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Sergeant Bluff City Zoning Code

CHAPTER 165B

ZONING CODE - ZONING DISTRICTS

165B.01 DISTRICTS.

In order to regulate and restrict the height, location, size, and type of buildings, structures, and uses allowed on land in the City, the City is hereby divided into districts in accordance with the Comprehensive Plan.

165B.02 PROVISION FOR OFFICIAL ZONING MAP.

      The City is hereby divided into districts, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Zoning Code. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the seal of the City under the following words: “This is to certify that this is the Official Zoning Map referred to in Section 165B.02 of the Zoning Code of the City of Sergeant Bluff, Iowa,” together with the date of the adoption of this Zoning Code. If, in accordance with the provisions of this Zoning Code, changes are made in the district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the City Council.
   2.   In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council may by resolution adopt a new Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the City Clerk and bearing the seal of the City under the following words: “This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted by Ordinance No. _______ of the City of Sergeant Bluff Iowa.” Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

165B.03 DISTRICTS; USE.

For the purpose of this Zoning Code, the City is hereby divided into 17 districts, designated as follows:
(AR)      Agricultural-Residential District
(RS150)   Single-Family Residential District
(RS80)   Single-Family Residential District
(RG60)   General Residential District
(RG20)   General Residential District
(MF-1)      Multi-Family Residential District
(M)      Mobile Home Residential District
(BG)      General Business District
(BGC)      Central Business District
(BN)      Neighborhood Business District
(HSB)      Highway Service Business District
(BGH)      Heavy General Business District
(ML)      Light Manufacturing District
(MH)      Heavy Manufacturing District
(MLG)      Manufacturing Light Green District
(AP)      Airport Overlay District
(PD)      Planned Unit Development District

165B.04 DISTRICTS; BOUNDARIES AND OFFICIAL ZONING MAP.

The boundaries of the districts are hereby established as shown on the map entitled “Official Zoning Map of the City of Sergeant Bluff, Iowa.” Said maps and all explanatory matter thereon accompany and are hereby made a part of this Zoning Code as if fully written herein. The Official Zoning District Map shall be identified by the signature of the Mayor, and attested by the City Clerk. No changes shall be made on the Zoning District Map except as may be required by amendments to this Zoning Code. Such changes shall be promptly indicated on the Zoning District Map with the ordinance number, nature of change, and date of change noted on the map.
(See EDITOR’S NOTE at the end of this chapter for ordinances amending the zoning map.)

165B.05 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.

Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
   1.   Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.
   2.   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
   3.   Boundaries indicated as approximately following City limits shall be construed as following such City limits.
   4.   Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
   5.   Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line.
   6.   Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.
   7.   Boundaries indicated as parallel to or extensions of features indicated in Subsections 1 to 6 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
   8.   Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections to 7 above, the Board of Zoning Adjustment shall interpret the district boundaries.
   9.   Where a district boundary line divides a lot which was in single ownership at the time of passage of this Zoning Code, the Board of Zoning Adjustment may permit the extension of the regulations for either portion of the lot, not to exceed 50 feet beyond the district line into the remaining portion of the lot.
   10.   When a district boundary line splits a lot, tract, or parcel that is in sole ownership, the zoning district with the most restrictive requirements may be extended over the entire property without amending the zoning map through the public hearing process.
   11.   When a lot, tract, or parcel is bisected by the extraterritorial jurisdiction boundary line, the jurisdiction with the greatest portion of the property shall have controlling interest.

165B.06 LAND USE CATEGORIES MATRIX EXPLANATION.

The Matrix found in Section 165B.09 of this chapter is a listing of uses that may be allowed within the variety of Zoning Districts. The different uses are grouped into specific Land Use Categories. The Land Use Categories are listed in each of the Zoning Districts in lieu of specific uses. It is important to note, if a Land Use Category is listed within a specific Zoning District, it DOES NOT indicate every use in the Land Use Category is allowed within the specific District. The different uses within Section 165B.09 are: permitted (P), allowed upon approval of a conditional use permit (C), temporary (T), or not permitted (-). In order to determine if a specific use is allowed in a Zoning District, the following steps need to be followed:
   1.   Find the use type that matches your application.
   2.   Look across the table and determine which of the Zoning Districts it may be allowed.
   3.   Determine any special criteria for the uses by referring to the specific district.
   4.   Determine where the specific zoning districts are by reviewing the Official Zoning Map.
   5.   Determine the necessary procedures to receive required permits after the land or property is the control of the applicant.
   6.   When in doubt, please confer with planning staff.
The Table in Section 165B.09 also lists accessory uses that may be allowed or not allowed in any specific Zoning District. The accessory use listing can be found at the end of the Table. Additional requirements for specific uses are given in numbered footnotes below the Table.

165B.07 SITE PLAN REVIEW.

Some uses may be required to meet the requirements of Sections 165E.07 through 165E.10 of this Zoning Code. Some of these uses include but are not limited to:
   1.   Multiple family developments with four or more dwelling units.
   2.   Any proposed mixed use development plans.
   3.   Education facilities.
   4.   Automotive washing.
   5.   Automotive sales.
   6.   Any use including drive-in services.
   7.   Any construction of commercial, office, or civic structures over 10,000 square feet in building area.
   8.   Any industrial use.
   9.   Any commercial/office development proposed near any intersection with streets considered a collector and/or arterial.
   10.   Any development within an Urban Renewal Area (TIF District).
   11.   Any other sites/developments deemed necessary by City staff at the time of application.
   12.   Planned Developments as prescribed in Section 165B.25 of this Zoning Code.
   13.   Assembly buildings and halls.

165B.08 ANNEXATION AND CONFORMANCE WITH LAND USE PLAN.

Areas annexed into the corporate limits of the City shall be zoned to conform to the Future Land Use Plan.

165B.09 LAND USE CATEGORIES MATRIX

USE TYPE
AR
RS150
RS80
RG60
RG20
MF-1
M
BG
BGC
BN
HSB
BGH
ML
MH
MLG
USE TYPE
AR
RS150
RS80
RG60
RG20
MF-1
M
BG
BGC
BN
HSB
BGH
ML
MH
MLG
Use Category: Agricultural and Horticulture Uses
Community gardens
P
C
-
-
-
P
-
-
-
-
-
-
-
-
-
Commercial greenhouse
P
-
-
-
-
-
-
T
T
T
T
T
C
C
C
Livestock sales
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Wineries
-
-
-
-
-
-
-
C
C
C
C
C
-
-
-
Equestrian centers and stables
C
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Horses, chickens, goats, and other recreational livestock on residential lots (1)
P
-
-
-
-
-
-
-
-
-
-
-
-
-
Use Category: Agricultural Sales and Service
Agricultural chemicals, fertilizer, anhydrous ammonia storage and distribution for commercial use
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Agricultural implement and vehicle sales/service
-
-
-
-
-
-
-
-
-
-
-
C
C
C
C
Agricultural processing
-
-
-
-
-
-
-
-
-
-
-
-
-
-
C
Agriculture feed mixing and blending, seed sales and grain handling operations
P
-
-
-
-
-
-
-
-
-
-
-
C
C
C
Use Category: Residential Living
Multi-family dwelling (maximum of 4 units per structure)
-
-
-
P
P
P
-
-
-
-
-
-
-
-
-
Multi-family dwelling (5 to 8 units per structure)
-
-
-
-
C
P
-
-
-
-
-
-
-
-
-
Multi-family dwelling (9 to 12 units per structure)
-
-
-
-
C
P
-
-
-
-
-
-
-
-
-
Multi-family dwelling (12 to 24 units per structure)
-
-
-
-
C
P
-
-
-
-
-
-
-
-
-
Multi-family dwelling (25 to 37 units per structure)
-
-
-
-
-
P
-
Multi-family dwelling (38 to 50 units per structure)
-
-
-
-
-
P
-
Multi-family dwelling (51 to 72 units per structure)
-
-
-
-
-
P
-
Condominiums (up to 2 units per structure)
-
-
-
C
C
P
-
-
-
-
-
-
-
-
-
Condominiums (3 to 4 units per structure)
-
-
-
C
C
P
-
-
-
-
-
-
-
-
-
Condominiums (5 to 8 units per structure)
-
-
-
C
-
P
-
-
-
-
-
-
-
-
-
Condominiums 9 to 12 units per structure)
-
-
-
-
-
P
-
-
-
-
-
-
-
-
-
Manufactured home dwelling (2)
P
-
-
-
-
-
P
-
-
-
-
-
-
-
-
Manufactured home dwelling as a secondary dwelling or workers’ quarters (2)
C
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Seasonal dwelling or cabins
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Single-family attached dwelling (up to 2 units connected)
-
P
P
P
P
-
-
-
-
-
-
-
-
-
-
Single-family attached dwelling (2 to 4 units connected)
-
-
-
P
C
-
-
-
-
-
-
-
-
-
-
Single-family dwellings
P
P
P
P
P
-
-
-
-
-
-
-
-
-
-
Tiny homes/houses
-
-
-
-
-
-
P
-
-
-
-
-
-
-
-
Two-family / duplex
-
C
C
C
C
-
-
-
-
-
-
-
-
-
-
Upper story housing
-
-
-
-
-
-
-
-
C
C
-
-
-
-
-
Use Category: Residential/Commercial Institutions
Adult daycare homes
-
-
-
-
P
P
-
P
P
P
P
P
-
-
-
Assisted living facilities
-
-
-
-
C
C
-
C
C
C
C
C
-
-
-
Bed and breakfast (3)
C
-
-
C
C
-
-
-
-
-
-
-
-
-
-
Convents
-
-
-
-
C
C
-
-
-
-
-
-
-
-
-
Emergency residential services and shelters
P
P
P
P
P
P
P
P
P
P
P
P
-
-
-
Group care home
P
P
P
P
P
P
-
-
-
-
-
-
-
-
-
Group home
-
-
-
-
P
P
-
-
-
-
-
-
-
-
-
Hospice
-
-
-
-
P
P
-
-
-
-
-
-
-
-
-
Life care facility
-
-
-
-
P
P
-
-
-
-
-
-
-
-
-
Monasteries
-
-
-
-
C
C
-
-
-
-
-
-
-
-
-
Nursing homes
-
-
-
-
P
C
-
C
C
C
C
C
-
-
-
Retirement homes
-
-
-
-
P
C
-
C
C
C
C
C
-
-
-
Use Category: Community Services/Civic Uses
Animal shelters
-
-
-
-
-
-
-
C
-
-
C
C
C
C
C
Cemetery
P
-
-
-
-
-
-
-
-
-
C
C
-
-
-
Churches, synagogues, temples and similar
P
P
P
P
P
P
-
P
P
P
P
P
-
-
-
Church, storefront
-
-
-
-
-
-
-
C
C
C
C
C
-
-
-
Community centers and buildings
-
-
-
C
C
P
-
P
P
P
P
P
P
P
-
Fire and rescue facilities
-
P
P
P
P
P
P
P
P
P
P
P
P
P
-
Fraternal organization
-
-
-
-
C
C
-
P
P
P
P
P
P
P
-
Governmental offices
-
-
-
-
P
C
-
P
P
P
P
P
P
P
-
Hospitals
-
-
-
-
-
-
-
P
-
-
P
P
P
P
-
Law enforcement centers
-
-
-
-
-
-
-
P
P
P
P
P
P
P
-
Public libraries and museums
-
-
-
-
-
-
-
P
P
P
P
P
P
P
-
Philanthropic organizations
-
-
-
-
-
-
-
P
P
P
P
P
P
P
-
Private museums
-
-
-
-
-
-
-
P
P
P
P
P
P
P
-
Planetariums
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Senior citizen centers
-
-
-
-
P
C
-
C
C
C
C
C
C
C
-
Use Category: Treatment, Rehabilitation and Incarceration Facilities
Community correction centers
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Drug and alcohol rehabilitation centers
-
-
-
-
-
-
-
C
C
C
C
C
-
-
-
Halfway houses
-
-
-
-
P
P
-
P
P
P
P
P
P
P
-
Public detention center
-
-
-
-
-
-
-
-
-
-
C
C
C
C
-
Juvenile detention center
-
-
-
-
-
-
-
-
-
-
C
C
C
C
-
Prisons, public and private
-
-
-
-
-
-
-
-
-
-
C
C
C
C
-
Child care center
C
-
-
C
C
C
-
C
C
C
C
C
C
C
-
Child care facility
-
-
-
C
C
C
-
C
C
C
C
C
C
C
-
Child care home
-
P
P
P
P
P
P
P
P
P
P
P
P
P
-
Child development home
-
C
C
C
C
C
C
C
C
C
C
C
C
C
-
Colleges and universities
-
-
-
-
-
-
-
P
P
P
P
P
P
P
-
Preschools
-
C
C
C
C
C
-
C
C
C
C
C
-
-
-
Public and private schools (K-12)
-
P
P
P
P
P
-
P
P
P
P
P
-
-
-
Trade, career and technical schools
-
-
-
-
-
-
-
C
C
C
C
C
C
C
C
Use Category: Public Parks and Open Space
Arboretums
-
P
P
P
P
P
-
P
P
P
P
P
P
P
P
Athletic fields
-
C
C
C
C
C
-
P
P
P
P
P
P
P
P
Campground
-
-
-
-
-
-
-
-
-
-
C
C
-
-
-
Nature centers
C
-
-
-
-
-
-
-
-
-
C
C
-
-
-
Parks, trails, picnic areas, and playgrounds
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
State parks
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Public pools and/or water parks
P
P
P
P
P
P
P
P
P
P
P
P
-
-
-
Privately/commercially owned and operated pools and/or water parks
-
-
-
C
C
C
C
C
C
C
C
C
-
-
-
Dog parks (not racing)
C
-
-
-
-
-
-
C
C
C
C
C
-
-
-
Use Category: Public/Private Utilities and Communication Services
Natural gas exploration and pumping
-
-
-
-
-
-
-
-
-
-
-
-
C
C
-
Natural gas depots
-
-
-
-
-
-
-
-
-
-
-
-
C
C
-
Wind energy conversion systems – commercial/utility grade
-
-
-
-
-
-
-
-
-
-
-
-
C
C
-
Public works facilities and related storage and maintenance garages
-
-
-
-
-
-
-
P
P
P
P
P
P
P
-
Data processing center
P
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Data storage facility
P
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Wireless telecommunication facilities and equipment, new tower (4)
C
C
-
-
-
-
-
C
C
C
C
C
C
C
-
Wireless telecommunication facilities and equipment, collocated (4)
P
P
-
-
-
-
-
P
P
P
P
P
P
P
-
Radio and tower transmitter (shortwave and ham operations) (no offices)
-
-
-
-
-
-
-
-
-
-
-
-
C
C
-
Land Use Categories and Zoning Matrix, Part 2
USE TYPE
AR
RS150
RS80
RG60
RG20
MF-1
M
BG
BGC
BN
HSB
BGH
ML
MH
MLG
USE TYPE
AR
RS150
RS80
RG60
RG20
MF-1
M
BG
BGC
BN
HSB
BGH
ML
MH
MLG
Use Category: Animal Care
Animal shelter
-
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Kennel, commercial
-
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Kennel, private
C
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Pet cemetery
P
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Pet crematorium
-
-
-
-
-
-
-
-
-
-
-
-
C
C
-
Pet grooming and training
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Animal hospital
-
-
-
-
-
-
-
P
P
P
P
P
P
P
-
Use Category: Business and Household Services
Building maintenance and cleaning services
-
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Copying, printing, mailing and packaging services
-
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Lawn, garden and yard maintenance services
-
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Locksmiths and key duplication
-
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Pest control services
-
-
-
-
-
-
-
P
P
-
P
P
P
P
P
Small appliances and household equipment repair
-
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Well drilling or septic tank cleaning
-
-
-
-
-
-
-
C
C
C
P
P
P
P
-
Use Category: Financial Services
Banks
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Automatic teller machine (ATM)
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Brokerages
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Credit unions
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Insurance offices
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Financial advisory services
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Specialty loan services
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Use Category: Food and Beverage Services
Banquet/reception facility
-
-
-
-
-
-
-
C
C
C
C
C
-
-
-
Brew on-premises store
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Brewery
-
-
-
-
-
-
-
C
C
C
C
C
C
C
C
Craft brewery (commercial)
-
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Catering service
-
-
-
-
-
-
-
C
C
C
C
C
-
-
-
Donut and pastry shops
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Mobile food units
-
-
-
-
-
-
-
T
T
T
T
T
T
T
T
Restaurants without drive-through windows
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Restaurants with drive-through windows (5)
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Roadside produce stands (6)
T
-
-
-
-
-
-
T
T
T
T
T
T
T
-
Sidewalk café
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Tavern or bar
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Drinking establishments
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Coffee houses, coffee shops
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Brew pub
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Micro-brewery (commercial)
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Coffee kiosks
-
-
-
-
-
-
-
P
P
P
P
P
P
P
-
Use Category: General Commercial
Antiques and collectibles shop
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Art galleries
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Artisan production shop
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Artist studio
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Arts and crafts stores
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Bicycle sales and service
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Land Use Categories and Zoning Matrix, Part 3
USE TYPE
AR
RS150
RS80
RG60
RG20
MF-1
M
BG
BGC
BN
HSB
BGH
ML
MH
MLG
USE TYPE
AR
RS150
RS80
RG60
RG20
MF-1
M
BG
BGC
BN
HSB
BGH
ML
MH
MLG
Use Category: General Commercial (continued)
Book store, music and musical instrument store
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Bridal sales and services
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Business support services
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Camping equipment sales
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Candy store
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Clothing and accessories
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Computer hardware/software sales
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Dance studies and schools
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Drug store, pharmacy
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Dry cleaners
-
-
-
-
-
-
-
C
C
C
C
C
P
P
-
Electronic/appliance sales and service
-
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Equipment sales and rental
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Equipment repair services
-
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Exercise equipment sales
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Fabric and sewing supply stores
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Farmers’ market (7)
T
-
-
-
-
-
-
T
T
T
T
T
-
-
-
Firearms and ammunition sales
-
-
-
-
-
-
-
C
C
C
C
C
C
C
C
Florists
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Food store, including bakeries, meat lockers, butchers, delicatessen, and specialty markets, not a full-service grocery
-
-
-
-
-
-
-
P
P
P
P
P
-
-
--
Funeral homes and mortuaries, including crematoriums
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Garden center
-
-
-
-
-
-
-
P
C
C
P
P
-
-
-
Gift store
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Grocery, supermarket
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Hardware store
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Heating and cooling sales and services
-
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Home furnishings, including paint and wall covering, lamp and lighting, flooring materials and draperies
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Lawn and garden equipment sales and service
-
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Pawn shops
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Photographic equipment and supplies
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Pottery store
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Religious book, card and articles stores
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Secondhand store, thrift or consignment store
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Self-services laundry and Laundromat
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Shoe stores and repair
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Specialty equipment repair services
-
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Sporting goods store
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Surplus sales
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Tanning studio
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Taxidermy services
-
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Tobacco store
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Use Category: Special Commercial
Billiard halls
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Boat dealers
-
-
-
-
-
-
-
P
-
-
P
P
P
P
P
Building materials dealers
-
-
-
-
-
-
-
P
-
-
P
P
P
P
P
Business center
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Concrete and cinder block sales
-
-
-
-
-
-
-
P
-
-
P
P
P
P
P
Convenience store
-
-
-
-
-
C
-
P
P
P
P
P
C
C
-
Drive-in theater
-
-
-
-
-
-
-
-
-
-
-
C
-
-
-
Land Use Categories and Zoning Matrix, Part 4
USE TYPE
AR
RS150
RS80
RG60
RG20
MF-1
M
BG
BGC
BN
HSB
BGH
ML
MH
MLG
USE TYPE
AR
RS150
RS80
RG60
RG20
MF-1
M
BG
BGC
BN
HSB
BGH
ML
MH
MLG
Use Category: Special Commercial (continued)
Fencing dealers
-
-
-
-
-
-
-
P
-
-
P
P
P
P
P
Gasoline filling stations, including self-service
-
-
-
-
-
C
-
P
P
P
P
P
C
C
-
Liquor stores/sales
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Monument sales
-
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Motels and hotels
-
-
-
-
-
-
-
C
-
C
P
P
-
-
-
Nurseries, retail sales
C
-
-
-
-
-
-
-
-
-
P
P
P
P
P
Parking area, stand-alone, private or public
-
-
-
-
-
-
-
P
P
P
P
P
P
P
-
Pet shop
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Piercing studio
-
-
-
-
-
-
-
P
P
P
P
P
P
P
-
Swimming pool sales
-
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Tattoo parlor
-
-
-
-
-
-
-
P
P
P
P
P
P
P
-
Theaters and auditoriums
-
-
-
-
-
-
-
P
-
-
P
P
-
-
-
Use Category: Medical Uses
Acupuncture offices
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Chiropractor offices
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Dental offices, including orthodontics
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Doctors’ offices (medical)
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Massage therapy
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Medical clinics, including general practice and specialty care
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Optical sales and services
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Rehabilitation facilities, including out-patient services
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Use Category: Office Uses
Accountant and investment counseling
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Business offices
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Call center
-
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Consultant offices
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Lawyer/attorney offices
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Photographic studios
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Real estate offices
-
-
-
-
-
C
-
P
P
P
P
P
-
-
-
Utility and telephone company offices
-
-
-
-
-
C
-
P
P
P
P
P
P
P
P
General offices
-
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Use Category: Recreational Commercial
Amusement arcade
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Bowling alley
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Commercial stables
C
-
-
-
-
-
-
-
-
-
-
C
-
-
-
Golf courses, public and private
-
-
-
-
-
-
-
-
-
-
C
C
-
-
-
Golf driving ranges
-
-
-
-
-
-
-
-
-
-
C
C
-
-
-
Gun clubs
-
-
-
-
-
-
-
-
-
-
-
C
C
C
C
Health clubs and spas, including YMCAs and YWCAs
-
-
-
-
-
C
-
P
P
P
P
P
C
C
C
Miniature golf courses
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Paintball courses
-
-
-
-
-
-
-
-
-
-
-
C
C
-
-
Recreational facility, indoor
-
-
-
-
-
-
-
C
-
-
-
C
C
-
C
Recreational facility, outdoor
-
-
-
-
-
-
-
C
-
-
-
C
C
-
-
Recreational vehicle (RV) park (8)
-
-
-
-
-
-
-
-
-
-
C
C
-
-
-
Recreational vehicle camping (9)
-
-
-
-
-
-
-
-
-
-
C
C
-
-
-
Riding academies
C
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Roller and ice skating rink
-
-
-
-
-
-
-
P
P
P
P
P
-
-
-
Skate park
-
-
C
C
C
C
C
P
P
P
P
P
-
-
-
Land Use Categories and Zoning Matrix, Part 5
USE TYPE
AR
RS150
RS80
RG60
RG20
MF-1
M
BG
BGC
BN
HSB
BGH
ML
MH
MLG
USE TYPE
AR
RS150
RS80
RG60
RG20
MF-1
M
BG
BGC
BN
HSB
BGH
ML
MH
MLG
Use Category: Auto Services/Commercial
Auto body repair (10)
-
-
-
-
-
-
-
-
-
-
-
C
P
P
P
Automobile and truck washes, self-service or automatic (11)
-
-
-
-
-
-
-
C
C
C
C
C
P
P
P
Automotive and machinery repair shop (10)
-
-
-
-
-
-
-
C
C
C
C
P
P
P
P
Motor home dealers (12)
-
-
-
-
-
-
-
-
-
-
-
C
P
P
P
Motor vehicle dealers, new and used (12)
-
-
-
-
-
-
-
C
C
C
C
P
P
P
-
Motorcycle dealers, including moped and scooters (12)
-
-
-
-
-
-
-
C
C
C
C
P
P
P
-
Muffler sales and services (10)
-
-
-
-
-
-
-
C
C
C
C
P
P
P
P
Recreational vehicle sales and rentals (12)
-
-
-
-
-
-
-
C
C
C
C
C
P
P
P
Trailer, recreational vehicle, and boat storage
-
-
-
-
-
-
-
-
-
-
-
C
P
P
P
Transmission repair shops (10)
-
-
-
-
-
-
-
C
C
C
C
P
P
P
P
Travel trailer dealers (12)
-
-
-
-
-
-
-
C
C
C
C
P
P
P
P
Truck sales, rental and leasing (12)
-
-
-
-
-
-
-
C
C
C
C
P
P
P
P
Vehicle storage
-
-
-
-
-
-
-
-
-
-
-
C
P
P
P
Vehicle storage, long-term
-
-
-
-
-
-
-
-
-
-
-
C
P
P
P
Use Category: Adult Uses
Adult Entertainment (13)
-
-
-
-
--
-
Use Category: Warehousing and Storage
Bulk materials or machinery storage (fully enclosed)
-
-
-
-
-
-
-
-
-
-
P
P
P
P
P
Mini warehouses and self-service storage (14)
-
-
-
-
-
-
-
-
-
-
-
C
C
C
C
Motor freight terminals
-
-
-
-
-
-
-
-
-
-
-
-
C
P
P
Outdoor storage
-
-
-
-
-
-
-
-
-
-
-
C
P
P
P
Outdoor storage containers (15)
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Storage facilities similar to portable on-demand storage containers (15)
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
Warehouse and distribution
-
-
-
-
-
-
-
-
-
-
-
P
C
P
P
Warehousing (enclosed)
-
-
-
-
-
-
-
-
-
-
-
P
P
P
P
Warehousing (open)
-
-
-
-
-
-
-
-
-
-
-
C
C
C
C
Wholesale business and storage
-
-
-
-
-
-
-
-
-
-
-
C
P
P
P
Use Category: Contractors, Contractor Yards, Storage and Supply
Building materials sales or storage yards (excluding asphalt or concrete mixing)
-
-
-
-
-
-
-
-
-
-
-
C
P
P
P
Bulk materials or machinery storage (fully enclosed)
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Carpenters
-
-
-
-
-
-
-
-
-
-
-
P
P
P
P
Carpet and rug cleaning plants
-
-
-
-
-
-
-
-
-
-
-
-
P
P
-
Construction batch plants
-
-
-
-
-
-
-
-
-
-
-
T
P
P
-
Construction yards, including offices and equipment storage yards, excluding heavy machinery
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Electricians
-
-
-
-
-
-
-
-
-
-
-
P
P
P
P
Heating and ventilating contractors
-
-
-
-
-
-
-
-
-
-
-
P
P
P
P
Masons and bricklayers
-
-
-
-
-
-
-
-
-
-
-
P
P
P
P
Plumbers
-
-
-
-
-
-
-
-
-
-
-
P
P
P
P
Trade shops (including cabinet makers)
-
-
-
-
-
-
-
-
-
-
-
P
P
P
P
USE TYPE
AR
RS150
RS80
RG60
RG20
MF-1
M
BG
BGC
BN
HSB
BGH
ML
MH
MLG
USE TYPE
AR
RS150
RS80
RG60
RG20
MF-1
M
BG
BGC
BN
HSB
BGH
ML
MH
MLG
Use Category: Large Contracting/Materials Manufacturing
Asphalt contractors
-
-
-
-
-
-
-
-
-
-
-
-
P
P
-
Batch plants for asphalt or concrete (16)
-
-
-
-
-
-
-
T
T
T
T
T
T
T
-
Concrete batch plants, permanent
-
-
-
-
-
-
-
-
-
-
-
-
C
C
P
Concrete block manufacturing
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Concrete contractors
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Concrete products
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Excavating contractors
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Heavy construction companies
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Highway and street construction company
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Manufacturing housing fabrication
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Prefabricated building and components manufacturing
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Wrecking and demolition contractors
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Use Category: Food Processing and Manufacturing
Bakery products manufacturing
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Beverage blending and bottling (except breweries)
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Coffee, tea and spice processing and packaging and roasting
-
-
-
-
-
-
-
P
P
P
Creamery and dairy operations
-
-
-
-
-
-
-
-
-
-
-
-
P
P
C
Dairy products manufacturing
-
-
-
-
-
-
-
-
-
-
-
-
P
P
C
Egg processing plants
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Flour, feed and grain grinding and milling
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Fruit and vegetable processing, canning, preserving, drying and freezing
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Ice manufacturing (including dry ice)
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Use Category: Mining and Excavation
Brick, firebrick and clay products manufacturing
-
-
-
-
-
-
-
-
-
-
-
-
-
C
-
Monument and architectural stone manufacturing
-
-
-
-
-
-
-
-
-
-
-
-
-
C
-
Clay extraction
-
-
-
-
-
-
-
-
-
-
-
-
-
C
-
Use Category: Metal Processing, Stamping
Culvert manufacturing
-
-
-
-
-
-
-
-
-
-
-
-
C
P
C
Fabricated metal products
-
-
-
-
-
-
-
-
-
-
-
-
C
P
C
Welding
-
-
-
-
-
-
-
-
-
-
-
-
C
P
C
Wire rope and cable manufacturing
-
-
-
-
-
-
-
-
-
-
-
-
C
P
C
Use Category: Products Manufacturing
Ammunition manufacturing
-
-
-
-
-
-
-
-
-
-
-
-
C
C
C
Basket and hamper (wood, reed, rattan, etc.) manufacturing
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Millwork manufacturing
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Electronics manufacturing
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Machinery manufacturing
-
-
-
-
-
-
-
-
-
-
-
-
P
P
C
Firearms manufacturing
-
-
-
-
-
-
-
-
-
-
-
-
C
C
C
Musical instruments manufacturing
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Pharmaceuticals manufacturing
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Printing and publishing plants
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Tool, die, gauge and machine shops
-
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Wind turbine manufacturing
-
-
-
-
-
-
-
-
-
-
-
-
C
C
C
Land Use Categories and Zoning Matrix, Part 7
USE TYPE
AR
RS150
RS80
RG60
RG20
MF-1
M
BG
BGC
BN
HSB
BGH
ML
MH
MLG
USE TYPE
AR
RS150
RS80
RG60
RG20
MF-1
M
BG
BGC
BN
HSB
BGH
ML
MH
MLG
Use Category: General Manufacturing (High Hazard)
Automobile wrecking yard (17)
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Bio-fuels manufacturing, including ethanol production (18)
-
-
-
-
-
-
-
-
-
-
-
-
-
C
-
Grain elevator and storage facilities
C
-
-
-
-
-
-
-
-
-
-
-
-
C
-
Oils, shortenings, and fats (edible) processing and storage
-
-
-
-
-
-
-
-
-
-
-
-
-
C
-
Oils, vegetables, and animal (non-edible) processing and storage
-
-
-
-
-
-
-
-
-
-
-
-
-
C
-
Petroleum, gasoline, or lubricating oil refining and wholesale storage
-
-
-
-
-
-
-
-
-
-
-
-
-
C
-
Salvage operations (17)
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Scrap or salvage yards (17)
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Waste recovery facilities, commercial, industrial and residential
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Wood preserving treatment
-
-
-
-
-
-
-
-
-
-
-
-
-
C
-
Use Category: Accessory Uses
Barns
P
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Bins, grain storage
P
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Decks, gazebos, patios (elevated or on-grade) (19)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Freestanding canopy (19)
P
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Fuel storage
P
-
-
-
-
-
-
-
-
-
-
-
P
P
P
Fuel tanks and dispensing equipment
P
-
-
-
-
-
-
P
P
P
P
P
P
P
P
Garages, private (19)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Garage, storage (19)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Carports (19)
P
P
P
P
P
P
P
-
-
-
-
-
-
-
-
Greenhouses, non-commercial (19)
P
P
P
P
P
P
P
-
-
-
-
-
-
-
-
Home occupations (20)
P
P
P
P
-
-
P
-
-
-
-
-
-
-
-
Home based businesses, general (20)
P
P
P
P
-
-
P
-
-
-
-
-
-
-
-
Home based businesses, limited (20)
P
P
P
P
-
-
P
-
-
-
-
-
-
-
-
Home based occupation/business for limited gun and ammunition sales (20)
C
C
C
C
-
-
C
C
C
C
C
C
-
-
-
Portable on-demand storage containers
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
Porch, unenclosed (19)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Silos
P
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Solar energy systems for use on individual properties or building (22)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Storage sheds (19)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Storage building using multiple storage containers
-
-
-
-
-
-
-
-
-
-
-
-
C
C
C
Swimming pools (19)
P
P
P
P
P
P
P
P
P
P
P
P
-
-
-
Tennis courts (19)
P
P
P
P
P
P
P
P
P
P
P
P
-
-
-
Wireless telecommunication systems (21)
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
Land Use Categories and Zoning Matrix, Part 8
(Ord. 764 – Aug. 25 Supp)
Footnotes to Land Use Categories and Zoning Matrix - Additional Requirements
   (1)   See additional restrictions in Chapter 55 of this Code of Ordinances.
   (2)   See additional restrictions in Chapter 146 of this Code of Ordinances.
   (3)   See Section 165D.14(3).
   (4)   See Section 165D.03.
   (5)   See Sections 165E.07 through 165E.10 of this Zoning Code.
   (6)   See the Code of Ordinances for additional restrictions.
   (7)   See Chapter 125 of this Code of Ordinances.
   (8)   See Section 165D.17 of this Zoning Code.
   (9)   See Section 165D.17 and Section 165A.30 of this Zoning Code.
   (10)   See Section 165D.11.
   (11)   See Section 165D.13.
   (12)   See Section 165D.13.
   (13)   See Chapter 128 of this Code of Ordinances.
   (14)   See Section 165D.10.
   (15)   See Section 165D.15.
   (16)   See Section 165A.30(1) of this Zoning Code.
   (17)   See Section 165D.07.
   (18)   See Section 165D.08.
   (19)   See City Building Codes and Section 165A.22.
   (20)   See Section 165D.01 and 165D.02.
   (21)   See Section 165D.03.
   (22)   See Section 165D.09.
   (23)   See Section 165B.16 (7.L)
(Ord. 713 - Dec. 21 Supp)

165B.10 AR: AGRICULTURAL RESIDENTIAL DISTRICT.

   1.   Intent. The Agricultural Residential District provides an environment where agriculture can operate compatibly with suburban residences on lots with a minimum of five (5) acres of area.
   2.   Compatible Use Categories. The following are land use categories identified in Section 165B.09 of this Zoning Code. Specific uses within the land use categories may be allowed as a permitted use, conditional use, temporary use, and exempt uses or not permitted. Refer to Section 165B.09 to determine the level allowed.
   A.   Agriculture and Horticulture Uses
   B.   Agricultural Sales and Service
   C.   Residential Living
   D.   Residential/Commercial Institutions
   E.   Community Services/Civic Uses
   F.   Public parks and Open Space
   G.   Public/Private Utilities & Communication Services
   H.   Animal Care
   I.   Food and Beverage Services
   J.   General Commercial
   K.   Recreational Commercial
   L.   Warehousing and Storage
   M.   General Manufacturing (High Hazard)
   N.   Accessory Uses
3.   Permitted Uses. Permitted uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the district.
   4.   Conditional Uses. Conditional uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the AR District as heard and approved by the Board of Adjustment.
   5.   Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 165A.30.
   6.   Accessory Uses and Structures. Refer to the definitions of accessory uses and structures, as well as Table 165B.09 and sections within Chapter 165A for more detail.
   7.   Height and Lot Requirements. The height and minimum lot requirements shall be as follows:
 
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Maximum Height
Maximum Building Coverage
Maximum Impervious Coverage
Single-family dwelling
5 acres
150 feet
120 feet
35 feet
50 feet
35 feet
10 percent
20 percent
Other permitted uses
5 acres
150 feet
120 feet
35 feet
50 feet
35 feet
10 percent
20 percent
Conditional uses
5 acres
150 feet
120 feet
35 feet
50 feet
35 feet
10 percent
20 percent
Accessory buildings
-
-
120 feet
5 feet*
5 feet*
20 feet
30 percent of rear yard
-
* Accessory buildings/structures shall be placed a minimum of five feet from any property line, the main dwelling, or any other accessory building/structure. If easements are present, placement of the accessory building/structure shall also be in accordance with the restrictions of the easement.
 
   8.   Special Provisions for Feed Lots, Corrals, and Kennels. The following performance standards shall apply to the uses indicated. They shall be supplemental to and in addition to other provisions applying to the property:
      A.   Feed lots, corrals, winter quarters. Feed lots or corrals in which animals are kept at a density of over 10 head per acre or where feed bunkers or water are placed so animals naturally tend to bunch up, shall not be closer than 300 feet from any property line adjoining properties used for residential, commercial or light manufacturing purposes.
      B.   Such feed lots, or corrals, shall maintain drainage so as to avoid excessive concentration of contaminated water and such drainage shall be arranged so contaminated water does not drain into watercourses in such a manner that it reaches neighboring properties at a concentration noticeable to normal senses.
      C.   Manure in such feed lots or corrals shall not be allowed to accumulate to objectionable proportions and each feeding pen shall be scraped at least once a month, weather permitting.
      D.   Adequate fly spray shall be applied to all of the feeding area during fly season and more often if necessary, to control the fly population.
      E.   All dead animals shall be removed within 24-hours.
      F.   Feed shall be limited to fresh materials and shall not include sour silage, sugar beet pulp, paunch manure, garbage, or other materials which may create objectionable odors.
      G.   Kennels shall follow the requirements in Chapter 55 Animal Protection and Control and Chapter 56 Dangerous and Vicious Animals, kennels containing more than three dogs over six months of age, and poultry houses shall not be placed any closer than 200 feet from the lot line when adjoining property is used for residential, motel, hotel, or cabin resort purposes.
      H.   Parking and loading spaces sufficient to meet all reasonable demands for such space shall be provided off the public right-of-way.
(Ord. 729 - Dec. 22 Supp)

165B.11 RS150: SINGLE-FAMILY RESIDENTIAL DISTRICT.

   1.   Intent. This district is intended to provide for low-density residential neighborhoods, characterized by lots with a minimum of 15,000 square feet of area for single-family, single-family attached (2 units), and duplex residential use, all other uses shall have a minimum area of 2 acres.
   2.   Compatible Land Use Categories. The following land use categories identified in Section 165B.09 of this Zoning Code. Specific uses within the land use categories may be allowed as a permitted use, conditional use, and temporary use, or not permitted. Refer to Section 165B.09 to determine the level allowed.
      A.   Agriculture and Horticulture Uses
      B.   Residential Living
      C.   Residential/Commercial Institutions
      D.   Community Services/Civic Uses
      E.   Treatment, Rehabilitation, and Incarceration Facilities
      F.   Public Parks and Open Space
      G.   Public/Private Utilities and Communication Services
      H.   Warehousing and Storage
      I.   Accessory Uses
   3.   Permitted Uses. Permitted uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the district.
   4.   Conditional Uses. Conditional uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the RS150 District as heard and approved by the Board of Adjustment.
   5.   Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 165A.30.
   6.   Accessory Uses and Structures. Refer to the definitions of accessory uses and structures, as well as Table 165B.09 and Sections within 165A for more detail.
   7.   Height and Lot Requirements. The height and minimum lot requirements shall be as follows:
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Street Side Yard
Maximum Height
Maximum Building Coverage
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Street Side Yard
Maximum Height
Maximum Building Coverage
Single-family dwelling
15,000 sq. ft.
100 feet
40 feet
35 feet
10 feet
20 feet
30 feet
25 percent
Single-family attached (2 units)
7,500 sq. ft. per unit
50 feet per unit
40 feet
35 feet
10 feet*
20 feet
30 feet
25 percent
Two-Family/Duplex
7,500 sq. ft per unit
50 feet per unit
40 feet
35 feet
10 feet*
20 feet
30 feet
25 percent
Other permitted uses
2 acres
100 feet
40 feet
35 feet
10 feet*
20 feet
30 feet
25 percent
Conditional uses
2 acres
100 feet
40 feet
35 feet
10 feet*
20 feet
30 feet
25 percent
Accessory buildings/Structures
--
--
40 feet
5** feet
NP
20 feet
20 feet
30 percent
*Common wall shall have a zero-lot line setback and shall be located on the property line separating both dwellings
** Accessory buildings/structures shall be placed a minimum of five feet from any property line, the main dwelling, or any other accessory building/structure. If easements are present, placement of the accessory building/structure shall also be in accordance with the restrictions of the easement.
(Ord. 764 – Aug. 25 Supp.)
   8.   Special Requirements. For single-family attached and duplexes only, the following apply to all new construction of these residential types.
      A.   Each unit is separated by a two-hour fire rated wall from the lowest level and continuing through the roof structure.
      B.   Each unit shall be serviced by separate local utilities.
      C.   When each unit is in separate ownership, the accompanying lot shall not be in common ownership with any other unit.
      D.   No more than two units shall be connected in this district.
(Ord. 729 - Dec. 22 Supp)

165B.12 RS80: SINGLE-FAMILY RESIDENTIAL DISTRICT.

   1.   Intent. This district is intended to provide for single-family residential neighborhoods, characterized by lots with a minimum of 8,000 square feet of area.
   2.   Compatible Land Use Categories. The following land use categories identified in Section 165B.09 of this Zoning Code. Specific uses within the land use categories may be allowed as a permitted use, conditional use, and temporary use, or not permitted. Refer to Section 165B.09 to determine the level allowed.
      A.   Residential Living
      B.   Residential/Commercial Institutions
      C.   Community Services/Civic Uses
      D.   Treatment, Rehabilitation and Incarceration Facilities
      E.   Public Parks and Open Space
      F.   Public/Private Utilities and Communication Services
      G.   Recreational Commercial
      H.   Warehousing and Storage
      I.   Accessory Uses
   3.   Permitted Uses. Permitted uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the district.
   4.   Conditional Uses. Conditional uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the RS80 District as heard and approved by the Board of Adjustment.
   5.   Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 165A.30.
   6.   Accessory Uses and Structures. Refer to the definitions of accessory uses and structures, as well as Table 165B.09 and Sections within Chapter 165A for more detail.
   7.   Height and Lot Requirements.  The height and minimum lot requirements shall be as follows:
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Street Side Yard
Maximum Height
Maximum Building Coverage
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Street Side Yard
Maximum Height
Maximum Building Coverage
Single-family
8,000 sq. ft.
65 feet
30 feet
25 feet
7.5 feet
20 feet
30 feet
40 percent
Single-family attached (2 units only)
4,000 sq. ft. per unit
37.5 feet per unit
30 feet
25 feet
7.5 feet*
20 feet
30 feet
40 percent
Duplex
8,000 sq. ft.
65 feet
30 feet
25 feet
7.5 feet*
20 feet
30 feet
40 percent
Other permitted uses
8,000 sq. ft.
65 feet
30 feet
25 feet
7.5 feet
20 feet
30 feet
40 percent
Other conditional uses
8,000 sq. ft.
65 feet
30 feet
25 feet
7.5 feet
20 feet
30 feet
40 percent
Accessory buildings
--
--
30 feet
5 feet**
5 feet**
15 feet
15 feet
30 percent
*Common wall shall have a zero-lot line setback and shall be located on the property line separating both dwellings.
** Accessory buildings/structures shall be placed a minimum of five feet from any property line, the main dwelling, or any other accessory building/structure. If easements are present, placement of the accessory building/structure shall also be in accordance with the restrictions of the easement.
 
   8.   Special Requirements. For townhouses and duplexes only, the following apply to all new construction of these residential types.
      A.   Each unit is separated by a two-hour fire rated wall from the lowest level and continuing through the roof structure.
      B.   Each unit shall be serviced by separate local utilities.
      C.   When each unit is in separate ownership, the accompanying lot shall not be in common ownership with any other unit.
      D.   No more than two units shall be connected in this district.
(Ord. 729 - Dec. 22 Supp)

165B.13 RG60: GENERAL RESIDENTIAL DISTRICT.

   1.   Intent. This district is intended to provide residential dwellings; single dwellings up to maximum four units, characterized by lots with a minimum 6,000 square feet of area.
   1.   Intent. This district is intended to provide for densely developed residential developments. In some case, support services such as convenient stores and businesses providing personal services to nearby residents may be appropriate.
      A.   Residential Living
      B.   Residential/Commercial Institutions
      C.   Community Services/Civic Uses
      D.   Treatment, Rehabilitation, and Incarceration Facilities
      E.   Public Parks and Open Space
      F.   Public/Private Utilities and Communication Services
      G.   Recreational Commercial
      H.   Warehousing and Storage
      I.   Accessory Uses
   3.   Permitted Uses. Permitted uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the district.
   4.   Conditional Uses. Conditional uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the RG60 District as heard and approved by the Board of Adjustment.
   5.   Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 165A.30.
   6.   Accessory Uses and Structures. Refer to the definitions of accessory uses and structures, as well as Table 165B.09 and sections within Chapter 165A for more detail.
   7.   Height and Lot Requirements. The height and minimum lot requirements shall be as follows:
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Street Side Yard
Maximum Height
Maximum Building Coverage
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Street Side Yard
Maximum Height
Maximum Building Coverage
Single-family
6,000 sq. ft.
50 feet
25 feet
25 feet
5 feet
15 feet
30 feet
50 percent
Single-family attached/townhouse (2 units only) (zero lot line)
3,000 sq. ft.
25 feet per unit
25 feet
25 feet
5 feet*
15 feet
30 feet
50 percent
Two-family dwelling/duplex
6,000 sq. ft.
50 feet
25 feet
25 feet
5 feet
15 feet
30 feet
50 percent
Condominium (up to four units) (zero lot line)
3,000 sq. ft.
37.5 feet per unit
25 feet
25 feet
5 feet*
15 feet
30 feet
50 percent
Single-family attached/
townhouse (up to four units)
3,000 sq. ft.**
25 feet per unit**
25 feet
25 feet
5 feet*
15 feet
30 feet
50 percent
Multi-family dwelling (up to four units)
4,500 sq. ft. per unit
50 feet
25 feet
25 feet
5 feet
15 feet
30 feet
50 percent
Other permitted uses
6,000 sq. ft.
50 feet
25 feet
25 feet
5 feet
15 feet
30 feet
50 percent
Other conditional uses
6,000 sq. ft.
50 feet
25 feet
25 feet
5 feet
15 feet
30 feet
50 percent
Accessory buildings
--
--
25 feet
5 feet***
5 feet***
15 feet
15 feet
30 percent
*Common wall shall have a zero-lot line setback and shall be located on the property line separating both dwellings.
**The minimum lot area is 2,000 square feet per unit for interior units and the end units shall have a minimum of 4,000 square feet. The minimum lot width for interior lots is 25 feet and the minimum lot width for the end units is 37.5 feet.
***Accessory buildings/structures shall be placed a minimum of five feet from any property line, the main dwelling, or any other accessory building/structure. If easements are present, placement of the accessory building/structure shall also be in accordance with the restrictions of the easement.
 
   8.   Special Requirements. For townhouses, condominiums, and duplexes only, the following apply to all new construction of these residential types.
      A.   Each unit is separated by a two-hour fire rated wall from the lowest level and continuing through the roof structure.
      B.   Each unit shall be serviced by separate local utilities.
      C.   When each unit is in separate ownership, the accompanying lot shall not be in common ownership with any other unit.
      D.   No more than four units shall be connected in this district.
(Ord. 729 - Dec. 22 Supp)

165B.14 RG20: GENERAL RESIDENTIAL DISTRICT.

   1.   Intent. This district is intended to provide for no more than four-unit dwellings and compatible office buildings, characterized by lots ranging in size from 2,000 to 5,000 square feet of area.
   2.   Compatible Land Use Categories. The following land use categories identified in Section 165B.09 of this Zoning Code. Specific uses within the land use categories may be allowed as a permitted use, conditional use, and temporary use, or not permitted. Refer to Section 165B.09 to determine the level allowed.
      A.   Residential Living
      B.   Residential/Commercial Institutions
      C.   Community Services/Civic Uses
      D.   Treatment, Rehabilitation, and Incarceration Facilities
      E.   Public Parks and Open Space
      F.   Recreational Commercial
      G.   Warehousing and Storage
      H.   Accessory Uses
   3.   Permitted Uses. Permitted uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the district.
   4.   Conditional Uses. Conditional uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the RG20 District as heard and approved by the Board of Adjustment.
   5.   Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 165A.30.
   6.   Accessory Uses and Structures. Refer to the definitions of accessory uses and structures, as well as Table 165B.09 and sections within Chapter 165A for more detail.
   7.   Height and Lot Requirements. The height and minimum lot requirements shall be as follows:
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Street Side Yard
Maximum Height
Maximum Building Coverage
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Street Side Yard
Maximum Height
Maximum Building Coverage
Single-family detached
5,000 sq. ft.
40 feet
15 feet
10 feet
5 feet
15 feet
45 feet
50 percent
Single-family attached (2 units only) (zero lot line)
2,500 sq. ft. per unit
25 feet per unit
15 feet
10 feet
5 feet*
15 feet
45 feet
50 percent
Two-family dwelling
5,000 sq. ft.
40 feet
15 feet
10 feet
5 feet
15 feet
45 feet
50 percent
Condominium (more than 2 units) (zero lot line)
2,500 sq. ft. **
25 feet per unit
15 feet
10 feet
5 feet*
15 feet
45 feet
50 percent
Townhouse (more than 2 units)
2,500 sq. ft.**
25 feet per unit
15 feet
10 feet
5 feet*
15 feet
45 feet
50 percent
Multi-family dwelling
2,500 sq. ft. per unit
40 feet
15 feet
10 feet
5 feet
15 feet
45 feet
50 percent
Other permitted uses
2,000 sq. ft.
40 feet
15 feet
10 feet
5 feet
15 feet
45 feet
50 percent
Other conditional uses
2,000 sq. ft.
40 feet
15 feet
10 feet
5 feet
15 feet
45 feet
50 percent
Accessory buildings
--
--
25 feet
5 feet***
5 feet***
15 feet
15 feet
30percent
*Common wall shall have a zero-lot line setback and shall be located on the property line separating both dwellings.
**The minimum lot area is 2,000 square feet per unit for interior units and the end units shall have a minimum of 4,000 square feet.
*** Accessory buildings/structures shall be placed a minimum of five feet from any property line, the main dwelling, or any other accessory building/structure. If easements are present, placement of the accessory building/structure shall also be in accordance with the restrictions of the easement.
 
   8.   Special Requirements. For townhouses, condominiums and duplexes only, the following apply to all new construction of these residential types.
      A.   Each unit is separated by a two-hour fire rated wall from the lowest level and continuing through the roof structure.
      B.   Each unit shall be serviced by separate facilities.
      C.   When each unit is in separate ownership, the accompanying lot shall not be in common ownership with any other unit.
      D.   No more than four units shall be connected in this district.
(Ord. 729 - Dec. 22 Supp)

165B.15 MF-1 MULTI-FAMILY RESIDENTIAL DISTRICT.

   1.   Intent. This district is intended to provide for densely developed residential developments. In some case, support services such as convenient stores and businesses providing personal services to nearby residents may be appropriate.
   2.   Compatible Land Use Categories. The following land use categories identified in Section 165B.09 of this Zoning Code. Specific uses within the land use categories may be allowed as a permitted use, conditional use, and temporary use, or not permitted. Refer to Section 165B.09 to determine the level allowed.
      A.   Residential Living
      B.   Residential/Commercial Institutions
      C.   Community Services/Civic Uses
      D.   Treatment, Rehabilitation, and Incarceration Facilities
      E.   Public Parks and Open Space
      F.   Recreational Commercial
      G.   Warehousing and Storage
      H.   Accessory Uses
   3.   Permitted Uses. Permitted uses are allowed outright provided the uses and/or structures meet the minimum requirements of the district. See Subsection 7 of this section for specific site review requirements.
   4.   Conditional Uses. Conditional uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the MF-1 District as heard and approved by the Board of Adjustment.
   5.   Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 165A.30.
   6.   Accessory Uses and Structures. Refer to the definitions of accessory uses and structures, as well as Table 165B.09 and sections within Chapter 165A for more detail.
   7.   Height and Lot Requirements. The height and minimum lot requirements shall be as follows:
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Street Side Yard
Maximum Height
Maximum Building Coverage
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Street Side Yard
Maximum Height
Maximum Building Coverage
Multi-family dwellings (Apartments)
Up to 4 units per structure
--
25 feet
15 feet
10 feet**
10 feet**
15 feet
45 feet
75 percent
5 to 8 units per structure
--
25 feet
15 feet
10 feet**
10 feet**
15 feet
45 feet
75 percent
9 to 12 units per structure
--
50 feet
25 feet
10 feet**
10 feet**
25 feet
45 feet
75 percent
13 to 24 units per structure
--
50 feet
25 feet
10 feet**
10 feet**
25 feet
45 feet
75 percent
25 to 37 units per structure
50 feet
25 feet
10 feet**
10 feet**
25 feet
45 feet
75 percent
38 to 50 units per structure
75 feet
25 feet
10 feet**
10 feet**
25 feet
45 feet
75 percent
51 to 72 units per structure
100 feet
30 feet
10 feet**
10 feet**
25 feet
45 feet
75 percent
Condominiums
2 units only
--
25 feet per unit
15 feet
15 feet
10 feet**
15 feet
45 feet
50 percent
3 or 4 units
--
25 feet per unit
15 feet
15 feet
10 feet**
15 feet
45 feet
50 percent
5 to 8 units
--
50 feet
25 feet
15 feet
10 feet**
25 feet
45 feet
75 percent
9 to 24 units
--
50 feet
25 feet
15 feet
10 feet**
25 feet
45 feet
75 percent
Other permitted or conditional uses
10,000 sq. ft.
100 feet
25 feet
25 feet
15 feet
25 feet
45 feet
75 percent
Accessory buildings
--
--
***
5 feet
5 feet
***
18 feet
--
*Common wall shall have a zero-lot line setback and shall be located on the property line separating individual dwelling units.
**When a structure exceeds two stories the setback shall be increased by an additional 1 foot for every 2 feet of height above 35 feet.
***The front yard setback and street side yard setback shall match the setbacks for the principal structure.
 
   8.   Special Development Requirements.
      A.   Development Concepts and Standards.
         (1)   Prior to the development of any multi-family residential development with more than four dwelling units commences, the developer or developer's representative shall be required to go through a development review process with the appointed Development Review Committee.
         (2)   The development review process shall include the following steps:
            a.   Present and discuss the basic concept with City staff and the Development Review Committee to identify any possible concerns/issues and worked through these prior to preparing costly engineering drawings.
            b.   Upon completion of the initial meeting, the proper concepts shall be put into a Master Plan identifying:
               Location, size, height, and use of all proposed structures and proposed yards on each lot
               Proposed building elevations
               All points of ingress and egress, driveways, circulation aisles, parking lots, parking spaces, and service areas
               All streets adjoining subject property with the width of the rights-of-way
               Landscaping
               Location of all proposed screening
               Location of all existing natural features such as ponds, tree clusters, and rock outcroppings
               Lighting
               Phasing of the project
               Parks
               Common areas
               Accessory structures including garages
               Detention/retention cells
               Utility extensions
               Contours at intervals of two feet or spot elevations on a 100-foot grid shall be required on flat lands
         (3)   Once the Master Plan has been reviewed and approved by the Development Review Committee, any unplatted property or replats will need to follow the prescribed procedures in the Subdivision Regulations.
         (4)   Design criteria for developments in the MF-1 District. Structures containing more than four units shall comply to the following guidelines:
            a.   All structures shall be similar in design, character, and color and material palettes.
            b.   Color palette shall be similar to the nearby neighborhoods unless specific design schematics are approved by the Development Review Committee.
            c.   Decorative masonry materials shall be utilized on a minimum of 10 percent of the façades on structures.
            d.   Creativity is encouraged; therefore, other types of materials and colors may be approved by the Development Review Committee.
      B.   Condominiums. The following apply to all new construction of these residential types.
         (1)   Each unit shall be fire separated as per local codes.
         (2)   Each unit shall be serviced by separate utilities.
         (3)   All common areas shall be fire separated from other areas as required by local building codes.
         (4)   Landscaping: 90 percent of all required yard setbacks and buffer yards.
         (5)   Parking lot landscaping: one tree per 18 parking spaces.
         (6)   Fencing requirements in this section supersede Section 165D.04 and require the following.
         (7)   Up to four feet in height allowed in front yard.
         (8)   Up to eight feet in other yards.
         (9)   Fences may be required with buffer yards or outdoor screening.
         (10)   Condominiums with two or more stories shall have a minimum 15 foot buffer yard between the structures and any other residential district; this is beyond the setback on any given required yard.
      C.   Multi-Family Dwellings (Apartments). The following apply to all new construction of these residential types.
         (1)   Each unit shall contain fire separation as required by local codes.
         (2)   Each structure shall be serviced by separate utilities unless different style has been approved by the design committee.
         (3)   All common areas shall be fire separated as required by local codes.
         (4)   Landscaping: 90 percent of all required yard setbacks and buffer yards.
         (5)   Parking lot landscaping: one tree per 18 parking spaces
         (6)   Fencing requirements in this section supersede Section 165D.04 and require the following:
            a.   Up to four feet in height allowed in front yard.
            b.   Up to eight feet in other yards.
            c.   Fences may be required with buffer yards or outdoor screening.
         (7)   Multi-family dwellings with two or more stories shall have a minimum 30-foot buffer yard between the structures and any other residential district; this is beyond the setback on any given required yard.
      D.   Other Permitted or Conditional Uses (Neighborhood Commercial). The following apply to all new construction of these residential types.
         (1)   Said uses shall be located only at intersections of collector and arterial streets.
         (2)   Said uses shall supply goods and services to the general vicinity.
         (3)   All new commercial facades/designs shall complement the building materials of the residential uses in close proximity.
         (4)   Commercial uses shall have a minimum 30-foot buffer yard between the structures and any other residential district; this is beyond the setback on any given required yard.
         (5)   Parking requirements shall meet the standards found in Sections 165C.13 through 165C.18 of this Zoning Code.
         (6)   Landscaping: 90 percent of all required yard setbacks and buffer yards.
         (7)   Parking lot landscaping: one tree per six parking spaces.
         (8)   All accessory uses, especially garbage areas may be required to be screened with materials similar to those used in the construction of the principal use.
(Ord. 729 - Dec. 22 Supp)

165B.16 M: MANUFACTURED HOME RESIDENTIAL DISTRICT.

   1.   Intent. This district recognizes that dwellings known as mobile homes (pre-1976), manufactured homes (post-1976) and tiny home/house development, properly planned, can provide important opportunities for affordable housing, characterized by lots not less than two (2) acres of area for the development. It provides opportunities for mobile home, manufactured home and tiny home/house development within planned parks or subdivisions, along with the supporting services necessary to create quality residential neighborhoods.
   2.   Compatible Land Use Categories. The following land use categories identified in Section 165B.09 of this Zoning Code. Specific land uses within the use categories may be allowed as a permitted use, conditional use, and temporary use, or not permitted. Refer to Section 165B.09 to determine the level allowed.
      A.   Residential Living
      B.   Residential /Commercial Institutions
      C.   Treatment, Rehabilitation, and Incarceration Facilities
      D.   Public Park and Open Space
      E.   Recreational Commercial
      F.   Warehouse and Storage
      G.   Accessory Uses
   3.   Permitted Uses. Permitted uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the district.
   4.   Conditional Uses. The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the M District as heard and approved by the Board of Adjustment.
   5.   Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 165A.30.
   6.   Accessory Uses and Structures. Refer to the definitions of accessory uses and structures, as well as Table 165B.09 and sections within Chapter 165A for more detail.
   7.   Special Design Criteria for this District.
      A.   A mobile/manufactured home or tiny home/house development shall have a lot area of not less than two acres. No mobile homes, manufactured homes, and tiny home/house, or other structures shall be located less than 65 feet from the road centerline when contiguous to or having frontage to a County Road or 25 feet when contiguous from a State Highway. The setback on all other court property lines shall be 10 feet. These areas shall be landscaped. The minimum lot depth in a mobile home court shall be 200 feet.
      B.   Each lot provided for occupancy of a single mobile, manufactured home or tiny home/house dwelling shall have an area of not less than 4,000 square feet, excluding road right-of-way, and a width of not less than 40 feet. Each individual lot shall have:
         (1)   Side yard setback shall not be less than five feet, except that on corner lots, the setback for all buildings shall be a minimum of 25 feet on the side abutting a street/road.
         (2)   Front yard setback shall not be less than 25 feet.
         (3)   Rear yard of not less than 25 feet.
      C.   There shall be a minimum livable floor area of 640 square feet in each mobile home. A tiny home/house shall be no bigger than 400 square feet.
      D.   Height of buildings shall be:
         (1)   Maximum height for principal uses shall be 30 feet.
         (2)   Maximum height for accessory uses shall be 15 feet.
      E.   Each lot shall have access to a hard surfaced drive not less than 24 feet in width, excluding parking.
      F.   Community water and community sewage disposal facilities shall be provided with connections to each lot, in accordance with design standards for the City. The water supply shall be sufficient for domestic use and for fire protection.
      G.   Service buildings including adequate laundry and drying facilities.
      H.   Storm shelters shall be required and shall meet the following criteria:
         (1)   Shelter space equivalent to two persons per mobile home lot.
         (2)   Designed in conformance with National Performance Criteria for Tornado Shelters by the Federal Emergency Management Agency (FEMA) and any other referenced material by FEMA.
         (3)   Shelters shall be sited in order to provide maximum protection to park occupants and so that residents may reach a shelter within the maximum safe time frame as directed by FEMA.
      I.   All pad locations shall be hard surfaced with properly reinforced poured in place concrete.
      J.   Not less than 10 percent of the total court area shall be designated and used for park, playground and recreational purposes.
      K.   Each mobile home dwelling, manufactured home dwelling or tiny home/house shall be provided with a paved patio or equivalent, other than parking spaces, of not less than 150 square feet.
      L.   The use of propane tanks for utility heating is prohibited in the Mobile Zoned District, unless mounted and secured within the framework of the occupiable space.
   8.   Special Requirements. All lots must be platted in accordance with the Subdivision Regulations of the City and shall also contain the following information:
      A.   A complete plan of the mobile home, manufactured home, and tiny home/house development shall be submitted showing:
         (1)   A development plan and grading plan of the court.
         (2)   The area and dimensions of the tract of land.
         (3)   The number, location, and size of all mobile home, manufactured home, and tiny home/house spaces.
         (4)   The area and dimensions of the park, playground and recreation areas.
         (5)   The location and width of roadways and walkways.
         (6)   The location of service buildings and any other proposed structures.
         (7)   The location of water and sewer lines and sewage disposal facilities.
      B.   Plans and specifications of all buildings and other improvements constructed or to be constructed within the manufactured home court.
(Ord. 729 - Dec. 22 Supp)

165B.17 BG: GENERAL BUSINESS DISTRICT.

   1.   Intent. This district is designed to provide for a wide range of retail and service establishments.
   2.   Compatible Use Categories. The following are use categories identified in Section 165B.09 of this Zoning Code. Specific uses within the use categories may be allowed as a permitted use, conditional use, and temporary use, or not permitted. Refer to Section 165B.09 to determine the level allowed.
      A.   Cultural services
      B.   Community services/civic uses
      C.   Day-care, public and private schools
      D.   Public parks and open space
      E.   Public and private utilities
      F.   Animal care
      G.   Business and household services
      H.   Financial services
      I.   Food and beverage services
      J.   Retail services
      K.   Special commercial
      L.   Medical offices
      M.   General office uses
      N.   Recreational commercial
   3.   Permitted Uses. Permitted uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the district.
   4.   Conditional Uses. The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the BG District as heard and approved by the Board of Adjustment.
   5.   Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 165A.30.
   6.   Accessory Uses and Structures. Refer to the definitions of accessory uses and structures, as well as Table 165B.09 and sections within Chapter 165A for more detail.
   7.   Height and Lot Requirements. The height and minimum lot requirements shall be as follows unless otherwise noted:
 
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Maximum Height
Maximum Building Coverage
Permitted uses
--
--
--
10 feet
*
45 feet
90 percent
Conditional uses
--
--
--
10 feet
*
45 feet
90 percent
Accessory buildings
--
--
--
5 feet
*
20 feet
__
*The side yard setback is five feet when abutting any district requiring a side yard.
   8.   Use Limitations.
      A.   When adjacent to any residential district, no parking, drives, or signs shall be allowed in the required front yard within 15 feet of such residential district.
      B.   When adjacent to any residential district, new construction shall provide permanent screen with a height of 80 inches if a fence, in order to minimize impacts on residentially zoned property, pursuant to Section 165D.04.
      C.   No outdoor storage shall be permitted unless other provisions of this Code of Ordinances allow for this condition.
      D.   Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
      E.   Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light on any property located in a residential or mobile home district.
      F.   All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building, unless screened from the residential district by a sight-obscuring fence permanently maintained at least six feet in height.
      G.   Openings to structures on sides adjacent to or across the street from a residential district shall be prohibited if such access or openings will cause glare, excessive noise or other adverse effects on residential properties.
      H.   Motor vehicle, boat, or trailer rental or sales lots shall be drained and surfaced with pavement, except in those portions of the lot maintained as landscape area.
      I.   Off-street parking and loading shall be provided for all uses established in this district.
      J.   No display of merchandise shall be allowed on public rights-of-way.
      K.   Any firearm and ammunition sales shall require a permit for the Bureau of Alcohol, Tobacco, and Firearms, or its successor agency.

165B.18 BGC: CENTRAL GENERAL BUSINESS DISTRICT.

   1.   Intent. This district is intended to provide a general business district which will take into account the special characteristics of the Central Business District of the City.
   2.   Compatible Use Categories. The following are use categories identified in Section 165B.09 of this Zoning Code. Specific uses within the use categories may be allowed as a permitted use, conditional use, and temporary use, or not permitted. Refer to Section 165B.09 to determine the level allowed.
      A.   Cultural services
      B.   Community services/civic uses
      C.   Day-care, public and private schools
      D.   Public parks and open space
      E.   Public and private utilities
      F.   Animal care
      G.   Business and household services
      H.   Financial services
      I.   Food and beverage services
      J.   Retail services
      K.   Special commercial
      L.   Medical offices
      M.   General office uses
      N.   Recreational commercial
   3.   Permitted Uses. Permitted uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the district.
   4.   Conditional Uses. The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the BGC District as heard and approved by the Board of Adjustment.
   5.   Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 165A.30.
   6.   Accessory Uses and Structures. Refer to the definitions of accessory uses and structures, as well as Table 165B.09 and sections within Chapter 165A for more detail.
   7.   Height and Lot Requirements. The height and minimum lot requirements shall be as follows unless otherwise noted:
 
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Maximum Height
Maximum Building Coverage
Permitted uses
--
--
--
--
--
35 feet
100 percent
Conditional uses
--
--
--
--
--
35 feet
100 percent
Accessory buildings
--
--
--
--
--
20 feet
--
*The maximum height of any use shall be decreased to 35 feet when located within 100 feet of any residential district.
   8.   Use Limitations.
      A.   When adjacent to any residential district, no parking, drives, or signs shall be allowed in the required front yard within 15 feet of such residential district.
      B.   When adjacent to any residential district, new construction shall provide permanent screen with a height of 80 inches if a fence, in order to minimize impacts on residentially zoned property, pursuant to Section 165D.04.
      C.   No outdoor storage shall be permitted unless other provisions of this Code of Ordinances allow for this condition.
      D.   Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
      E.   When adjacent to an alley, the width of the alley shall be included in computing the minimum rear yard setback.
      F.   Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light on any property located in a residential or mobile home district.
      G.   All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building, unless screened from the residential district by a sight-obscuring fence permanently maintained at least six feet in height.
      H.   Openings to structures on sides adjacent to or across the street from a residential district shall be prohibited if such access or openings will cause glare, excessive noise or other adverse effects on residential properties.
      I.   Motor vehicle, boat, or trailer rental or sales lots shall be drained and surfaced with crushed rock or pavement, except in those portions of the lot maintained as landscape area.
      J.   No display of merchandise shall be allowed on public rights-of-way.
      K.   Any firearm and ammunition sales shall require a permit for the Bureau of Alcohol, Tobacco, and Firearms, or its successor agency.

165B.19 BN: NEIGHBORHOOD BUSINESS DISTRICT.

   1.   Intent. This district is intended to provide for limited commercial uses serving the common and frequent needs of the residents of the immediate vicinity.
   2.   Compatible Use Categories. The following are use categories identified in Section 165B.09 of this ac. Specific uses within the use categories may be allowed as a permitted use, conditional use, and temporary use, or not permitted. Refer to Section 165B.09 to determine the level allowed.
      A.   Cultural services
      B.   Community services/civic uses
      C.   Day-care, public and private schools
      D.   Public parks and open space
      E.   Public and private utilities
      F.   Animal care
      G.   Business and household services
      H.   Financial services
      I.   Food and beverage services
      J.   Retail services
      K.   Special commercial
      L.   Medical offices
      M.   General office uses
      N.   Recreational commercial
   3.   Permitted Uses. Permitted uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the district.
   4.   Conditional Uses. The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the BN District as heard and approved by the Board of Adjustment.
   5.   Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 165A.30.
   6.   Accessory Uses and Structures. Refer to the definitions of accessory uses and structures, as well as Table 165B.09 and sections within Chapter 165A for more detail.
   7.   Height and Lot Requirements. The height and minimum lot requirements shall be as follows:
 
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Maximum Height
Street Side Yard
Maximum Building Coverage
Permitted uses
6,000 sq. ft.
50 feet
25 feet
25 feet
5 feet
25 feet
25 feet
70 percent
Conditional uses
6,000 sq. ft.
50 feet
25 feet
25 feet
5 feet
25 feet
25 feet
70 percent
Accessory buildings
--
--
25 feet
25 feet
5 feet
--
25 feet
--
 
   8.   Use Limitations.
      A.   When adjacent to any residential district, no parking, drives, or signs shall be allowed in the required front yard within 15 feet of such residential district.
      B.   When adjacent to any residential district, new construction shall provide permanent screen with a height of 80 inches if a fence, in order to minimize impacts on residentially zoned property, pursuant to Section 165D.04 .
      C.   No outdoor storage shall be permitted unless other provisions of this Code of Ordinances allow for this condition.
      D.   Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and/or district and so that no glare is visible to any traffic on any public street.
      E.   All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building, unless screened from the residential district by a sight-obscuring fence permanently maintained at least six feet in height.
      F.   Openings to structures on sides adjacent to or across the street from a residential district shall be prohibited if such access or openings will cause glare, excessive noise or other adverse effects on residential properties.
      G.   Off-street parking and loading shall be provided for all uses established in this district.
      H.   Any firearm and ammunition sales shall require a permit for the Bureau of Alcohol, Tobacco, and Firearms, or its successor agency.

165B.20 HSB: HIGHWAY SERVICE BUSINESS DISTRICT.

   1.   Intent. This district is intended to provide for effective use of land situated in relationship to major highways and highway interchanges so efficient grouping of activities can develop to serve the traveling public. Front yard requirements are designed to provide for the safety of the traveling public by provision for adequate off-highway maneuvering and parking space.
   2.   Compatible Use Categories. The following are use categories identified in Section 165B.09 of this Zoning Code. Specific uses within the use categories may be allowed as a permitted use, conditional use, and temporary use, or not permitted. Refer to Section 165B.09 to determine the level allowed.
      A.   Cultural Services
      B.   Community services/civic uses
      C.   Day-care, public and private schools
      D.   Public parks and open space
      E.   Public and private utilities
      F.   Animal care
      G.   Business and household services
      H.   Financial services
      I.   Food and beverage services
      J.   Retail services
      K.   Special commercial
      L.   Medical offices
      M.   General office uses
      N.   Recreational commercial
   3.   Permitted Uses. Permitted uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the district. Uses with specific basic conditions required:
      A.   Restaurants and other eating establishments, provided that no such establishment shall have more than 50 percent of the gross receipts derived from the sale of liquor, mixed drinks, beer, or other intoxicating beverages.
      B.   Taverns, bars, cocktail lounges, and similar uses which require licensing for the dispensing of beverages shall be permitted only when located in the same building as a restaurant in the overall design of a motel or hotel when such tavern, bar or cocktail lounge is less than 10 percent of the floor area of the facility and is not located on the front or highway side of the facility.
   4.   Conditional Uses. The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the HSB District as heard and approved by the Board of Adjustment.
   5.   Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 165A.30.
   6.   Accessory Uses and Structures. Refer to the definitions of accessory uses and structures, as well as Table 165B.09 and sections within Chapter 165A for more detail.
   7.   Height and Lot Requirements. The height and minimum lot requirements shall be as follows unless otherwise noted:
 
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Maximum Height
Street Side Yard
Maximum Building Coverage
Permitted uses
10,000 sq. ft.
75 feet
25 feet*
--
--
--
55 feet**
40 percent
Conditional uses
10,000 sq. ft.
75 feet
25 feet*
--
--
--
55 feet**
40 percent
Accessory buildings
--
--
25 feet*
--
--
--
20 feet
--
*No building shall be located closer than 25 feet from a street or highway right-of-way, except that one identification sign or decorative pylon sign may be placed at a property line or within the required yard space.
**The maximum height of any use shall be decreased to 35 feet when located within 100 feet of any residential district.
 
   8.   Use Limitations.
      A.   When adjacent to any residential district, no parking, drives, or signs shall be allowed in the required front yard within 15 feet of such residential district.
      B.   When adjacent to any residential district, new construction shall provide permanent screen with a height of 80 inches if a fence, in order to minimize impacts on residentially zoned property, pursuant to Section 165D.04 .
      C.   No outdoor storage shall be permitted unless other provisions of this Code of Ordinances allow for this condition.
      D.   Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
      E.   When adjacent to an alley, the width of the alley shall be included in computing the minimum rear yard setback.
      F.   Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light on any property located in a residential or mobile home district.
      G.   All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building, unless screened from the residential district by a sight-obscuring fence permanently maintained at least six feet in height.
      H.   Openings to structures on sides adjacent to or across the street from a residential district shall be prohibited if such access or openings will cause glare, excessive noise or other adverse effects on residential properties.
      I.   Motor vehicle, boat, or trailer rental or sales lots shall be drained and surfaced with crushed rock or pavement, except in those portions of the lot maintained as landscape area.
      J.   No display of merchandise shall be allowed on public rights-of-way.
      K.   Any firearm and ammunition sales shall require a permit for the Bureau of Alcohol, Tobacco, and Firearms, or its successor agency.

165B.21 BGH HEAVY GENERAL BUSINESS DISTRICT.

   1.   Intent. This district is intended to provide for the widest range of retail and service establishments short of including industrial/manufacturing uses.
   2.   Compatible Use Categories. The following are use categories identified in Section 165B.09 of this Zoning Code. Specific uses within the use categories may be allowed as a permitted use, conditional use, and temporary use, or not permitted. Refer to Section 165B.09 to determine the level allowed.
      A.   Cultural services
      B.   Community services/civic uses
      C.   Day-care, public and private schools
      D.   Public parks and open space
      E.   Public and private utilities
      F.   Animal care
      G.   Business and household services
      H.   Financial services
      I.   Food and beverage services
      J.   Retail services
      K.   Special commercial
      L.   Medical offices
      M.   General office uses
      N.   Recreational commercial
   3.   Permitted Uses. Permitted uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the district.
   4.   Conditional Uses. The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the BGH District as heard and approved by the Board of Adjustment.
   5.   Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 165A.30.
   6.   Accessory Uses and Structures. Refer to the definitions of accessory uses and structures, as well as Table 165B.09 and sections within Chapter 165A for more detail.
   7.   Height and Lot Requirements. The height and minimum lot requirements shall be as follows unless otherwise noted:
 
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Maximum Height
Street Side Yard
Maximum Building Coverage
Permitted uses
--
--
--
--
--
--
45 feet**
90 percent
Conditional uses
--
--
--
--
--
--
45 feet**
90 percent
Accessory buildings
--
--
--
--
--
--
20 feet
--
* No building shall be located closer than 25 feet from a street or highway right-of-way, except that one identification sign or decorative pylon sign may be placed at a property line or within the required yard space.
**The maximum height of any use shall be decreased to 35 feet when located within 100 feet of any residential district.
 
   8.   Use Limitations.
      A.   When adjacent to any residential district, no parking, drives or signs shall be allowed in the required front yard within 15 feet of such residential district.
      B.   When adjacent to any residential district, new construction shall provide permanent screen with a height of 80 inches if a fence, in order to minimize impacts on residentially zoned property, pursuant to Section 165D.04 .
      C.   No outdoor storage, except the display of merchandise for sale to the public, shall be permitted.
      D.   Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
      E.   When adjacent to an alley, the width of the alley shall be included in computing the minimum rear yard setback.
      F.   Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light on any property located in a residential or mobile home district.
      G.   All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building, unless screened from the residential district by a sight-obscuring fence permanently maintained at least six feet in height.
      H.   Openings to structures on sides adjacent to or across the street from a residential district shall be prohibited if such access or openings will cause glare, excessive noise or other adverse effects on residential properties.
      I.   Motor vehicle, boat, or trailer rental or sales lots shall be drained and surfaced with crushed rock or pavement, except in those portions of the lot maintained as landscape area.
      J.   No display of merchandise shall be allowed on public rights-of-way.
      K.   Any firearm and ammunition sales shall require a permit for the Bureau of Alcohol, Tobacco, and Firearms, or its successor agency.

165B.22 ML: LIGHT MANUFACTURING DISTRICT.

   1.   Intent. This district is intended to provide for a wide range of commercial and industrial uses, all of which shall be able to meet specifications for nuisance free performance. The district specifically excludes residences.
   2.   Compatible Use Categories. The following are use categories identified in Section 165B.09 of this Zoning Code. Specific uses within the use categories may be allowed as a permitted use, conditional use, and temporary use, or not permitted. Refer to Section 165B.09 to determine the level allowed.
      A.   Agriculture and horticulture uses
      B.   Agricultural sales and service
      C.   Cultural services
      D.   Community services/civic uses
      E.   Day-care, public and private schools
      F.   Public parks and open space
      G.   Public and private utilities
      H.   Animal care
      I.   Business and household services
      J.   Food and beverage services
      K.   Special commercial
      L.   Recreational commercial
      M.   Auto services
      N.   Warehousing and storage
      O.   Contractors, contractor yards, storage and supply
      P.   Food processing and manufacturing
      Q.   Metal processing, stamping
      R.   Wood products manufacturing
   3.   Permitted Uses. Permitted uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the district.
   4.   Conditional Uses. The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the ML District as heard and approved by the Board of Adjustment. Uses with specific basic conditions required:
      A.   Production, manufacturing, assembly, processing, or transportation of goods and materials, except:
         (1)   The refining, distillation, or manufacture of \acids or alcohols, chemicals, petroleum products, cement, lime, gypsum, or plaster of Paris or fertilizer.
         (2)   The operation of blast furnaces, coke ovens, smelting or ore reduction works, boiler works, forges, rolling mills, or yeast plants.
         (3)   Production, manufacture, processing, or transportation of toxic, radioactive, flammable, or explosive materials.
         (4)   Tanning, curing, or storage of raw hides or skins; stockyards or slaughter of animals or fowl rendering fat; distillation of bones, coals, or wood.
         (5)   Dumping or reduction of garbage, offal, or dead animals.
         (6)   Mining, quarrying, stone willing, or rock crushing.
         (7)   Extraction of sand, gravel, or soil.
   5.   Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 165A.30.
   6.   Accessory Uses and Structures. Refer to the definitions of accessory uses and structures, as well as Table 165B.09 and sections within Chapter 165A for more detail.
   7.   Height and Lot Requirements. The height and minimum lot requirements shall be as follows unless otherwise noted:
 
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Maximum Height
Street Side Yard
Maximum Building Coverage
Permitted uses
10,000 sq. ft.
50 feet
20 feet
--
--
70 feet
10 feet
75 percent
Conditional uses
10,000 sq. ft.
50 feet
20 feet
--
--
70 feet
10 feet
75 percent
Accessory buildings
--
--
20 feet
--
--
20 feet
10 feet
--
 
   8.   Use Limitations.
      A.   When adjacent to any residential district, no parking, drives, or signs shall be allowed in the required front yard within 15 feet of such residential district.
      B.   When adjacent to any residential district, new construction shall provide permanent screen with a height of 80 inches if a fence, in order to minimize impacts on residentially zoned property, pursuant to Section 165D.04 .
      C.   No outdoor storage, except the display of merchandise for sale to the public, shall be permitted.
      D.   Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
      E.   When adjacent to an alley, the width of the alley shall be included in computing the minimum rear yard setback.
      F.   Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light on any property located in a residential or mobile home district.
      G.   All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building, unless screened from the residential district by a sight-obscuring fence permanently maintained at least six feet in height.
      H.   Openings to structures on sides adjacent to or across the street from a residential district shall be prohibited if such access or openings will cause glare, excessive noise or other adverse effects on residential properties.
      I.   Motor vehicle, boat, or trailer rental or sales lots shall be drained and surfaced with crushed rock or pavement, except in those portions of the lot maintained as landscape area.
      J.   No display of merchandise shall be allowed on public rights-of-way.
      K.   Any firearm and ammunition sales shall require a permit for the Bureau of Alcohol, Tobacco, and Firearms, or its       successor agency.
   9.   Performance Standards. See Section 165D.05 of this Zoning Code.

165B.23 MH: INDUSTRIAL DISTRICT.

   1.   Intent. This district is intended to provide the widest range of industrial uses permitted in the community. It is the district for location of those uses which have not reached a technical stage in processing which renders them free of nuisance factors or where economics precludes construction and operation in a nuisance free manner.
   2.   Adult Entertainment Facilities. Adult entertainment facilities are included in this Zoning District. The intent of this Zoning Code in including these uses in this district is not to prohibit these uses but to regulate the secondary effects of these uses within the community.
   3.   Compatible Use Categories. The following are use categories identified in Section 165B.09 of this Zoning Code. Specific uses within the use categories may be allowed as a permitted use, conditional use, and temporary use, or not permitted. Refer to Section 165B.09 to determine the level allowed.
      A.   Adult Uses
      B.   Agriculture and Horticulture Uses
      C.   Agricultural Sales and Service
      D.   Public and Private Utilities
      E.   Business and Household Services
      F.   Food and Beverage Services
      G.   Recreational Commercial
      H.   Auto Services
      I.   Warehousing and Storage
      J.   Contractors, Contractor Yards, Storage and Supply
      K.   Large Contracting/Materials Manufacturing
      L.   Food Processing and Manufacturing
      M.   Mining and Excavation
      N.   Metal Processing, Stamping
      O.   Wood Products Manufacturing
      P.   General Manufacturing (High Hazard)
   4.   Permitted Uses. Permitted uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the district.
   5.   Conditional Uses. The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the MH District as heard and approved by the Board of Adjustment.
   6.   Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 165A.32.
   7.   Accessory Uses and Structures. Refer to the definitions of accessory uses and structures, as well as Table 165B.09 and sections within Chapter 165A for more detail.
   8.   Height and Lot Requirements. The height and minimum lot requirements shall be as follows unless otherwise noted:
 
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Street Side Yard
Maximum Height
Maximum Building Coverage
Permitted uses
10,000 sq. ft.
50 feet
20 feet
--
--
10 feet
70 feet
50 percent
Conditional uses
10,000 sq. ft.
50 feet
20 feet
--
--
10 feet
70 feet
50 percent
Accessory buildings
--
--
20 feet
--
--
10 feet
20 feet
--
 
   9.   Use Limitations.
      A.   When adjacent to any residential district, no parking, drives, or signs shall be allowed in the required front yard within 15 feet of such residential district.
      B.   When adjacent to any residential district, new construction shall provide permanent screen with a height of 80 inches if a fence, in order to minimize impacts on residentially zoned property, pursuant to Section 165D.04.
      C.   No outdoor storage, except the display of merchandise for sale to the public, shall be permitted.
      D.   Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
      E.   When adjacent to an alley, the width of the alley shall be included in computing the minimum rear yard setback.
      F.   Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light on any property located in a residential or mobile home district.
      G.   All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building, unless screened from the residential district by a sight-obscuring fence permanently maintained at least six feet in height.
      H.   Openings to structures on sides adjacent to or across the street from a residential district shall be prohibited if such access or openings will cause glare, excessive noise or other adverse effects on residential properties.
      I.   Motor vehicle, boat, or trailer rental or sales lots shall be drained and surfaced with crushed rock or pavement, except in those portions of the lot maintained as landscape area.
      J.   No display of merchandise shall be allowed on public rights-of-way.
      K.   Any firearm and ammunition sales shall require a permit for the Bureau of Alcohol, Tobacco, and Firearms, or its successor agency.
10.   Performance Standards. See Section 165D.05 of this Zoning Code.

165B.24 MLG: INDUSTRIAL DISTRICT.

   1.   Intent. This district is intended strictly for uses focused on promoting the maximum economic impact for the City and State. The area designated as MLG was created using monies from the State of Iowa’s RISE program, as outlined in 163.2 (315) of the Iowa Administrative Code. All proposed developments within this zoning district shall first be approved by the Iowa Department of Transportation as being appropriate to the RISE funding. The City also desires to focus on uses that develop green products and/or implements green infrastructure and techniques into the constructed structures.
   2.   Compatible Use Categories. The following are use categories identified in Section 165B.09 of this Zoning Code. Specific uses within the use categories may be allowed as a permitted use, conditional use, and temporary use, or not permitted. Refer to Section 165B.09 to determine the level allowed. Most uses shall be focused on light manufacturing with limited exhaust, noise, and odor emissions.
      A.   Public and private utilities and communications
      B.   Warehousing and storage
      C.   Food processing and manufacturing
      D.   Metal processing, stamping
      E.   Wood products manufacturing
   3.   Permitted Uses. Permitted uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the district.
   4.   Conditional Uses. The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the MH District as heard and approved by the Board of Adjustment.
   5.   Temporary Uses. Temporary uses may be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 165A.30.
   6.   Accessory Uses and Structures. Refer to the definitions of accessory uses and structures, as well as Table 165B.09 and sections within Chapter 165A for more detail.
   7.   Prohibited Uses. Due to the requirements of the Iowa RISE program the following uses are expressly prohibited in this zoning district.
      A.   Residential uses
      B.   Local governmental facilities
      C.   Local public schools
      D.   Locally oriented business services
      E.   Personal services
   8.   Height and Lot Requirements. The height and minimum lot requirements shall be as follows unless otherwise noted:
 
Use
Lot Area
Lot Width
Front Yard
Rear Yard
Side Yard
Street Side Yard
Maximum Height
Maximum Building Coverage
Permitted uses
--
50 feet
20 feet
--
--
10 feet
70 feet
50 percent
Conditional uses
--
50 feet
20 feet
--
--
10 feet
70 feet
50 percent
Accessory buildings
--
--
20 feet
--
--
10 feet
20 feet
--
 
   9.   Use Limitations.
      A.   When adjacent to any residential district, no parking, drives, or signs shall be allowed in the required front yard within 15 feet of such residential district.
      B.   When adjacent to any residential district, new construction shall provide permanent screen with a height of 80 inches if a fence, in order to minimize impacts on residentially zoned property, pursuant to Section 165D.04.
      C.   Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
      D.   Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light on any property located in a residential or mobile home district.
      E.   All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building, unless screened from the residential district by a sight-obscuring fence permanently maintained at least six feet in height.
      F.   Openings to structures on sides adjacent to or across the street from a residential district shall be prohibited if such access or openings will cause glare, excessive noise or other adverse effects on residential properties.
      10.   Performance Standards. See Section 165D.05 of this Zoning Code.

165B.25 PD: PLANNED UNIT DEVELOPMENT DISTRICT.

   1.   Intent. The Planned Unit Development District (PD) is to encourage the creative design of new living and retail areas, as distinguished from subdivisions of standard lot sizes, in order to permit such creative design in buildings, open space, while promoting the health, safety, and general welfare of existing and future residents of surrounding neighborhoods. When a PD District is requested, it will require a change of zone with the PD being attached to the primary district. Once the rezoning is approved, the allowed uses and standards herein shall modify the minimum requirements of the underlying district.
   2.   Permitted Uses. The following uses are permitted in the Planned Unit Development District, provided the requirements of this chapter are met.
      A.   All uses allowed as permitted in the primary district.
   3.   Conditional Uses. The following uses may be allowed through the approval of a conditional use permit, as established by this Zoning Code, provided all noted, as well as any special conditions required by the City Council are met.
      A.   All uses allowed as a conditional use in the primary district.
   4.   Temporary Uses. The following temporary uses shall be permitted provided a temporary use permit is obtained and said temporary use is eliminated at the expiration of the permit.
      A.   All uses allowed as a temporary use in the primary district.
   5.   Accessory Uses and Structures. All accessory uses allowed within the primary district.
   6.   Supplemental Requirements.
      A.   The Planning and Zoning Commission, in its minutes, shall set forth its reasons for recommendation of approval or denial of the application for a PD plan approval, along with specific evidence and facts showing that the proposal meets or does not meet the following conditions.
         (1)   Said PD shall be in general conformity with the provisions of the Sergeant Bluff Comprehensive Plan.
         (2)   Said PD shall not have a substantially adverse effect on the development of the neighboring area.
         (3)   The minimum size allowed for a PD District by type of use shall be as follows:
            a.   Residential (only), three acres.
            b.   Residential - Commercial (combination), five acres.
         (4)   Height, bulk, and yard requirements shall be reflected on the Development Plan and shall promote an efficient and creative use of land.
      B.   Use Limitations. In a PD no building, structure, land, or premises shall be used, and no building shall be erected, constructed, or altered, except for any use permitted in this district. All uses must be approved as shown on the Development Plan as specified in this division.
      C.   Standards and Conditions for Development. A development proposed for land classified as the PD district shall be consistent with the following general standards for use of land, and the use, type, bulk, and location of buildings, the density or intensity of use, open space, public facilities, and the Development Plan shall, where applicable, reflect compliance.
         (1)   The applicant shall satisfy the Planning and Zoning Commission and City Council that there is the ability to carry out the proposed plan, including financial assurances and the phasing of the project, and shall prepare and submit a schedule of construction, if necessary. The proposed construction shall begin within a period of 12 months following the approval of the final application by the City Council. A minimum of 50 percent of the total planned construction shown on the final plan shall be completed within a period of three years following such approval or the approval shall expire. If the approval expires under this section, the applicant shall show good cause to the Planning and Zoning Commission to extend the plan approval.
         (2)   The developer shall provide and record easements and covenants, shall make such other arrangements, and shall furnish such performance bonds, escrow deposit, or other financial guarantees for public improvements as may be determined by the City Council to be reasonably required to assure performance in accordance with the Development Plan and to protect the public interest in the event of abandonment of said plan before completion.
         (3)   The site shall be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development. The streets and driveways on the site of the proposed development shall be adequate to serve the residents or occupants of the proposed development.
         (4)   The development shall not impose an undue burden on public services and facilities, such as fire and police protection.
         (5)   The entire tract or parcel of land to be occupied by the PD development shall be held in single ownership or control, or if there are two or more owners, the application for such PD development shall be filed jointly by all owners. This provision may be waived provided that the land contains existing improvements.
         (6)   The location and arrangement of structures, parking areas, walks, lighting, and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a PD development not used for structures, parking and loading areas, or access ways shall be landscaped or otherwise improved as shown on the Development Plan.
         (7)   Off-street parking and loading shall be provided in accordance with the parking and loading regulations of the City of Sergeant Bluff.
         (8)   When a commercial use within a PD District abuts a residential district, the Development Plan shall reflect screening consisting of landscaping and/or fencing provided adjacent to any adjoining residential district; except in the event the adjacent residential use and the commercial use are separated by a street right-of-way.
         (9)   All residential and commercial buildings shall set back not less than 25 feet from the perimeter of the land zoned PD. Additional setback from a heavily traveled thoroughfare may be required, when found reasonable by the Planning and Zoning Commission for protection of health, safety, and general welfare.
         (10)   Building coverage area shall not exceed the following percentages of the net developable area of each individual parcel of the total development:
            a.   Residential: 60 percent maximum.
            b.   Commercial: 50 percent maximum.
NOTE: Building coverage area is the area covered by buildings or structures on each individual lot or parcel (not including impervious improvements such as—and not limited to—walkways, driveways, and patios). The net developable area shall be the area of each parcel and the net of any required yard required under the Development Plan. The Development Plan shall reflect the calculations used to demonstrate compliance with this requirement.
         (11)   A minimum of 20 percent of the net area of that part of a PD development reserved for residential use shall be provided for common areas as defined by this Zoning Code under Subparagraph (16) below. The term “net area” shall be the gross area, measured in square feet, of the Development Plan devoted to residential use less the area dedicated for public streets. Common areas are defined as playgrounds, street medians, landscaped green space, or other similar areas designed to be used by the residents of the development in common with each other. Common areas for the leisure and recreation of development residents shall be owned and maintained in common by them, through a homeowner’s association.
         (12)   The PD District shall include such provisions for the ownership and maintenance of the common areas as are reasonably necessary to insure its continuity, care, conservation, and maintenance, and to insure that remedial measures will be available to the City Council if the common open space is permitted to deteriorate, or is not maintained in a condition consistent with the best interests of the planned unit development or of the entire community. The applicant shall submit any protective covenants and organizational documents of the homeowner’s association with the Development Plan.
         (13)   No residential use shall have direct access onto an arterial street unless approved by the City Council in the Development Plan.
         (14)   Any commercial use must reflect its traffic flow on the Development Plan. All commercial areas must have indirect access via a collector or arterial street; however, no individual commercial use may have direct access onto collector or arterial streets.
         (15)   Sidewalks shall be built to City specifications along all public and private streets; however, an alternative pedestrian and sidewalk plan may be developed which provides pedestrian access between each use in the PD development.
         (16)   Common areas, as defined under this zoning district, shall mean land area of the site not covered by buildings, parking, structures, community buildings, or accessory structures, except recreational structures. Common areas shall include open space that is accessible and available to all owners or residents in common pursuant to an Owner’s Association.
   7.   Application for Approval of Planned Unit Development.
      A.   An application for a PD shall be handled in the same manner prescribed for amending this Zoning Code. The same requirements for notice, advertisement of public hearing, protests, and adoption shall be required as zoning changes.
      B.   The applicant shall prepare and submit 11 copies of the Development Plan of the proposed development in the PD District for review and approval by the Planning and Zoning Commission. The Development Plan shall include:
         (1)   A site plan showing:
            a.   Contours at intervals of two feet or spot elevations on a 100-foot grid shall be required on flat land.
            b.   Location, size, height, and use of all proposed structures and proposed yards on each lot.
            c.   All points of ingress and egress, driveways, circulation aisles, parking lots, parking spaces, and service areas.
            d.   All streets adjoining subject property and the width of the existing right-of-way.
            e.   Areas set aside for common areas with the type of use or recreational facilities planned for each.
            f.   Designation of individual parcels if the proposed development is to be set up in separate construction phases.
            g.   Designation of individual lots if such lots are proposed to be sold to individual owners.
            h.   Location of required screening.
            i.   Location of natural features such as ponds, tree clusters, and rock outcropping.
            j.   Existing development on adjacent properties within 200 feet.
         (2)   The above-described site plan shall also include a section designated as “general provisions,” and said section shall include the following, when said items are applicable:
            a.   Net area in square feet of the development. (Note:  Net area shall be computed as the gross area less the land dedicated or necessary to be dedicated for public street right-of-way.)
            b.   Density of dwelling units per acre of the total dwelling units for the entire plan.
            c.   Building coverage of the net area of the development by individual parcel or total development.
            d.   The percentage of the Development Plan provided for common open space as defined by this Zoning Code. (Note: 20 percent is the minimum.)
            e.   If more than one parcel is proposed, a statement relating to the sequence of development shall be included.
            f.   Required number of parking spaces and location.
            g.   Gross floor area proposed for commercial buildings.
            h.   All proposed land uses shall be listed by parcel.
         (3)   A statement or adequate drawings shall be included describing the manner for the disposition of sanitary waste and storm water.
         (4)   The full legal description of the boundaries of the property or properties to be included in the PD development.
         (5)   A vicinity map showing the general arrangement of streets within an area of 1,000 feet from the boundaries of the proposed PD development.
         (6)   An elevation drawing of the general characteristics of the proposed buildings may be submitted if the applicant desires.
         (7)   When a PD development includes provisions for common space and/or recreational facilities, a statement describing how such open space and/or facility be owned and maintained when not under the ownership of a governmental entity. A homeowner association or other controlling entity shall provide the City with copies of the proposed articles of incorporation and bylaws of such entity.
      C.   The Planning and Zoning Commission shall meet within 45 days of an application being filed. Plans shall be filed with the City at least four weeks prior to a scheduled Planning and Zoning Commission meeting. After the application for a PD development is filed, the Planning and Zoning Commission shall hold a public hearing on said development after giving required notice for hearings in amendments. Said public hearing may be adjourned from time to time and, within a reasonable period of time after the conclusion of said public hearing, the Planning and Zoning Commission shall prepare and transmit to the City Council and the applicant specific findings of fact with respect to the extent which the Development Plan complies with those regulations, together with its recommendations in respect to the action to be taken on the Development Plan and PD requirements. The Planning and Zoning Commission may recommend disapproval, approval, or approval with amendments, conditions or restrictions.
      D.   The City Council shall or shall not approve the Development Plan and authorize the submitting of the final Development Plan.
      E.   Substantial or significant changes in the preliminary plat and PD design shall only be made after rehearing and reapproval unless the changes were otherwise required by the Planning and Zoning Commission or the City Council.
   8.   Final Approval.
      A.   After approval of a Development Plan and prior to the issuance of any building permit or zoning permit, the applicant shall submit an application for final approval with the PD development compliance review committee. The PD development compliance committee shall consist of members of the Planning and Zoning Commission, City Council, the Zoning Administrator, the City Attorney, and/or the City Engineer; this committee will be assembled only on an as-needed basis. Said final application may include the entire PD District or may be for a unit or section thereof as set forth in the approval of the preliminary plan. The application shall include 11 copies of such drawings, specifications, covenants, easements, conditions, and any other conditions, including (but not limited to) performance bonds. As set forth in the approval of the Development Plan preliminary plan and in accordance with the conditions established in this chapter for a PD District. The final plan shall include the same information, as the preliminary plan except the following shall also be provided:
         (1)   A surveyor’s certificate certifying to the accuracy of the boundary surveys shown.
         (2)   Location, names, tangent lengths, centerline radius of each curve and its interior width and angle of all proposed public rights-of-way.
         (3)   All easements and appropriate building setback lines.
         (4)   All lot lines, and lot dimensions including chord distances for curvilinear lot lines.
         (5)   Lot and/or parcel numbers.
         (6)   Location, size, height, and use of all proposed or present buildings.
         (7)   Dedication of all streets, public highways, or other land intended for public use, signed by the owner and by all other parties who have a mortgage or lien interest in the property, together with any restrictions or covenants which apply to the property.
         (8)   A waiver of claim by the applicant for damages occasioned by the establishment of grades or the alteration of the surface of any portion of streets and alleys to conform to grades established.
      B.   A plan submitted for final approval shall be deemed to be in substantial compliance with the plan previously given tentative approval, provided any modification of the Development Plan does not:
         (1)   Vary the proposed gross residential density or intensity of use by more than five percent or involve a reduction in the area set aside for common open space, nor the substantial relocation of such area.
         (2)   Increase by more than 10 percent the floor area proposed for nonresidential use.
         (3)   Increase by more than five percent the total ground area covered by buildings nor involve a substantial change in the height of buildings.
         (4)   Substantially change the design of the plan so as to significantly alter:
            a.   Pedestrian or vehicular traffic flow.
            b.   The juxtaposition of different land uses.
            c.   The relation of open space to residential development.
            d.   The proposed phasing of construction.
            e.   Proposed use of one or more buildings to a more intensive use category as delineated in this chapter.
      C.   A public hearing need not be held for the approval of a final plan if it is in substantial compliance with the approved preliminary plan. The Planning and Zoning Commission shall, within thirty 30 business days of the time of filing, review the final plan for compliance with the approved preliminary plan. Upon review approval, said final plan shall be filed with the City Council for final approval and acceptance.
      D.   In the event that the final plan submitted contains changes in excess of those permitted under Paragraph B above, applicant shall resubmit the original plan. The Development Plan shall be modified in the same manner prescribed in this division as for original approval.
   9.   Enforcement and Modification of Plan. To further the mutual interest of the residents and owners of the PD development and of the public in the preservation of the integrity of the PD plan, as finally approved, and to insure that modifications, if any, in the plan shall not impair the reasonable reliance of the said residents and owners upon the provisions of the plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the plan as finally approved, whether recorded by plan, covenant, easement or otherwise, shall be subject to the following provisions:
      A.   The use of land and the use, bulk, and location of buildings and structures; and
      B.   The quality and location of common space; and
      C.   The intensity of use or the density of residential units shall run in favor of the City; and shall be enforceable in law or in equity, by the City, without limitation on any powers or ordinance otherwise granted by law.
The development of any land pursuant to an approved Development Plan shall be constructed in accordance with the requirements of Section 165B.23 and the approved Development Plan.
   10.   Amendments. The PD District agreement or an approved Development Plan may be amended in the same manner prescribed in this division for approval of a preliminary or final plan. Application for amendment maybe made by the homeowner’s association or 51 percent of the owners of the property within the PUD District.
   11.   Platting. For unplatted tracts or tracts being re-platted, the approval of the Development Plan shall be considered as the approval of a preliminary plan. To complete the platting process, the applicant need only submit a final plat. Said final plat shall be in accordance with the Subdivision Regulations, except the scale shall be 100 feet, 50 feet, or 20 feet to the inch.
   12.   Fees. For the following applications, fees shall be paid to the City:
      A.   Development Plan, filing fee shall be set by the City Council by separate ordinance.
      B.   Final plan, filing fee shall be set by the City Council by separate ordinance.
These fees are separate and do not include any preliminary and final plat fees and/or any change of zone fees required by the City.

165B.26 AP: AIRPORT OVERLAY DISTRICT.

   1.   District Established. An Airport Protection (AP) overlay district is established for the purpose of ensuring that development within the areas of the City that are impacted by the Siouxland Gateway Airport operations are compatible with the function and operations of the airport.
   2.   Purpose. Consistent with the Chapter 329, Airport Zoning, of the Code of Iowa, it is hereby found that an airport hazard endangers the lives and property of the users of an airport and occupants of land and other persons in its vicinity and also, if the obstruction type, in effect reduces the size of the area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is hereby declared that:
      A.   The creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport.
      B.   It is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of airport hazards be prevented.
      C.   The prevention of airport hazards should be accomplished, to the extent legally possible, by the exercise of the City’s police power.
      D.   The prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which the City may raise and expend public funds, as an incident to the operation of the airport, to acquire land or property interests.
   3.   Jurisdiction. The standards, regulations, and restrictions of this section apply to lands within the corporate limits of the City.
   4.   Authority. The administration and enforcement of the regulations of this section are hereby granted to the Zoning Administrator, in coordination with the Airport Director, who shall review and act upon all applications for permits.
   5.   Conflict. In the event of any conflict between the regulations of this Zoning Code and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.
   6.   Airport Zoning Commission. The Airport Zoning Commission is appointed in accordance with Section 329.9 of the Code of Iowa, Procedure for Adopting Zoning Regulations - Zoning Commission, as amended from time to time.
   7.   Applicability. All projects located within the AP District that exceed 150 feet in height shall be reviewed by the Zoning Administrator, in consultation with the Airport Director, for compliance with the provisions of the AP District.
   8.   Boundaries. The boundaries of the AP District are the extents of the airport zones within the jurisdiction of the City, as set out in Subsection 22, Zones, below.
   9.   Interpretation. All features of property within the AP District shall comply with the applicable requirements of 14 CFR § 77. The City may require a study establishing compliance at the time of a rezoning request, and may also require a similar study at the time of application for development approval. The City’s standard note requiring compliance with 14 CFR § 77 shall be required on all recorded development approvals. Where structures are allowed, the maximum height must not exceed the limitations of 14 CFR § 77 in effect at the time of permit issuance.
   10.   Disclaimer. The degree of protection provided by this section is considered reasonable for regulatory purposes and is based on planning, engineering, and scientific methods of study, and in coordination with appropriate federal agencies. This section does not imply that areas outside of the airport hazard area will be totally free from aircraft hazards or noise, and, therefore, shall not create a liability on the part of the City, or any of its officers or employees, for any damages resulting from reliance on this section.
   11.   Aviation Easement. This section may apply to land within the airport hazard area, and to development for which the Zoning Administrator, in consultation with the Airport Director, or City Council determines that conditions of approval are necessary to prevent or mitigate environmental impacts or hazards to navigation. When required, development approvals shall be conditioned upon recording an appropriate aviation easement over the parcel proposed for development. The easement shall:
      A.   Be in a form reviewed and recommended by the City Attorney and approved by the City Council.
      B.   Permit flight operations above the parcel proposed for development.
      C.   Release the aircraft operator, the airport owner and operators, and the City from liability or responsibility for the effects of their flight operations.
      D.   Recognize the right of the aircraft operator, the airport owner and operators, and the City to:
         (1)   Create noise, dust, fumes, vibration, the dispersion of fuel particles.
         (2)   Prohibit electrical interference and directed lighting or glare that would interfere with airport operations.
         (3)   Remove, mark, or light structures or other obstructions above heights specified in the easement.
      E.   Run with the land with a perpetual term.
      F.   Include language stating that, where applicable, noise mitigation construction techniques may be required to mitigate the noise to which the property is exposed.
      G.   Be recorded in the public records of Woodbury County.
   12.   Required Permit. A permit shall be applied for, considered, and, as appropriate, granted by the Airport Zoning Commission before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed, altered, or repaired.
      A.   No permit will be granted that will allow the establishment or creation of an airport hazard or permit a nonconforming structure, tree, or nonconforming use to be made, become higher, or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made.
      B.   A permit authorizing any replacement, alteration, repair, reconstruction, growth, or replanting must be secured from the Administrator before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted.
      C.   No permit shall be required for repairs to a nonconforming structure necessitated by fire, explosion, acts of God, or the common enemy, or if the repairs do not involve expenditures exceeding more than 60 percent of the fair market value of the nonconforming structure, so long as the height of the nonconforming structure is not increased over its pre-existing height.
   13.   Permit Exceptions.
      A.   Horizontal and Conical Zones. In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any structure less than 75 feet in height above the surface of the ground, except when because of terrain, land contour, or topographic features such structure would extend above the height limits prescribed for such zone.
      B.   Instrument and Non-Instrument Approach Zones. In the area lying within the limits of the instrument and non-instrument approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runways, no permit shall be required for any structure less than 75 feet in height above the surface of the land, except when such structure would extend above the height limit prescribed for such instrument or non-instrument approach zone.
      C.   Transition Zones. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any structure less than 75 feet in height above the surface of the land, except when such structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.
   14.   Required Annotations on Applications for Development Approval. Applications for development approval within the AP District shall depict the boundaries of the AP District and the airport zones on or in the vicinity of the parcel proposed for development.
   15.   Required Annotations on Development Approvals.
      A.   Generally, a specific note indicating the recording information for the aviation easement that is required by Subsection 11, Aviation Easement Required, above, shall be required on all development approvals.
      B.   Site Plans and Plats. A note in a form approved by the City Attorney shall be included on each site plan and each plat that is subject to this section, which discloses the existence of the noise mitigation construction technique requirement and states the applicant’s and the applicant’s successors in interest consent to the requirements and to the City’s enforcement of the requirements.
      C.   Additional Requirements. The City shall also require, as applicable, the following annotations or disclosures on site plans or plats:
         (1)   Excerpts of the regulations of this section (transcribed or summarized).
         (2)   Noise disclosure text.
         (3)   Other notes that are intended to ensure full and adequate disclosure of the hazards and the development conditions applicable to the parcel proposed for development.
   16.   Permitted Uses. The AP District shall permit airport uses, as well as related support facilities and other uses allowed in the ML and MH Districts, provided that such allowed uses are not detrimental or hazardous to the safety of aircraft. All regulations that apply to the ML and MH Districts shall also apply to the AP District, except where such regulations conflict with Federal Aviation Administration (FAA) regulations.
   17.   Accessory Uses. Accessory facilities incidental to the normal operation of an aircraft landing field including, but not limited to, navigational aids, refueling facilities, parking and storage facilities, and offices, but not including uses that are prohibited in the ML and MH Districts, as allowed.
   18.   Use Restrictions. Notwithstanding any other provisions of this Item, no use may be made of land or water within any airport zone in a manner as to:
      A.   Create electrical interference with navigational signals or radio communication between the airport and aircraft.
      B.   Make it difficult for aircraft operators to distinguish between airport lights and other lights.
      C.   Result in glare in the eyes of aircraft operators using the airport.
      D.   Impair visibility in the vicinity of the airport.
      E.   In any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.
   19.   Space Limits. The space limits shall be the same as those applicable to the ML and MH Districts, except:
      A.   No heliport shall be located on a lot of less than 40,000 square feet.
      B.   No landing field for airplanes shall be located on a site of less than 40 acres.
      C.   The site of a landing field for airplanes shall be of sufficient size to provide at least 500 feet between the end of each runway and the nearest boundary line of such site intersecting the centerline of the longest dimension of each runway.
   20.   Height Limits. Except as provided in this section, no structure or tree shall be erected, altered, allowed to grow, or be maintained in the airport hazard area or any applicable airport zone to a height in excess of the applicable height limit established for such zone. Such height limitations are computed as follows:
      A.   Instrument Approach Zone. Height limits are as follows: one foot in height for each 50 feet in horizontal distance beginning at a point 200 feet from the end of the instrument runway and extending to a distance of 10,200 feet from the end of the runway; thence one foot in height for each 40 feet in horizontal distance to a point 50,200 feet from the end of the runway.
      B.   Non-Instrument Approach Zones. Height limits are as follows: one foot in height for each 40 feet in horizontal distance beginning at a point 200 feet from the end of the non-instrument runway and extending to a point 10,200 feet from the end of the runway.
      C.   Transition Zones. Height limits are as follows: one foot in height for each seven feet in horizontal distance beginning at a point 500 feet from the centerline of the instrument and non-instrument runways, measured at right angles to the centerline of the longest dimension of the runway, extending upward to a maximum height of 150 feet above the established airport elevation which is 1,097 feet above mean sea level. In addition to the foregoing, there are established height limits of one foot vertical height for each seven feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal and conical surfaces; further, where the instrument approach zone projects through and beyond the conical zone, a height limit of one foot for each seven feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward to the points where they intersect the horizontal and conical surfaces; further, where the instrument approach zone projects through and beyond the conical zone, a height limit of one foot for each seven feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of 5,000 feet from the edge of the instrument approach zone measured at right angles to the continuation of the aforesaid centerline of the runway.
      D.   Horizontal Zone. Height limits are as follows: 150 feet above the airport elevation.
      E.   Conical Zone. Height limits are as follows: one foot in height for each 20 feet of horizontal distance beginning at the periphery of the horizontal zone and extending for a distance of 4,000 feet.
   21.   Height Exception. Nothing in this Zoning Code shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to a height of not more than 45 feet above the surface of the land.
   22.   Zones. In order to carry out the purposes of this Item, there are created and established certain zones designated as the approach zones, transitional zones, horizontal zones, and conical zones. Such zones are shown on the airport hazard zoning map adopted by the City Council, which is on file in the Department and the office of the City Clerk, and which map, as amended from time to time, is incorporated by reference and made part of this Code. An area located in more than one zone is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:
      A.   Instrument Approach Zone. An instrument approach zone is established at the end of the existing or proposed instrument runway for instrument landings and takeoffs. The instrument approach zones shall have a width of 1,000 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 16,000 feet at a distance of 50,200 feet beyond each end of the runway, the centerline of the approach zones being a continuation of the runway centerline.
      B.   Non-Instrument Approach Zone. A non-instrument approach zone is established at each end of all non-instrument runways on the Sioux Gateway Airport for non-instrument landings and takeoffs. The non-instrument approach zone shall have a width of 500 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 2,500 feet at a distance of 10,200 feet beyond each end of the runway, the centerline of the approach zones being a continuation of the runway centerline.
      C.   Transition Zones. Transition zones are established adjacent to each instrument and non-instrument and approach zone as indicated on the airport hazard zoning map. Transition zones symmetrically located on either side of runways have variable widths as shown in the airport hazard zoning map. Transition zones extend outward from a line 500 feet on either side of the centerline of the instrument and non-instrument runways for the length of such runway plus 200 feet on each end and are parallel to and level with such runway centerlines. The transition zones along with the runway slope upward and outward one foot vertically for each seven feet horizontally to the point where they intersect the surface of the horizontal zone; further, transitional zones are established adjacent to both instrument and non-instrument approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the airport hazard zoning map. Such transition zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at a rate of one foot vertically for each seven feet horizontally to points where they intersect the surface of the horizontal and conical zones. Additionally, transition zones are established adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zone, extending a distance of 500 feet measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the runway centerline.
      D.   Horizontal Zone. A horizontal zone is established, being a plane 150 feet above the established airport elevation (1,097 feet above mean sea level), the perimeter of which is constructed by swinging arcs at a radius of 10,000 feet from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs.
      E.   Conical Zone. A conical zone is established, being a surface extending outward and upward from the periphery of the upper surface of the horizontal zone (1,247 feet) at a slope of 20 to one for a horizontal distance of 4,000 feet.
   23.   Variances. Any person desiring to erect or increase the height of any structure, permit the growth of a tree, or otherwise use property in a manner inconsistent with this section may apply to the Board of Adjustment (BOA) for a variance. Each application for a variance shall be accompanied by a determination from the Federal Aviation Administration (FAA) as to the effect of the proposed variance on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Additionally, no application for a variance to the requirements of this section may be considered by the Board of Adjustment unless a copy of the application has been furnished to the Airport Director for advice as to the aeronautical effects of the variance. If the Airport Director does not respond to the application within 30 days after receipt, the Board of Adjustment may meet on its own to grant or deny the application. A variance shall be allowed only in compliance with state and federal law and where the Board of Adjustment makes the same findings for the granting of variances, and a finding that such variance will not create a hazard to air navigation. Such variance request must include the review and recommendation of the Airport Zoning Commission. A variance may be allowed subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purposes of this Code; Chapter 329, Airport Zoning, of the Code of Iowa; and 14 CFR § 77.
   24.   Conditions. In granting a permit or variance, the Administrator (permit) or Board of Adjustment (variance) may, if deemed advisable to effectuate the purposes of this Code and reasonable in the circumstances, condition a permit or variance as to require the owner of the structure or tree to permit the City, at its own expense, to install, operate, and maintain such markers and lights as may be necessary to indicate to aircraft operators the presence of an airport hazard.
   25.   Nonconforming Uses and Improvements.
      A.   Generally. See Section 165A.24, Nonconforming, General Intent.
      B.   Regulations Not Retroactive. With the exception of those uses specifically prohibited in Subsection 18 of this section, Use Restrictions, above, the regulations set out in this Zoning Code shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree in existence as of the effective date of this Code, nor shall any change in construction, alteration, or intended use of any structure be required if the construction or alteration was begun prior to the effective date of this Zoning Code and is completed within one year.
      C.   Marking and Lighting. Notwithstanding Paragraph B, immediately above, the owner of any nonconforming structure or tree is required to permit the installation, operation, and maintenance of such markers and lights as shall be deemed necessary by the Administrator, in consultation with the Airport Director, to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the Sioux Gateway Airport.
EDITOR’S NOTE
The following ordinances have been adopted amending the Official Zoning Map, described in Section 165B.04 of this chapter, which was approved by the City Council on March 22, 2016, and have not been included as a part of this Code of Ordinances but have been specifically saved from repeal and are in full force and effect.
Ordinance No.
Date Adopted
Ordinance No.
Date Adopted
643
September 27, 2016
644
August 13, 2016
645
November 22, 2016
666
April 10, 2018
697
January 28, 2020
702
October 13, 2020
707
May 11, 2021
714
September 28, 2021
720
November 23, 2021
721
February 8, 2022
754
August 13, 2024
755
October 8, 2024
760
June 10, 2025