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Sioux City City Zoning Code

CHAPTER 25

01 Title, Authority, Jurisdiction, Applicability, Purpose, and Transitional Provisions

Sec. 25.01.010 Title

The Sioux City Zoning and Sign Code shall be known as, and may be referred to as, "the Sioux City Zoning and Sign Code," "the ZSC," or "this Code."

(Ord. 2015-0215)

Effective on: 1/1/1901

Sec. 25.01.020 Authority

  • Generally. The provisions of this Code are authorized as provided in this Section.
  • City Charter. In general, this Code is authorized by Section 1.10.040, Powers and Duties, of the Charter of the City of Sioux City, Iowa (Chapter 1.10, City Charter, of the City of Sioux City). All provisions in this Code that affect the area within the corporate boundaries of the City and are not preempted by state or federal law are authorized by the City Charter.
  • Authority. This Code is adopted pursuant to the authority granted by the Iowa Code including, but not limited to:
    1. Chapter 372, Organization of City Government, Section 372.9, Home Rule Charter Procedure; and
    2. Chapter 414, City Zoning.
  • Iowa Code. Supplemental authority for the provisions of this Code is provided by the Iowa Code provided that they are either preemptive or not inconsistent with the provisions of this Code. The following provisions of the Iowa Code may be relied upon as authority for certain provisions of this Code:
    1. Chapter 18B, Land Use - Smart Planning;
    2. Chapter 101A, Explosive Materials;
    3. Chapter 113, Licensing and Regulation of Foster Family Homes;
    4. Chapter 135O, Boarding Homes;
    5. Chapter 162, Care of Animals in Commercial Establishments;
    6. Chapter 172D, Livestock Feedlots;
    7. Chapter 231B, Elder Group Homes;
    8. Chapter 237A, Child Care Facilities;
    9. Chapter 237B, Children's Centers - Facility Standards;
    10. Chapter 306B, Outdoor Advertising Along Interstate Highways;
    11. Chapter 306C, Junkyard Beautification and Billboard Control;
    12. Chapter 306D, Scenic Routes;
    13. Chapter 329, Airport Zoning;
    14. Chapter 368, City Development;
    15. Chapter 404, Urban Revitalization Tax Exemptions;
    16. Chapter 458A, Oil, Gas, and Other Minerals;
    17. Chapter 459, Animal Agriculture Compliance Act; and
    18. Chapter 459A, Animal Agriculture Compliance Act for Open Feedlot Operations.
  • Federal Law. The provisions of this Code are subject to all applicable federal regulations including, but not limited to:
    1. Interstate Commerce Commission Termination Act of 1995;
    2. Federal Fair Housing Act; and
    3. Religious Land Use and Institutionalized Persons Act (RLUIPA).
  • Additional Authority; Limitations. Should further authorizing legislation exist or be enacted, this Code is additionally deemed to be enacted or effective pursuant thereto, except:
    1. This Code shall be superseded by such legislation only to the extent of any irreconcilable conflict if the City's home rule authority does not subordinate such legislation; and
    2. This Code shall supersede inconsistent legislation if the City's home rule authority so provides.

    • (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.01.030 Jurisdiction

    All provisions of this Code apply within the corporate limits of the City of Sioux City, Iowa, as may be expanded, contracted, or modified from time to time.

    (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.01.040 Application

  • Generally. No land shall be used or developed except in accordance with this Code and the Sioux City Municipal Code, where applicable. All of the following are subject to the applicable requirements of this Code, and may require one or more development permits:
    1. The use of any building, structure, land, or water, including:
      1. New uses; and
      2. Structural alterations or enlargements of, additions to, changes in, and relocation of existing uses (which may be subject to Subchapter 25.06-C, Nonconformities).
    2. The construction, material alteration, repair, relocation, or demolition of buildings or structures (including, but not limited to, fences, retaining walls, and signs).
    3. Alterations of historic sites and buildings.
    4. Landscaping and buffering, but not including:
      1. Routine landscaping or bufferyard maintenance;
      2. Landscaping of individually-owned residential lots; and
      3. Agricultural operations.
    5. Erection, construction, enlargement, modification, alteration, relocation, repair, improvements, demolition, maintenance, or conversion of signs, as set out in Subchapter 25.05-C, Signs.
  • Publicly-Owned Property.
    1. General Exemptions. Those portions of this Code that govern the location of allowed, limited, and conditional uses shall not apply to the governments of the United States of America or the State of Iowa and their agencies and political subdivisions, 28E entities, and the City in the performance of their governmental functions. All other provisions of this Code apply, (e.g. Chapter 25.03, Development Standards; Chapter 25.05, Site Development; and, as applicable, [Chapter 25.06], Administration).
    2. Exemptions for Public Safety. Following a public hearing with notice provided as set out in Subsection 25.06.070.9, Public Notice, it may be determined that facilities and services essential for public safety may be exempt from the standards of this Code, except floodplain regulations, if the following findings are made:
      1. Application of normal development standards will not allow the establishment of the subject public safety facility or service;
      2. All reasonable alternatives have been reviewed to assure that the public safety facility or service is optimally located and developed;
      3. Only the specific standards that cannot be met without compromising the integrity of public safety will be relaxed; and
      4. Only the smallest increment of relief from development standards that will result in effective provision of essential public safety facilities or services will be allowed. 
    3. Otherwise Applicable. All other provisions of this Code, including those that govern temporary, accessory, and supplemental uses, are applicable not only to private persons, agencies, corporations, and organizations, but also to all public agencies and organizations to the full extent that they may be enforceable under the United States Constitution and the Constitution and Statutes of the State of Iowa.
  • Relationship to Covenants, Conditions, and Restrictions; Private Agreements.
    1. This Code is not intended to abrogate, annul, or otherwise interfere with any easement, covenant, condition, restriction, or other private agreement or legal relationship; provided, however, that where the regulations of this Code are more restrictive or impose higher standards or requirements, then the regulations of this Code shall govern.
    2. The City has no duty to search for the existence of private restrictions on property.
    3. The City will not interpret, apply, or enforce private restrictions unless it is a party to them.
  • Urban Renewal Plans. Requirements of any urban renewal plan that are officially adopted by the City Council shall abide by  the provisions of this Code. Additionally, the nonconforming use provisions of Subchapter 25.06-C, Nonconformities, shall be applied and enforced within each urban renewal area to regulate and limit the continued existence of uses, structures, and lots that do not conform with the use, space limitations, or off-street parking requirements contained in this Code.​
  • Specific Exceptions. Specific exceptions to the requirements of this Code may be set out in individual Chapters, Divisions, or Sections.
  • Prohibited Uses. No use of any building, structure or land; no building or structure; and no lot of record, now or hereafter existing, shall be established, altered, moved, divided, or maintained after the effective date of this Code, under any circumstances, except as authorized by the provisions of this Code. Existing uses that are prohibited after the effective date are subject to Subchapter 25.06-C, Nonconformities.

    • (Ord. 2015-0215; 2021-0460)

    Effective on: 5/22/2021

    Sec. 25.01.050 Purposes and Findings

  • Generally. In accordance with Section 414.3, Basis of Regulations, of the Iowa Code, these regulations are established in accordance with a comprehensive plan and are designed to:
    1. Preserve the availability of agricultural land;
    2. Consider the protection of soil from wind and water erosion;
    3. Encourage efficient urban development patterns;
    4. Lessen congestion in the streets;
    5. Secure safety from fire, flood, panic, and other dangers;
    6. Promote health and the general welfare;
    7. Provide adequate light and air;
    8. Prevent the overcrowding of land;
    9. Avoid undue concentration of population;
    10. Promote the conservation of energy resources;
    11. Promote reasonable access to  renewable energy; and
    12. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.
  • Specifically. The regulations of this Code shall be implemented for the general purposes set out above and by using the City's home rule, constitutional, and statutory powers to:
    1. Implement the City's Comprehensive Plan and other adopted plans, which:
      1. Reflect the shared values and long-term objectives of the City with respect to the character, form, and function of its future development; and
      2. Promote planned, logical, and fiscally and environmentally responsible, and orderly development and redevelopment within the City and other areas that may be subject to the City's regulatory authority;
    2. Protect the social, economic, cultural, recreational, and aesthetic well-being of both private and public property;
    3. Promote, in the public interest, the utilization of land for the purposes for which it is most desirable and best adapted;
    4. Regulate the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes, in accordance with Section 414.1, Building Restrictions - Powers Granted, of the Iowa Code;
    5. Preserve and enhance the character, quality, and integrity of established neighborhoods;
    6. Enhance the visual character and attractiveness of the City through regulation of site and building design;
    7. Promote a balanced, diverse supply of quality, affordable housing located in safe and livable neighborhoods;
    8. Protect and conserve natural resources and promote responsible development patterns;
    9. Preserve, enhance, and protect the unique and special character of the City's historic districts and properties and other areas of cultural, scenic, or architectural importance or significance;
    10. Minimize conflicts among adjacent land uses;
    11. Provide for efficient and fair development approval procedures that respect property rights and ensure quality development;
    12. Provide regulations pertaining to pre-existing lots, structures, and uses which do not conform to the regulations, standards, restrictions, and limitation established by this Code; and
    13. Protect the City's tax base by enhancing business opportunities and increasing property values through promoting quality, sustainable building improvements, infill development, and redevelopment.
  • Other Purposes. Other purposes of the various Chapters, Divisions, and Sections may be expressed therein.
  • Adult Entertainment Businesses.
    1. Purpose. It is the purpose of this Code to regulate certain adult entertainment businesses in order to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of adult uses within the City.

    2. Intent and Effect. The provisions of this Code have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor the effect of this Code to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Code to condone or legitimize the distribution of obscene material.

    3. Findings. This Code is based on the City’s general police power, as well as on the evidence of the adverse secondary effects of adult entertainment businesses, which is within the common knowledge of municipalities and is widely reported in judicial opinions, media reports, land use studies, and crime impact reports made available to the City Council, several of which are set forth herein. Additionally, the City Council relies upon repeated judicial findings of municipalities’ reasonable reliance on this body of secondary effects evidence to support time, place, and manner regulations of adult entertainment businesses. The City Council relies upon and incorporates the findings concerning secondary effects discussed in the following non-exhaustive list of cases: City of Littleton v. Z.J. Gifts D-4, L.L.C., 2004 U.S. LEXIS 4026 (June 7, 2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); Pap’ s A.M. v. City of Erie, 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); Sewell v. Georgia, 233 S.E.2d 187 (Ga. 1977), dismissed for want of a substantial federal question, 435 U.S. 982 (1978); Farkas v. Miller, 151 F.3d 900 8th Cir. 1998); Jakes Ltd. v. City of Coates, 284 F.3d 884 (2002); BZAPS, Inc. v. City of Mankato, 268 F.3d 603 8th Cir. 2001); SOB, Inc. v. County of Benton, 317 F.3d 856 (8th Cir. 2003); Green v. City of St. Paul, 1999 U.S. App. LEXIS 12057 (8th Cir. 1999) (unreported); Scope Pictures v. City of Kansas City, 140 F.3d 1201 (8th Cir. 1998); Excalibur Group v. City of Minneapolis, 116 F.3d 1216 (8th Cir. 1997); ILQ Invs. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); Ambassador Books & Video v. City of Little Rock, 20 F.3d 858 (8th Cir. 1994); Alexander v. Minneapolis, 928 F.2d 278 (8th Cir. 1991); John Doe v. Minneapolis, 898 F.2d 612 (8th Cir. 1990); Thames Enters. v. St. Louis, 851 F.2d 199 (8th Cir. 1988); MRM, Inc. v. City of Davenport, 290 N.W.2d 338 (Iowa 1980); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (1996); World Wide Video of Washington, Inc. v. City of Spokane, 2004 U.S. App. LEXIS 10443 (9th Cir., May 27, 2004) (including exhibits cited therein), aff g 227 F.Supp.2d 1143 (E.D. Wash. 2002); Bigg Wolf Discount Video v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998); Z.J. Gifts D-4 L.L.C. v. City of Littleton, 93 P.3d 633 (Colo. App. 2004); County of Cook v. Renaissance Arcade and Bookstore, 122 Ill. 2d 123 (1988) (including cases cited therein); and other cases; and on reports concerning secondary effects in and around adult uses, including, but not limited to, Summaries of Key Reports Concerning the Negative Secondary Effects of Sexually Oriented Businesses; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Austin, Texas - 1986; Phoenix, Arizona -1979, 1995-1998; Minneapolis, Minnesota - 1980; Houston, Texas - 1997; Tucson, Arizona – 1990; Indianapolis, Indiana – 1984; St. Cloud, Minnesota - 1994; Amarillo, Texas; Centralia, Washington - 2003; Seattle, Washington - 1989; Oklahoma City, Oklahoma - 1986; and Dallas, Texas - 1997; New York Times Square study - 1994; and also on findings from the Report of the Attorney General's Working Group on The Regulation of Adult uses, (June 6, 1989, State of Minnesota), Stafford Publications Webinar – May 8, 2013”, “Boston College Law Review … Sex But Not the City: Adult-Entertainment Zoning, the First Amendment, and Residential and Rural Municipalities”, “Midwest Planning Bluz … City demonstrates negative secondary effects of adult entertainment establishment sufficient to overcome preliminary injunction, 12-7-15” Law of the Land: Fed. District Court on Indiana Upholds City Ordinance restricting the Location of an Adult Entertainment Business 2-8-1014”,  California Law Review “Zoning Adult Entertainment: A reassessment of Renton”, “Regulating Adult Entertainment Business: Zoning and First Amendment Limitations”,  “City of Spokane Valley vs Dirks Court of Appeals, Division III State of Washington 12-15-2015” the Council finds:
      1. Adult entertainment businesses should be segregated from one another by a minimum distance and are further inappropriate for locations in close proximity to houses of worship, schools, day care centers, and residential neighborhoods because adult entertainment businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, illicit and unsanitary sexual activity, illicit drug use, decreased desirability of and negative impacts on the use of surrounding properties, urban blight, litter, and sexual assault and exploitation.
      2. The City has a substantial government interest in regulating the proper location of sexual enterprises and has a substantial government interest in preventing each of the aforementioned adverse effects. 
      3. The American Center of Law and Justice also completed a study on the secondary effects of such uses, dated March 1996.
      4. Secondary effects of adult entertainment businesses may include any or all of the following, which have a material effect on the health, safety, and welfare of City residents:
        1. Particularly when they are located in close proximity to each other, adult entertainment businesses are indicias of urban blight, which downgrade the quality of life in the adjacent area;
        2. Adult entertainment businesses have a deleterious effect on both neighboring businesses and surrounding residential areas, as they are regularly related to an increase in crime and a decrease in property values;
        3. Adult entertainment businesses commonly require special supervision from public safety agencies in order to protect public health, safety and welfare, including that of the patrons of such businesses;
        4. Studies and experience show that in the absence of regulation of adult entertainment businesses, significant criminal activity, including prostitution, narcotics and liquor law violations, have historically and regularly occurred;
        5. Adult entertainment businesses are frequently used for unlawful and unhealthful sexual activities, including prostitution and sexual liaisons of a casual nature, and the concern over sexually transmitted diseases, including HIV, is a legitimate health concern of the City;
        6. Adult entertainment businesses lend themselves to ancillary unlawful and unhealthy activities that are often uncontrolled by the operators of the establishments; and
        7. Children and minors may be harmed by exposure to the secondary effects of adult entertainment businesses, including those encountered when children walk through or visit in the immediate neighborhood of such businesses.
      5. The City wishes to minimize and control adverse effects and thereby protect the health, safety and welfare of the citizens; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; deter the spread of urban blight and protect the citizens from increased crime.
  • Sexually Oriented Businesses.
    1. Purpose. It is the purpose of this Code to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City.
    2. Intent and Effect. The provisions of this Code have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Code to condone or legitimize the distribution of obscene material.
    3. Findings. This Code is based on the City’s general police power, as well as on the evidence of the adverse secondary effects of sexually oriented and adult entertainment businesses, which is within the common knowledge of municipalities and is widely reported in judicial opinions, media reports, land use studies, and crime impact reports made available to the City Council, several of which are set forth herein. Additionally, the City Council relies upon repeated judicial findings of municipalities’ reasonable reliance on this body of secondary effects evidence to support time, place, and manner regulations of sex-related businesses. The City Council relies upon and incorporates the findings concerning secondary effects discussed in the following non-exhaustive list of cases: City of Littleton v. Z.J. Gifts D-4, L.L.C., 2004 U.S. LEXIS 4026 (June 7, 2004); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); Sewell v. Georgia, 233 S.E.2d 187 (Ga. 1977), dismissed for want of a substantial federal question, 435 U.S. 982 (1978); Farkas v. Miller, 151 F.3d 900 (8th Cir. 1998); Recreational Developments of Phoenix, Inc. v. City of Phoenix, 83 F. Supp. 2d 1072 (D. Ariz. 1999); IDK, Inc. v. County of Clark, 836 F.2d 1185 (9th Cir. 1988); United States v. Evans, 272 F.3d 1069 (8th Cir. 2002); United States v. Mueller, 663 F.2d 811 (8th Cir. 1981); BZAPS, Inc. v. City of Mankato, 268 F.3d 603 (8th Cir. 2001); PHE, Inc. v. State, 2004 Miss. LEXIS 269 (2004); Yorko v. State, 690 S.W.2d 260 (Tex. 1985); SOB, Inc. v. County of Benton, 317 F.3d 856 (8th Cir. 2003); United States v. Frederickson, 846 F.2d 517 (1988); ILQ Invs. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); MRM, Inc. v. City of Davenport, 290 N.W.2d 338 (Iowa 1980); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (1996); World Wide Video of Washington, Inc. v. City of Spokane, 2004 U.S. App. LEXIS 10443 (9th Cir., May 27, 2004) (including exhibits cited therein), aff’ g 227 F.Supp.2d 1143 (E.D. Wash. 2002); Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998); Z.J. Gifts D-4 L.L.C. v. City of Littleton, 93 P.3d 633 (Colo. App. 2004); Bigg Wolf Discount Video v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); County of Cook v. Renaissance Arcade and Bookstore, 122 Ill. 2d 123 (1988) (including cases cited therein); and other cases; and on reports concerning secondary effects in and around adult uses, including, but not limited to, Summaries of Key Reports Concerning the Negative Secondary Effects of Sexually Oriented Businesses, Garden Grove, California - 1991; Los Angeles, California - 1977; Austin, Texas - 1986; Phoenix, Arizona – 1979, 1995-1998; Centralia, Washington - 2003; Minneapolis, Minnesota - 1980; St. Cloud, Minnesota - 1994; Houston, Texas - 1997; Indianapolis, Indiana – 1984; Tucson, Arizona – 1990; Oklahoma City, Oklahoma - 1986; and Dallas, Texas - 1997; St. Cloud, Minnesota – 1994; and also on findings from the Report of the Attorney General's Working Group on The Regulation of Adult uses, (June 6, 1989, State of Minnesota), Stafford Publications Webinar – May 8, 2013”, “Boston College Law Review … Sex But Not the City: Adult-Entertainment Zoning, the First Amendment, and Residential and Rural Municipalities”, “Midwest Planning Bluz … City demonstrates negative secondary effects of adult entertainment establishment sufficient to overcome preliminary injunction, 12-7-15” Law of the Land: Fed. District Court on Indiana Upholds City Ordinance restricting the Location of an Adult Entertainment Business 2-8-1014”,  California Law Review “Zoning Adult Entertainment: A reassessment of Renton”, “Regulating Adult Entertainment Business: Zoning and First Amendment Limitations”,  “City of Spokane Valley vs Dirks Court of Appeals, Division III State of Washington 12-15-2015” the Council finds:
      1. Sexually oriented businesses should be segregated from one another by a minimum distance and are further inappropriate for locations in close proximity to houses of worship, schools, day care centers, and residential neighborhoods because, inter alia, sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, illicit and unsanitary sexual activity, illicit drug use, decreased desirability of and negative impacts on the use of surrounding properties, urban blight, litter, and sexual assault and exploitation.
      2. The City has a substantial government interest in regulating the proper location of sexual businesses and has a substantial government interest in preventing each of the aforementioned adverse effects. (Ord. 2004-1059)

      3. The American Center of Law and Justice also completed a study on the secondary effects of such uses, dated March 1996.

      4. Secondary effects of sexually-oriented businesses may include any or all of the following, which have a material effect on the health, safety, and welfare of City residents:

        1. Particularly when they are located in close proximity to each other, sexually-oriented businesses are indicias of urban blight, which downgrade the quality of life in the adjacent area;
        2. Sexually-oriented businesses have a deleterious effect on both neighboring businesses and surrounding residential areas, as they are regularly related to an increase in crime and a decrease in property values;
        3. Sexually-oriented businesses commonly require special supervision from public safety agencies in order to protect public health, safety and welfare, including that of the patrons of such businesses;
        4. Studies and experience show that in the absence of regulation of sexually-oriented businesses, significant criminal activity, including prostitution, narcotics and liquor law violations, have historically and regularly occurred;
        5. Sexually-oriented businesses are frequently used for unlawful and unhealthful sexual activities, including prostitution and sexual liaisons of a casual nature, and the concern over sexually transmitted diseases, including HIV, is a legitimate health concern of the City;
        6. Sexually-oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are often uncontrolled by the operators of the establishments; and
        7. Children and minors may be harmed by exposure to the secondary effects of sexually-oriented businesses, including those encountered when children walk through or visit in the immediate neighborhood of such businesses.
      5. The City wishes to minimize and control adverse effects and thereby protect the health, safety and welfare of the citizens; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; deter the spread of urban blight and protect the citizens from increased crime.
  • Small Wind Energy Systems. The City of Sioux City finds that wind energy is an abundant, renewable, and nonpolluting energy resource and that its conversion to electricity will: 1) reduce dependence on nonrenewable energy resources; 2) decrease the air and water pollution that results from the use of nonrenewable energy sources; and 3) provide the potential for citizens to reduce the cost of electricity they use. Small wind energy systems also make the electricity supply market more competitive by promoting customer choice. The State of Iowa has enacted a number of laws and programs to encourage the use of small-scale renewable energy systems, including net metering, sales tax exemptions, property tax exemptions, production tax credits, and the Small Wind Innovation Zone program. 

    • (Ord. 2016-0799; 2015-0215)

    Effective on: 9/17/2016

    Sec. 25.01.060 Effective Date

    The effective date is the adopted date or most recent amended date of this Code.

    (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.01.070 Pending Applications

  • Generally. Except as provided in Item 2, Applications, below, each application for development approval shall be evaluated by the regulations that were in effect at the time the application was submitted.
  • Applications. Applications pending on the effective date of this Code shall be decided in accordance with the law in effect on the date such application was filed, except as specifically provided in Section 25.01.120, Existing Planned Developments. Applications for development approval that were not pursued with due diligence may expire pursuant to Subsection 25.06.070.6, Termination of Inactive Applications.
  • Duty of City Officials. Within 20 days following the effective date of this Code, any City official, department, agency, board, or commission then considering an application that is applicable to this Code, as set out in Item 2, Applications, above, shall transmit a copy of the application to the Administrator.
  • Duty of Administrator. Within 30 days of the effective date of this Code, the Administrator shall inform the applicant(s) in writing that the application is subject to and will be processed in accordance with the provisions of this Code. Within 30 days of the mailed notice, the applicant may refile the application, without fee, on the basis of this Code. If the applicant does not refile the application, the application may be denied for noncompliance with the provisions of this Code.
  • Duty of Applicant. Notwithstanding the provisions of this Section, it shall be the responsibility of each applicant having an application pending on the effective date of this Code, to modify the application in accordance with the standards, procedures, and regulatory provisions of this Code. Any modification or refiling of an application shall be permitted at any time prior to the final disposition of the application, and shall be permitted without payment of any additional application fees.

    • (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.01.080 Development Approvals and Building Permits that Predate this Code

  • Generally. It is the intent of the City to respect existing development approvals and building permits. Approved development and building plans may be carried out within the scope of the approved plans, including applicable standards and codes in effect at the time of approval, provided that the approval is valid and has not expired as set out in Subsection 25.06.070.6, Termination of Inactive Applications.
  • Right to Complete Construction. Nothing in this Code shall be deemed to require any change in the plans, construction, or designated use of any structure in the event that:
    1. A building permit for a structure was lawfully issued prior to the effective date of this Code; and
    2. The building permit had not by its own terms expired prior to the effective date of this Code, as set out in Subsection 25.06.070.6, Termination of Inactive Applications; and
    3. There has been a substantial change of position, substantial expenditures, or substantial obligations incurred by the permit holder in reliance on such permit;
    4. A change of position, expenditures, or incurred obligations occurred prior to the time the permit holder had actual or constructive knowledge of this Code which would, upon adoption, make the issuance of the building permit illegal; and
    5. Construction pursuant to the building permit was commenced prior to the expiration of the permit and within 90 days of the effective date of this Code and is thereafter diligently pursued to completion.
  • Right to Occupy. Upon completion pursuant to Item 2, Right to Complete Construction, above, a structure may be occupied by, and a certificate of occupancy shall be issued for, the use designated on the building permit, subject thereafter to the provisions of Subchapter 25.06-C, Nonconformities.
  • Duration of Approvals. Development approvals that are valid on the effective date of this Code are valid for the duration specified in or at the time of approval. If no duration was in effect at the time of the approval, the respective approval shall expire in accordance with Subsection 25.06.070.6, Termination of Inactive Applications.
  • Scope of Approvals. This Section shall not be interpreted to confer rights upon an applicant that are not set out within the approved documents associated with each permit.

    • (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.01.090 Variances and Limited and Conditional Use Permits

  • Existing Variances and Limited and Conditional Use Permits. Any variance, limited use permit, or conditional use permit lawfully issued for a lot or parcel of land prior to the effective date of this Code, which could be lawfully issued pursuant to the provisions of this Code shall be deemed to be valid. Any structure or use of land lawfully authorized by any variance, limited use permit, or conditional use permit, which could not be issued after the effective date of this Code shall be allowed to continue subject to the provisions of Subchapter 25.06-C, Nonconformities.  In all cases, variances and limited and conditional uses run with the land, not an applicant or owner.
  • Existing Uses of Right to Conditional and Limited Uses. Any existing structure or use of land established as of right for a lot or parcel of land under any previous regulations in which it is listed as a conditional or limited use in this Code shall be a lawful conditional or limited use of land upon the adoption of this Code; provided, however, that any such existing structure or use of land that is vacated, abandoned, or for which there is a change of ownership shall be null and void. Such conditional or limited use status is subject to the provisions of Subchapter 25.06-C, Nonconformities.

    • (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.01.100 Prior Conditions of Approval

  • Generally. Conditions of development approvals that were granted prior to the effective date remain in force, regardless of the standards of this Code.
  • Modification or Elimination of Conditions. Conditions of approvals that were imposed prior to the effective date may be modified or eliminated pursuant to new applications that meet the procedures and standards of this Code.

    • (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.01.110 Annexed Property

  • Generally. Zoning of annexed land or land in the process of annexation is an initial zoning. The standards and procedures that apply to zoning of annexed land are the same as those applied to a rezoning of property within the City limits. See Subsection 25.06.090.15, Zone Change (rezoning).
  • Timing of Adoption of Zoning. An ordinance proposing zoning of a parcel or parcels to be annexed shall not be finally adopted by the City Council before the date of final adoption of the annexation ordinance, but the annexation ordinance may include the zoning for the annexed property.
  • Zoning of Annexed Land. Upon annexation of land into the City, the City may process an application for an initial zoning designation as set out in Item 4, Zoning by Petition, below, or may designate a newly annexed property's zoning upon its own initiative, in conjunction with annexation proceedings. Land that is not otherwise zoned by the City during the annexation process is zoned Rural Residential (RR) upon annexation until rezoned to another district.
  • Zoning by Petition. A petition may be filed with the Planning and Zoning Commission (hereinafter referred to as "Commission") and the City Council requesting a different zoning classification so that when a parcel is annexed it will, immediately upon annexation, be classified in a zoning district other than Rural Residential (RR). The petition shall be acted upon by the Commission and the City Council in the same manner and with the same procedures as with any other amendment to the zoning map as set out in Subsection 25.06.090.15, Zone Change (rezoning). A petition may not be filed unless a petition for voluntary annexation has been filed with the City and the Administrator determines that its eventual approval by the City and State of Iowa is likely. The property in question must be specifically described, and the proposed zoning classification upon annexation must be clearly stated.

    • (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.01.120 Planned Developments

  • Final Plan Approval. Either independent or overlay planned developments that were granted approval and for which construction is complete or is in progress prior to the effective date of this Code may be carried out and shall be governed according to the terms and conditions of their approvals, unless expressly repealed or modified by the City Council under this Code. Unless otherwise stated in their conditions of approval, if planned development site plan approval was not obtained within one year of the development concept plan approval, the development approval is expired. If construction has not commenced within one year after approval of a planned development site plan, the site plan approval and permits based on such approval are void, as set out in Subsection 25.06.09.110, Planned Development Site Plan.
  • Resubmission Required. If a planned development site plan has received final approval of the City Council, the rights conferred upon the applicant shall not be disturbed for one year. If construction has not commenced within such time, thereafter, the planned development site plan shall be in accordance with the standards and procedures of Subsection 25.06.09.110, Planned Development Site Plan.
  • Alteration. If approval of a planned development site plan occurred within one year of the development concept plan approval and construction commenced within one year after approval of the planned development site plan, any alteration of the previously approved planned development site plan shall be in accordance with the standards and procedures of this Code.
  • No Planned Development Site Plan Filed. If no planned development site plan has been filed as of the effective date of this Code, the provisions of this Code shall apply.
  • Phased Approval. For a plan that was to be developed in phases, after the effective date of this Code, site plan approval in accordance with the standards and procedures of this Code may be sought for each subsequent phase of development, provided that a site plan was obtained by ordinance for the first phase of development within one year of the development concept plan approval.

    • (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.01.130 Existing Violations

  • Generally. Any violation of previous versions of the City's zoning regulations shall continue to be a violation under this Code and shall be subject to the penalties and enforcement set out in Section 25.06.160, Enforcement Procedures, as well as those set out in the Municipal Code.
  • Fines and Penalties. Payment of fines shall be required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered a violation under this Code.

    • (Ord. 2015-0215)

    Effective on: 1/1/1901