Zoneomics Logo
search icon

Sioux City City Zoning Code

CHAPTER 25

02 Zoning Districts and Land Uses

Sec. 25.02.010 Purpose

The purpose of Chapter 25.02, Zoning Districts and Land Uses, is to establish zoning districts and to set out allowed, limited, conditional, and prohibited uses in each district.

(Ord. 2015-0215)

Effective on: 1/1/1901

Sec. 25.02.020 Application

  • Generally. This Chapter:
    1. Divides the City into zoning districts; and
    2. Sets out which land uses are permitted by right (allowed), allowed subject to special standards (limited) or processes (conditional), and not allowed (prohibited) in each zoning district.
  • Zoning Districts. Set out in Subchapter 25.02-B, Zoning Districts, is the districts that provide for the character and type of development that is allowed in various parts of the City. The zoning districts are shown on the Official Zoning Map, which is established in Section 25.02.030, Official Zoning Map.
  • Allowed, Limited, Conditional, and Prohibited Uses. Established in Subchapter 25.02-C, Land Uses, is a series of tables that establish which uses are allowed, allowed subject to special standards and/or processes, and not allowed in each zoning district. In general, land uses are either allowed or prohibited in each zoning district. However, for some uses, there are other classifications:
    1. Limited Uses. Limited uses may be approved by the Administrator, or a designee, according to the procedures set out in Subsection 25.06.080.3, Certificate of Zoning Compliance (permitted and limited uses); and
    2. Conditional Uses. Conditional uses may be approved after a public hearing by the Board of Adjustment, which may apply general and/or special standards to ensure that the use is compatible with adjacent land uses and the community as a whole. See Subsection 25.06.090.7, Conditional Use Permit.
  • Temporary Uses. Set out in Subchapter 25.02-E, Temporary Uses, is the standards for the approval of temporary uses, including, but not limited to, public, commercial, and neighborhood events, as well as temporary construction, storage, and refuse collection uses.
  • (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.02.030 Official Zoning Map

  • Generally. Zoning districts are shown on the atlas of maps entitled "Official Zoning Map" of the City of Sioux City (referred to hereinafter as "Zoning Map"). The Zoning Map is attached and made part of this Code. An official copy of the Zoning Map is on file and available for inspection during regular business hours at the Community Development Department, Planning Division (hereinafter, referred to as Department).
  • Force and Effect. The Zoning Map and all notations, references, and other information shown on it are a part of this Code and have the same force and effect as the text of this Code, as certified and maintained by the City Clerk, or a designee.
  • Map Amendments. Any amendment to the zoning classification on the Zoning Map shall include the legal description of the land involved, and extending to the centerline(s) of abutting rights-of-way, and shall be promptly and permanently noted on the face of the map in the custody of the City Clerk, or a designee.
  • Omitted Land. It is the intent that the entire area of the City, including all land and water areas, rivers, streets, alleys, railroads, and other rights-of-way, is included in the zones established by this Code. Any area not shown on the Zoning Map as being included in a specific zone shall be deemed to be, and it is hereby classified in the Rural Residential (RR) district.
  • Status of the Official Zoning Map. The Zoning Map that is certified and maintained by the City Clerk, or a designee, and on file at the Department shall control in the event of a conflict between the map that is on file and any other reproduction of the Zoning Map.
  • Effective Date. This Code may be adopted before the Zoning Map. In such case, this Code will not become effective until the Zoning Map is adopted.
  • Interpreting the Zoning Map. Where the Zoning Map appears to be unclear regarding the location of district boundaries, the Administrator, or at the Administrator's discretion, the Commission, shall make a determination using the following criteria:
    1. Rights-of-Way or Easements. Where boundary lines appear to follow existing streets, alleys, railroad tracks, utility lines, or similar features, the zoning boundary shall be construed to follow the center line of the rights-of-way or easement of such features. Where the location of these features on the ground differs from that shown on the Zoning Map, the features on the ground control.
    2. Property Lines. Where the boundaries are indicated as approximately following property or other lot lines, such lines shall be construed to be the boundaries.
    3. Watercourses. Boundaries shown as following, or approximately following, the shoreline or centerline of drainage ways, rivers, streams, water bodies, or other watercourses shall be construed as following the channel shoreline or centerline. In the event of a natural change in the location of such streams or other watercourses, the zoning district boundary shall be construed as moving with the channel shoreline or centerline.
    4. Un-subdivided Land or No Identifiable Feature. On un-subdivided land, or where a district boundary follows no identifiable feature, the location of the boundary, unless the same is indicated by dimensions, shall be determined by applying, in order, the following rules:
      1. Legal Description. The boundary shall be according to the legal description in the ordinance establishing the district boundaries;
      2. Text Dimensions. The boundary shall be located by reference to dimensions shown in the text on the Zoning Map, if any; or
      3. Map Scale. The boundary shall be located using the map scale appearing on the Zoning Map.
    5. Floodplain Boundaries. When not otherwise determined, the boundaries of flood zones shall follow contour or elevation lines at the elevation above sea level indicated on the official Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM). Elevations between stream cross-sections on the FHBM or FIRM shall be determined by proportional interpolation.
    6. Vacation or Abandonment. Where a public street, alley, or parcel of land is officially vacated or abandoned, the regulations applicable to the abutting property apply equally to the vacated or abandoned street, alley, or parcel of land.
    7. Designation of Un-designated Land. For the purposes of ensuring that all land has a zoning designation, any land that is not assigned a zoning district on the Zoning Map is zoned Rural Residential (RR).
  • Conflicts Resolved. In the event of a conflict between the district boundaries on the Zoning Map and the zoning of property provided by a duly enacted rezoning ordinance adopted before the effective date of this Code, the Zoning Map shall control. In case of doubt or dispute, the boundary lines shall be determined by the Board of Adjustment upon receiving an appeal from a ruling of the Administrator, provided the jurisdiction of the Board of Adjustment shall not include the interpretation of the boundaries of flood zones.
  • (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.02.040 Zoning Districts

    The zoning districts are categorized into 16 zoning district classifications, which are labeled below and set out and described in Table 25.02.040, Zoning Districts. The classifications include:

    Residential

    1. Agriculture (AG)
    2. Rural Residential (RR)
    3. Suburban Residential (SR)
    4. General Residential (GR)
    5. Urban Residential (UR)
    6. Neighborhood Conservation (NC)

    Mixed Use District

    1. Mixed Use (MU)

    Nonresidential Districts

    1. Suburban Commercial (SC)
    2. General Commercial (GC)
    3. Downtown Commercial (DC)
    4. Business Park (BP)
    5. General Industrial (GI)

    Overlay and Special Districts

    1. Airport Protection (AP)
    2. Casino Entertainment (CE)
    3. Historic Area (HA)
    4. Public and Institutional (PI)
    Table 25.02.040
    Zoning Districts
    District Neighborhood Type The purpose of the district and neighborhood type are to provide for:
    Name Equivalent District
    Residential
    Agriculture AG Farm the preservation and continuation of agricultural use of land around the periphery and on the fringes of the City limits where infrastructure is not available and urban development is premature or inappropriate.
    Rural Residential (RR) AG Acreage agricultural use while accommodating residential development at a very low density. The purpose of this option is to preserve rural character and to manage growth on the periphery of the City limits.
    n/a Ranchettesubdivision of small acreages that have a high percentage of open space to maintain rural character. This neighborhood type allows subdivision with on-site utilities.
    n/a Homestead conservation development for a rural neighborhood with large lots and a high percentage of common open space around clustered home sites. The common space may be used for agricultural purposes or to protect environmental resources (e.g. Loess Hills, woodlands, wetlands, steep slopes, prairie habitat, etc.).
    Suburban Residential (SR) R Standard a small acreage or large lot development on the fringe of the urbanized area. This option allows subdivision with on-site utilities.
    RE Cluster clustering of moderately sized lots with an increased percentage of common space, which may be used to preserve environmental resources, provide open space for recreational amenities, or for agricultural purposes.
    RS-120 Planned a planned neighborhood environment that has a high percentage of common space that may be used to preserve environmental resources, provide open space for recreational amenities, buffer housing types or adjacent development, or for agricultural purposes.
    General Residential (GR) RS-120 Standard moderately large sized lots for single family detached dwellings in a conventional neighborhood environment.
    RS-70 Standard standard-sized lots for single family detached dwellings with a moderate amount of common space to maintain the intended character of the district and to provide for recreational amenities, buffering of adjacent development, and resource protection.
    RD-60 Cluster smaller sized lots for single family detached and attached dwellings with an increased amount of common space to maintain the intended character of the district and to provide for buffering between housing types or adjacent development, recreational amenities, and resource protection.

    RG-50, RG-28,

    RG-20, RG-8

    Planned a variety of housing types in a planned neighborhood environment, which may include single-family detached and attached dwellings, or multiple-family dwellings. A high percentage of common space is used to preserve the intended character of the district while providing for buffering between lower and higher density housing types and adjacent development and streets, as well as for recreational amenities and resource protection.
    Urban Residential (UR)

    RD-60, RG-50, RG-28,

    RG-20, RG-8

    Cottage a variety of single-family detached and attached developments on small lots, with either street or, in a traditional neighborhood development, alley access.
    Village a variety of single-family detached, attached, and multiple-family dwelling types on individual lots or larger parcels creating a relatively dense urban setting.
    Downtown Loft mid-rise buildings for single or work-live uses in the Downtown Commercial (DC) or in a Mixed Use (MU) District.
    Established Neighborhoods
    District Equivalent District Predominant Housing Type The purpose of this district is to provide for:
    Neighborhood Conservation (NC)

    RS-120, RS-70, RD-60,

    RG-50, RG-28, RG-20, RG-8

    NC.1: Single-family detached dwellings low-density, single-family detached neighborhoods on lots that are one acre and larger.
    NC.2: Single-family detached dwellings low density, single-family detached neighborhoods on moderate sized lots.
    NC.3: Single-family detached and single-family attached dwellings a mixture of single-family detached and single-family attached dwellings on small lots.
    NC.4: Single-family detached, single-family attached, and multiple-family dwellings a variety of housing types in a mixed housing neighborhood.
    NC.5: Single-family detached, single-family attached, multiple-family dwellings, plus additional uses a variety of housing types and other allowed uses in a mixed-use environment, with improved standards for compatibility through conditional use approval.
    District Function The purpose of this district is to provide for:
    Name Equivalent District
    Mixed Use
    Mixed Use (MU) n/a Infill development, redevelopment, and adaptive reuse of existing buildings for mixed residential and commercial uses

    a planned mixture of residential and commercial uses, which may be for transitioning areas along corridors, infill and redevelopment sites, or a planned, mixed use development. A mixed use development plan requires a development concept plan and planned development site plan.

    Nonresidential
    Suburban Commercial (SC) BN, BNH Limited-scale commercial uses in near proximity to residential neighborhoods neighborhood convenience uses, with building and site design standards that are compatible and cohesive with abutting and adjacent residential uses.
    General Commercial (GC) BC, BG Commercial retail, service, and office uses arranged on individual sites or in multi-tenant centers a broad range of smaller and larger scale commercial use types situated on parcels that have on-site parking.
    Downtown Commercial (DC) BGM A mixture of higher density and upper floor residential uses and civic, institutional, professional, and retail uses in a traditional downtown setting an urban setting of a traditional (and historical) downtown with vertically mixed use buildings that are built to the street and where parking is provided mostly on-street or in structured parking garages, with surface parking for multiple uses.
    Business Park (BP) ML Professional services, research, technology, and light manufacturing or assembly an office, research, and technology park with enhanced site and building standards to create a high quality, campus-like employment center. This district may also provide for heavy commercial and light industrial uses provided their operations are conducted indoors and on-site storage and truck traffic is limited.
    General Industrial (GI) MA, MH Heavier commercial businesses and light and heavy industrial uses more intensive industrial uses that may include manufacturing, fabrication, and warehousing with both indoor and outdoor operations, on-site storage and display, and may have heavy truck traffic. Environmental effects likely associated with these industrial uses include noise, light, odor, vibration, and other visible and sensory impacts.
    Special and Overlay Districts
    Airport Protection (AP) AP, AH Protect airport operations and environmental impacts protection against the encroachment of incompatible uses and to protect safe airport operations.
    Casino Entertainment (CE) Gambling, entertainment, and tourism gambling casinos and other entertainment and associated retail and service uses which, due to the scale and unique characteristics of the use, warrants special planning considerations and approval procedures.
    Historic Area (HA) HC-1, HC-2 Historic preservation preservation and protection of the City's historically and architecturally significant districts, sites, and landmarks that have local, statewide, or national significance.
    Public and Institutional (PI) n/a Public service, institutional, utility, and assembly uses, e.g., government and school buildings and facilities, utility stations, parks and open spaces public, semi-public, and institutional land uses that are unique in nature and scale and thus, most appropriate in their own district and subject to their own standards.
    Table 25.02.040
    Zoning Districts
    District Neighborhood Type The purpose of the district and neighborhood type are to provide for:
    Name Equivalent District
    Residential
    Agriculture AG Farm the preservation and continuation of agricultural use of land around the periphery and on the fringes of the City limits where infrastructure is not available and urban development is premature or inappropriate.
    Rural Residential (RR) AG Acreage agricultural use while accommodating residential development at a very low density. The purpose of this option is to preserve rural character and to manage growth on the periphery of the City limits.
    n/a Ranchettesubdivision of small acreages that have a high percentage of open space to maintain rural character. This neighborhood type allows subdivision with on-site utilities.
    n/a Homestead conservation development for a rural neighborhood with large lots and a high percentage of common open space around clustered home sites. The common space may be used for agricultural purposes or to protect environmental resources (e.g. Loess Hills, woodlands, wetlands, steep slopes, prairie habitat, etc.).
    Suburban Residential (SR) R Standard a small acreage or large lot development on the fringe of the urbanized area. This option allows subdivision with on-site utilities.
    RE Cluster clustering of moderately sized lots with an increased percentage of common space, which may be used to preserve environmental resources, provide open space for recreational amenities, or for agricultural purposes.
    RS-120 Planned a planned neighborhood environment that has a high percentage of common space that may be used to preserve environmental resources, provide open space for recreational amenities, buffer housing types or adjacent development, or for agricultural purposes.
    General Residential (GR) RS-120 Standard moderately large sized lots for single family detached dwellings in a conventional neighborhood environment.
    RS-70 Standard standard-sized lots for single family detached dwellings with a moderate amount of common space to maintain the intended character of the district and to provide for recreational amenities, buffering of adjacent development, and resource protection.
    RD-60 Cluster smaller sized lots for single family detached and attached dwellings with an increased amount of common space to maintain the intended character of the district and to provide for buffering between housing types or adjacent development, recreational amenities, and resource protection.

    RG-50, RG-28,

    RG-20, RG-8

    Planned a variety of housing types in a planned neighborhood environment, which may include single-family detached and attached dwellings, or multiple-family dwellings. A high percentage of common space is used to preserve the intended character of the district while providing for buffering between lower and higher density housing types and adjacent development and streets, as well as for recreational amenities and resource protection.
    Urban Residential (UR)

    RD-60, RG-50, RG-28,

    RG-20, RG-8

    Cottage a variety of single-family detached and attached developments on small lots, with either street or, in a traditional neighborhood development, alley access.
    Village a variety of single-family detached, attached, and multiple-family dwelling types on individual lots or larger parcels creating a relatively dense urban setting.
    Downtown Loft mid-rise buildings for single or work-live uses in the Downtown Commercial (DC) or in a Mixed Use (MU) District.
    Established Neighborhoods
    District Equivalent District Predominant Housing Type The purpose of this district is to provide for:
    Neighborhood Conservation (NC)

    RS-120, RS-70, RD-60,

    RG-50, RG-28, RG-20, RG-8

    NC.1: Single-family detached dwellings low-density, single-family detached neighborhoods on lots that are one acre and larger.
    NC.2: Single-family detached dwellings low density, single-family detached neighborhoods on moderate sized lots.
    NC.3: Single-family detached and single-family attached dwellings a mixture of single-family detached and single-family attached dwellings on small lots.
    NC.4: Single-family detached, single-family attached, and multiple-family dwellings a variety of housing types in a mixed housing neighborhood.
    NC.5: Single-family detached, single-family attached, multiple-family dwellings, plus additional uses a variety of housing types and other allowed uses in a mixed-use environment, with improved standards for compatibility through conditional use approval.
    District Function The purpose of this district is to provide for:
    Name Equivalent District
    Mixed Use
    Mixed Use (MU) n/a Infill development, redevelopment, and adaptive reuse of existing buildings for mixed residential and commercial uses

    a planned mixture of residential and commercial uses, which may be for transitioning areas along corridors, infill and redevelopment sites, or a planned, mixed use development. A mixed use development plan requires a development concept plan and planned development site plan.

    Nonresidential
    Suburban Commercial (SC) BN, BNH Limited-scale commercial uses in near proximity to residential neighborhoods neighborhood convenience uses, with building and site design standards that are compatible and cohesive with abutting and adjacent residential uses.
    General Commercial (GC) BC, BG Commercial retail, service, and office uses arranged on individual sites or in multi-tenant centers a broad range of smaller and larger scale commercial use types situated on parcels that have on-site parking.
    Downtown Commercial (DC) BGM A mixture of higher density and upper floor residential uses and civic, institutional, professional, and retail uses in a traditional downtown setting an urban setting of a traditional (and historical) downtown with vertically mixed use buildings that are built to the street and where parking is provided mostly on-street or in structured parking garages, with surface parking for multiple uses.
    Business Park (BP) ML Professional services, research, technology, and light manufacturing or assembly an office, research, and technology park with enhanced site and building standards to create a high quality, campus-like employment center. This district may also provide for heavy commercial and light industrial uses provided their operations are conducted indoors and on-site storage and truck traffic is limited.
    General Industrial (GI) MA, MH Heavier commercial businesses and light and heavy industrial uses more intensive industrial uses that may include manufacturing, fabrication, and warehousing with both indoor and outdoor operations, on-site storage and display, and may have heavy truck traffic. Environmental effects likely associated with these industrial uses include noise, light, odor, vibration, and other visible and sensory impacts.
    Special and Overlay Districts
    Airport Protection (AP) AP, AH Protect airport operations and environmental impacts protection against the encroachment of incompatible uses and to protect safe airport operations.
    Casino Entertainment (CE) Gambling, entertainment, and tourism gambling casinos and other entertainment and associated retail and service uses which, due to the scale and unique characteristics of the use, warrants special planning considerations and approval procedures.
    Historic Area (HA) HC-1, HC-2 Historic preservation preservation and protection of the City's historically and architecturally significant districts, sites, and landmarks that have local, statewide, or national significance.
    Public and Institutional (PI) n/a Public service, institutional, utility, and assembly uses, e.g., government and school buildings and facilities, utility stations, parks and open spaces public, semi-public, and institutional land uses that are unique in nature and scale and thus, most appropriate in their own district and subject to their own standards.
    Table 25.02.040
    Zoning Districts
    District Neighborhood Type The purpose of the district and neighborhood type are to provide for:
    Name Equivalent District
    Residential
    Agriculture AG Farm the preservation and continuation of agricultural use of land around the periphery and on the fringes of the City limits where infrastructure is not available and urban development is premature or inappropriate.
    Rural Residential (RR) AG Acreage agricultural use while accommodating residential development at a very low density. The purpose of this option is to preserve rural character and to manage growth on the periphery of the City limits.
    n/a Ranchettesubdivision of small acreages that have a high percentage of open space to maintain rural character. This neighborhood type allows subdivision with on-site utilities.
    n/a Homestead conservation development for a rural neighborhood with large lots and a high percentage of common open space around clustered home sites. The common space may be used for agricultural purposes or to protect environmental resources (e.g. Loess Hills, woodlands, wetlands, steep slopes, prairie habitat, etc.).
    Suburban Residential (SR) R Standard a small acreage or large lot development on the fringe of the urbanized area. This option allows subdivision with on-site utilities.
    RE Cluster clustering of moderately sized lots with an increased percentage of common space, which may be used to preserve environmental resources, provide open space for recreational amenities, or for agricultural purposes.
    RS-120 Planned a planned neighborhood environment that has a high percentage of common space that may be used to preserve environmental resources, provide open space for recreational amenities, buffer housing types or adjacent development, or for agricultural purposes.
    General Residential (GR) RS-120 Standard moderately large sized lots for single family detached dwellings in a conventional neighborhood environment.
    RS-70 Standard standard-sized lots for single family detached dwellings with a moderate amount of common space to maintain the intended character of the district and to provide for recreational amenities, buffering of adjacent development, and resource protection.
    RD-60 Cluster smaller sized lots for single family detached and attached dwellings with an increased amount of common space to maintain the intended character of the district and to provide for buffering between housing types or adjacent development, recreational amenities, and resource protection.

    RG-50, RG-28,

    RG-20, RG-8

    Planned a variety of housing types in a planned neighborhood environment, which may include single-family detached and attached dwellings, or multiple-family dwellings. A high percentage of common space is used to preserve the intended character of the district while providing for buffering between lower and higher density housing types and adjacent development and streets, as well as for recreational amenities and resource protection.
    Urban Residential (UR)

    RD-60, RG-50, RG-28,

    RG-20, RG-8

    Cottage a variety of single-family detached and attached developments on small lots, with either street or, in a traditional neighborhood development, alley access.
    Village a variety of single-family detached, attached, and multiple-family dwelling types on individual lots or larger parcels creating a relatively dense urban setting.
    Downtown Loft mid-rise buildings for single or work-live uses in the Downtown Commercial (DC) or in a Mixed Use (MU) District.
    Established Neighborhoods
    District Equivalent District Predominant Housing Type The purpose of this district is to provide for:
    Neighborhood Conservation (NC)

    RS-120, RS-70, RD-60,

    RG-50, RG-28, RG-20, RG-8

    NC.1: Single-family detached dwellings low-density, single-family detached neighborhoods on lots that are one acre and larger.
    NC.2: Single-family detached dwellings low density, single-family detached neighborhoods on moderate sized lots.
    NC.3: Single-family detached and single-family attached dwellings a mixture of single-family detached and single-family attached dwellings on small lots.
    NC.4: Single-family detached, single-family attached, and multiple-family dwellings a variety of housing types in a mixed housing neighborhood.
    NC.5: Single-family detached, single-family attached, multiple-family dwellings, plus additional uses a variety of housing types and other allowed uses in a mixed-use environment, with improved standards for compatibility through conditional use approval.
    District Function The purpose of this district is to provide for:
    Name Equivalent District
    Mixed Use
    Mixed Use (MU) n/a Infill development, redevelopment, and adaptive reuse of existing buildings for mixed residential and commercial uses

    a planned mixture of residential and commercial uses, which may be for transitioning areas along corridors, infill and redevelopment sites, or a planned, mixed use development. A mixed use development plan requires a development concept plan and planned development site plan.

    Nonresidential
    Suburban Commercial (SC) BN, BNH Limited-scale commercial uses in near proximity to residential neighborhoods neighborhood convenience uses, with building and site design standards that are compatible and cohesive with abutting and adjacent residential uses.
    General Commercial (GC) BC, BG Commercial retail, service, and office uses arranged on individual sites or in multi-tenant centers a broad range of smaller and larger scale commercial use types situated on parcels that have on-site parking.
    Downtown Commercial (DC) BGM A mixture of higher density and upper floor residential uses and civic, institutional, professional, and retail uses in a traditional downtown setting an urban setting of a traditional (and historical) downtown with vertically mixed use buildings that are built to the street and where parking is provided mostly on-street or in structured parking garages, with surface parking for multiple uses.
    Business Park (BP) ML Professional services, research, technology, and light manufacturing or assembly an office, research, and technology park with enhanced site and building standards to create a high quality, campus-like employment center. This district may also provide for heavy commercial and light industrial uses provided their operations are conducted indoors and on-site storage and truck traffic is limited.
    General Industrial (GI) MA, MH Heavier commercial businesses and light and heavy industrial uses more intensive industrial uses that may include manufacturing, fabrication, and warehousing with both indoor and outdoor operations, on-site storage and display, and may have heavy truck traffic. Environmental effects likely associated with these industrial uses include noise, light, odor, vibration, and other visible and sensory impacts.
    Special and Overlay Districts
    Airport Protection (AP) AP, AH Protect airport operations and environmental impacts protection against the encroachment of incompatible uses and to protect safe airport operations.
    Casino Entertainment (CE) Gambling, entertainment, and tourism gambling casinos and other entertainment and associated retail and service uses which, due to the scale and unique characteristics of the use, warrants special planning considerations and approval procedures.
    Historic Area (HA) HC-1, HC-2 Historic preservation preservation and protection of the City's historically and architecturally significant districts, sites, and landmarks that have local, statewide, or national significance.
    Public and Institutional (PI) n/a Public service, institutional, utility, and assembly uses, e.g., government and school buildings and facilities, utility stations, parks and open spaces public, semi-public, and institutional land uses that are unique in nature and scale and thus, most appropriate in their own district and subject to their own standards.
    Table 25.02.040
    Zoning Districts
    District Neighborhood Type The purpose of the district and neighborhood type are to provide for:
    Name Equivalent District
    Residential
    Agriculture AG Farm the preservation and continuation of agricultural use of land around the periphery and on the fringes of the City limits where infrastructure is not available and urban development is premature or inappropriate.
    Rural Residential (RR) AG Acreage agricultural use while accommodating residential development at a very low density. The purpose of this option is to preserve rural character and to manage growth on the periphery of the City limits.
    n/a Ranchettesubdivision of small acreages that have a high percentage of open space to maintain rural character. This neighborhood type allows subdivision with on-site utilities.
    n/a Homestead conservation development for a rural neighborhood with large lots and a high percentage of common open space around clustered home sites. The common space may be used for agricultural purposes or to protect environmental resources (e.g. Loess Hills, woodlands, wetlands, steep slopes, prairie habitat, etc.).
    Suburban Residential (SR) R Standard a small acreage or large lot development on the fringe of the urbanized area. This option allows subdivision with on-site utilities.
    RE Cluster clustering of moderately sized lots with an increased percentage of common space, which may be used to preserve environmental resources, provide open space for recreational amenities, or for agricultural purposes.
    RS-120 Planned a planned neighborhood environment that has a high percentage of common space that may be used to preserve environmental resources, provide open space for recreational amenities, buffer housing types or adjacent development, or for agricultural purposes.
    General Residential (GR) RS-120 Standard moderately large sized lots for single family detached dwellings in a conventional neighborhood environment.
    RS-70 Standard standard-sized lots for single family detached dwellings with a moderate amount of common space to maintain the intended character of the district and to provide for recreational amenities, buffering of adjacent development, and resource protection.
    RD-60 Cluster smaller sized lots for single family detached and attached dwellings with an increased amount of common space to maintain the intended character of the district and to provide for buffering between housing types or adjacent development, recreational amenities, and resource protection.

    RG-50, RG-28,

    RG-20, RG-8

    Planned a variety of housing types in a planned neighborhood environment, which may include single-family detached and attached dwellings, or multiple-family dwellings. A high percentage of common space is used to preserve the intended character of the district while providing for buffering between lower and higher density housing types and adjacent development and streets, as well as for recreational amenities and resource protection.
    Urban Residential (UR)

    RD-60, RG-50, RG-28,

    RG-20, RG-8

    Cottage a variety of single-family detached and attached developments on small lots, with either street or, in a traditional neighborhood development, alley access.
    Village a variety of single-family detached, attached, and multiple-family dwelling types on individual lots or larger parcels creating a relatively dense urban setting.
    Downtown Loft mid-rise buildings for single or work-live uses in the Downtown Commercial (DC) or in a Mixed Use (MU) District.
    Established Neighborhoods
    District Equivalent District Predominant Housing Type The purpose of this district is to provide for:
    Neighborhood Conservation (NC)

    RS-120, RS-70, RD-60,

    RG-50, RG-28, RG-20, RG-8

    NC.1: Single-family detached dwellings low-density, single-family detached neighborhoods on lots that are one acre and larger.
    NC.2: Single-family detached dwellings low density, single-family detached neighborhoods on moderate sized lots.
    NC.3: Single-family detached and single-family attached dwellings a mixture of single-family detached and single-family attached dwellings on small lots.
    NC.4: Single-family detached, single-family attached, and multiple-family dwellings a variety of housing types in a mixed housing neighborhood.
    NC.5: Single-family detached, single-family attached, multiple-family dwellings, plus additional uses a variety of housing types and other allowed uses in a mixed-use environment, with improved standards for compatibility through conditional use approval.
    District Function The purpose of this district is to provide for:
    Name Equivalent District
    Mixed Use
    Mixed Use (MU) n/a Infill development, redevelopment, and adaptive reuse of existing buildings for mixed residential and commercial uses

    a planned mixture of residential and commercial uses, which may be for transitioning areas along corridors, infill and redevelopment sites, or a planned, mixed use development. A mixed use development plan requires a development concept plan and planned development site plan.

    Nonresidential
    Suburban Commercial (SC) BN, BNH Limited-scale commercial uses in near proximity to residential neighborhoods neighborhood convenience uses, with building and site design standards that are compatible and cohesive with abutting and adjacent residential uses.
    General Commercial (GC) BC, BG Commercial retail, service, and office uses arranged on individual sites or in multi-tenant centers a broad range of smaller and larger scale commercial use types situated on parcels that have on-site parking.
    Downtown Commercial (DC) BGM A mixture of higher density and upper floor residential uses and civic, institutional, professional, and retail uses in a traditional downtown setting an urban setting of a traditional (and historical) downtown with vertically mixed use buildings that are built to the street and where parking is provided mostly on-street or in structured parking garages, with surface parking for multiple uses.
    Business Park (BP) ML Professional services, research, technology, and light manufacturing or assembly an office, research, and technology park with enhanced site and building standards to create a high quality, campus-like employment center. This district may also provide for heavy commercial and light industrial uses provided their operations are conducted indoors and on-site storage and truck traffic is limited.
    General Industrial (GI) MA, MH Heavier commercial businesses and light and heavy industrial uses more intensive industrial uses that may include manufacturing, fabrication, and warehousing with both indoor and outdoor operations, on-site storage and display, and may have heavy truck traffic. Environmental effects likely associated with these industrial uses include noise, light, odor, vibration, and other visible and sensory impacts.
    Special and Overlay Districts
    Airport Protection (AP) AP, AH Protect airport operations and environmental impacts protection against the encroachment of incompatible uses and to protect safe airport operations.
    Casino Entertainment (CE) Gambling, entertainment, and tourism gambling casinos and other entertainment and associated retail and service uses which, due to the scale and unique characteristics of the use, warrants special planning considerations and approval procedures.
    Historic Area (HA) HC-1, HC-2 Historic preservation preservation and protection of the City's historically and architecturally significant districts, sites, and landmarks that have local, statewide, or national significance.
    Public and Institutional (PI) n/a Public service, institutional, utility, and assembly uses, e.g., government and school buildings and facilities, utility stations, parks and open spaces public, semi-public, and institutional land uses that are unique in nature and scale and thus, most appropriate in their own district and subject to their own standards.

    (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.02.050 Neighborhood Conservation Districts

  • Purpose. The purpose of this Section is to:
    1. General Standards. Establish general development standards for residential lots in the NC.1, NC.2, NC.3, NC.4, and NC.5 sub-districts, which apply to development of vacant lots or the redevelopment or expansion of existing buildings in platted neighborhoods; and
    2. Alternate Standards. Establish alternative development standards for residential lots in the NC.1, NC.2, NC.3, NC.4, and NC.5 sub-districts, which apply to the expansion or reconfiguration of existing buildings when the expansion or reconfiguration does not comply with the standards set out in Section 25.03.020, Standards for Established Neighborhoods.
  • Application. This Section applies to development within the NC.1, NC.2, NC.3, NC.4, and NC.5 sub-districts, including:
    1. Compliance with Standards. New development, redevelopment, and building modifications or expansions that comply with the standards set out in Subsection 25.03.020.3, Development Standards, for the applicable district are allowed in that district.
    2. Noncompliance with Standards. If a proposed building modification or expansion does not comply with the standards set out in Subsection 25.03.020.3, Development Standards, then the application shall be evaluated according to the alternative setback standards of Subsection 25.03.020.4, Alternative Standards.
  • (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.02.070 Generally

    The tables set out in this Section describe which land uses are permitted (allowed), allowed subject to special standards (limited) or processes (conditional), and not allowed (prohibited) in each residential, mixed use, nonresidential, and overlay and special zoning district.

    (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.02.080 Legend

  • The tables in this Section list the applicable land uses in rows, organized by category. The zoning districts are arranged in columns. Where rows and columns intersect, a letter indicates if the use is allowed, limited, conditional, or prohibited in the district.
  • All the tables in this Section use the following symbols:
    1. "A" means that the land use is a Allowed Use, subject to the standards that apply to all allowed uses. The use is approved by the Administrator, or a designee, as set out in Subsection 25.06.080.3, Zoning Compliance Certificate (Limited and Allowed Uses).
    2. "L" means that the land use is a Limited Use, which is allowed and may be administratively approved by the Administrator, or an appointee, subject to:
      1. The standards for allowed uses that are set out in this Code; and
      2. The applicable limited use standards for the specified use, as set out in Subchapter 25.02-D, Conditional and Limited Uses.
    3. "C" means that the use is allowed as a Conditional Use, which may be approved following a public hearing by the Board of Adjustment, subject to:
      1. The standards for allowed uses that are set out in this Code;
      2. The applicable limited or conditional use standards for the specified use, as set out in Subchapter 25.02-D, Conditional and Limited Uses; and
      3. The procedures set out in Subsection 25.06.090.7, Conditional Use Permit.
    4. "P" means that the use is a Prohibited Use in the specified zoning district.
  • (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.02.090 Neighborhood Types

  • Generally. Set out in Table 25.02.090, Neighborhood Types, is a matrix showing the permissible neighborhood types in each of the residential and mixed-use districts.
  • Applicability. The standards of this table apply to new subdivisions (or condominiums) which meet the threshold for the application of Subchapter 25.03-A, Development Yield and Lot Standards.
  • Table 25.02.090
    Neighborhood Types
    Neighborhood Type 1 Standards Reference Zoning Districts
    Residential Historic Area Mixed Use
    AG RR SR GR UR NC HA-4 HA-P HA-N MU
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    TABLE NOTES:
    1. Each neighborhood type is subject to the standards set out in Table 25.03.030.1, Residential Development Standards; Subsection 25.03.030.2, Neighborhood and Housing Types; and Subsection 25.03.030.3, Lot and Building Standards.
    Standard

    § Subsection

    25.03.030.1

    § Subsection

    25.03.030.2

    P A A A A See Section 25.02.020, Standards for Established Neighborhoods P P P P
    Cluster P A A A P P P P P
    Planned Neighborhood P A A A A P P P A
    Traditional Neighborhood Development (TND) P P P AP P P P A
    Table 25.02.090
    Neighborhood Types
    Neighborhood Type 1 Standards Reference Zoning Districts
    Residential Historic Area Mixed Use
    AG RR SR GR UR NC HA-4 HA-P HA-N MU
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    TABLE NOTES:
    1. Each neighborhood type is subject to the standards set out in Table 25.03.030.1, Residential Development Standards; Subsection 25.03.030.2, Neighborhood and Housing Types; and Subsection 25.03.030.3, Lot and Building Standards.
    Standard

    § Subsection

    25.03.030.1

    § Subsection

    25.03.030.2

    P A A A A See Section 25.02.020, Standards for Established Neighborhoods P P P P
    Cluster P A A A P P P P P
    Planned Neighborhood P A A A A P P P A
    Traditional Neighborhood Development (TND) P P P AP P P P A
    Table 25.02.090
    Neighborhood Types
    Neighborhood Type 1 Standards Reference Zoning Districts
    Residential Historic Area Mixed Use
    AG RR SR GR UR NC HA-4 HA-P HA-N MU
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    TABLE NOTES:
    1. Each neighborhood type is subject to the standards set out in Table 25.03.030.1, Residential Development Standards; Subsection 25.03.030.2, Neighborhood and Housing Types; and Subsection 25.03.030.3, Lot and Building Standards.
    Standard

    § Subsection

    25.03.030.1

    § Subsection

    25.03.030.2

    P A A A A See Section 25.02.020, Standards for Established Neighborhoods P P P P
    Cluster P A A A P P P P P
    Planned Neighborhood P A A A A P P P A
    Traditional Neighborhood Development (TND) P P P AP P P P A
    Table 25.02.090
    Neighborhood Types
    Neighborhood Type 1 Standards Reference Zoning Districts
    Residential Historic Area Mixed Use
    AG RR SR GR UR NC HA-4 HA-P HA-N MU
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    TABLE NOTES:
    1. Each neighborhood type is subject to the standards set out in Table 25.03.030.1, Residential Development Standards; Subsection 25.03.030.2, Neighborhood and Housing Types; and Subsection 25.03.030.3, Lot and Building Standards.
    Standard

    § Subsection

    25.03.030.1

    § Subsection

    25.03.030.2

    P A A A A See Section 25.02.020, Standards for Established Neighborhoods P P P P
    Cluster P A A A P P P P P
    Planned Neighborhood P A A A A P P P A
    Traditional Neighborhood Development (TND) P P P AP P P P A

    (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.02.100 Residential and Commercial Uses of the Home Standards

  • 1.
    Land Uses in Neighborhood Conservation Sub-districts. Set out in Table 25.02.100.1, Land Uses in the Neighborhood Conservation Sub-districts, are the allowed, limited, conditional, and prohibited land uses in each Neighborhood Conservation (NC) Sub-district. Refer to Section 25.03.020.3, Development Standards, for applicable district intensity and development standards for established neighborhoods.
  • Table 25.02.100.1
    Land Uses in the Neighborhood Conservation Sub-districts
    Land UseReferenceSub-districts
    Neighborhood Conservation (NC)
    NC-18NC-2NC-3NC-4NC-5
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Single-Family Detached1
    Conventional Home (including modular homes)§ 25.02.160

    A

    A

    A

    A

    A
    Lot Line Home2§ 25.02.160PLLLL
    Mobile Home§ 25.02.160PPPPP
    Manufactured Home§ 25.02.160PPPPC
    Single-Family Attached
    Duplex§ 25.02.160LLLLL
    Twin Home (Condominium Townhome)§ 25.02.160LLLLL
    Townhome3§ 25.02.160LLLLL
    Multiple-Family
    Apartment§ 25.02.160PPPLL
    Boarding Home4Chapter 135O, Boarding Homes, Iowa CodePPPPP
    Multiplex5§ 25.02.160PPLLL
    Dormitory / Fraternity / Sorority§ 25.02.160PPPPC
    Mixed Use 
    Live-Work§ 25.02.160PPLLL
    Work-Live§ 25.02.160PPPCC
    Commercial Use of the Home
    Bed and Breakfast Home§ 25.02.160LLLLL
    Bed and Breakfast Inn§ 25.02.160PPPCC
    Child Care Home or Child Development Home

    § 25.02.160

    Chapter 237A, Child Care Facilities, Iowa Code

    LLLLL
    Child Care CenterPPPCC
    Elder Group Home

    § 25.02.160

    Chapter 231B, Elder Group Homes, Iowa Code

    PCCCC
    Home Occupation§ 25.02.160LLLLL
    Institutional, Health Care, Recreation, and Amusement Uses
    Childcare Center§ 25.02.170CCCLL
    Community Center-CCCCC
    Funeral Home, Chapel, or Mortuary (including crematories)§ 25.02.170CCCLL
    Assisted Living or Congregate Care§ 25.02.170CCCLL
    Hospital, ClinicMedical Lab, or Urgent Care§ 25.02.170PPPCC
    Medical or Dental Office-CCCLL
    Outdoor Recreation (athletic fields, park, plaza, playground)§ 25.02.170LLLLL
    Place of Assembly§ 25.02.170CCCLL
    Private Club-PPPCC
    Public Safety Facility-AAAAA
    Transitional Service Facility (shelter)§ 25.02.170CCCLL
    Commercial Uses
    Bank or Credit Union-PPPCC
    Office, General-PPPCC
    Parking,Garage orLot6§ 25.02.180PPLLA
    Agricultural, Industrial, Utility, and Communication Uses
    Wireless Telecommunication Tower7§ 25.02.190LLLLL
    Building-Mounted Telecommunication Facilities§ 25.02.190LLLLL

    Pigeon Lofts or Cages

    § 25.02.190ACCCC
    Urban Farming§ 25.02.170LLLLL
    Community Garden§ 25.02.170LLLLL
    Gardening9§ 25.02.190LLLLL
    Table Notes:
    1. 1.
      The principal structure shall have a floor area of not less than 640 square feet; a minimum width of any building elevation of 20 feet; and sided with material other than flat or corrugated sheet metal.
    2. 2.
      May be allowed as part of a planned development, subject to the standards of Subchapter 25.03-A, Development Yield and Lot Standards.
    3. 3.
      May contain not more than four dwelling units or not more than four single-family attached dwellings.
    4. 4.
      Boarding homes that existed on the effective date of this Code require a conditional use permit (see Section 25.02.160, Residential and Commercial Uses of the Home Standards).
    5. 5.
      A maximum of four units is allowed within a multiplex.
    6. 6.
      Districts with a parking overlay, previously designated as "-P", are allowed as set out in this Table and in accordance with the standards set out in Section 25.02.180, Commercial Use Standards.
    7. 7.
      Districts with a telecommunication tower overlay, previously designated as "-T", are allowed as set out in this Table and in accordance with the standards set out in Section 25.02.190, Agricultural, Industrial, Utility, and Communication Use Standards.
    8. 8.
      Neighborhood Conservation Sub-District NC.1 with a Rural Residential Overlay Zone, previously designated as "-R", shall continue with the development restrictions set out in Subsection 25.03.020.3, Development Standards.
    9. 9.
      Gardening is limited as a principal use and subject to the standards in 25.02.190 Agriculture, Industrial, Utility, and Communication Use Standards. Gardening as an accessory use is allowed in all districts.
    Table 25.02.100.1
    Land Uses in the Neighborhood Conservation Sub-districts
    Land UseReferenceSub-districts
    Neighborhood Conservation (NC)
    NC-18NC-2NC-3NC-4NC-5
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Single-Family Detached1
    Conventional Home (including modular homes)§ 25.02.160

    A

    A

    A

    A

    A
    Lot Line Home2§ 25.02.160PLLLL
    Mobile Home§ 25.02.160PPPPP
    Manufactured Home§ 25.02.160PPPPC
    Single-Family Attached
    Duplex§ 25.02.160LLLLL
    Twin Home (Condominium Townhome)§ 25.02.160LLLLL
    Townhome3§ 25.02.160LLLLL
    Multiple-Family
    Apartment§ 25.02.160PPPLL
    Boarding Home4Chapter 135O, Boarding Homes, Iowa CodePPPPP
    Multiplex5§ 25.02.160PPLLL
    Dormitory / Fraternity / Sorority§ 25.02.160PPPPC
    Mixed Use 
    Live-Work§ 25.02.160PPLLL
    Work-Live§ 25.02.160PPPCC
    Commercial Use of the Home
    Bed and Breakfast Home§ 25.02.160LLLLL
    Bed and Breakfast Inn§ 25.02.160PPPCC
    Child Care Home or Child Development Home

    § 25.02.160

    Chapter 237A, Child Care Facilities, Iowa Code

    LLLLL
    Child Care CenterPPPCC
    Elder Group Home

    § 25.02.160

    Chapter 231B, Elder Group Homes, Iowa Code

    PCCCC
    Home Occupation§ 25.02.160LLLLL
    Institutional, Health Care, Recreation, and Amusement Uses
    Childcare Center§ 25.02.170CCCLL
    Community Center-CCCCC
    Funeral Home, Chapel, or Mortuary (including crematories)§ 25.02.170CCCLL
    Assisted Living or Congregate Care§ 25.02.170CCCLL
    Hospital, ClinicMedical Lab, or Urgent Care§ 25.02.170PPPCC
    Medical or Dental Office-CCCLL
    Outdoor Recreation (athletic fields, park, plaza, playground)§ 25.02.170LLLLL
    Place of Assembly§ 25.02.170CCCLL
    Private Club-PPPCC
    Public Safety Facility-AAAAA
    Transitional Service Facility (shelter)§ 25.02.170CCCLL
    Commercial Uses
    Bank or Credit Union-PPPCC
    Office, General-PPPCC
    Parking,Garage orLot6§ 25.02.180PPLLA
    Agricultural, Industrial, Utility, and Communication Uses
    Wireless Telecommunication Tower7§ 25.02.190LLLLL
    Building-Mounted Telecommunication Facilities§ 25.02.190LLLLL

    Pigeon Lofts or Cages

    § 25.02.190ACCCC
    Urban Farming§ 25.02.170LLLLL
    Community Garden§ 25.02.170LLLLL
    Gardening9§ 25.02.190LLLLL
    Table Notes:
    1. 1.
      The principal structure shall have a floor area of not less than 640 square feet; a minimum width of any building elevation of 20 feet; and sided with material other than flat or corrugated sheet metal.
    2. 2.
      May be allowed as part of a planned development, subject to the standards of Subchapter 25.03-A, Development Yield and Lot Standards.
    3. 3.
      May contain not more than four dwelling units or not more than four single-family attached dwellings.
    4. 4.
      Boarding homes that existed on the effective date of this Code require a conditional use permit (see Section 25.02.160, Residential and Commercial Uses of the Home Standards).
    5. 5.
      A maximum of four units is allowed within a multiplex.
    6. 6.
      Districts with a parking overlay, previously designated as "-P", are allowed as set out in this Table and in accordance with the standards set out in Section 25.02.180, Commercial Use Standards.
    7. 7.
      Districts with a telecommunication tower overlay, previously designated as "-T", are allowed as set out in this Table and in accordance with the standards set out in Section 25.02.190, Agricultural, Industrial, Utility, and Communication Use Standards.
    8. 8.
      Neighborhood Conservation Sub-District NC.1 with a Rural Residential Overlay Zone, previously designated as "-R", shall continue with the development restrictions set out in Subsection 25.03.020.3, Development Standards.
    9. 9.
      Gardening is limited as a principal use and subject to the standards in 25.02.190 Agriculture, Industrial, Utility, and Communication Use Standards. Gardening as an accessory use is allowed in all districts.
    Table 25.02.100.1
    Land Uses in the Neighborhood Conservation Sub-districts
    Land UseReferenceSub-districts
    Neighborhood Conservation (NC)
    NC-18NC-2NC-3NC-4NC-5
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Single-Family Detached1
    Conventional Home (including modular homes)§ 25.02.160

    A

    A

    A

    A

    A
    Lot Line Home2§ 25.02.160PLLLL
    Mobile Home§ 25.02.160PPPPP
    Manufactured Home§ 25.02.160PPPPC
    Single-Family Attached
    Duplex§ 25.02.160LLLLL
    Twin Home (Condominium Townhome)§ 25.02.160LLLLL
    Townhome3§ 25.02.160LLLLL
    Multiple-Family
    Apartment§ 25.02.160PPPLL
    Boarding Home4Chapter 135O, Boarding Homes, Iowa CodePPPPP
    Multiplex5§ 25.02.160PPLLL
    Dormitory / Fraternity / Sorority§ 25.02.160PPPPC
    Mixed Use 
    Live-Work§ 25.02.160PPLLL
    Work-Live§ 25.02.160PPPCC
    Commercial Use of the Home
    Bed and Breakfast Home§ 25.02.160LLLLL
    Bed and Breakfast Inn§ 25.02.160PPPCC
    Child Care Home or Child Development Home

    § 25.02.160

    Chapter 237A, Child Care Facilities, Iowa Code

    LLLLL
    Child Care CenterPPPCC
    Elder Group Home

    § 25.02.160

    Chapter 231B, Elder Group Homes, Iowa Code

    PCCCC
    Home Occupation§ 25.02.160LLLLL
    Institutional, Health Care, Recreation, and Amusement Uses
    Childcare Center§ 25.02.170CCCLL
    Community Center-CCCCC
    Funeral Home, Chapel, or Mortuary (including crematories)§ 25.02.170CCCLL
    Assisted Living or Congregate Care§ 25.02.170CCCLL
    Hospital, ClinicMedical Lab, or Urgent Care§ 25.02.170PPPCC
    Medical or Dental Office-CCCLL
    Outdoor Recreation (athletic fields, park, plaza, playground)§ 25.02.170LLLLL
    Place of Assembly§ 25.02.170CCCLL
    Private Club-PPPCC
    Public Safety Facility-AAAAA
    Transitional Service Facility (shelter)§ 25.02.170CCCLL
    Commercial Uses
    Bank or Credit Union-PPPCC
    Office, General-PPPCC
    Parking,Garage orLot6§ 25.02.180PPLLA
    Agricultural, Industrial, Utility, and Communication Uses
    Wireless Telecommunication Tower7§ 25.02.190LLLLL
    Building-Mounted Telecommunication Facilities§ 25.02.190LLLLL

    Pigeon Lofts or Cages

    § 25.02.190ACCCC
    Urban Farming§ 25.02.170LLLLL
    Community Garden§ 25.02.170LLLLL
    Gardening9§ 25.02.190LLLLL
    Table Notes:
    1. 1.
      The principal structure shall have a floor area of not less than 640 square feet; a minimum width of any building elevation of 20 feet; and sided with material other than flat or corrugated sheet metal.
    2. 2.
      May be allowed as part of a planned development, subject to the standards of Subchapter 25.03-A, Development Yield and Lot Standards.
    3. 3.
      May contain not more than four dwelling units or not more than four single-family attached dwellings.
    4. 4.
      Boarding homes that existed on the effective date of this Code require a conditional use permit (see Section 25.02.160, Residential and Commercial Uses of the Home Standards).
    5. 5.
      A maximum of four units is allowed within a multiplex.
    6. 6.
      Districts with a parking overlay, previously designated as "-P", are allowed as set out in this Table and in accordance with the standards set out in Section 25.02.180, Commercial Use Standards.
    7. 7.
      Districts with a telecommunication tower overlay, previously designated as "-T", are allowed as set out in this Table and in accordance with the standards set out in Section 25.02.190, Agricultural, Industrial, Utility, and Communication Use Standards.
    8. 8.
      Neighborhood Conservation Sub-District NC.1 with a Rural Residential Overlay Zone, previously designated as "-R", shall continue with the development restrictions set out in Subsection 25.03.020.3, Development Standards.
    9. 9.
      Gardening is limited as a principal use and subject to the standards in 25.02.190 Agriculture, Industrial, Utility, and Communication Use Standards. Gardening as an accessory use is allowed in all districts.
    Table 25.02.100.1
    Land Uses in the Neighborhood Conservation Sub-districts
    Land UseReferenceSub-districts
    Neighborhood Conservation (NC)
    NC-18NC-2NC-3NC-4NC-5
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Single-Family Detached1
    Conventional Home (including modular homes)§ 25.02.160

    A

    A

    A

    A

    A
    Lot Line Home2§ 25.02.160PLLLL
    Mobile Home§ 25.02.160PPPPP
    Manufactured Home§ 25.02.160PPPPC
    Single-Family Attached
    Duplex§ 25.02.160LLLLL
    Twin Home (Condominium Townhome)§ 25.02.160LLLLL
    Townhome3§ 25.02.160LLLLL
    Multiple-Family
    Apartment§ 25.02.160PPPLL
    Boarding Home4Chapter 135O, Boarding Homes, Iowa CodePPPPP
    Multiplex5§ 25.02.160PPLLL
    Dormitory / Fraternity / Sorority§ 25.02.160PPPPC
    Mixed Use 
    Live-Work§ 25.02.160PPLLL
    Work-Live§ 25.02.160PPPCC
    Commercial Use of the Home
    Bed and Breakfast Home§ 25.02.160LLLLL
    Bed and Breakfast Inn§ 25.02.160PPPCC
    Child Care Home or Child Development Home

    § 25.02.160

    Chapter 237A, Child Care Facilities, Iowa Code

    LLLLL
    Child Care CenterPPPCC
    Elder Group Home

    § 25.02.160

    Chapter 231B, Elder Group Homes, Iowa Code

    PCCCC
    Home Occupation§ 25.02.160LLLLL
    Institutional, Health Care, Recreation, and Amusement Uses
    Childcare Center§ 25.02.170CCCLL
    Community Center-CCCCC
    Funeral Home, Chapel, or Mortuary (including crematories)§ 25.02.170CCCLL
    Assisted Living or Congregate Care§ 25.02.170CCCLL
    Hospital, ClinicMedical Lab, or Urgent Care§ 25.02.170PPPCC
    Medical or Dental Office-CCCLL
    Outdoor Recreation (athletic fields, park, plaza, playground)§ 25.02.170LLLLL
    Place of Assembly§ 25.02.170CCCLL
    Private Club-PPPCC
    Public Safety Facility-AAAAA
    Transitional Service Facility (shelter)§ 25.02.170CCCLL
    Commercial Uses
    Bank or Credit Union-PPPCC
    Office, General-PPPCC
    Parking,Garage orLot6§ 25.02.180PPLLA
    Agricultural, Industrial, Utility, and Communication Uses
    Wireless Telecommunication Tower7§ 25.02.190LLLLL
    Building-Mounted Telecommunication Facilities§ 25.02.190LLLLL

    Pigeon Lofts or Cages

    § 25.02.190ACCCC
    Urban Farming§ 25.02.170LLLLL
    Community Garden§ 25.02.170LLLLL
    Gardening9§ 25.02.190LLLLL
    Table Notes:
    1. 1.
      The principal structure shall have a floor area of not less than 640 square feet; a minimum width of any building elevation of 20 feet; and sided with material other than flat or corrugated sheet metal.
    2. 2.
      May be allowed as part of a planned development, subject to the standards of Subchapter 25.03-A, Development Yield and Lot Standards.
    3. 3.
      May contain not more than four dwelling units or not more than four single-family attached dwellings.
    4. 4.
      Boarding homes that existed on the effective date of this Code require a conditional use permit (see Section 25.02.160, Residential and Commercial Uses of the Home Standards).
    5. 5.
      A maximum of four units is allowed within a multiplex.
    6. 6.
      Districts with a parking overlay, previously designated as "-P", are allowed as set out in this Table and in accordance with the standards set out in Section 25.02.180, Commercial Use Standards.
    7. 7.
      Districts with a telecommunication tower overlay, previously designated as "-T", are allowed as set out in this Table and in accordance with the standards set out in Section 25.02.190, Agricultural, Industrial, Utility, and Communication Use Standards.
    8. 8.
      Neighborhood Conservation Sub-District NC.1 with a Rural Residential Overlay Zone, previously designated as "-R", shall continue with the development restrictions set out in Subsection 25.03.020.3, Development Standards.
    9. 9.
      Gardening is limited as a principal use and subject to the standards in 25.02.190 Agriculture, Industrial, Utility, and Communication Use Standards. Gardening as an accessory use is allowed in all districts.
    1. 2.
      Residential and Commercial Uses of the Home. Set out in Table 25.02.110.2, Residential and Commercial Uses of the Home, are the allowed, limited, conditional, and prohibited residential and commercial uses of the home in each zoning district. Refer to Section 25.03.030, Standards for New Neighborhoods, for applicable district intensity and development standards.
    Table 25.02.100.2
    Residential and Commercial Uses of the Home
    Land UseStandards Reference1Zoning Districts
    AgricultureResidentialMixed UseNonresidentialOverlay and SpecialHistoric
    AGRRSRGRURMUSC2GCDC2BPGIAPCE2PIHA-42HA-P2HA-N2
    TABLE NOTES:
    1. 1.
      This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    2. 2.
      Subject to design standards set out in Section 25.03.190, Special Districts.
    3. 3.
      May be allowed as part of a planned development or traditional neighborhood development, subject to the standards of Subchapter 25.03-A, Development Yield and Lot Standards.
    4. 4.
      May be allowed if existing as of the effective date of this Code or if allowed in the respective Neighborhood Conservation (NC) Subdistrict.
    5. 5.
      Boarding homes that demonstrate proof that they existed on the effective date of this Code require a conditional use permit (see Section 25.02.160, Residential and Commercial Uses of the Home Standards.
    6. 6.
      A maximum of four units is allowed within a multiplex.
    7. 7.
      Applicable only to Morningside College.
    8. 8.
      The principal structure shall have a floor area of not less than 640 square feet; a minimum width of any building elevation of 20 feet; and sided with material other than flat or corrugated sheet metal.
    9. 9.
      A conditional use permit is required for the use to host one or more private events.
    10. 10.
      Non-guest meals, private events, and use of a guesthouse or accessory dwelling require a conditional use permit.
    11. 11.
      May contain no more than four dwelling units or not more than four single-family attached dwellings.
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Single-Family Detached8
    Conventional Home (including modular homes)§ 25.02.160AAAAA3ACPPPPPPPPPA
    Lot Line Home§ 25.02.160PPL3L3A3APPPPPPPPPPP
    Mobile Home§ 25.02.160PPPPPPPPPPPPPPPPP
    Manufactured Home-PPPCPPPPPPPPPPPPP
    Single-Family Attached
    Duplex§ 25.02.160ALLLA3ACPPPPPPPL4L4L4
    Twin Home§ 25.02.160LLLLA3ACPPPPPPPL4L4L4
    Townhome§ 25.02.160L11L11L3L3AACPCPPPCPCCC
    Multiple-Family
    Apartment§ 25.02.160PPC3, AAAPCCPPPCPCCC
    High-Density Apartment (Single Use)§ 25.02.160PPPPLPPPPPPPPPLLL
    Boarding Home5§ 25.02.160PPPPPPPPPPPPPPPPP
    Multiplex§ 25.02.160PPL3, 5L3, 5A5A5C5PPPPPPPC6C6C6
    Dormitory / Fraternity / Sorority§ 25.02.160PPPPPCPPAPPPPAAPC7
    Mixed Use
    Live-Work Unit§ 25.02.160PPPL3AAAPLPPPPPLPC
    Work-Live Unit§ 25.02.160PPPPCAALLCPPPPLLC
    Commercial Uses of the Home
    Bed and Breakfast Home§ 25.02.160L9CCCL9LLPPPPPPPPPL10
    Bed and Breakfast Inn§ 25.02.160L10PPPL10LLCCPPPPPCCC
    Elder Group Home§ 25.02.160APPCLAAPPPPPPPPPP
    Child Care Home§ 25.02.160AAAAAAAPPPPPPPLLL
    Child Development Home LLLLLLLPPPPPPPLLL
    Home Business§ 25.02.160APCCLAAPPPPPPPPPP
    Home Occupation§ 25.02.160AALLLLLPPPPPPPLL 
    Table 25.02.100.2
    Residential and Commercial Uses of the Home
    Land UseStandards Reference1Zoning Districts
    AgricultureResidentialMixed UseNonresidentialOverlay and SpecialHistoric
    AGRRSRGRURMUSC2GCDC2BPGIAPCE2PIHA-42HA-P2HA-N2
    TABLE NOTES:
    1. 1.
      This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    2. 2.
      Subject to design standards set out in Section 25.03.190, Special Districts.
    3. 3.
      May be allowed as part of a planned development or traditional neighborhood development, subject to the standards of Subchapter 25.03-A, Development Yield and Lot Standards.
    4. 4.
      May be allowed if existing as of the effective date of this Code or if allowed in the respective Neighborhood Conservation (NC) Subdistrict.
    5. 5.
      Boarding homes that demonstrate proof that they existed on the effective date of this Code require a conditional use permit (see Section 25.02.160, Residential and Commercial Uses of the Home Standards.
    6. 6.
      A maximum of four units is allowed within a multiplex.
    7. 7.
      Applicable only to Morningside College.
    8. 8.
      The principal structure shall have a floor area of not less than 640 square feet; a minimum width of any building elevation of 20 feet; and sided with material other than flat or corrugated sheet metal.
    9. 9.
      A conditional use permit is required for the use to host one or more private events.
    10. 10.
      Non-guest meals, private events, and use of a guesthouse or accessory dwelling require a conditional use permit.
    11. 11.
      May contain no more than four dwelling units or not more than four single-family attached dwellings.
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Single-Family Detached8
    Conventional Home (including modular homes)§ 25.02.160AAAAA3ACPPPPPPPPPA
    Lot Line Home§ 25.02.160PPL3L3A3APPPPPPPPPPP
    Mobile Home§ 25.02.160PPPPPPPPPPPPPPPPP
    Manufactured Home-PPPCPPPPPPPPPPPPP
    Single-Family Attached
    Duplex§ 25.02.160ALLLA3ACPPPPPPPL4L4L4
    Twin Home§ 25.02.160LLLLA3ACPPPPPPPL4L4L4
    Townhome§ 25.02.160L11L11L3L3AACPCPPPCPCCC
    Multiple-Family
    Apartment§ 25.02.160PPC3, AAAPCCPPPCPCCC
    High-Density Apartment (Single Use)§ 25.02.160PPPPLPPPPPPPPPLLL
    Boarding Home5§ 25.02.160PPPPPPPPPPPPPPPPP
    Multiplex§ 25.02.160PPL3, 5L3, 5A5A5C5PPPPPPPC6C6C6
    Dormitory / Fraternity / Sorority§ 25.02.160PPPPPCPPAPPPPAAPC7
    Mixed Use
    Live-Work Unit§ 25.02.160PPPL3AAAPLPPPPPLPC
    Work-Live Unit§ 25.02.160PPPPCAALLCPPPPLLC
    Commercial Uses of the Home
    Bed and Breakfast Home§ 25.02.160L9CCCL9LLPPPPPPPPPL10
    Bed and Breakfast Inn§ 25.02.160L10PPPL10LLCCPPPPPCCC
    Elder Group Home§ 25.02.160APPCLAAPPPPPPPPPP
    Child Care Home§ 25.02.160AAAAAAAPPPPPPPLLL
    Child Development Home LLLLLLLPPPPPPPLLL
    Home Business§ 25.02.160APCCLAAPPPPPPPPPP
    Home Occupation§ 25.02.160AALLLLLPPPPPPPLL 
    Table 25.02.100.2
    Residential and Commercial Uses of the Home
    Land UseStandards Reference1Zoning Districts
    AgricultureResidentialMixed UseNonresidentialOverlay and SpecialHistoric
    AGRRSRGRURMUSC2GCDC2BPGIAPCE2PIHA-42HA-P2HA-N2
    TABLE NOTES:
    1. 1.
      This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    2. 2.
      Subject to design standards set out in Section 25.03.190, Special Districts.
    3. 3.
      May be allowed as part of a planned development or traditional neighborhood development, subject to the standards of Subchapter 25.03-A, Development Yield and Lot Standards.
    4. 4.
      May be allowed if existing as of the effective date of this Code or if allowed in the respective Neighborhood Conservation (NC) Subdistrict.
    5. 5.
      Boarding homes that demonstrate proof that they existed on the effective date of this Code require a conditional use permit (see Section 25.02.160, Residential and Commercial Uses of the Home Standards.
    6. 6.
      A maximum of four units is allowed within a multiplex.
    7. 7.
      Applicable only to Morningside College.
    8. 8.
      The principal structure shall have a floor area of not less than 640 square feet; a minimum width of any building elevation of 20 feet; and sided with material other than flat or corrugated sheet metal.
    9. 9.
      A conditional use permit is required for the use to host one or more private events.
    10. 10.
      Non-guest meals, private events, and use of a guesthouse or accessory dwelling require a conditional use permit.
    11. 11.
      May contain no more than four dwelling units or not more than four single-family attached dwellings.
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Single-Family Detached8
    Conventional Home (including modular homes)§ 25.02.160AAAAA3ACPPPPPPPPPA
    Lot Line Home§ 25.02.160PPL3L3A3APPPPPPPPPPP
    Mobile Home§ 25.02.160PPPPPPPPPPPPPPPPP
    Manufactured Home-PPPCPPPPPPPPPPPPP
    Single-Family Attached
    Duplex§ 25.02.160ALLLA3ACPPPPPPPL4L4L4
    Twin Home§ 25.02.160LLLLA3ACPPPPPPPL4L4L4
    Townhome§ 25.02.160L11L11L3L3AACPCPPPCPCCC
    Multiple-Family
    Apartment§ 25.02.160PPC3, AAAPCCPPPCPCCC
    High-Density Apartment (Single Use)§ 25.02.160PPPPLPPPPPPPPPLLL
    Boarding Home5§ 25.02.160PPPPPPPPPPPPPPPPP
    Multiplex§ 25.02.160PPL3, 5L3, 5A5A5C5PPPPPPPC6C6C6
    Dormitory / Fraternity / Sorority§ 25.02.160PPPPPCPPAPPPPAAPC7
    Mixed Use
    Live-Work Unit§ 25.02.160PPPL3AAAPLPPPPPLPC
    Work-Live Unit§ 25.02.160PPPPCAALLCPPPPLLC
    Commercial Uses of the Home
    Bed and Breakfast Home§ 25.02.160L9CCCL9LLPPPPPPPPPL10
    Bed and Breakfast Inn§ 25.02.160L10PPPL10LLCCPPPPPCCC
    Elder Group Home§ 25.02.160APPCLAAPPPPPPPPPP
    Child Care Home§ 25.02.160AAAAAAAPPPPPPPLLL
    Child Development Home LLLLLLLPPPPPPPLLL
    Home Business§ 25.02.160APCCLAAPPPPPPPPPP
    Home Occupation§ 25.02.160AALLLLLPPPPPPPLL 
    Table 25.02.100.2
    Residential and Commercial Uses of the Home
    Land UseStandards Reference1Zoning Districts
    AgricultureResidentialMixed UseNonresidentialOverlay and SpecialHistoric
    AGRRSRGRURMUSC2GCDC2BPGIAPCE2PIHA-42HA-P2HA-N2
    TABLE NOTES:
    1. 1.
      This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    2. 2.
      Subject to design standards set out in Section 25.03.190, Special Districts.
    3. 3.
      May be allowed as part of a planned development or traditional neighborhood development, subject to the standards of Subchapter 25.03-A, Development Yield and Lot Standards.
    4. 4.
      May be allowed if existing as of the effective date of this Code or if allowed in the respective Neighborhood Conservation (NC) Subdistrict.
    5. 5.
      Boarding homes that demonstrate proof that they existed on the effective date of this Code require a conditional use permit (see Section 25.02.160, Residential and Commercial Uses of the Home Standards.
    6. 6.
      A maximum of four units is allowed within a multiplex.
    7. 7.
      Applicable only to Morningside College.
    8. 8.
      The principal structure shall have a floor area of not less than 640 square feet; a minimum width of any building elevation of 20 feet; and sided with material other than flat or corrugated sheet metal.
    9. 9.
      A conditional use permit is required for the use to host one or more private events.
    10. 10.
      Non-guest meals, private events, and use of a guesthouse or accessory dwelling require a conditional use permit.
    11. 11.
      May contain no more than four dwelling units or not more than four single-family attached dwellings.
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Single-Family Detached8
    Conventional Home (including modular homes)§ 25.02.160AAAAA3ACPPPPPPPPPA
    Lot Line Home§ 25.02.160PPL3L3A3APPPPPPPPPPP
    Mobile Home§ 25.02.160PPPPPPPPPPPPPPPPP
    Manufactured Home-PPPCPPPPPPPPPPPPP
    Single-Family Attached
    Duplex§ 25.02.160ALLLA3ACPPPPPPPL4L4L4
    Twin Home§ 25.02.160LLLLA3ACPPPPPPPL4L4L4
    Townhome§ 25.02.160L11L11L3L3AACPCPPPCPCCC
    Multiple-Family
    Apartment§ 25.02.160PPC3, AAAPCCPPPCPCCC
    High-Density Apartment (Single Use)§ 25.02.160PPPPLPPPPPPPPPLLL
    Boarding Home5§ 25.02.160PPPPPPPPPPPPPPPPP
    Multiplex§ 25.02.160PPL3, 5L3, 5A5A5C5PPPPPPPC6C6C6
    Dormitory / Fraternity / Sorority§ 25.02.160PPPPPCPPAPPPPAAPC7
    Mixed Use
    Live-Work Unit§ 25.02.160PPPL3AAAPLPPPPPLPC
    Work-Live Unit§ 25.02.160PPPPCAALLCPPPPLLC
    Commercial Uses of the Home
    Bed and Breakfast Home§ 25.02.160L9CCCL9LLPPPPPPPPPL10
    Bed and Breakfast Inn§ 25.02.160L10PPPL10LLCCPPPPPCCC
    Elder Group Home§ 25.02.160APPCLAAPPPPPPPPPP
    Child Care Home§ 25.02.160AAAAAAAPPPPPPPLLL
    Child Development Home LLLLLLLPPPPPPPLLL
    Home Business§ 25.02.160APCCLAAPPPPPPPPPP
    Home Occupation§ 25.02.160AALLLLLPPPPPPPLL 

    (Ord. 2024-0808; 2018-0196; 2016-0624; 2015-0915; 2015-0433; 2015-0215; 2021-0460; 2022-0019)

    Effective on: 8/10/2024

    Sec. 25.02.110 Institutional, Recreation, and Amusement Uses

    Set out in Table 25.02.110, Institutional, Recreation, and Amusement Uses, are the allowed, limited, conditional, and prohibited land uses in each zoning district. Refer to Section 25.03.040, Standards for Nonresidential and Mixed Use Development, for applicable district intensity and development standards.

    Table 25.02.110
    Institutional, Recreation, and Amusement Uses
    Land UseStandards Reference1Zoning Districts
    AgricultureResidentialMixed UseNonresidentialOverlay and SpecialHistoric2
    AGRRSRGRURMUSC2GCDC2BPGIAPCE2PIHA-4HA-PHA-N
    TABLE NOTES:
    1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    2. Subject to design standards set out in Section 25.02.060, Special and Overlay Districts.
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Institutional Uses
    Adult Day Care-PPPPPAAAAPPRefer to BP and GI Districts. Also, see  Subsection 25.02.060.1 Airport Protection (AP) Overlay DistrictPPAAP
    Child Care Center§ 25.02.170PCCCCAAAAACPCAAC
    Community Center or Charitable Institution§ 25.02.170PLLLLAAAAAPAAAAL
    Crematory§ 25.02.170PPPPPPPCPAAPPPPP
    Funeral Home, Chapel, or Mortuary§ 25.02.170PPPCCACAAPPPPPPC
    Government Office-PPPPPAPAAAAPAAAP
    Institutional Residential§ 25.02.170CCCCLALAAPPPPAAC
    Library-PCCCAAAAAPPAAAAC
    Place of Assembly§ 25.02.170CCCCCACAAAPAAAAC
    Post Office-PPPPCACAAAAAAAAP
    Private Club-PPPPPACAAAAAAAAP
    Public Safety Facility-ACCCCACAAAAAAAAA
    Education Uses, Public or Private
    College, University, or Vocational School§ 25.02.170PPPPPAPALLLSee abovePALLP
    Pre-School§ 25.02.170CLLLLALAAPPPAAAL
    Health Care Uses
    Assisted Living or Congregate Care§ 25.02.170PLLLAALAAPPSee abovePAAAL
    Hospital, Clinic, Medical Lab, or Urgent Care§ 25.02.170PPPPCCCAAAAPACCP
    Medical or Dental Office-PPPPCAAAAAPPPAAP
    Nursing Home (see also Institutional Residential)§ 25.02.170PLLLAALAAPPPAAAL
    Protective Care
    Protective Care (detention, halfway house)§ 25.02.170CPPPCPPCPCPSee abovePCPPP
    Transitional Service Facility (shelter)§ 25.02.170PAPCLLLAPPPPLPPC
    Recreation and Amusement
    Campground-ACPPPPPAPPPSee abovePAPPP
    Casino§ 25.02.170PPPPPPPPPPPAPPPP
    Community Garden§ 25.02.170ALLLLLLPPPPPAPPL
    Driving Range-CCPPPCPCPAAPAPPP
    Indoor Arena, Stadium, or Theater-PPPPPCPAAAPAAAAP
    Indoor Commercial Amusement§ 25.02.170PPPPPCPLLLPAPLLP
    Indoor Recreation or Personal Fitness-PCCCCCLLLALLLLLP
    Outdoor Arena, Stadium, or Amphitheater§ 25.02.170CCPPPPPCPCPCAPPP
    Outdoor Circus, Carnival, Exhibition, or ShowMunicipal Code, Chapter 4.14LPPPPPPLPLLLLPPP
    Outdoor Commercial Amusement-PPPPPPPCPPPCPPPP
    Outdoor Recreation (park, playground, golf course)§ 25.02.170ALLLLLLLLPPLLLLL
    Outdoor Recreation (athletic fields)-ALCCCCPCPLPPCPPC
    Outdoor Shooting or Archery Range-CPPPPPPPPCCPPPPP
    Recreational Vehicle Park§ 25.02.170PPPPCCPCPCCPPPPP
    Table 25.02.110
    Institutional, Recreation, and Amusement Uses
    Land UseStandards Reference1Zoning Districts
    AgricultureResidentialMixed UseNonresidentialOverlay and SpecialHistoric2
    AGRRSRGRURMUSC2GCDC2BPGIAPCE2PIHA-4HA-PHA-N
    TABLE NOTES:
    1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    2. Subject to design standards set out in Section 25.02.060, Special and Overlay Districts.
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Institutional Uses
    Adult Day Care-PPPPPAAAAPPRefer to BP and GI Districts. Also, see  Subsection 25.02.060.1 Airport Protection (AP) Overlay DistrictPPAAP
    Child Care Center§ 25.02.170PCCCCAAAAACPCAAC
    Community Center or Charitable Institution§ 25.02.170PLLLLAAAAAPAAAAL
    Crematory§ 25.02.170PPPPPPPCPAAPPPPP
    Funeral Home, Chapel, or Mortuary§ 25.02.170PPPCCACAAPPPPPPC
    Government Office-PPPPPAPAAAAPAAAP
    Institutional Residential§ 25.02.170CCCCLALAAPPPPAAC
    Library-PCCCAAAAAPPAAAAC
    Place of Assembly§ 25.02.170CCCCCACAAAPAAAAC
    Post Office-PPPPCACAAAAAAAAP
    Private Club-PPPPPACAAAAAAAAP
    Public Safety Facility-ACCCCACAAAAAAAAA
    Education Uses, Public or Private
    College, University, or Vocational School§ 25.02.170PPPPPAPALLLSee abovePALLP
    Pre-School§ 25.02.170CLLLLALAAPPPAAAL
    Health Care Uses
    Assisted Living or Congregate Care§ 25.02.170PLLLAALAAPPSee abovePAAAL
    Hospital, Clinic, Medical Lab, or Urgent Care§ 25.02.170PPPPCCCAAAAPACCP
    Medical or Dental Office-PPPPCAAAAAPPPAAP
    Nursing Home (see also Institutional Residential)§ 25.02.170PLLLAALAAPPPAAAL
    Protective Care
    Protective Care (detention, halfway house)§ 25.02.170CPPPCPPCPCPSee abovePCPPP
    Transitional Service Facility (shelter)§ 25.02.170PAPCLLLAPPPPLPPC
    Recreation and Amusement
    Campground-ACPPPPPAPPPSee abovePAPPP
    Casino§ 25.02.170PPPPPPPPPPPAPPPP
    Community Garden§ 25.02.170ALLLLLLPPPPPAPPL
    Driving Range-CCPPPCPCPAAPAPPP
    Indoor Arena, Stadium, or Theater-PPPPPCPAAAPAAAAP
    Indoor Commercial Amusement§ 25.02.170PPPPPCPLLLPAPLLP
    Indoor Recreation or Personal Fitness-PCCCCCLLLALLLLLP
    Outdoor Arena, Stadium, or Amphitheater§ 25.02.170CCPPPPPCPCPCAPPP
    Outdoor Circus, Carnival, Exhibition, or ShowMunicipal Code, Chapter 4.14LPPPPPPLPLLLLPPP
    Outdoor Commercial Amusement-PPPPPPPCPPPCPPPP
    Outdoor Recreation (park, playground, golf course)§ 25.02.170ALLLLLLLLPPLLLLL
    Outdoor Recreation (athletic fields)-ALCCCCPCPLPPCPPC
    Outdoor Shooting or Archery Range-CPPPPPPPPCCPPPPP
    Recreational Vehicle Park§ 25.02.170PPPPCCPCPCCPPPPP
    Table 25.02.110
    Institutional, Recreation, and Amusement Uses
    Land UseStandards Reference1Zoning Districts
    AgricultureResidentialMixed UseNonresidentialOverlay and SpecialHistoric2
    AGRRSRGRURMUSC2GCDC2BPGIAPCE2PIHA-4HA-PHA-N
    TABLE NOTES:
    1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    2. Subject to design standards set out in Section 25.02.060, Special and Overlay Districts.
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Institutional Uses
    Adult Day Care-PPPPPAAAAPPRefer to BP and GI Districts. Also, see  Subsection 25.02.060.1 Airport Protection (AP) Overlay DistrictPPAAP
    Child Care Center§ 25.02.170PCCCCAAAAACPCAAC
    Community Center or Charitable Institution§ 25.02.170PLLLLAAAAAPAAAAL
    Crematory§ 25.02.170PPPPPPPCPAAPPPPP
    Funeral Home, Chapel, or Mortuary§ 25.02.170PPPCCACAAPPPPPPC
    Government Office-PPPPPAPAAAAPAAAP
    Institutional Residential§ 25.02.170CCCCLALAAPPPPAAC
    Library-PCCCAAAAAPPAAAAC
    Place of Assembly§ 25.02.170CCCCCACAAAPAAAAC
    Post Office-PPPPCACAAAAAAAAP
    Private Club-PPPPPACAAAAAAAAP
    Public Safety Facility-ACCCCACAAAAAAAAA
    Education Uses, Public or Private
    College, University, or Vocational School§ 25.02.170PPPPPAPALLLSee abovePALLP
    Pre-School§ 25.02.170CLLLLALAAPPPAAAL
    Health Care Uses
    Assisted Living or Congregate Care§ 25.02.170PLLLAALAAPPSee abovePAAAL
    Hospital, Clinic, Medical Lab, or Urgent Care§ 25.02.170PPPPCCCAAAAPACCP
    Medical or Dental Office-PPPPCAAAAAPPPAAP
    Nursing Home (see also Institutional Residential)§ 25.02.170PLLLAALAAPPPAAAL
    Protective Care
    Protective Care (detention, halfway house)§ 25.02.170CPPPCPPCPCPSee abovePCPPP
    Transitional Service Facility (shelter)§ 25.02.170PAPCLLLAPPPPLPPC
    Recreation and Amusement
    Campground-ACPPPPPAPPPSee abovePAPPP
    Casino§ 25.02.170PPPPPPPPPPPAPPPP
    Community Garden§ 25.02.170ALLLLLLPPPPPAPPL
    Driving Range-CCPPPCPCPAAPAPPP
    Indoor Arena, Stadium, or Theater-PPPPPCPAAAPAAAAP
    Indoor Commercial Amusement§ 25.02.170PPPPPCPLLLPAPLLP
    Indoor Recreation or Personal Fitness-PCCCCCLLLALLLLLP
    Outdoor Arena, Stadium, or Amphitheater§ 25.02.170CCPPPPPCPCPCAPPP
    Outdoor Circus, Carnival, Exhibition, or ShowMunicipal Code, Chapter 4.14LPPPPPPLPLLLLPPP
    Outdoor Commercial Amusement-PPPPPPPCPPPCPPPP
    Outdoor Recreation (park, playground, golf course)§ 25.02.170ALLLLLLLLPPLLLLL
    Outdoor Recreation (athletic fields)-ALCCCCPCPLPPCPPC
    Outdoor Shooting or Archery Range-CPPPPPPPPCCPPPPP
    Recreational Vehicle Park§ 25.02.170PPPPCCPCPCCPPPPP
    Table 25.02.110
    Institutional, Recreation, and Amusement Uses
    Land UseStandards Reference1Zoning Districts
    AgricultureResidentialMixed UseNonresidentialOverlay and SpecialHistoric2
    AGRRSRGRURMUSC2GCDC2BPGIAPCE2PIHA-4HA-PHA-N
    TABLE NOTES:
    1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    2. Subject to design standards set out in Section 25.02.060, Special and Overlay Districts.
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Institutional Uses
    Adult Day Care-PPPPPAAAAPPRefer to BP and GI Districts. Also, see  Subsection 25.02.060.1 Airport Protection (AP) Overlay DistrictPPAAP
    Child Care Center§ 25.02.170PCCCCAAAAACPCAAC
    Community Center or Charitable Institution§ 25.02.170PLLLLAAAAAPAAAAL
    Crematory§ 25.02.170PPPPPPPCPAAPPPPP
    Funeral Home, Chapel, or Mortuary§ 25.02.170PPPCCACAAPPPPPPC
    Government Office-PPPPPAPAAAAPAAAP
    Institutional Residential§ 25.02.170CCCCLALAAPPPPAAC
    Library-PCCCAAAAAPPAAAAC
    Place of Assembly§ 25.02.170CCCCCACAAAPAAAAC
    Post Office-PPPPCACAAAAAAAAP
    Private Club-PPPPPACAAAAAAAAP
    Public Safety Facility-ACCCCACAAAAAAAAA
    Education Uses, Public or Private
    College, University, or Vocational School§ 25.02.170PPPPPAPALLLSee abovePALLP
    Pre-School§ 25.02.170CLLLLALAAPPPAAAL
    Health Care Uses
    Assisted Living or Congregate Care§ 25.02.170PLLLAALAAPPSee abovePAAAL
    Hospital, Clinic, Medical Lab, or Urgent Care§ 25.02.170PPPPCCCAAAAPACCP
    Medical or Dental Office-PPPPCAAAAAPPPAAP
    Nursing Home (see also Institutional Residential)§ 25.02.170PLLLAALAAPPPAAAL
    Protective Care
    Protective Care (detention, halfway house)§ 25.02.170CPPPCPPCPCPSee abovePCPPP
    Transitional Service Facility (shelter)§ 25.02.170PAPCLLLAPPPPLPPC
    Recreation and Amusement
    Campground-ACPPPPPAPPPSee abovePAPPP
    Casino§ 25.02.170PPPPPPPPPPPAPPPP
    Community Garden§ 25.02.170ALLLLLLPPPPPAPPL
    Driving Range-CCPPPCPCPAAPAPPP
    Indoor Arena, Stadium, or Theater-PPPPPCPAAAPAAAAP
    Indoor Commercial Amusement§ 25.02.170PPPPPCPLLLPAPLLP
    Indoor Recreation or Personal Fitness-PCCCCCLLLALLLLLP
    Outdoor Arena, Stadium, or Amphitheater§ 25.02.170CCPPPPPCPCPCAPPP
    Outdoor Circus, Carnival, Exhibition, or ShowMunicipal Code, Chapter 4.14LPPPPPPLPLLLLPPP
    Outdoor Commercial Amusement-PPPPPPPCPPPCPPPP
    Outdoor Recreation (park, playground, golf course)§ 25.02.170ALLLLLLLLPPLLLLL
    Outdoor Recreation (athletic fields)-ALCCCCPCPLPPCPPC
    Outdoor Shooting or Archery Range-CPPPPPPPPCCPPPPP
    Recreational Vehicle Park§ 25.02.170PPPPCCPCPCCPPPPP

    (Ord. 2018-0196; 2016, 0217; 2015-0433; 2015-0215)

    Effective on: 6/13/2015

    Sec. 25.02.120 Commercial Uses

    Set out in Table 25.02.120, Commercial Uses, are the allowed, limited, conditional, and prohibited land uses in each zoning district. Refer to Section 25.03.040, Standards for Nonresidential and Mixed Use Development, for applicable district intensity and development standards.

    Table 25.02.120
    Commercial Uses
    Land UseStandards Reference1Zoning Districts
    AgricultureResidentialMixed UseNonresidentialOverlay and SpecialHistoric2
    AGRRSRGRURMUSC2GCDC2BPGIAPCE2PIHA-4HA-PHA-N
    TABLE NOTES:
    1. 1.
      This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    2. 2.
      Subject to design standards set out in Section 25.03.190.5, Suburban Commercial (SC) Design Standards.
    3. 3.
      In the Suburban Commercial (SC) and Mixed Use (MU) districts, a grocery store is limited to no more than 40,000 square feet.
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Commercial Retail and Service Uses
    Adult Entertainment Business§ 25.02.180PPPPPPPPPPLRefer to BP and GI Districts. Also, see  Subsection 25.02.060.1 Airport Protection (AP) Overlay DistrictPPPPP
    Alcoholic Beverage and Tobacco Sales, Offsite Consumption§ 25.02.180PPPPPCPLLLLPPLLP
    Alcoholic Beverage Sales, Onsite Consumption§ 25.02.180PPPPPCPLLCLAALLP
    Animal Boarding or Grooming Facilities-APPPPLLLPAAPPLLP
    Animal Veterinary Services, Small Animal§ 25.02.180LPPPPLPLPLLPPPPP
    Automobile Sale Uses
    Motor Vehicle Sales (new and used)§ 25.02.180PPPPPPPLPLLSee abovePLPPP
    Motor Vehicle Sales (used)§ 25.02.180PPPPPPPCPLLPPPPP
    Motor Vehicle Service and Repair§ 25.02.180PPPPPPPLPLLPPPPP
    Motor Vehicle Sales (Indoor Showroom Only)§ 25.02.180PPPPPPPLPLLPLPPP
    Automobile Wash§ 25.02.180PPPPPCPLCAAPPPPP
    Commercial Retail and Service Uses (cont.)
    Bank or Credit Union-PPPPPACAAAASee aboveAPAAP
    Commercial Retail-PPPPPACAAAAAPAAP
    Commercial Retail, Drive-In or Drive-Through Facility§ 25.02.180PPPPPLPLPLAPPPPP
    Convenience Store (without gasoline pumps)See Alcohol Beverage Sales, Offsite and On-Site ConsumptionPCCCCLCAAAAAPAAP
    Drycleaning and Laundry Establishments§ 25.02.180PPPPPLLLLLAPPLLP
    Gasoline Station§ 25.02.180PPPPPCCLPLLPPPPP
    Grocery Store3-PPPPPLCAAAPPPCCP
    Heavy Retail-PPPPPPPCPAAPPCCP
    Home Furnishings and Appliances-PPPPPAPAAAPPPAAP
    Hotel, Motel, or Inn-PPPPCAPAAAAAPAAP
    Manufactured Home Sales-PPPPPPPCPCAPPPPP
    Mixed Use-PPPPCALLAPPAPAAC
    Office, General-PPPPCAAAAAAPPAAP
    Outdoor Retail-PPPPPCPCPAAPPPPP
    Parking Garage or Lot§ 25.02.180PPPPCLPLCAACACCP
    Pawnshop or Resale Shop-PPPPPAAAAPPPPAAP
    Personal Service (spas, salons, etc.)-PPPPCAAAAAPAPAAP
    Recreational Vehicle Sales and Service-PPPPPPPCPCAPPPPP
    Sexually Oriented Business§ 25.02.180PPPPPPPPPPLPPPPP
    Vending Kiosk or Drive-Through ATM§ 25.02.180PPPPPACAAAAAPAAP
    Restaurant Uses
    Restaurant, Drive-In or Drive-Through§ 25.02.180PPPPPLPLPLLSee abovePPPPP
    Restaurant, No Drive-In or Drive-Through-PPPPPACAAAAAPAAP
    Table 25.02.120
    Commercial Uses
    Land UseStandards Reference1Zoning Districts
    AgricultureResidentialMixed UseNonresidentialOverlay and SpecialHistoric2
    AGRRSRGRURMUSC2GCDC2BPGIAPCE2PIHA-4HA-PHA-N
    TABLE NOTES:
    1. 1.
      This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    2. 2.
      Subject to design standards set out in Section 25.03.190.5, Suburban Commercial (SC) Design Standards.
    3. 3.
      In the Suburban Commercial (SC) and Mixed Use (MU) districts, a grocery store is limited to no more than 40,000 square feet.
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Commercial Retail and Service Uses
    Adult Entertainment Business§ 25.02.180PPPPPPPPPPLRefer to BP and GI Districts. Also, see  Subsection 25.02.060.1 Airport Protection (AP) Overlay DistrictPPPPP
    Alcoholic Beverage and Tobacco Sales, Offsite Consumption§ 25.02.180PPPPPCPLLLLPPLLP
    Alcoholic Beverage Sales, Onsite Consumption§ 25.02.180PPPPPCPLLCLAALLP
    Animal Boarding or Grooming Facilities-APPPPLLLPAAPPLLP
    Animal Veterinary Services, Small Animal§ 25.02.180LPPPPLPLPLLPPPPP
    Automobile Sale Uses
    Motor Vehicle Sales (new and used)§ 25.02.180PPPPPPPLPLLSee abovePLPPP
    Motor Vehicle Sales (used)§ 25.02.180PPPPPPPCPLLPPPPP
    Motor Vehicle Service and Repair§ 25.02.180PPPPPPPLPLLPPPPP
    Motor Vehicle Sales (Indoor Showroom Only)§ 25.02.180PPPPPPPLPLLPLPPP
    Automobile Wash§ 25.02.180PPPPPCPLCAAPPPPP
    Commercial Retail and Service Uses (cont.)
    Bank or Credit Union-PPPPPACAAAASee aboveAPAAP
    Commercial Retail-PPPPPACAAAAAPAAP
    Commercial Retail, Drive-In or Drive-Through Facility§ 25.02.180PPPPPLPLPLAPPPPP
    Convenience Store (without gasoline pumps)See Alcohol Beverage Sales, Offsite and On-Site ConsumptionPCCCCLCAAAAAPAAP
    Drycleaning and Laundry Establishments§ 25.02.180PPPPPLLLLLAPPLLP
    Gasoline Station§ 25.02.180PPPPPCCLPLLPPPPP
    Grocery Store3-PPPPPLCAAAPPPCCP
    Heavy Retail-PPPPPPPCPAAPPCCP
    Home Furnishings and Appliances-PPPPPAPAAAPPPAAP
    Hotel, Motel, or Inn-PPPPCAPAAAAAPAAP
    Manufactured Home Sales-PPPPPPPCPCAPPPPP
    Mixed Use-PPPPCALLAPPAPAAC
    Office, General-PPPPCAAAAAAPPAAP
    Outdoor Retail-PPPPPCPCPAAPPPPP
    Parking Garage or Lot§ 25.02.180PPPPCLPLCAACACCP
    Pawnshop or Resale Shop-PPPPPAAAAPPPPAAP
    Personal Service (spas, salons, etc.)-PPPPCAAAAAPAPAAP
    Recreational Vehicle Sales and Service-PPPPPPPCPCAPPPPP
    Sexually Oriented Business§ 25.02.180PPPPPPPPPPLPPPPP
    Vending Kiosk or Drive-Through ATM§ 25.02.180PPPPPACAAAAAPAAP
    Restaurant Uses
    Restaurant, Drive-In or Drive-Through§ 25.02.180PPPPPLPLPLLSee abovePPPPP
    Restaurant, No Drive-In or Drive-Through-PPPPPACAAAAAPAAP
    Table 25.02.120
    Commercial Uses
    Land UseStandards Reference1Zoning Districts
    AgricultureResidentialMixed UseNonresidentialOverlay and SpecialHistoric2
    AGRRSRGRURMUSC2GCDC2BPGIAPCE2PIHA-4HA-PHA-N
    TABLE NOTES:
    1. 1.
      This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    2. 2.
      Subject to design standards set out in Section 25.03.190.5, Suburban Commercial (SC) Design Standards.
    3. 3.
      In the Suburban Commercial (SC) and Mixed Use (MU) districts, a grocery store is limited to no more than 40,000 square feet.
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Commercial Retail and Service Uses
    Adult Entertainment Business§ 25.02.180PPPPPPPPPPLRefer to BP and GI Districts. Also, see  Subsection 25.02.060.1 Airport Protection (AP) Overlay DistrictPPPPP
    Alcoholic Beverage and Tobacco Sales, Offsite Consumption§ 25.02.180PPPPPCPLLLLPPLLP
    Alcoholic Beverage Sales, Onsite Consumption§ 25.02.180PPPPPCPLLCLAALLP
    Animal Boarding or Grooming Facilities-APPPPLLLPAAPPLLP
    Animal Veterinary Services, Small Animal§ 25.02.180LPPPPLPLPLLPPPPP
    Automobile Sale Uses
    Motor Vehicle Sales (new and used)§ 25.02.180PPPPPPPLPLLSee abovePLPPP
    Motor Vehicle Sales (used)§ 25.02.180PPPPPPPCPLLPPPPP
    Motor Vehicle Service and Repair§ 25.02.180PPPPPPPLPLLPPPPP
    Motor Vehicle Sales (Indoor Showroom Only)§ 25.02.180PPPPPPPLPLLPLPPP
    Automobile Wash§ 25.02.180PPPPPCPLCAAPPPPP
    Commercial Retail and Service Uses (cont.)
    Bank or Credit Union-PPPPPACAAAASee aboveAPAAP
    Commercial Retail-PPPPPACAAAAAPAAP
    Commercial Retail, Drive-In or Drive-Through Facility§ 25.02.180PPPPPLPLPLAPPPPP
    Convenience Store (without gasoline pumps)See Alcohol Beverage Sales, Offsite and On-Site ConsumptionPCCCCLCAAAAAPAAP
    Drycleaning and Laundry Establishments§ 25.02.180PPPPPLLLLLAPPLLP
    Gasoline Station§ 25.02.180PPPPPCCLPLLPPPPP
    Grocery Store3-PPPPPLCAAAPPPCCP
    Heavy Retail-PPPPPPPCPAAPPCCP
    Home Furnishings and Appliances-PPPPPAPAAAPPPAAP
    Hotel, Motel, or Inn-PPPPCAPAAAAAPAAP
    Manufactured Home Sales-PPPPPPPCPCAPPPPP
    Mixed Use-PPPPCALLAPPAPAAC
    Office, General-PPPPCAAAAAAPPAAP
    Outdoor Retail-PPPPPCPCPAAPPPPP
    Parking Garage or Lot§ 25.02.180PPPPCLPLCAACACCP
    Pawnshop or Resale Shop-PPPPPAAAAPPPPAAP
    Personal Service (spas, salons, etc.)-PPPPCAAAAAPAPAAP
    Recreational Vehicle Sales and Service-PPPPPPPCPCAPPPPP
    Sexually Oriented Business§ 25.02.180PPPPPPPPPPLPPPPP
    Vending Kiosk or Drive-Through ATM§ 25.02.180PPPPPACAAAAAPAAP
    Restaurant Uses
    Restaurant, Drive-In or Drive-Through§ 25.02.180PPPPPLPLPLLSee abovePPPPP
    Restaurant, No Drive-In or Drive-Through-PPPPPACAAAAAPAAP
    Table 25.02.120
    Commercial Uses
    Land UseStandards Reference1Zoning Districts
    AgricultureResidentialMixed UseNonresidentialOverlay and SpecialHistoric2
    AGRRSRGRURMUSC2GCDC2BPGIAPCE2PIHA-4HA-PHA-N
    TABLE NOTES:
    1. 1.
      This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    2. 2.
      Subject to design standards set out in Section 25.03.190.5, Suburban Commercial (SC) Design Standards.
    3. 3.
      In the Suburban Commercial (SC) and Mixed Use (MU) districts, a grocery store is limited to no more than 40,000 square feet.
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Commercial Retail and Service Uses
    Adult Entertainment Business§ 25.02.180PPPPPPPPPPLRefer to BP and GI Districts. Also, see  Subsection 25.02.060.1 Airport Protection (AP) Overlay DistrictPPPPP
    Alcoholic Beverage and Tobacco Sales, Offsite Consumption§ 25.02.180PPPPPCPLLLLPPLLP
    Alcoholic Beverage Sales, Onsite Consumption§ 25.02.180PPPPPCPLLCLAALLP
    Animal Boarding or Grooming Facilities-APPPPLLLPAAPPLLP
    Animal Veterinary Services, Small Animal§ 25.02.180LPPPPLPLPLLPPPPP
    Automobile Sale Uses
    Motor Vehicle Sales (new and used)§ 25.02.180PPPPPPPLPLLSee abovePLPPP
    Motor Vehicle Sales (used)§ 25.02.180PPPPPPPCPLLPPPPP
    Motor Vehicle Service and Repair§ 25.02.180PPPPPPPLPLLPPPPP
    Motor Vehicle Sales (Indoor Showroom Only)§ 25.02.180PPPPPPPLPLLPLPPP
    Automobile Wash§ 25.02.180PPPPPCPLCAAPPPPP
    Commercial Retail and Service Uses (cont.)
    Bank or Credit Union-PPPPPACAAAASee aboveAPAAP
    Commercial Retail-PPPPPACAAAAAPAAP
    Commercial Retail, Drive-In or Drive-Through Facility§ 25.02.180PPPPPLPLPLAPPPPP
    Convenience Store (without gasoline pumps)See Alcohol Beverage Sales, Offsite and On-Site ConsumptionPCCCCLCAAAAAPAAP
    Drycleaning and Laundry Establishments§ 25.02.180PPPPPLLLLLAPPLLP
    Gasoline Station§ 25.02.180PPPPPCCLPLLPPPPP
    Grocery Store3-PPPPPLCAAAPPPCCP
    Heavy Retail-PPPPPPPCPAAPPCCP
    Home Furnishings and Appliances-PPPPPAPAAAPPPAAP
    Hotel, Motel, or Inn-PPPPCAPAAAAAPAAP
    Manufactured Home Sales-PPPPPPPCPCAPPPPP
    Mixed Use-PPPPCALLAPPAPAAC
    Office, General-PPPPCAAAAAAPPAAP
    Outdoor Retail-PPPPPCPCPAAPPPPP
    Parking Garage or Lot§ 25.02.180PPPPCLPLCAACACCP
    Pawnshop or Resale Shop-PPPPPAAAAPPPPAAP
    Personal Service (spas, salons, etc.)-PPPPCAAAAAPAPAAP
    Recreational Vehicle Sales and Service-PPPPPPPCPCAPPPPP
    Sexually Oriented Business§ 25.02.180PPPPPPPPPPLPPPPP
    Vending Kiosk or Drive-Through ATM§ 25.02.180PPPPPACAAAAAPAAP
    Restaurant Uses
    Restaurant, Drive-In or Drive-Through§ 25.02.180PPPPPLPLPLLSee abovePPPPP
    Restaurant, No Drive-In or Drive-Through-PPPPPACAAAAAPAAP

    (Ord. 2025-0832; 2024-0571; 2019-0017; 2018-0196; 2016-0799; 2015-0215)

    Effective on: 9/17/2016

    Sec. 25.02.130 Agricultural, Industrial, Utility, and Communication Use Standards

    Set out in Table 25.02.130, Agricultural, Industrial, Utility, and Communication Uses, are the allowed, limited, conditional, and prohibited land uses in each zoning district. Refer to Section 25.03.040, Standards for Nonresidential and Mixed Use Development, for applicable district intensity and development standards.

    Table 25.02.130
    Agricultural, Industrial, Utility, and Communication Uses
    Land Use Standards Reference1 Zoning Districts
    Agriculture Residential Mixed Use Nonresidential Overlay and Special Historic2
    AG RR SR GR UR MU SC2 GC DC2 BP GI AP CE2 PI HA-4 HA-P HA-N
    TABLE NOTES:
    1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    2. Subject to design standards set out in Section 25.02.060, Special and Overlay Districts.
    3. Gardening is limited as a principal use and subject to the standards in 25.02.190 Agriculture, Industrial, Utility, and Communication Use Standards. Gardening as an accessory use is allowed in all districts.
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Agricultural Uses
    Agricultural Packing or Processing Facility § 25.02.190 P P P P P P P P P P L Refer to BP and GI Districts. Also, see  Subsection 25.02.060.1 Airport Protection (AP) Overlay District P P P P P
    Agricultural Production § 25.02.190 A L P P P P P P P L L P P P P P
    Agricultural Sales - A P P P P P P P P C A P P P P P
    Animal Feeding Operation (including open feedlots) - C P P P P P P P P P C P P P P P
    Apiary § 25.02.190 C P P P P P P P P P P P P P P P
    Equipment Sales and Service - C P P P P P P C P C A P P P P P
    Farm - A A A A P P P P P A A P P P P P
    Urban Farm§ 25.02.190 A L L L L L P P P P P P P P P P
    Gardening3§ 25.02.190 A L L L L L P P P P P P P P P L
    Food Processing (grain, soybean, and animal feed) - C P P P P P P P P P A P P P P P
    Pigeon Lofts or Cages § 25.02.190 A L L L L P P P P P P P P P P C
    Veterinary Clinic, Large Animal - A P P P P P P C P C A P P P P P
    Wholesale Greenhouse or Nursery § 25.02.190 A C P P P P P C P C A P P P P P
    Industrial Uses
    Airport - P P P P P P P P P A A

    Refer to BP and GI Districts. Also, see  Subsection

    25.02.060.1 

    Airport Protection (AP) Overlay District

    P A P P P
    Automobile Repairs and Service, Heavy § 25.02.190 P P P P P P P C P L A P P P P P
    Bus or Taxi Depot - P P P P P C P A C A P A A C C P
    Commercial Retail, Heavy (building supply, home center) § 25.02.190 P P P P P C P L P L A P P P P P
    Composting Facility - A P P P P P P P P C C P C P P P
    Construction Services and Yards - P P P P P P P P P C A P P P P P
    Extraction (gas, gravel, minerals, oil, or sand) or Landfill § 25.02.190 C C P P P P P P P P C P C P P P
    Food Processing (except grain, soybean, and animal feeding) - C P P P P P P P P A A P P P P P
    Heavy Industry § 25.02.190 P P P P P P P P P L L P P P P P
    Heavy Equipment or Truck Sales or Leasing - P P P P P P P P P C A P P P P P
    Heliport or Helistop - C P P P P C P C C C C P C P P P
    Landfill - C P P P P P P P P P C P P P P P
    Light Industry - P P P P P P P P P A A P P P P P
    Manufacturing and Fabrication - P P P P P P P P P C A P P P P P
    Outdoor Storage Yard § 25.02.190 C P P P P P P P P C L P C P P P
    Recycling Collection - P P P P P P P C P C L P A P P P
    Recycling Collection and Processing Operation § 25.02.190 P P P P P P P P P C L P C P P P
    Researching and Testing Lab - P P P P P P P C P A A P P P P P
    Salvage Facility and Yard § 25.02.190 P P P P P P P P P P C P P P P P
    Self-Storage Facility § 25.02.190 C P P P C C P C P L L P P P P P
    Storage of Flammable or Noxious Materials or Substances - C P P P P P P P P P C P P P P P
    Truck Stop - P P P P P P P C P C A P P P P P
    Warehousing or Distribution - P P P P P P P P P A A P P P P P
    Waste Transfer Station - C P P P P P P P P P C P P P P P
    Wholesale - C P P P P P P P P A A P P P P P
    Utility Uses
    Electrical Substation § 25.02.190 L L L L L P P L P A A See above P L P P P
    Power or Solid Waste Energy Recovery Plant - C P P P P P P P P C A P P P P P
    Small Wind Energy Systems § 25.02.190 L L L L L L L L P L L P L P P L
    Water or Wastewater Treatment Plant - A C C C C P P P P A A P A P P P
    Telecommunication Uses
    Broadcasting Center § 25.02.190 P P P P P L P L C L L See above P L C C P
    Building-Mounted Telecommunication Facilities § 25.02.190 L L L L L L L L L L L L L C C C
    Wireless Telecommunication Tower § 25.02.190 L L L L L L L L P L L P L P P P
    Table 25.02.130
    Agricultural, Industrial, Utility, and Communication Uses
    Land Use Standards Reference1 Zoning Districts
    Agriculture Residential Mixed Use Nonresidential Overlay and Special Historic2
    AG RR SR GR UR MU SC2 GC DC2 BP GI AP CE2 PI HA-4 HA-P HA-N
    TABLE NOTES:
    1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    2. Subject to design standards set out in Section 25.02.060, Special and Overlay Districts.
    3. Gardening is limited as a principal use and subject to the standards in 25.02.190 Agriculture, Industrial, Utility, and Communication Use Standards. Gardening as an accessory use is allowed in all districts.
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Agricultural Uses
    Agricultural Packing or Processing Facility § 25.02.190 P P P P P P P P P P L Refer to BP and GI Districts. Also, see  Subsection 25.02.060.1 Airport Protection (AP) Overlay District P P P P P
    Agricultural Production § 25.02.190 A L P P P P P P P L L P P P P P
    Agricultural Sales - A P P P P P P P P C A P P P P P
    Animal Feeding Operation (including open feedlots) - C P P P P P P P P P C P P P P P
    Apiary § 25.02.190 C P P P P P P P P P P P P P P P
    Equipment Sales and Service - C P P P P P P C P C A P P P P P
    Farm - A A A A P P P P P A A P P P P P
    Urban Farm§ 25.02.190 A L L L L L P P P P P P P P P P
    Gardening3§ 25.02.190 A L L L L L P P P P P P P P P L
    Food Processing (grain, soybean, and animal feed) - C P P P P P P P P P A P P P P P
    Pigeon Lofts or Cages § 25.02.190 A L L L L P P P P P P P P P P C
    Veterinary Clinic, Large Animal - A P P P P P P C P C A P P P P P
    Wholesale Greenhouse or Nursery § 25.02.190 A C P P P P P C P C A P P P P P
    Industrial Uses
    Airport - P P P P P P P P P A A

    Refer to BP and GI Districts. Also, see  Subsection

    25.02.060.1 

    Airport Protection (AP) Overlay District

    P A P P P
    Automobile Repairs and Service, Heavy § 25.02.190 P P P P P P P C P L A P P P P P
    Bus or Taxi Depot - P P P P P C P A C A P A A C C P
    Commercial Retail, Heavy (building supply, home center) § 25.02.190 P P P P P C P L P L A P P P P P
    Composting Facility - A P P P P P P P P C C P C P P P
    Construction Services and Yards - P P P P P P P P P C A P P P P P
    Extraction (gas, gravel, minerals, oil, or sand) or Landfill § 25.02.190 C C P P P P P P P P C P C P P P
    Food Processing (except grain, soybean, and animal feeding) - C P P P P P P P P A A P P P P P
    Heavy Industry § 25.02.190 P P P P P P P P P L L P P P P P
    Heavy Equipment or Truck Sales or Leasing - P P P P P P P P P C A P P P P P
    Heliport or Helistop - C P P P P C P C C C C P C P P P
    Landfill - C P P P P P P P P P C P P P P P
    Light Industry - P P P P P P P P P A A P P P P P
    Manufacturing and Fabrication - P P P P P P P P P C A P P P P P
    Outdoor Storage Yard § 25.02.190 C P P P P P P P P C L P C P P P
    Recycling Collection - P P P P P P P C P C L P A P P P
    Recycling Collection and Processing Operation § 25.02.190 P P P P P P P P P C L P C P P P
    Researching and Testing Lab - P P P P P P P C P A A P P P P P
    Salvage Facility and Yard § 25.02.190 P P P P P P P P P P C P P P P P
    Self-Storage Facility § 25.02.190 C P P P C C P C P L L P P P P P
    Storage of Flammable or Noxious Materials or Substances - C P P P P P P P P P C P P P P P
    Truck Stop - P P P P P P P C P C A P P P P P
    Warehousing or Distribution - P P P P P P P P P A A P P P P P
    Waste Transfer Station - C P P P P P P P P P C P P P P P
    Wholesale - C P P P P P P P P A A P P P P P
    Utility Uses
    Electrical Substation § 25.02.190 L L L L L P P L P A A See above P L P P P
    Power or Solid Waste Energy Recovery Plant - C P P P P P P P P C A P P P P P
    Small Wind Energy Systems § 25.02.190 L L L L L L L L P L L P L P P L
    Water or Wastewater Treatment Plant - A C C C C P P P P A A P A P P P
    Telecommunication Uses
    Broadcasting Center § 25.02.190 P P P P P L P L C L L See above P L C C P
    Building-Mounted Telecommunication Facilities § 25.02.190 L L L L L L L L L L L L L C C C
    Wireless Telecommunication Tower § 25.02.190 L L L L L L L L P L L P L P P P
    Table 25.02.130
    Agricultural, Industrial, Utility, and Communication Uses
    Land Use Standards Reference1 Zoning Districts
    Agriculture Residential Mixed Use Nonresidential Overlay and Special Historic2
    AG RR SR GR UR MU SC2 GC DC2 BP GI AP CE2 PI HA-4 HA-P HA-N
    TABLE NOTES:
    1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    2. Subject to design standards set out in Section 25.02.060, Special and Overlay Districts.
    3. Gardening is limited as a principal use and subject to the standards in 25.02.190 Agriculture, Industrial, Utility, and Communication Use Standards. Gardening as an accessory use is allowed in all districts.
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Agricultural Uses
    Agricultural Packing or Processing Facility § 25.02.190 P P P P P P P P P P L Refer to BP and GI Districts. Also, see  Subsection 25.02.060.1 Airport Protection (AP) Overlay District P P P P P
    Agricultural Production § 25.02.190 A L P P P P P P P L L P P P P P
    Agricultural Sales - A P P P P P P P P C A P P P P P
    Animal Feeding Operation (including open feedlots) - C P P P P P P P P P C P P P P P
    Apiary § 25.02.190 C P P P P P P P P P P P P P P P
    Equipment Sales and Service - C P P P P P P C P C A P P P P P
    Farm - A A A A P P P P P A A P P P P P
    Urban Farm§ 25.02.190 A L L L L L P P P P P P P P P P
    Gardening3§ 25.02.190 A L L L L L P P P P P P P P P L
    Food Processing (grain, soybean, and animal feed) - C P P P P P P P P P A P P P P P
    Pigeon Lofts or Cages § 25.02.190 A L L L L P P P P P P P P P P C
    Veterinary Clinic, Large Animal - A P P P P P P C P C A P P P P P
    Wholesale Greenhouse or Nursery § 25.02.190 A C P P P P P C P C A P P P P P
    Industrial Uses
    Airport - P P P P P P P P P A A

    Refer to BP and GI Districts. Also, see  Subsection

    25.02.060.1 

    Airport Protection (AP) Overlay District

    P A P P P
    Automobile Repairs and Service, Heavy § 25.02.190 P P P P P P P C P L A P P P P P
    Bus or Taxi Depot - P P P P P C P A C A P A A C C P
    Commercial Retail, Heavy (building supply, home center) § 25.02.190 P P P P P C P L P L A P P P P P
    Composting Facility - A P P P P P P P P C C P C P P P
    Construction Services and Yards - P P P P P P P P P C A P P P P P
    Extraction (gas, gravel, minerals, oil, or sand) or Landfill § 25.02.190 C C P P P P P P P P C P C P P P
    Food Processing (except grain, soybean, and animal feeding) - C P P P P P P P P A A P P P P P
    Heavy Industry § 25.02.190 P P P P P P P P P L L P P P P P
    Heavy Equipment or Truck Sales or Leasing - P P P P P P P P P C A P P P P P
    Heliport or Helistop - C P P P P C P C C C C P C P P P
    Landfill - C P P P P P P P P P C P P P P P
    Light Industry - P P P P P P P P P A A P P P P P
    Manufacturing and Fabrication - P P P P P P P P P C A P P P P P
    Outdoor Storage Yard § 25.02.190 C P P P P P P P P C L P C P P P
    Recycling Collection - P P P P P P P C P C L P A P P P
    Recycling Collection and Processing Operation § 25.02.190 P P P P P P P P P C L P C P P P
    Researching and Testing Lab - P P P P P P P C P A A P P P P P
    Salvage Facility and Yard § 25.02.190 P P P P P P P P P P C P P P P P
    Self-Storage Facility § 25.02.190 C P P P C C P C P L L P P P P P
    Storage of Flammable or Noxious Materials or Substances - C P P P P P P P P P C P P P P P
    Truck Stop - P P P P P P P C P C A P P P P P
    Warehousing or Distribution - P P P P P P P P P A A P P P P P
    Waste Transfer Station - C P P P P P P P P P C P P P P P
    Wholesale - C P P P P P P P P A A P P P P P
    Utility Uses
    Electrical Substation § 25.02.190 L L L L L P P L P A A See above P L P P P
    Power or Solid Waste Energy Recovery Plant - C P P P P P P P P C A P P P P P
    Small Wind Energy Systems § 25.02.190 L L L L L L L L P L L P L P P L
    Water or Wastewater Treatment Plant - A C C C C P P P P A A P A P P P
    Telecommunication Uses
    Broadcasting Center § 25.02.190 P P P P P L P L C L L See above P L C C P
    Building-Mounted Telecommunication Facilities § 25.02.190 L L L L L L L L L L L L L C C C
    Wireless Telecommunication Tower § 25.02.190 L L L L L L L L P L L P L P P P
    Table 25.02.130
    Agricultural, Industrial, Utility, and Communication Uses
    Land Use Standards Reference1 Zoning Districts
    Agriculture Residential Mixed Use Nonresidential Overlay and Special Historic2
    AG RR SR GR UR MU SC2 GC DC2 BP GI AP CE2 PI HA-4 HA-P HA-N
    TABLE NOTES:
    1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    2. Subject to design standards set out in Section 25.02.060, Special and Overlay Districts.
    3. Gardening is limited as a principal use and subject to the standards in 25.02.190 Agriculture, Industrial, Utility, and Communication Use Standards. Gardening as an accessory use is allowed in all districts.
    Legend:     A = Allowed     L = Limited     C= Conditional     P = Prohibited
    Agricultural Uses
    Agricultural Packing or Processing Facility § 25.02.190 P P P P P P P P P P L Refer to BP and GI Districts. Also, see  Subsection 25.02.060.1 Airport Protection (AP) Overlay District P P P P P
    Agricultural Production § 25.02.190 A L P P P P P P P L L P P P P P
    Agricultural Sales - A P P P P P P P P C A P P P P P
    Animal Feeding Operation (including open feedlots) - C P P P P P P P P P C P P P P P
    Apiary § 25.02.190 C P P P P P P P P P P P P P P P
    Equipment Sales and Service - C P P P P P P C P C A P P P P P
    Farm - A A A A P P P P P A A P P P P P
    Urban Farm§ 25.02.190 A L L L L L P P P P P P P P P P
    Gardening3§ 25.02.190 A L L L L L P P P P P P P P P L
    Food Processing (grain, soybean, and animal feed) - C P P P P P P P P P A P P P P P
    Pigeon Lofts or Cages § 25.02.190 A L L L L P P P P P P P P P P C
    Veterinary Clinic, Large Animal - A P P P P P P C P C A P P P P P
    Wholesale Greenhouse or Nursery § 25.02.190 A C P P P P P C P C A P P P P P
    Industrial Uses
    Airport - P P P P P P P P P A A

    Refer to BP and GI Districts. Also, see  Subsection

    25.02.060.1 

    Airport Protection (AP) Overlay District

    P A P P P
    Automobile Repairs and Service, Heavy § 25.02.190 P P P P P P P C P L A P P P P P
    Bus or Taxi Depot - P P P P P C P A C A P A A C C P
    Commercial Retail, Heavy (building supply, home center) § 25.02.190 P P P P P C P L P L A P P P P P
    Composting Facility - A P P P P P P P P C C P C P P P
    Construction Services and Yards - P P P P P P P P P C A P P P P P
    Extraction (gas, gravel, minerals, oil, or sand) or Landfill § 25.02.190 C C P P P P P P P P C P C P P P
    Food Processing (except grain, soybean, and animal feeding) - C P P P P P P P P A A P P P P P
    Heavy Industry § 25.02.190 P P P P P P P P P L L P P P P P
    Heavy Equipment or Truck Sales or Leasing - P P P P P P P P P C A P P P P P
    Heliport or Helistop - C P P P P C P C C C C P C P P P
    Landfill - C P P P P P P P P P C P P P P P
    Light Industry - P P P P P P P P P A A P P P P P
    Manufacturing and Fabrication - P P P P P P P P P C A P P P P P
    Outdoor Storage Yard § 25.02.190 C P P P P P P P P C L P C P P P
    Recycling Collection - P P P P P P P C P C L P A P P P
    Recycling Collection and Processing Operation § 25.02.190 P P P P P P P P P C L P C P P P
    Researching and Testing Lab - P P P P P P P C P A A P P P P P
    Salvage Facility and Yard § 25.02.190 P P P P P P P P P P C P P P P P
    Self-Storage Facility § 25.02.190 C P P P C C P C P L L P P P P P
    Storage of Flammable or Noxious Materials or Substances - C P P P P P P P P P C P P P P P
    Truck Stop - P P P P P P P C P C A P P P P P
    Warehousing or Distribution - P P P P P P P P P A A P P P P P
    Waste Transfer Station - C P P P P P P P P P C P P P P P
    Wholesale - C P P P P P P P P A A P P P P P
    Utility Uses
    Electrical Substation § 25.02.190 L L L L L P P L P A A See above P L P P P
    Power or Solid Waste Energy Recovery Plant - C P P P P P P P P C A P P P P P
    Small Wind Energy Systems § 25.02.190 L L L L L L L L P L L P L P P L
    Water or Wastewater Treatment Plant - A C C C C P P P P A A P A P P P
    Telecommunication Uses
    Broadcasting Center § 25.02.190 P P P P P L P L C L L See above P L C C P
    Building-Mounted Telecommunication Facilities § 25.02.190 L L L L L L L L L L L L L C C C
    Wireless Telecommunication Tower § 25.02.190 L L L L L L L L P L L P L P P P

    (Ord2016-0624; 2016-0217; 2015-0915; 2015-0433; 2015-0215)

    Effective on: 7/16/2016

    Sec. 25.02.140 Uses That Are Not Listed

  • Authorization of Proposed Use. If a proposed use is not specified in Section 25.02.100, Residential and Commercial Uses of the Home; Section 25.02.110, Institutional, Recreation, and Amusement Uses; Section 25.02.120, Commercial Uses; or Section 25.02.130, Agricultural, Industrial, Utility, and Telecommunication Uses, and the Administrator has made a determination that the use is either a subcategory of an allowed, limited, or conditional use, or a use that is functionally similar to an allowed, limited, or conditional use, the Administrator will authorize the proposed use, and apply all standards that would have applied to the similar use.
  • If Not Authorized Then Prohibited. If the Administrator determines that a proposed use is not a subcategory of, or functionally similar to, an allowed, limited, or conditional use, then the use is a prohibited use.
  • Decision Criteria. The following decision criteria shall be evaluated when the Administrator, or at the Administrator’s discretion, the Commission, decides whether a proposed use is a subcategory of, or is functionally comparable to, an allowed, limited, or conditional use:
    1. Parking demand;
    2. Average daily and peak hour trip generation (cars and trucks);
    3. Impervious surface;
    4. Regulated air or water emissions;
    5. Noise;
    6. Lighting;
    7. Dust;
    8. Odors;
    9. Solid waste generation;
    10. Potentially hazardous conditions, such as projectiles leaving the site;
    11. Use and storage of hazardous materials;
    12. Character of buildings and structures;
    13. Nature and impacts of operation; and
    14. Hours of operation.
  • Conditions for Use Interpretation. The following conditions shall govern the Administrator and the Board of Adjustment on appeals from the Administrator, in issuing a use interpretation:
    1. No use interpretation shall permit a use listed as an allowed, limited, or conditional use in any district to be established in any other district in which such use is not so listed;
    2. No use interpretation shall permit any use in any district unless evidence is presented which demonstrates that it will comply with each use limitation established for the particular district;
    3. No use interpretation shall permit any use in a particular district unless such use is substantially similar to other uses permitted in the district and is more similar to such other uses than to allowed, limits, or conditional uses in a more restrictive district; and
    4. If the proposed use is most similar to a use permitted only as a conditional use in the district in which it is proposed to be located, then any use interpretation permitting such use shall be conditioned on the issuance of a permit for a conditional use. 
  • Effect of Determination.
    1. If the Administrator approves an application for a decision pursuant to this Section, then the use is allowed subject to the same standards and procedures as the use to which it was compared for the purposes of the favorable decision.
    2. If the Administrator determines that a proposed use is not a subcategory of, or is not functionally comparable to, a use that is allowed in the use table for the district that applies to the parcel proposed for development, then the proposed use is a prohibited use in that district.
    3. No determination that finds a particular use to be an allowed, limited, or conditional use in a specified district shall authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals which may be required by this Code or other ordinances of the City, including, but not limited to, a building permit, certificate of occupancy, and subdivision approval. 
  • (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.02.150 Purpose and Application

  • Purpose. The purpose of this Division is to promote compatibility among land uses in the City by establishing specific standards for the establishment of limited and conditional uses which are indicated in the use tables in Subchapter 25.02-CLand Uses.
  • Application. Uses shown as limited "L" or conditional "C" can be approved only if they meet the standards of this Division and other applicable standards and requirements of this Code.
  • Timing of Compliance. The standards of this Division apply at the time a limited or conditional use is requested to be established in an existing or new structure, or when an existing limited or conditional use is proposed to be expanded by more than 10 percent of the existing square footage currently devoted to the use. This Section applies to an expansion of use whether it is to or within an existing building, in an outdoor area devoted to the use, or a combination of thereof.
  • Standards for All Limited Uses. An application for limited use approval may be approved if, in addition to the specific standards of this Division that apply to the use, it is demonstrated that:
    1. The proposed limited use in its proposed location will not conflict with the implementation of current adopted plans of the City; and
    2. The limited use is compatible with surrounding land uses and natural environment, and will not materially detract from the character of the immediate area or negatively affect the anticipated development or redevelopment trajectory (for example, by creating a critical mass of similar limited uses that is likely to discourage permitted uses by making the vicinity less desirable for them).
  • Standards for All Conditional Uses. An application for conditional use approval may be approved by the Board of Adjustment if, in addition to the specific standards of this Division that apply to the use, it is demonstrated that:
    1. The standards of Item 4., above, are met.
    2. There is no practicable alternative location where the use is permitted as-of-right in the general vicinity of the parcel proposed for development, or, if such location exists, the proposed location is comparable or more favorable in terms of:
      1. Providing a needed community service;
      2. Making more efficient use of public infrastructure, such as off-peak street capacity; and
      3. Providing a balance of land uses, ensuring that appropriate supporting activities, such as employment, housing, leisure-time, and retail centers are in close proximity to one another.
  • Additional Standards for Specified Conditional Uses. Where the district regulations authorizing a conditional use in a particular district impose additional standards to be met by such use, a conditional use permit for such use and in such district shall be granted only if evidence is presented to establish compliance with such additional standards.
  • Conditions on Conditional Uses. The Board of Adjustment may impose such conditions upon the premises which benefits by a conditional use permit as may be necessary to prevent or minimize adverse effects upon other property in the neighborhood; provided, however, that such conditions shall not be used as a device to grant a permit for a conditional use which is intended to be temporary in nature. Such conditions shall be expressly set out in the resolution authorizing the conditional use and in the permit. Violation of such conditions shall be a violation of this Code. 
  • Limitations on Permits for Conditional Uses.
    1. Period of Validity. No conditional use permit shall be valid for a period longer than nine months from the date of issuance unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion, or an certificate of occupancy is obtained and a use commenced within that period.
    2. Applicable Use and Expiration. A permit for a conditional use shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six consecutive months or more. 
  • Other Applicable Standards. The standards of this Section are applied in addition to the other applicable standards of this Code, specifically including:​
    1. Subchapter 25.03-ADevelopment Yield and Lot Standards;
    2. Subchapter 25.03-BAccessory and Supplemental Standards;
    3. Subchapter 25.03-CDesign Standards;
    4. Subchapter 25.05-AParking and Loading;
    5. Subchapter 25.05-BLandscaping and Buffering; and
    6. Subchapter 25.05-CSigns.
  • Procedures. For limited uses, the procedures set out in Section 25.06.080.3Zoning Compliance Certificate, apply. For conditional uses, the procedures set out in Section 25.06.090.7Conditional Use Permit apply.
  • Uses Not Listed. If there are limited and conditional uses specified in Subchapter 25.02-CLand Uses, that are not included in this Section, all applicable standards of this Code and all conditions of approval that may be determined by the Commission and City Council shall apply.
  • (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.02.160 Residential and Commercial Uses of the Home Standards

    Single-Family Detached

    1. 1.
      Lot Line Homes are allowed if it is demonstrated that:
      1. a.
        They are constructed only in the districts and neighborhood types that allow them, as set out in Section 25.02.090, Neighborhood Types.
      2. b.
        The side yard setback opposite of the zero lot line shall comply with the dimension set out in Table 25.03.030.3A, Single-Family Detached Lot and Building Standards.
      3. c.
        The side yard setback adjacent to a standard residential lot shall be equal to that of the standard lot.
      4. d.
        An easement for maintenance of the lot line facade is filed with Woodbury County and the City Clerk at the time of application for a building permit.
      5. e.
        Lot line homes shall not be designed with windows that provide views into the side yards of abutting property. However, windows may be permitted in windowless walls only if it is demonstrated that:
        1. 1.
          The construction of the wall meets the standards of the Fire Code;
        2. 2.
          Windows are frosted or composed of glass block, do not open, are materially offset from windows of any type on adjoining property, and satisfy all applicable building and fire code requirements; or
        3. 3.
          The adjoining land is a public right-of-way or easement or is commonly owned or public open space.
    2. 2.
      Manufactured Homes are allowed if it is demonstrated that they:
      1. a.
        Comply with all provisions of Title 22, Mobile Homes and Mobile Home Parks, of the Municipal Code;
      2. b.
        Are located within a manufactured home park;
      3. c.
        Comply with the standards set out in Table 25.03.030.3, Lot and Building Standards.
      4. d.
        Are under-skirted around the perimeter of the entire home with a non-weight bearing foundation constructed of brick, masonry, vinyl, or similar materials that are compatible with the structural design of the manufactured home and manufactured for permanent outdoor installation;
      5. e.
        Have all moving or towing apparatus removed or concealed, including the hitch, wheels, and axles.
      6. f.
        Consist of any of the following siding materials:
        1. 1.
          Residential horizontal aluminum or vinyl lap siding;
        2. 2.
           Cedar or other wood siding;
        3. 3.
           Wood grain, weather resistant, press board siding;
        4. 4.
           Stucco siding; or
        5. 5.
           Brick or stone siding.
      7. g.
        Consist of any of the following roofing materials:
        1. 1.
          Fiberglass shingles;
        2. 2.
          Shake shingles;
        3. 3.
          Asphalt shingles; or
        4. 4.
          Tile.
    3. 3.
      Manufactured and Modular Homes are allowed as a site-built dwelling if it is demonstrated that they are:
      1. a.
        In compliance with the Iowa State Building Code for modular, factory built structures and display the seal issued by the state Building Code Commissioner;
      2. b.
        Constructed to meet the build code standards of the City, as amended from time to time;
      3. c.
        Comply with the standards set out in Table 25.03.030.3, Lot and Building Standards;
      4. d.
        Constructed to comply with the standards set out in:
        1. 1.
          Section 25.03.140, Single-Family, Duplex, and Twin Homes Design Standards; and
        2. 2.
          Section 25.03.190.7, Urban Renewal Neighborhood Design Standards.

    Single-Family Attached

    1. 4.
      Duplex and Twin Home (Condominium ) Units are allowed if it is demonstrated that:
      1. a.
        Units that take vehicular access from improved street right of way may provide a separate driveway for each unit that shall be no more than 20 feet wide or provide a shared driveway for both units no greater than 40 feet wide;
      2. b.
        Duplex homes are established on either a single or two individual lots of record that comply with the standards set out in Table 25.03.030.3A, Single-Family Detached Lot and Building Standards;
      3. c.
        Twin home are established on two individual lots of record.
      4. d.
        Exterior building materials are of similar type, quality, and durability as other housing types in the same and abutting developments;
      5. e.
        Primary entrance(s) into the building shall be oriented to face the street, which may be a shared entrance with access to each unit;
      6. f.
        They comply with the standards set out in:
        1. 1.
          Section 25.03.030, Residential Use Accessory and Supplemental Standards;
        2. 2.
          Section 25.03.140, Single-Family, Duplex, and Twin Homes Design Standards;
        3. 3.
          Section 25.05.030, Parking and Loading Calculations;
        4. 4.
          Section 25.05.120, Development Landscaping; and
        5. 5.
          Subsection 25.06.080.10, Site Plan.
      7. g.
        In a TND, vehicular access to the units is provided via an alley or rear parking court.
      8. h.
        Conversions of single family to duplex is allowed if the following are met:
        1. 1.
          Units can be attached in a standard (side-by-side), vertical (over-under) or front-back arrangement.
        2. 2.
          Individual entry only, no common entry. All units must have an accessible route to off-street parking.
        3. 3.
          Must meet all lot area, frontage, height, and setback requirements for attached single family in Table 25.03.030.3B. Front-back conversions must meet the requirements for Vertical Duplexes.
        4. 4.
          Must meet all requirements of Item f. above.
           
    2. 5.
      Townhomes are allowed if it is demonstrated that:
      1. a.
        Within mixed housing neighborhoods and traditional neighborhood developments, as set out in Table 25.02.090, Neighborhood Types, townhomes are separated from single-family detached dwellings by a Type A bufferyard or public street right-of-way;
      2. b.
        They comply with the standards set out in Section 25.03.160, Multi-Family Housing Design Standards.
      3. c.
        They comply with the standards set out in Table 25.03.030.3A, Single-Family Attached Lot and Building Standards;
      4. d.
        Not more than eight or fewer than three townhomes are joined together with the same or staggered front yard setbacks;
      5. e.
        A development that is proposed with staggered front setback lines shall meet the minimum required front yard setback for the district;
      6. f.
        Staggered front yard setbacks of adjoining buildings do not vary in their setbacks by more than 20 feet; and
      7. g.
        Primary entrance(s) into the building are oriented to face the street, provided that they may have a shared entrance with access provided for no more than three individual units;
      8. h.
        Exterior building materials are of similar type, quality, and durability as other housing types in the same and abutting developments;
      9. i.
        There is a minimum distance of not less than 20 feet between unattached townhome units; and
      10. j.
        In the DC, HA-4, HA-P Districts, or in a TND:
        1. 1.
          Vehicular access to the units is provided via an alley or rear parking court; and
        2. 2.
          The use provides a courtyard that is visible from the street or a plaza that is accessible from the sidewalk.

    Multiple-Family

    1. 6.
      Apartments are allowed if it is demonstrated that:
      1. a.
        Within mixed housing neighborhoods and traditional neighborhood developments, as set out in Table 25.02.090, Neighborhood Types, apartments are separated from single-family detached and attached dwellings by a Type B bufferyard or public street right-of-way;
      2. b.
        They comply with the standards set out in Section 25.03.160, Multi-Family Housing Design Standards.
      3. c.
        They are not located closer than 300 feet to an NC.1, NC.2, or NC.3 subdistrict boundary, unless separated from such subdistrict by a Type B bufferyard or public street right-of-way;
      4. d.
        Buildings are designed such that there are not more than eight dwelling units per floor;
      5. e.
        Parking areas for three or more vehicles that abut street rights-of-way are screened with a Type B bufferyard;
      6. f.
        In the SR District, there are no more than 12 units in any single development;
      7. g.
        In the DC, HA-4, HA-P Districts, or in a TND:
        1. 1.
          Vehicular access to the units is provided via an alley or rear parking court; and
        2. 2.
          The use provides a courtyard that is visible from the street or a plaza that is accessible from the sidewalk.
    2. 7.
      Boarding Homes that existed as of the effective date of this Code shall be:
      1. a.
        Registered with the State of Iowa and shall have submitted occupancy reports to the Department of Inspections and Appeals, in accordance with Chapter 135O, Boarding Homes, Iowa Code;
      2. b.
        In full compliance with all applicable building and fire codes of the City, as amended from time to time;
      3. c.
        Subject to the City's rental registration and inspection program;
      4. d.
        Responsible for making application for a conditional use permit, which requires that the boarding home:
        1. 1.
          Has not more than six occupants;
        2. 2.
          Has sleeping rooms that have no less than 50 square feet per person for multiple occupancy or 70 square feet of floor space per sleeping room for single occupancy;
        3. 3.
          Has on-site staff supervision if there are three or more occupants;
        4. 4.
          Is reconsidered every two years for re-issuance of the conditional use permit.
    3. 8.
      Multiplexes are allowed if it is demonstrated that:
      1. a.
        Within mixed housing neighborhoods and traditional neighborhood developments, as set out in Table 25.02.090, Neighborhood Types, multiplexes are separated from single-family detached dwellings by a Type A bufferyard or public street right-of-way;
      2. b.
        They are constructed with not more than four units;
      3. c.
        They comply with the standards set out in Table 25.03.030.3A, Single-Family Attached Lot and Building Standards;
      4. d.
        Parking areas for three or more vehicles that abut street rights-of-way are screened with a Type B bufferyard;
      5. e.
        Exterior building materials are of similar type, quality, and durability as other housing types in the same and abutting developments;
      6. f.
        In the SC District:
        1. 1.
          The use occurs as a conversion within the square footage of an existing unit; or
        2. 2.
          Any expansion that increases the square footage of the existing building meets the following standards:
          1. A.
            The square footage of the expanded multiplex is no greater than 120 percent of the largest residence within 300 feet in any direction;
          2. B.
            Exterior building materials are of similar type, quality, and durability as the existing building materials;
          3. C.
            The structure retains the appearance of a single family dwelling;
      7. g.
        Only one entrance is directly visible from any public right-of-way;
      8. h.
        Individual unit and garage entries must be on at least three facades, or designed in a manner so as to appear as a single-family dwelling; and
      9. i.
        In the DC, HA-4, HA-P Districts, or in a TND, vehicular access to the units is provided via an alley or a rear parking court.
    4. 9.
      Dormitories, Fraternities, or Sororities are allowed if it is demonstrated that:
      1. a.
        They consist of or house students of a college or university and are recognized and regulated by such college or university;
      2. b.
        They are on or within one-half mile of the campus of a college, university, vocational school, private school, or hospital;
      3. c.
        They comply with the standards set out in Table 25.03.030.3A, Single-Family Attached Lot and Building Standards;
      4. d.
        They are separated from single-family detached dwellings by a Type B bufferyard or public street right-of-way; and
      5. e.
        Vehicular access is produced by a collector or arterial street.

    Mixed Use

    1. 10.
      Live-Work Units are allowed if it is demonstrated that:
      1. a.
        Within mixed housing neighborhoods and traditional neighborhood developments, as set out in Table 25.02.090, Neighborhood Types, live-work units are separated from single-family detached dwellings by a Type A bufferyard or public street right-of-way;
      2. b.
        The units are designed with an external appearance as a residence rather than a commercial business;
      3. c.
        Signage is restricted to a single placard with a maximum size of two square feet that must be affixed securely and flat against a wall of the unit;
      4. d.
        The area devoted to work does not exceed 50 percent of the total habitable area of the unit;
      5. e.
        Employees are restricted to residents of the dwelling;
      6. f.
        They are in the following locations:
        1. 1.
          On lots that have frontage on arterial or collector streets (including in multi-family buildings which are oriented toward arterials or collector streets); or
        2. 2.
          Within 300 feet of the designated "core" center of a traditional neighborhood development (TND).
      7. g.
        In the DC and HA-4 Districts, or in a TND:
        1. 1.
          The residential portion of the live-work unit must be located above the ground floor, other than entrance and lobby space, and/or behind the nonresidential portion of the unit; and
        2. 2.
          Vehicular access to the units is provided via an alley or a rear parking court.
    2. 11.
      Work-Live Units are allowed if it is demonstrated that:
      1. a.
        Within mixed housing neighborhoods and traditional neighborhood developments, as set out in Table 25.02.090, Neighborhood Types, work-live units are separated from single-family detached dwellings by a Type B bufferyard or public street right-of-way;
      2. b.
        They are in the following locations:
        1. 1.
          On lots that have frontage on arterial or collector streets (including in multi-family buildings which are oriented toward arterials or collector streets); or
        2. 2.
          Within 300 feet of the neighborhood center of a traditional neighborhood development.
      3. c.
        They are constructed with not more than four units; and
      4. d.
        In the DC, HA-4, HA-P and HA-N Districts, or in a TND:
        1. 1.
          The residential portion of the work-live unit must be located above the ground floor, other than entrance and lobby space, and/or behind the nonresidential portion of the unit; and
        2. 2.
          Vehicular access to the units is provided via an alley, parking structure, or rear parking court.
      5. e.
        Signage complies with that in the district for which the work-live unit is proposed.

    Commercial Use of the Home

    1. 12.
      Bed and Breakfast Homes are allowed if it is demonstrated that:
      1. a.
        The minimum gross habitable floor area is not less than 750 square feet per rooming unit;
      2. b.
        The lot complies with the standards set out in Table 25.03.030.3, Lot and Building Standards, within the district in which it is proposed to be located;
      3. c.
        Meals are provided to residents and overnight guests only (e.g. no outside catering);
      4. d.
        Private events are allowed only by the issuance of a conditional use permit;
      5. e.
        There is no more than one non-resident employee;
      6. f.
        The home is inspected by the Building Official and Fire Marshall, with a written record indicating that the home meets all applicable building and fire codes prior to occupancy as a bed and breakfast home;
      7. g.
        Lodging will occur only in the primary residence that existed on the effective date of this Code;
      8. h.
        The principal use of the home is as a single-family residence, with an accessory use for temporary or overnight lodging;
      9. i.
        The business is conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence;
      10. j.
        All off-street parking complies with the provisions set out in Subchapter 25.05-A, Parking and Loading, and shall be fully screened from the view of the public and adjacent properties with a Type A bufferyard; and
      11. k.
        Signage is limited to a single, non-illuminated placard or nameplate with a maximum size of two square feet that is affixed securely and flat against a wall of the home.
    2. 13.
      Bed and Breakfast Inns are allowed if it is demonstrated that:
      1. a.
        The minimum gross habitable floor area is not less than 500 square feet per rooming unit;
      2. b.
        The lot complies with the standards set out in Table 25.03.030.3, Lot and Building Standards, or Subsection 25.03.040.1, Development Standards, within the district in which it is proposed to be located;
      3. c.
        Meals are provided to residents and overnight guests only;
      4. d.
        Non-guest meals and private events are allowed only by the issuance of a conditional use permit;
      5. e.
        There are no more than three non-resident employees provided ample employee parking is provided on-site;
      6. f.
        Lodging will occur in the primary residence and may occur in a guesthouse or accessory dwelling by the issuance of a conditional use permit;
      7. g.
        The principal use of the inn is for temporary or overnight lodging with an accessory use for catering or other events, as established by a conditional use permit;
      8. h.
        The preparation of food for catering events on or off the premises is allowed by a conditional use permit, provided ample parking is provided on-site or other arrangements are made to meet the parking needs of the event;
      9. i.
        The business is conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence;
      10. j.
        All off-street parking complies with the provisions set out in Subchapter 25.05-A, Parking and Loading, and shall be fully screened from the view of the public and adjacent properties with a Type B bufferyard; and
      11. k.
        Signage complies with the standards set out in Subchapter 25.05-C, Signs.
    3. 14.
      Elder Group Homes are allowed if it is demonstrated that, in accordance with Chapter 231B, Elder Group Homes, Iowa Code:
      1. a.
        If the elder group home is certified with the Department of Inspections and Appeals and complies with all other provisions of state law, it is operated by:
        1. 1.
          A hospital licensed pursuant to Chapter 135B;
        2. 2.
          A health care facility licensed pursuant to Chapter 135C;
        3. 3.
          An assisted living program certified pursuant to Chapter 231C; or
        4. 4.
          An adult day services program certified pursuant to Chapter 231D.
      2. b.
        A written occupancy agreement is executed between the elder group home and each tenant or the tenant's legal representative prior to occupancy;
      3. c.
        The elder care home is staffed by an on-site manager 24 hours per day, seven days per week;
      4. d.
        The home is certified with and monitored by the Iowa Department of Inspections and Appeals;
      5. e.
        The rules adopted for the special classification by the state Fire Marshall regarding second floor occupancy and the mobility of tenants is herein adopted by reference;
      6. f.
        The home is located only in the districts allowed by this Code, which shall be located in an area zoned for single-family or multiple-family housing;
      7. g.
        There are no more than five elders who are not related to the person providing the service within the third degree of consanguinity or affinity;
      8. h.
        The person providing the service is a full-time occupant of the dwelling unit for which elder care is provided; and
      9. i.
        The elder group home complies with the Uniform Residential Landlord and Tenant Act.
    4. 15.
      Child Care Homes are allowed if it is demonstrated that:
      1. a.
        The use is limited to a single-family detached or a duplex or twin home dwelling that meets all standards of this Code;
      2. b.
        The home is not located along an arterial street;
      3. c.
        There is at least 100 square feet of exterior open space per child, which is entirely enclosed by a building, fence, or wall with a height of at least four feet;
      4. d.
        Signage is restricted to a single placard with a maximum size of two square feet that must be affixed securely and flat against a wall of the home;
      5. e.
        Employees are restricted to residents of the dwelling;
      6. f.
        Adequate precautions are taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and
      7. g.
        The Child Care Home shall meet the parking requirements set out in Table 25.05.030.2.1 Off-Street Parking for Residential and Commercial Uses of the Home.
    5. 16.
      Child Development Homes or Child Care Centers are allowed if it is demonstrated that the operator for the use meets all certification, licensing, inspection, and/or monitoring requirements of the Iowa Department of Human Services in accordance with Chapter 237A.3A, Iowa Code.
    6. 17.
      Home occupations are allowed , if it is demonstrated that:
      1. a.
        The use does not include:
        1. 1.
        2. 2.
          Automobile repair and service establishments; 
        3. 3.
          Retail shopping establishments;
        4. 4.
          Animal hospitals;
        5. 5.
          Repair shops or service establishments performing major electrical appliance repair, and related uses;
        6. 6.
          Stables or kennels;
        7. 7.
          Welding, vehicle body repair, or rebuilding or dismantling of vehicles;
        8. 8.
          Recycling or Collections;
        9. 9.
          Salvage Operations; or
        10. 10.
          Restaurant.
      2. b.
        The occupation does not exceed the greater of 25 percent of the gross floor area of the principal building or 400 square feet, which excludes the floor area of an attached or detached garage or an accessory dwelling unit;
      3. c.
        The occupation is only operated in the principal dwelling or in a detached accessory structure;
      4. d.
        Employees are restricted to residents of the dwelling ;
      5. e.
        No alterations are made to the dwelling that changes its residential character or appearance;
      6. f.
        Mechanical or electrical equipment supporting the home occupation is limited to that which is self-contained within the structure and normally used for domestic or household purposes;
      7. g.
        There is no outdoor display or storage of goods, materials, merchandise, or equipment related to the home occupation in excess of 30 cubic feet that is visible from the exterior of the dwelling unit;
      8. h.
        The occupation does not require the delivery or shipment of materials, merchandise, goods, or equipment by other than passenger motor vehicles, one ton step-up vans, or similar-sized trucks that are less than seven tons gross vehicle weight;
      9. i.
        There is no parking or storage of Class 4 and above (gross vehicle weight rating greater than 14,000 pounds) commercial trucks to conduct the home occupation, unless allowed by a nonresidential zoning district;
      10. j.
        Parking needs generated by the home occupation are satisfied on-site, in compliance with the provisions set out in Subchapter 25.05-A, Parking and Loading;
      11. k.
        Not more than one vehicle used in connection with a home occupation shall be visible from the public right-of-way, and shall not be intended as an advertising display. Any additional vehicles used in connection with a home occupation shall be stored in an enclosed garage during periods of non-use. Vehicles with a vehicle-mounted sign shall not be parked visibly from the public right-of-way for longer than 72 hours;
      12. l.
        The occupation will not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties;
      13. m.
        There shall be no off-premises signs or radio, television, newspaper, handbill, or similar types of advertising linking the premises with the home occupation;
      14. n.
        The occupation will not be more dangerous to life, personal safety, or property than any other activity ordinarily carried on with respect to a dwelling unit used solely for residential purposes;
      15. o.
        Signage is limited to a single, non-illuminated placard or nameplate with a maximum size of two square feet that is affixed securely and flat against a wall of the home; and
      16. p.
        The occupation will be operated in accordance with all applicable laws and, if a state permit is required, such permit shall be obtained prior to beginning operation.
    7. 18.

      High-Density Apartments are allowed if it is demonstrated that:

      1. a.
        They comply with the standards set out in Section 25.03.160, Multi-Family Housing Design Standards.
      2. b.
         They are not located closer than 300 feet to an NC.1, NC.2, or NC.3 subdistrict boundary, unless separated from such subdistrict by a Type B bufferyard or public right-of-way;
      3. c.
        Parking areas for three or more vehicles that abut street rights-of-way are screened with a Type B bufferyard;
      4. d.

        Minimum parking requirements may be waived with approval of a parking study pursuant to Subsection 25.05.030.5, Parking Studies, Credits, and Reductions.

         

         

    (Ord. 2024-0808; 2015-0433; 2015-0215; 2021-0460)

    Effective on: 8/10/2024

    Sec. 25.02.170 Institutional, Recreation, and Amusement Use Standards

    Institutional Uses

    1. 1.
      Child Care Centers are allowed if it is demonstrated that the operator for the use meets all certification, licensing, inspection, and/or monitoring requirements of the Iowa Department of Human Services in accordance with Chapter 237A, Iowa Code, and if it is demonstrated in residential districts that:
      1. a.
        The structure is residential in scale and of a similar architectural character as residences in the neighborhood;
      2. b.
        Adequate off-street drop-off and pick-up space is provided on-site; and
      3. c.
        All outdoor areas of concentrated play activity is fenced and screened to minimum auditory and visual impacts on abutting or adjacent residential districts or uses.
    2. 2.

      Community Center or Charitable Institutions are allowed if it is demonstrated that:

      1. a.

        Access to parking areas for more than 50 vehicles and to service areas is from a collector or arterial street or service road; and

      2. b.

        A Type C bufferyard is provided when abutting or adjacent to a residential use or district.

    3. 3.
      Crematories are allowed if they are associated with a mortuary or animal shelter, where allowed.
    4. 4.
      Funeral Homes, Chapels, and Mortuaries are allowed if it is demonstrated that:
      1. a.
        In the GR, UR, and SC Districts:
        1. 1.
          There is no cremation on-site.
        2. 2.
          The building is an adaptive reuse of a nonresidential building, or part thereof, or if built new, is designed to be residential in character;
        3. 3.
          The use takes access to a collector or arterial street;
        4. 4.
          The uses comply with all applicable lot, setback, and height setbacks for the district within which it is proposed; and
        5. 5.
          The minimum landscape surface ratio shall be no less than 20 percent of the lot.
      2. b.
        In all other districts, if cremation is performed, a supplemental filtration system is installed to reduce airborne mercury and particulate matter.
    5. 5.
      Institutional Residential Facilities are allowed if it is demonstrated that:
      1. a.
        In all districts:
        1. 1.
          No institutional residential facility shall be established without, and every permit for an institutional residential facility shall be conditioned upon, the prior licensing, certification or other approval of every public agency charged with the regulation or supervision of any facet of the activity of the proposed facility. Every application for a limited or conditional use permit for an institutional residential facility shall set forth each agency which must approve the establishment or operation of the facility, shall be accompanied by a copy of an application or other request to each such agency for such approval, shall set forth the status of each such application, and shall state any facts known to the applicant which might result in the denial or delay of any required approval which has not been obtained as of the time of the filing of the application for a limited or conditional use permit.
        2. 2.
          If the capacity of the use is more than 15 residents, primary access to the site is from a collector or arterial street;
        3. 3.
          The use is not located closer than 100 feet to the boundaries of the NC.1, NC.2, NC.3, SR, or GR Districts;
        4. 4.
          The use is separated from single-family detached dwellings by a Type B bufferyard;
        5. 5.
          Every institutional residential facility shall provide qualified supervisory personnel. Such personnel shall have sufficient education and experience, and shall be present in sufficient numbers and during sufficient and appropriate hours of the day, to meet all standards of any agency responsible for the licensing or regulation of the institutional residential facility and such additional services as may be required by the Board of Adjustment. The limited or conditional use permit shall specifically establish minimum standards for supervision. The name and telephone number of at least one person having responsibility for the operation of the facility shall be listed in the Sioux City telephone directory under the name of the facility.
        6. 6.
          Parking for institutional residential facilities shall be provided in accordance with the standards and requirements of this Code;
        7. 7.
          Institutional residential facilities shall provide usable exterior open space, which may include any required yard area;
        8. 8.
          Every institutional residential facility shall be provided with, or have ready access to, facilities and services necessary and appropriate to the needs of its residents for active and passive recreation, medical care, educational, cultural and religious activities, consumer goods and services, and public transportation;
        9. 9.
          No conditional use permit for an institutional residential facility shall be granted unless the applicant shall establish to the satisfaction of the Board of Adjustment that there exists a reasonably certain source of continuous and sufficient funds to provide for the operation and maintenance of such facility in accordance with the representations of the application and the various standards applicable to such facility by reason of this title and other laws and regulations; and
        10. 10.
          In deciding the issue of granting a conditional use permit for an institutional residential facility, the Board of Adjustment shall consider whether the proposed location will materially add to the concentration of such facilities in the vicinity. The Board of Adjustment shall consider that the widest feasible dispersion of such facilities around the City is part of the justification for the existence of the facilities.
      2. b.
        In the SC District, the building is an adaptive reuse of a residential dwelling, or part thereof, or if built new, is designed to be residential in character.
      3. c.
        In residential districts:
        1. 1.
          The facility provides care for not more than eight permanent residents plus one additional occupant on an emergency basis; and
        2. 2.
          The resident supervisory family does not exceed three persons.
    6. 6.
      Places of Assembly are allowed if it is demonstrated that:
      1. a.
        In any Neighborhood Conservation (NC) Subdistrict:
        1. 1.
          Off-street parking is not allowed on non-contiguous lots;
        2. 2.
          Signs shall comply with the provisions of Subchapter 25.05-C​, Signs;
        3. 3.
          Expansion to abutting lots or parcels meets the following criteria and standards:
          1. A.
            It will allow the use to take access from a collector or arterial roadway;
          2. B.
            It will involve the installation of a Type B bufferyard between the use and abutting residential uses, unless equivalent buffering is already provided; and
          3. C.
            The expansion will not involve the location of buildings or parking within 50 feet of residential property.
      2. b.
        In the SR, GR, UR, and SC Districts, the use must be located in a permanent structure.
      3. c.
        The use is conducted so that it does not create parking or traffic congestion or otherwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence;
      4. d.
        In the districts for which it is an approved use, as set out in Table 25.02.110, Institutional, Recreation, and Amusement Uses, it has a minimum site area that is the greater of:
        1. 1.
          Four times the minimum lot size of the respective district; or
        2. 2.
          The following minimum site areas:
          1. A.
            School: Five acres
          2. B.
            Other places of assembly: Two acres
      5. e.
        In the RR, SR, and GR Districts, the use complies with the standards set out in Table 25.02.170, Standards for Places of Assembly.
    Table 25.02.170
    Standards for Places of Assembly
    StandardZoning District
    RRSRGR

    Minimum Lot Area

    2 ac.

    25,000 sf. (no minimum in neighborhood center of TND)

    20,000 sf. (no minimum in neighborhood center of TND)

    Minimum Lot Width

    150 ft.

    Same as underlying district

    Same as underlying district

    Minimum Frontage

    150 ft.

    Same as underlying district

    Same as underlying district

    Minimum Building Setbacks

    20 ft. from all property lines

    Same as underlying district

    Same as underlying district

    Maximum Floor Area Ratio (FAR)

    0.20

    0.30

    0.35

    Required Access

    Collector or Arterial Street

    Collector or Arterial Street (or any street in a TND)

    Collector or Arterial Street (or any street in a TND)

    Required bufferyard along residential property lines if gross floor area of the use is greater than 5,000 square feet.

    Type A

    Type B

    Type C

    Table 25.02.170
    Standards for Places of Assembly
    StandardZoning District
    RRSRGR

    Minimum Lot Area

    2 ac.

    25,000 sf. (no minimum in neighborhood center of TND)

    20,000 sf. (no minimum in neighborhood center of TND)

    Minimum Lot Width

    150 ft.

    Same as underlying district

    Same as underlying district

    Minimum Frontage

    150 ft.

    Same as underlying district

    Same as underlying district

    Minimum Building Setbacks

    20 ft. from all property lines

    Same as underlying district

    Same as underlying district

    Maximum Floor Area Ratio (FAR)

    0.20

    0.30

    0.35

    Required Access

    Collector or Arterial Street

    Collector or Arterial Street (or any street in a TND)

    Collector or Arterial Street (or any street in a TND)

    Required bufferyard along residential property lines if gross floor area of the use is greater than 5,000 square feet.

    Type A

    Type B

    Type C

    Table 25.02.170
    Standards for Places of Assembly
    StandardZoning District
    RRSRGR

    Minimum Lot Area

    2 ac.

    25,000 sf. (no minimum in neighborhood center of TND)

    20,000 sf. (no minimum in neighborhood center of TND)

    Minimum Lot Width

    150 ft.

    Same as underlying district

    Same as underlying district

    Minimum Frontage

    150 ft.

    Same as underlying district

    Same as underlying district

    Minimum Building Setbacks

    20 ft. from all property lines

    Same as underlying district

    Same as underlying district

    Maximum Floor Area Ratio (FAR)

    0.20

    0.30

    0.35

    Required Access

    Collector or Arterial Street

    Collector or Arterial Street (or any street in a TND)

    Collector or Arterial Street (or any street in a TND)

    Required bufferyard along residential property lines if gross floor area of the use is greater than 5,000 square feet.

    Type A

    Type B

    Type C

    Table 25.02.170
    Standards for Places of Assembly
    StandardZoning District
    RRSRGR

    Minimum Lot Area

    2 ac.

    25,000 sf. (no minimum in neighborhood center of TND)

    20,000 sf. (no minimum in neighborhood center of TND)

    Minimum Lot Width

    150 ft.

    Same as underlying district

    Same as underlying district

    Minimum Frontage

    150 ft.

    Same as underlying district

    Same as underlying district

    Minimum Building Setbacks

    20 ft. from all property lines

    Same as underlying district

    Same as underlying district

    Maximum Floor Area Ratio (FAR)

    0.20

    0.30

    0.35

    Required Access

    Collector or Arterial Street

    Collector or Arterial Street (or any street in a TND)

    Collector or Arterial Street (or any street in a TND)

    Required bufferyard along residential property lines if gross floor area of the use is greater than 5,000 square feet.

    Type A

    Type B

    Type C

    Education Uses, Public or Private

    1. 7.
      College, University, or Vocation Schools are allowed if it is demonstrated that:
      1. a.
        Circulation and parking plans are submitted to and approved by the City, which demonstrate that:
        1. 1.
          Peak traffic impacts to the adjacent rights-of-way are mitigated to allow the rights-of-way to function at an acceptable level of service that is no greater than one level worse that the traffic conditions that existed prior to establishment of the use;
        2. 2.
          Access to parking areas for more than 50 vehicles and to service areas is from a collector or arterial street or service road;
        3. 3.
          On-campus circulation includes improvements that provide for the mobility and safety of pedestrians and bicyclists; and
        4. 4.
          Parking will be accommodated on campus or in parking lots adjacent to or near the campus so as to preserve the traffic carrying capacity of local streets for the purpose of public safety, as well as to preserve the character and value of the surrounding neighborhoods.
      2. b.
        In the DC, HA-4, and HA-P Districts, the use does not involve hands-on instruction in a trade that is not allowed in the zone in which the use is located. For example, auto repair instruction with hands-on training or demonstration on actual automobiles is not allowed because it relates to a prohibited use in these districts (automobile repairs and service); but cooking instruction is allowed because it relates to a permitted use (restaurant, no drive-in or drive-through).
      3. c.
        A Type C bufferyard between the use and abutting residential uses will be planted, unless equivalent buffering is already provided.
    2. 8.
      Pre-Schools are allowed if it is demonstrated that in the RR, SR, GR, UR, and SC Districts:
      1. a.
        The home is not located along an arterial street;
      2. b.
        There is at least 100 square feet of exterior open space per child, which is entirely enclosed by a building, fence, or wall with a height of at least four feet.
      3. c.
        Signage is restricted to a single placard with a maximum size of two square feet that must be affixed securely and flat against a wall of the home;
      4. d.
        Adequate precautions are taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and
      5. e.
        There is adequate space on-site for temporary parking and drop-off and pick-up during peak times.

    Health Care Uses

    1. 9.
      Assisted Living or Congregate Care Facilities are allowed if it is demonstrated that:
      1. a.
        In any Neighborhood Conservation (NC) Subdistrict, the parcel for which the use is proposed shall abut a nonresidential district;
      2. b.
        If the capacity of the use is more than 15 residents:
        1. 1.
          Primary access to the site is from a collector or arterial street; or
        2. 2.
          If a local street, the route between the access point of the facility and the nearest collector or arterial street does not pass a single-family, duplex, or twin home residential use.
      3. c.
        The use is separated from single-family detached dwellings by a Type B bufferyard; and
      4. d.
        In the SC District, the building is an adaptive reuse of a residential dwelling, or part thereof, or if built new, is designed to be residential in character.
    2. 10.
      Hospitals, Clinics, Medical Labs, or Urgent Care Facilities are allowed if it is demonstrated that:
      1. a.
        In an SC District, the building is an adaptive reuse of a residential dwelling, or part thereof, or if built new, is designed to be residential in character; and
      2. b.
        In the UR District, the use prohibits retail sales, wholesale sales and product displays, product inventories, and on-site storage of service or delivery vehicles.
      3. c.
        In a PI or GC District, a hospital, clinic, medical lab, or urgent care facility may conduct health screenings, testing and offer showers through a mobile shower unit in a parking lot owned by the hospital, clinic, medical lab, or urgent care facility, whether or not there is a principal structure located on such lot. Such screenings, testing and showers shall be considered a healthcare use.
    3. 11.
      Nursing Homes are allowed if it is demonstrated that they comply with the standards and requirements for Assisted Living and Congregate Care Facilities as set out in Item 9., above.

    Protective Care

    1. 12.
      Protective Care Facilities are allowed if it is demonstrated that:
      1. a.
        The facility is limited to no more than eight permanent residents, plus one additional occupant on an emergency basis;
      2. b.
        The resident supervisory family shall not exceed three persons;
      3. c.
        The use is set back from all property lines at least 50 feet;
      4. d.
        The use is spaced not less than 1,000 feet, measured in a straight line between the closest property lines of the respective uses, from the following uses:
        1. 1.
          Residential uses;
        2. 2.
          Places of assembly;
        3. 3.
          Schools (any type); and
        4. 4.
          Libraries.
      5. e.
        No property line of a protective care use shall also be a boundary line of a district, unless the boundary is:
        1. 1.
          A municipal boundary line; and
        2. 2.
          A boundary with an BP, AG, PI or GI district.
      6. f.
        Bufferyards shall be provided along property lines as follows:
        1. 1.
          Street property lines: Type B
        2. 2.
          Interior property lines: Type A
      7. g.
        An emergency response plan shall be provided to and approved by the City.
    2. 13.
      Transitional Service Facilities are allowed if it is demonstrated that:
      1. a.
        The facility is spaced from other facilities by a distance of at least 1,000 feet, measured in a straight line between the closest property lines. Facilities within the PI district are neither subject to nor included in the spacing requirements.
      2. b.
        If services are provided to more than 10 people at a time, access shall be taken from a collector or arterial street and, bufferyards shall be provided along property lines as follows:
        1. 1.
          Street property lines: Type B
        2. 2.
          Interior property lines: Type A

    Recreation and Amusement Uses

    1. 14.
      Casinos are allowed if it is demonstrated that:
      1. a.
        A site plan is submitted and approved as set out in Subsection 25.06.080.10, Site Plan;
      2. b.
        A circulation plan is submitted to and approved by the City, which shall include:
        1. 1.
          Data on existing peak hour traffic volumes and conditions;
        2. 2.
          Directional distribution estimates of added traffic;
        3. 3.

          Projections of added traffic volumes for all of the appropriate critical hours; and

        4. 4.

          Determination of needed improvements, controls, driving locations, and their design.

      3. c.

        A parking plan is submitted and approved by the City, which shall indicate how off-street parking and loading needs will be fulfilled. The plan shall include the:

        1. 1.

          Delineation of individual parking and loading spaces and the circulation area necessary to serve spaces;

        2. 2.

          Access to streets and property to be served, along with curb cuts, dimensions, and interconnectivity;

        3. 3.

          Screening materials;

        4. 4.

          Grading, drainage, surfacing, and subgrade details;

        5. 5.

          Delineation of obstacles to parking and circulation in finished parking areas;

        6. 6.

          Specifications as to signs; and

        7. 7.

          All other pertinent details including dimensions of ingress and egress and driveway areas.

      4. d.

        A pedestrian access plan showing pedestrian connections to both the City’s sidewalk system, trail system, and skywalk system and interconnections to the remainder of the City;

      5. e.

        A facade and building plan of drawings and sketches that comply with the standards set out in Subsection 25.03.190.6, Casino Entertainment (CE) Design Standards;

      6. f.

        The use complies with all applicable provisions of this Code, particularly including:

        1. 1.

          Section 25.03.040, Standards for Nonresidential and Mixed Use Development;

        2. 2.

          Section 25.03.100, Nonresidential and Mixed Use Accessory and Supplemental Standards;

        3. 3.

          Section 25.03.180, Nonresidential and Mixed Use Design Standards; and

        4. 4.

          Chapter 25.05, Site Development.

    2. 15.
      Community Gardens are allowed if it is demonstrated that:
      1. a.

        The garden is registered with the Administrator for which the name and telephone number of the garden coordinator and a copy of the operating rules will be kept on file with the Department;

      2. b.

        There is acknowledgement that the Administrator may revoke the registration for good cause shown, including nonconformance with any of the standards of this Item;

      3. c.

        There is compliance with the following standards:

        1. 1.

          No less than one garden plot shall be designed to accommodate persons with disabilities;

        2. 2.

          The land shall be served by a City water supply sufficient to support the cultivation practices used on the site;

        3. 3.

          Site users must have an established set of operating rules addressing:

          1. A.

            The governance structure of the garden;

          2. B.

            Hours of operation;

          3. C.

            Maintenance and security requirements and responsibilities;

          4. D.

            A garden coordinator to perform the coordinating role for the management of the community gardens; an assignment of garden plots according to the operating rules established for that garden.

      4. d.

        The site is designed and maintained so that water and fertilizer will not drain onto adjacent property;

      5. e.

        There are no retail sales on site;

      6. f.

        No buildings or structures existon site; however, a 100 square foot shed for storage of tools in accordance with Section 25.03.100.1, Accessory Buildings and Structures, small sheds, benches, raised/accessible planting beds, compost or waste bins, picnic tables, rain barrel systems, and children's play areas shall be permitted. The combined area of all buildings or structures does not exceed 15 percent of the garden site;

      7. g.

        Fences comply with Section 25.03.100.3, Fences and Walls;

      8. h.

        The garden plot observes the setbacks of the applicable district within which it is located;

      9. i.

        The garden plot does not occupy the front or street side yards or a lot;

      10. j.

        Compost or waste bins are located such that they are out of public view and no less than 20 feet from property lines of adjacent residences; and

      11. k.

        The garden is regularly mowed, kept free of weeds and overgrowth, and maintained at all times in good condition.

    3. 16.

      Indoor Commercial Amusement uses are allowed if it is demonstrated that:

      1. a.

        Indoor activities are conducted in a completely enclosed building that has no openings, other than pedestrian entrances and stationary glass windows, facing any residentially district or use;

      2. b.
        Noise from the use is not to be audible at the property line of any nearby residential uses between the hours of 9:00 p.m. and 9:00 a.m.
      3. c.
        Outdoor activity areas are separated from residential uses by a Type C bufferyard or public street right-of-way;
      4. d.
        Lighting for outdoor activities is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use;
      5. e.
        The building is located no less than 100 feet from any residential use; and
      6. f.
        Primary access to the use is from a collector or arterial street.
    4. 17.
      Indoor Recreation or Personal Fitness uses are allowed if it is demonstrated that:
      1. a.

        All principal and accessory uses occur indoors and are conducted in a completely enclosed building that has no openings, other than pedestrian entrances and stationary glass windows, facing any residentially district or use;

      2. b.
        The use is separated from all residential uses by a Type B bufferyard or public street right-of-way;
      3. c.
        Noise from the use is not to be audible at the property line of any nearby residential uses between the hours of 9:00 p.m. and 9:00 a.m.
      4. d.
        In an RR, SR, GR, or UR District, it is designed with no more than 10,000 square feet of gross floor area.
    5. 18.
      Outdoor Arena, Stadium, or Amphitheater uses are allowed if it is demonstrated that:
      1. a.
        The use is spaced 600 feet from residential districts and uses, measured along a straight line between the closest property lines, or separated by a Type C bufferyard;
      2. b.
        In the AG and RR districts, the use is set back 200 feet from all property lines;
      3. c.
        Amphitheater stages face away from the nearest residential uses; and
      4. d.
        Events are limited such that noise levels attributable to the use at the closest residential district or use does not exceed:
        1. 1.
          70 dBA between the hours of 10:00 a.m. and 9:00 p.m., which may be extended to 11:00 p.m. for up to three events per calendar year;
        2. 2.
          60 dBA between the hours of 9:00 p.m. and 11:00 p.m., which may be extended to 1:00 a.m. for one event per calendar year; and
        3. 3.
          40 dBA between the hours of 11:00 p.m. and 10:00 a.m.
    6. 19.

      Outdoor Circuses, Carnivals, Exhibitions, or Shows are allowed if it is demonstrated that they comply with the requirements of Chapter 4.14, Temporary Outdoor Circuses, Carnivals, Exhibitions, and Shows, of the Municipal Code.

    7. 20.

      Outdoor Recreation uses are allowed if it is demonstrated that:

      1. a.

        Off-street parking complies with the standards set out in Section 25.05.030, Parking and Loading Calculations.

      2. b.

        Accessory uses or activities ​are be subordinate in area, extent, and purpose to the principal use and are those which are customarily established in conjunction with the operation of permitted open space type recreation facilities, including accessory sales of alcoholic beverages, accessory food services, and accessory sales and rental of equipment;

      3. c.

        Par 3 golf courses are designed and laid out so as to minimize the likelihood that golf balls will be driven onto adjacent street rights-of-way or residential properties, in which case neither solid or mesh fencing in excess of six feet in height shall be used to satisfy this requirement;

      4. d.

        Public park areas designed and intended for active recreational use are separated from abutting residential districts and uses by a Type C bufferyard;

      5. e.

        Access to service and parking areas for over 50 vehicles is from a collector or arterial street or a service road;

      6. f.
        All lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use; and
      7. g.
        After hours lighting is limited to that necessary only for security purposes.

    (Ord2015-0433; 2015-0215; 2023-0945)

    Effective on: 6/13/2015

    Sec. 25.02.180 Commercial Use Standards

    Commercial Retail and Service Uses

    1. 1.
      Adult Entertainment BusinessesFor the purpose of this section, adult entertainment business measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult entertainment business is to be established to the lot line of a parcel of land in a zone set forth in a. below, or where a public or private pre-school, elementary, or secondary school, public park, child care center, airport grounds or another adult entertainment business or a sexually oriented business is located and are allowed if it is demonstrated that:
      1. a.
        It is not within 1,000 feet of:
        1. 1.
          Another adult entertainment business or a sexually oriented business;
        2. 2.
          Any parcel of land in the NC, RR, SR, GR, UR, MU, or SC Districts;
        3. 3.
          A pre-existing public or private pre-school, elementary, or secondary school, college or university, public park, child care center or place of assembly;
        4. 4.
          The airport grounds defined as: All property depicted on the Sioux Gateway Airport, Airport Layout Plan dated January 2013 (AEP Project Number 213-9554—012);
        5. 5.
          Bridgeport West Industrial Park;
        6. 6.
          Southbridge Industrial Park, including those portions of property lying with the City of Sioux City beginning at the intersection of Interstate 29 and the south line of property designated by the Federal Aviation Administration (FAA) as the Sioux Gateway Airport grounds, thence southeast along the centerline of Interstate 29 to its intersection with 260th Street, thence west to the Iowa/Nebraska State Line, thence north along said state line to the south line of property designated by the FAA as the Sioux Gateway Airport grounds extended west, thence east to the point of beginning; or
        7. 7.
          Expedition Business Park defined as all tracts of land lying within The Expedition Business Park First, Second, Third and Fourth Filings.
      2. b.
        It is not within five hundred (500) feet of any parcel of land in the GC, DC, BP, CE, or PI Districts, except for those PI Districts covering certified flood control projects, or the HA-4, HA-P, or HA-N sub-districts.
      3. c.
        It is not within one hundred fifty (150) feet of the center line of any rail lines or rail line spur.
      4. d.
        The use is designed as follows:
        1. 1.
          Primary access to the building shall be visible from the street from which the use takes access.
        2. 2.
          Building access shall be configured to allow for verification of age of customers before entry into parts of the building where sexually-oriented merchandise is displayed or sexually-oriented entertainment activities occur.
        3. 3.
          The use shall operate entirely indoors.
        4. 4.
          The interior of the use shall be configured so that the observation of models or any material depicting, describing, or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window, or other opening from any public way or from any property not licensed as an adult entertainment business are not visible from outside of the building through windows or doors.
        5. 5.
          No part of the interior of the adult entertainment business is visible from any pedestrian sidewalk, walkway, street, or other public or semi-public area.
        6. 6.
          A sign shall be posted at the entrance of the premises which states the nature of the business and states that no one under the age of 18 years of age is allowed on the premises.
      5. e.
        The adult entertainment business is not open for business between the hours of 1:00 a.m. and 6:00 a.m.;
      6. f.
        No employee of the business is under 21 years of age;
      7. g.
        No merchandise or services are furnished to any person who us under 21 years of age;
      8. h.
        For any tract of land where the above regulations allow adult entertainment businesses on more than 50% of said tract, adult entertainment businesses may be allowed anywhere on said tract outside of the prohibited area.
    2. 2.
      Alcoholic Beverage and Tobacco Sales, Offsite Consumption uses are allowed if it is demonstrated that:
      1. a.

        The property line of the proposed use is not located within 200 feet from an NC, RR, SR, GR, UR, or SC District or an Institutional Residential Facility; and

      2. b.

        The proposed use is not located within 300 feet of a school, public park, or place of assembly, measured in a straight line between the closest property lines, except that it may be located within 300 feet of a school, public park, or place of assembly:

        1. 1.

          When operated in conjunction with a grocery store, commercial retail store, or convenience store that has at least 14,000 square feet of gross floor area, provided the use:

          1. A.

            Does not occupy more than 10 percent of the gross floor area;

          2. B.
            Conducts business during the same hours as a grocery store, commercial retail store, or convenience store; or
        2. 2.

          When alcoholic beverage and tobacco sales are integrated in a commercial retail center (developed under one roof) with a minimum of 14,000 square feet of gross floor area; provided the uses do not:

          1. A.

            Occupy more than five percent of the gross floor area of the commercial retail center; and

          2. B.

            Have an entrance or viewable window display that is within 200 feet from an NC, RR, SR, GR, UR, or SC District or an Institutional Residential Facility.

      3. c.

        The minimum distance requirements set forth in subsections 2(b) above may be reduced for stores having less than 14,000 square feet of gross floor area, by issuance of a conditional use permit if the following standards are met:

        1. 1.

          The subject property is located in the GC zoning district;

        2. 2.

          The subject property gains access from a street with a Federal Functional Classification of arterial as designated by the Urban Federal Functional Classification Map prepared by the Iowa Department of Transportation;

        3. 3.

          Any liquor store must be separated by at least one-fourth mile (1,320 feet) from any other liquor store.

      4. d.

        The minimum distance requirements set forth in subsections 2(b) above may be reduced for stores in the DC, HA-4, and HA-P zoning districts, subject to the following:

        1. 1.

          Liquor stores are only allowed subject to issuance of a conditional use permit.

    3. 3.
      Alcoholic Beverage Sales, Onsite Consumption uses are allowed if it is demonstrated that:
      1. a.
        No entrance faces a residential district or use unless it is at least 100 feet from the property line, measured in a straight line between the closest property lines; provided however, that fire doors that are required by the fire code may be exempt from this requirement if the fire door is not designed as a general entrance or exit; and
      2. b.
        Uses with dancing or live entertainment restrict that the portion of the building used for dancing or entertainment such that no opening faces a residential district or use other than stationary insulated glass windows, which shall be screened or draped in a manner to prevent direct light from shining onto such residential district or use.
    4. 4.

      Animal Boarding or Grooming Facilities and Animal Veterinary Services, Small Animal uses are allowed if it is demonstrated that:

      1. a.
        If present, kennels with one or more dog runs must comply with the following standards:
        1. 1.
          The minimum lot or parcel area allocated to the use is one acre;
        2. 2.
          The use is located at least 200 feet from an NC, RR, SR, GR, UR, or SC District;
        3. 3.
          If the use is located in a multi-tenant building, ventilation systems control odors and allergens and prevent their circulation into other parts of the building;
        4. 4.
          Fencing for dog runs does not exceed six feet in height or eight feet in height in the BP or GI Districts;
        5. 5.
          Dog runs will not be used after 9:00 p.m. or before 7:00 a.m.;
        6. 6.
          Dog runs are screened from abutting properties and rights-of-way by a Type B bufferyard that includes an opaque fence or wall; and
      2. b.
        If the use is located less than 100 feet from residential district or use, the building is sound attenuated such that the sound is not audible at the property line;
      3. c.
        In the MU, GC, and BP Districts, the following standards apply:
        1. 1.
          The use is not located in a mixed-use building that contains dwelling units;
        2. 2.
          Noise from the use is not audible outside of the space in which the use is located, or, if the use is located in a free-standing, single-use building, noise from the use shall not be audible at the property line.
    5. 5.
      Motor Vehicle Sales (New and Used) uses are allowed if it is demonstrated that:
      1. a.
        All service and repairs are performed within a fully-enclosed building.
      2. b.
        All storage of material, merchandise, and equipment, including wrecked vehicles are stored in areas screened from view in accordance with the standards set out in Section 25.03.100, Nonresidential and Mixed Use Accessory and Supplemental Standards, excluding the display of vehicles for sale or lease and licensed vehicles currently being serviced or repaired.
      3. c.
        Access is taken either (i) from a collector or arterial street, or (ii) from a local street but only if no residential use is between the access point and the nearest intersection with a collector or arterial street.
      4. d.
        Buffering is in accordance with the standards set out in Section 25.05.100, Bufferyards.
      5. e.
        If the use is in a PI Zoning District, there are only temporary automobile sale events 6 times per year, and for no longer than 10 consecutive days.
      6. f.
        All vehicles for sale or lease are stored in areas where the parking lot has a curb that meets all parking lot setbacks of the underlying zoning district. Any sales, service, or display lot must be designed in accordance with the parking lot design standards set out in Section 25.05.040 Design and Use.
      7. g.
        Perimeter landscaping is designed in accordance with all landscaping design standards set out in Section 25.05-B Landscaping and Buffering.
      8. h.
        No vehicles for sale, rental, or service are parked, stored, or displayed in the right-of-way.
      9. i.
        No vehicles for sale, rental, or service are parked, stored, or displayed on any pervious surface.
      10. j.
        All vehicles which will be or have been serviced are stored on the site where they have received or will receive service. Storage on remote lots or in any portion of the right-of-way is prohibited.
      11. k.
        If the use is established on or after [the effective date of this ordinance]: All vehicles for sale or lease are stored or displayed on a site that is a minimum of one acre, except:
        1. 1.
          The Board of Adjustment may approve, as a conditional use, the use of a site less than one acre but no less than one half acre.
        2. 2.
          This subsection shall not apply to a car rental use that is accessory to an airport use.
    6. 6.
      Motor Vehicle Sales (Used Only) uses are allowed if it is demonstrated that:
      1. a.
        No more than twenty of these uses shall be allowed within the City at any given time. However, even if greater than twenty such uses exist, any existing automobile dealer engaged in the exclusive sale of used motor vehicles and operating at a non-conforming site may relocate to a legally conforming site, provided that all provisions of section 25.02.180(5) Motor Vehicle Sales (New and Used) are fully satisfied.
      2. b.
        If a governmental entity acquires a parcel containing this use for public purposes (whether by purchase, eminent domain, condemnation, or otherwise), then the parcel owner may relocate and establish the use on a different parcel within one year of the acquisition date, even if the twenty-use cap is exceeded, provided that:
        1. 1.
          The different parcel is within 0.1 acre of, or larger than, the size of the prior parcel, and;
        2. 2.
          All other provisions of Section 25.02.180(5) – Motor Vehicle Sales (New and Used) with the exception of subsection (k) are satisfied.
      3. c.
        A Motor Vehicle Sales (Used Only) use may be relocated from a nonconforming or conforming site to another conforming site. However, a Motor Vehicle Sales (Used Only) use shall not then be reestablished on a nonconforming property.
    7. 7.
      Motor Vehicle Service and Repair uses are allowed if it is demonstrated that:
      1. a.
        All service and repairs are performed within a fully-enclosed building.
      2. b.
        All storage of material, merchandise, and equipment, including wrecked vehicles are stored in areas screened from view in accordance with the standards set out in Section 25.03.100, Nonresidential and Mixed Use Accessory and Supplemental Standards, excluding the display of vehicles for sale or lease and licensed vehicles currently being serviced or repaired.
      3. c.
        Access is taken either (i) from a collector or arterial street, or (ii) from a local street but only if no residential use is between the access point and the nearest intersection with a collector or arterial street;
      4. d.
        Buffering is in accordance with the standards set out in Section 25.05.100, Bufferyards.
      5. e.
        All vehicles for service are stored in areas where the parking lot has a curb that meets all parking lot setbacks of the underlying zoning district. Any sales, service, or display lot must be designed in accordance with the parking lot design standards set out in Section 25.05.040 Design and Use.
      6. f.
        Perimeter landscaping is designed in accordance with all landscaping design standards set out in Section 25.05-B Landscaping and Buffering.
      7. g.
        No vehicles for service are parked, stored, or displayed in the right-of-way.
      8. h.
        No vehicles for service are parked, stored, or displayed on any pervious surface.
      9. i.
        All vehicles which will be or have been serviced are stored on the site where they have received or will receive service. Storage on remote lots or in any portion of the right-of-way is prohibited.
    8. 8.
      Motor Vehicle Sales, Indoor Automobile Showroom Only uses are allowed if it is demonstrated that:
      1. a.
        All sales, display, service, and repairs are performed within a fully-enclosed building.
      2. b.
        All storage of material, merchandise, and equipment, including wrecked vehicles are stored in areas screened from view in accordance with the standards set out in Section 25.03.100, Nonresidential and Mixed Use Accessory and Supplemental Standards, excluding the display of vehicles for sale or lease and licensed vehicles currently being serviced or repaired.
      3. c.
        Access is taken either (i) from a collector or arterial street, or (ii) from a local street but only if no residential use is between the access point and the nearest intersection with a collector or arterial street;
      4. d.
        Buffering is in accordance with the standards set out in Section 25.05.100, Bufferyards.
      5. e.
        If the use is in a PI Zoning District, there are only temporary automobile sale events 6 times per year, and for no longer than 10 consecutive days.
      6. f.
        All vehicles for sale or lease are stored and displayed inside a building. Any service, or customer parking lot must be designed in accordance with the parking lot design standards set out in Section 25.05.040 Design and Use.
      7. g.
        Perimeter landscaping is designed in accordance with all landscaping design standards set out in Section 25.05-B Landscaping and Buffering.
      8. h.
        No vehicles for sale, rental, or service are parked, stored, or displayed in the right-of-way.
      9. i.
        No vehicles for sale, rental, or service are parked, stored, or displayed on any pervious surface.
      10. j.
        All vehicles which will be or have been serviced are stored on the site where they have received or will receive service. Storage on remote lots or in any portion of the right-of-way is prohibited.
    9. 9.

      Automobile Wash facilities are allowed if it is demonstrated that:

      1. a.

        There are not more than six, one car bays;

      2. b.

        All mechanical equipment, excluding vacuum units, will be enclosed within a building;

      3. c.

        All facilities are designed and configured such that any outdoor spraying preparation or drying activities are directed away from any abutting residential districts or uses, or a Type C bufferyard is used to screen the facility from such properties;

      4. d.

        Bay access is oriented and/or screen walls are provided to prevent headlights from shining onto any abutting residential district or use;

      5. e.

        If self-service vacuum facilities are provided, a minimum of one parking space for each vehicle capable of being serviced at any one time at such vacuum facility is provided. Parking spaces for accessory vacuum facilities will not interfere with circulation or entrance or exit drives;

      6. f.

        Accessory equipment (e.g., vacuum facilities) is set back at least 20 feet from all property lines;

      7. g.

        A water recycling system is applied to all full-service or conveyor-based vehicle wash facilities, which is equipped with, and maintained in operation, a water recycling system that will recycle not less than 50 percent of the water being used by the facility, and for existing automobile wash facilities, such system is required as a condition of any permit to:

        1. 1.

          Expand the floor area of the vehicle wash facility building by more than 50 percent of the area of the vehicle wash facility building as it existed on the effective date of this Code.

        2. 2.

          Demolish, destroy or remove and then replace more than 50 percent of the floor area of the vehicle wash facility building as it existed on the effective date of this Code, except for the purpose of replacing or repairing water recycling equipment; or

        3. 3.

          Enlarge the water tap, meter, or service line.

    10. 10.
      Commercial Retail, Drive-In or Drive-Through Facilities are allowed if it is demonstrated that:
      1. a.
        The site is of adequate size to provide off-street parking for all patrons;
      2. b.
        The site is located such that traffic ingress and egress from the site will not interfere with existing traffic on the streets from which access to the site is taken;
      3. c.
        The use is separated from all residential districts and uses by a Type B bufferyard;
      4. d.
        No music or sound amplification system may be heard from abutting residential districts or uses; and
      5. e.
        Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential districts or uses.
    11. 11.
      Drycleaning and Laundry Establishments are allowed if it is demonstrated that:
      1. a.
        Only nonflammable solvents are used;
      2. b.
        The use does not exceed 1,200 square feet in gross floor area;
      3. c.
        There are not more than two delivery vehicles used in the operations of the business; and
      4. d.
        The operation of the use does not extend past 11:00 p.m.
    12. 12.
      Gasoline Stations are allowed if it is demonstrated that:
      1. a.
        Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential districts or uses;
      2. b.

        No repairs other than minor automobile repairs are performed on the premises and any such minor repairs are performed only within the principal building on the premises;

      3. c.

        No overnight storage of material, merchandise, and equipment is permitted, except:

        1. 1.

          Within the principal building; and

        2. 2.

          Refuse and trash may be stored in closed containers and in an area screened from view at all points on any public or private property or street, in accordance with Section 25.03.190.

      4. d.

        All vehicles on the premises, other than those at the pumps or waiting for immediate service, are stored in parking areas or lots that are screened in accordance with the standards set out in Section 25.05.130, Bufferyards;

      5. e.

        No partially dismantled or wrecked vehicle are stored outside of a completely enclosed building;

      6. f.

        The use is separated from all residential districts and uses by a Type B bufferyard;

      7. g.

        In the event the use is discontinued or abandoned, the owner is subject to all provisions of this Code and the Municipal Code regarding building and fire prevention, as well as the following:

        1. 1.

          The property, including all buildings, accessory structures, and landscaping is maintained so as to prevent any adverse effects on surrounding properties;

        2. 2.

          All signs and sign supports are removed within 30 days following cessation of the use;

        3. 3.

          The use is in compliance with the provisions of the fire code concerning abandonment of underground gasoline tanks; and

        4. 4.

          Gasoline pumps and lighting poles are removed at the time of compliance with the fire code.

      8. h.

        If provided, canopies are connected to or integrated into the architectural design of the building in terms of color, cladding, roofing, and roof pitch;

      9. i.
        A truck routing plan shows that the ingress and egress to the site does not use a local street; and
      10. j.
        If the use includes an automobile wash, then circulation for the automobile wash facility must be directed away from circulation for the rest of the site and a stacking lane for the vehicle wash must include an eight-foot wide "escape lane" to bypass the automobile wash.
    13. 13.
      Parking Garages or Lots are allowed if it is demonstrated that:
      1. a.

        Within the HA-4 and HA-P Subdistricts:

        1. 1.

          The Historic Preservation Commission has reviewed, considered, and forwarded a recommendation that is conclusive of all issues of fact and law, together with the record of its proceedings, to the Board of Adjustment. In its review to determine whether or not to authorize the Board of Adjustment to review a conditional use permit application, the Historic Preservation Commission has limited its review to the historical compatibility of a proposed land use or structure to the remainder of the area around it, then;

        2. 2.

          The Board of Adjustment, together with any party contesting the recommendation of the Historic Preservation Commission, bears the burden of proof.

      2. b.

        The location of ingress and egress minimizes traffic congestion and the effect of headlights on residential uses and street operations;

      3. c.

        Parking structures in MU and GC Districts shall not exceed two levels above grade;

      4. d.

        Parking structures are buffered as follows:

        1. 1.

          The structure is screened from view from streets and residential districts and uses by:

          1. A.

            Intervening buildings;

          2. B.

            Attached buildings that contain other uses that are permitted in the district;

          3. C.

            Allowed land uses other than parking that are incorporated into the parking structure; or

        2. 2.

          The structure is screened from adjacent streets, highways, and uses by a Type B bufferyard.

    14. 14.
      Restaurant, Drive-In or Drive-Through uses are allowed if it is demonstrated that:
      1. a.
        Access is taken from a collector or arterial street or from a local street if no residential use is between the access point and the nearest intersection with a collector or arterial street;
      2. b.
        Parking areas shall be screened from abutting residential uses:
        1. 1.
          With opaque walls that are not less than five feet in height;
        2. 2.
          By a grade change such that the parking lot surface is five feet or more below the elevation of the finished floor of buildings on abutting lots used for residential purposes; or
        3. 3.
          A combination of the two that produces an equivalent result with respect to screening of headlights.
      3. c.
        Buffering shall be in accordance with the standards set out in Section 25.05.100, Bufferyards.
    15. 15.
      Sexually Oriented Businesses.  For the purpose of this section, sexually oriented business measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an sexually oriented business is to be established to the lot line of a parcel of land in a zone set forth in a. below, or where a public or private pre-school, elementary, or secondary school, public park, child care center, airport grounds or another adult entertainment business or a sexually oriented business is located and are allowed if it is demonstrated that:
      1. a.
        It is not within 1,000 feet of:
        1. 1.
          Another sexually oriented business or adult entertainment business;
        2. 2.
          Any parcel of land in the NC, RR, SR, GR, UR, MU, or SC Districts;
        3. 3.
          A pre-existing public or private pre-school, elementary, or secondary school, college or university, public park, child care center or place of assembly;
        4. 4.
          The airport grounds defined as: All property depicted on the Sioux Gateway Airport, Airport Layout Plan dated January 2013 (AEP Project Number 213-9554—012);
        5. 5.
          Bridgeport West Industrial Park defined as: South of Bridgeport Industrial Park 2nd Filing, north of the southwest quarter quarter section Line, west of the west line of Seaboard Triumph Parkway, south of the south line of Boulevard of Champions, west and the west line of Oehlerking Drive, and an irregular tract of land known as Woodbury County Parcel 884824176004, and east of the high bank of the Missouri River;
        6. 6.
          Southbridge Industrial Park, including those portions of property lying with the City of Sioux City beginning at the intersection of Interstate 29 and the south line of property designated by the Federal Aviation Administration (FAA) as the Sioux Gateway Airport grounds, thence southeast along the centerline of Interstate 29 to its intersection with 260th Street, thence west to the Iowa/Nebraska State Line, thence north along said state line to the south line of property designated by the FAA as the Sioux Gateway Airport grounds extended west, thence east to the point of beginning; or
        7. 7.
          Expedition Business Park. defined as all tracts of land lying within The Expedition Business Park First, Second, Third and Fourth Filings.
      2. b.
        It is not within five hundred (500) feet of any parcel of land in the GC, DC, BP, CE, or PI Districts, except for those PI Districts covering certified flood control projects, or the HA-4, HA-P, or HA-N sub-districts.
      3. c.
        It is not within one hundred fifty (150) feet of the center line of any rail lines or rail line spur.
      4. d.
        The use is designed as follows:
        1. 1.
          Primary access to the building shall be visible from the street from which the use takes access.
        2. 2.
          Building access shall be configured to allow for verification of age of customers before entry into parts of the building where sexually-oriented merchandise is displayed or sexually-oriented entertainment activities occur;
        3. 3.
          The use shall operate entirely indoors;
        4. 4.
          The interior of the use shall be configured so that the observation of models or any material depicting, describing, or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window, or other opening from any public way or from any property not licensed as an adult entertainment business are not visible from outside of the building through windows or doors.
        5. 5.
          No part of the interior of the sexually oriented business is visible from any pedestrian sidewalk, walkway, street, or other public or semi-public area;
        6. 6.
          A sign shall be posted at the entrance of the premises which states the nature of the business and states that no one under the age of 18 years of age is allowed on the premises.
      5. e.
        The sexually oriented business is not open for business between the hours of 1:00 a.m. and 6:00 a.m.;
      6. f.
        No employee of the business is under 21 years of age;
      7. g.
        No merchandise or services are furnished to any person who is under 21 years of age;
      8. h.

        For any tract of land where the above regulations allow sexually oriented businesses on more than 50% of said tract, sexually oriented businesses may be allowed anywhere on said tract outside of the prohibited area.

    16. 16.
      Vending Kiosks or Drive-Through ATMs are allowed if it is demonstrated that:
      1. a.
        They are an accessory use meaning they are incidental to and customarily associated with a permitted principal use that is located on the same lot or parcel;
      2. b.
        They do not exceed a maximum height of 10 feet;
      3. c.
        They are set back from property lines one foot for each foot in height of the kiosk or ATM;
      4. d.
        They are elevated above parking lot and drive aisle surfaces and protected by a six-inch curb, with a minimum radius around the base of the kiosk of five feet;
      5. e.
        Walk-up vending kiosks and ATMs are connected to the internal and external pedestrian circulation systems and do not interfere with vehicular circulation; and
      6. f.
        Drive-through vending kiosks and ATMs circulate independently from parking areas and provide at least three stacking spaces, including the position at the kiosk or ATM.

    (Ord. 2025-0832; 2024-0571; 2019-0017; 2018-0196; 2016-0965; 2016-0799; 2015-0915; 2015-0433; 2015-0215; 2021-0460)

    Effective on: 5/22/2021

    25.02.185 Repealed

    Repealed.

     

    (Ord. 2025-0832; 2025-0688)

     

    Effective on: 2/1/2025

    Sec. 25.02.190 Agricultural, Industrial, Utility, and Communication Use Standards

    Standards Applicable to all Industrial Uses

    The following standards apply to all industrial uses that are specified under the subheading "Industrial Uses" in Table 25.02.130, Agricultural, Industrial, Utility, and Communication Use Standards, as a limited ("L") or conditional ("C") use.

    1. 1.
      Truck Traffic. Industrial uses that require semi-trailer truck service shall provide a truck routing plan that demonstrates compliance with the following standards:
      1. a.
        The use shall take access from a road of sufficient width and construction to accommodate the required semi-trailer truck service. Such access shall be evaluated from the point of ingress and egress to the parcel proposed for development to the point of intersection of the proposed truck route with an arterial street or highway, whichever is closer;
      2. b.
        The use shall not be located so as to require semi-trailer trucks to travel on local roads that traverse Neighborhood Conservation (NC) districts, or in the RR, SR, GR, or UR Districts;
      3. c.
        Truck parking, loading, and maneuvering areas shall be constructed of Portland Cement concrete. All other service and storage areas shall have an all-weather surface for a distance of 50 feet from public street right-of-way that minimizes the generation of dust and sediment. Any remaining lay down yards or storage areas may have gravel surfaces.
    2. 2.
      Enclosure. All manufacturing or fabrication processes that are reasonably likely to produce material, detrimental off-site impacts, including glare, dust, odors, and noise impacts, shall be sufficiently enclosed to mitigate the impacts. For the purposes of this standard, "sufficient enclosure" may include a bufferyard with walls, fences, and/or earthen berms necessary to accomplish the mitigation objective.
    3. 3.
      Pollution Control and Nuisance Abatement. Each industry is required to continuously employ best management practices (BMPs) for pollution control and nuisance abatement, when reasonably and practicably available to the industry. Compliance with applicable federal, state, or local laws or regulations that require a particular BMP or level of technology to be employed constitutes compliance with this Item with respect to the pollutant or nuisance addressed by the law or regulation.

    Agricultural Uses

    1. 4.
      Agricultural Packing or Processing Facilities are allowed if it is demonstrated that:
      1. a.
        The use is designed such that odors from waste products and by-products are contained until wastes are removed from the site for further processing (e.g., at a rendering plant) or disposal. This may include storage of waste containers in refrigerated enclosures or the use of air-tight waste containers;
      2. b.
        The use may be combined with the on-site retail sales of the items that are packed; and
      3. c.
        If the use involves the regular use of semi-trailer trucks, a truck routing plan is submitted and approved.
    2. 5.
      Animal Production is allowed if it is demonstrated that the use complies with the requirements of Title 7, Animals, of the Municipal Code.
    3. 6.
      Animal Feeding Operations are allowed if it is demonstrated that they comply with the purposes, regulations, restrictions, and requirements of Chapter 459, Animal Agricultural Compliance Act and Chapter 459A, Animal Agriculture Compliance Act for Open Feedlot Operations, of the Iowa Code.
    4. 7.
      Apiaries. Apiaries may be allowed as a conditional use in the Agriculture (AG) district, if in addition to the other applicable standards of this Code, it is provided that:
      1. a.
        Hives. All bee colonies shall be kept in hives with removable combs, which shall be kept in sound and usable condition.
      2. b.
        Setbacks.
        1. 1.
          All hives shall be located at least five feet from any property line.
        2. 2.
          Apiaries shall be set back at least 200 feet from the property lines of schools and all types of day care facilities.
      3. c.
        Fencing of Flyways. In each instance in which any colony is situated within 25 feet of a property line of the tract upon which the apiary is situated, or within 25 feet of an area of the property used for public recreation or assembly (e.g., picnic tables, playground, etc.), as measured from the nearest point on the hive to the property line or recreation / assembly area, the beekeeper shall establish and maintain a flyway barrier at least six feet in height, consisting of a solid wall or fence parallel to the property line or recreation / assembly area and extending 10 feet beyond the colony in each direction, so that all bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the apiary.
      4. d.
        Water. Each property owner or beekeeper shall ensure that a convenient source of water is available at all times to the bees so that the bees will not congregate at water sources where they may cause human, bird, or domestic pet contact. The water shall be maintained so as not to become stagnant.
      5. e.
        Maintenance.
        1. 1.
          Each property owner or beekeeper shall ensure that no bee combs or other materials that might encourage robbing are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.
        2. 2.
          Any bee colony not residing in a hive structure intended for beekeeping, or any swarm of bees, or any colony residing in a standard or homemade hive which, by virtue of its condition, has obviously been abandoned by the beekeeper, is unlawful and may be summarily destroyed or removed from the City by the Administrator, or a designee.
      6. f.
        Queens. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation, or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to requeen the colony. Queens shall be selected from stock bred for gentleness and non-swarming characteristics.
      7. g.
        Colony Densities.
        1. 1.
          No more than the following number of colonies are allowed on any lot or parcel within the City, based upon the size or configuration of the parcel on which the apiary is situated:
          1. A.
            Lot or parcel area one-quarter acre up to but not including one-half acre: four colonies.
          2. B.
            Lot or parcel area one-half acre up to but not including one acre: six colonies.
          3. C.
            Lot or parcel area one acre or more: eight colonies.
          4. D.
            Regardless of lot or parcel size, where all hives are situated at least 200 feet in any direction from all property lines of the lot on which the apiary is situated, there shall be no limit to the number of colonies.
        2. 2.
          For each two colonies that are allowed on a lot or parcel, there may be maintained upon the same lot or parcel one nucleus colony in a hive structure not exceeding one standard 10-frame hive body with no supers attached, as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an allowed colony within 30 days after the date it is acquired.
    5. 8.
      Wholesale Greenhouses or Nurseries are allowed if it is demonstrated that:
      1. a.
        Access to the use shall be provided as follows:
        1. 1.
          From a local street if there is no residential use between the access point and the nearest intersection with an arterial or collector street;
        2. 2.
          From an arterial or collector street; or
      2. b.
        Greenhouses and nursery storage buildings are set back according to the requirements that apply to principal buildings in the district within which the use is proposed;
      3. c.
        Active areas of open air nurseries are spaced not less than 200 feet from the SR, GR, and UR Districts, as well as the Neighborhood Conservation (NC) sub-districts, measured as shortest distance from the nearest edge of the part of the nursery that is used to grow plants for sale to the property line of the residential district or use; and
      4. d.
        A truck routing plan is submitted as determined necessary by the Administrator.
    6. 9.
      Pigeon Lofts or Cages are allowed for the keeping, maintaining, or harboring of seemless banded pigeons if it is demonstrated that:
      1. a.
        ​​The pigeons are banded by a recognized association of pigeon fanciers;
      2. b.
        The use is incidental and accessory to an existing residential dwelling and conducted by the resident owner or occupant of the dwelling;
      3. c.
        The number of pigeons kept on the premises was established by the Administrator as not to exceed 100 pigeons;
      4. d.
        Seemless banded pigeons, such as Flying Tiplers, Tumblers, and Homing Pigeons or Rollers, may be released for exercise or performance from 7:00 a.m. to 9:00 am and 6:00 p.m. to 8:00 p.m. between May 1 and October 31, as well as from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. from November 1 through April 31;
      5. e.
        Upon release for exercise or performance, the owner or persons who have possession of authorized pigeons shall not permit them to light upon the building or property of others;
      6. f.
        Other than the time that pigeons are permitted to be exercised or trained, as set out in Item 9.d. above, the pigeons shall be confined to cages or pens;
      7. g.
        No pigeons shall be brought to or kept on the premises until an approved permit is obtained under Title 7, Animals, of the Municipal Code and maintained in effect during the conduct of the use;
      8. h.
        The owner or persons who have possession of the authorized pigeons acknowledge in writing their understanding and agreement that the conditional use permit for keeping pigeons will automatically expire when the use is terminated by the removal of the pigeons from the property for a period of six months or more or if they fail to obtain and maintain a permit under Title 7, Animals, of the Municipal Code. In this case, the conditional permit is automatically rescinded requiring no further action by the Administrator and the use may only be re-established as set out in this Code.
    7. 10.
      Urban Farming is allowed as follows:
      1. a.
        Agricultural uses provided that no offensive odors or dust are created and provided, further, that no retail sales shall be permitted on the premises.
      2. b.
        The following farm products are prohibited from being produced on an urban garden or urban farm:
        1. 1.

          Farm animals, as defined in Chapter 7.01.010 Definitions and Penalties of the Code.

      3. c.

        Buildings and structures related to agricultural uses must comply with the accessory structure setback and height requirements in 25.02.290 of this Chapter.

      4. d.

        Cultivation must comply with the following additional setback requirements: 

        1. 1.

          Crop areas must be set back at least five (5) feet from all property lines. The required setback must be covered with ground plants, not planted with the intent to harvest, which may include grasses (including native species and ornamental grasses). 

        2. 2.

          Orchards and tree farms shall be set back at least fifteen (15) feet from the lot line of any developed lot,

        3. 3.

          Lighting, if provided, shall be shielded so that all directly emitted light falls within the property.

    8. 11.

      Gardening is an allowed principal use as follows:

      1. a.

        ​​The standards for urban farming pursuant to Subsection 25.02.190(10) are met, in addition to:

        1. 1.

          ​​Accessory structures are limited to a maximum of 120 square feet, however, benches, compost or waste bins, picnic tables, and rain barrel systems are allowed.

        2. 2.

          Compost or waste bins are located such that they are out of public view and no less than 20 feet from property lines of adjacent residences.

        3. 3.

          Outdoor storage of materials and equipment related to the use is prohibited.

        4. 4.

          Fences comply with Subsection 25.03.090.3, Fences and Walls.

        5. 5.

          The garden is regularly mowed, kept free of weeds and overgrowth, and maintained at all times in good condition.

    Industrial Uses

    1. 12.
      Automotive Repairs and Service, Heavy uses are allowed if it is demonstrated that:
      1. a.
        The use is separated from other uses, measured in a straight line between the nearest property lines, as follows:
        1. 1.
          Residential districts and uses: 500 ft., or separated by a Type C bufferyard.
        2. 2.
          Arterial streets and highways: 150 feet, or screened by another use that fronts the arterial street or highway, or separated with a Type B bufferyard; and
      2. b.
        Outside storage of vehicles (repaired vehicles or vehicles for which repairs are pending):
        1. 1.
          Are not to be stored in parking spaces that are required by Section 25.05.030, Parking and Loading Calculations;
        2. 2.
          Are screened from view from abutting streets by the principal building and/or a minimum five foot tall masonry wall or fence; and
      3. c.
        In the alternative to the above standards, the use (including storage of customer vehicles) may be conducted entirely indoors, provided that:
        1. 1.
          The use is spaced not less than 300 feet from residential districts and uses, measured in a straight line between the nearest property lines.
        2. 2.
          Not more than one bay door faces an arterial street or highway; and
    2. 13.
      Commercial Retail, Heavy uses are allowed if it is demonstrated that:
      1. a.
        In the BP District, the use involves the sale of a single category of merchandise that is characterized by one or more of the following:
        1. 1.
          Lease or sale of goods or equipment to businesses that are allowed in the BP District; or
        2. 2.
          Sale of goods manufactured on site.
      2. b.
        In the MU and GC Districts, the use is:
        1. 1.
          Spaced at least 500 feet from:
          1. A.
            District boundaries of the RR, SR, GR, UR, and SC Districts; or
          2. B.
            Property lines of land used for residential purposes (including mixed-use that includes dwelling units); and
        2. 2.
          Separated from residential districts or uses by a Type C bufferyard that includes an 8-foot tall masonry wall;
      3. c.
        The use is buffered from streets and abutting nonresidential property:
        1. 1.
          In the MU and GC Districts, outdoor areas used for merchandise display are screened from streets and abutting nonresidential property with a Type B bufferyard; and
        2. 2.
          In the BP District, outdoor areas used for merchandise display are screened from streets with a Type A bufferyard.
    3. 14.
      Extraction uses are allowed if it is demonstrated that:
      1. a.
        The requirements for a grading permit pursuant to Chapter 20.30, Grading Ordinance, of the Municipal Code are satisfied. The extraction or landfilling site is at least 300 feet from any residentially district or use;
      2. b.
        The extraction or landfilling process is completed within one construction season;
      3. c.
        Access to and from the site is directly to an arterial street or on a route approved by the Public Works Department;
      4. d.
        Trucks and other machinery are operated only between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday and between the hours of 8:00 a.m. and 3:00 p.m. on Saturday;
      5. e.
        The extraction use will not increase the amount of stormwater run-off onto adjacent properties. Erosion control facilities, including retention and sediment basins, are required of each facility, if necessary, to meet this standard;
      6. f.
        The extraction or landfilling site does not occur in the Loess Hills within that area visible from the Loess Hills National Scenic Byway located on Highway 12 and Interstate Highway 29. 
      7. g.
        Nuisance complaints related to dust, traffic, noise, or other impacts of the extraction or landfilling operation are resolved in a timely manner by cooperative efforts of the grading permit holder;
      8. h.
        The extraction or landfilling site does not occur in the Loess Hills within that area visible from the Loess Hills National Scenic Byway located on Highway 12 and Interstate Highway 29. 
    4. 15.
      Heavy Industry is allowed if it is demonstrated that:
      1. a.
        The minimum area of the parcel proposed for development is:
        1. 1.
          BP District: 10 acres
        2. 2.
          GI District: 5 acres
      2. b.
        The use is set back from all property lines as follows:
        1. 1.
          BP District: 150 ft.
        2. 2.
          GI District: 100 ft.
      3. c.
        The use is not of a type that disposes of hazardous wastes on-site;
      4. d.
        Outdoor storage areas comply with the standards for outdoor storage yards set out in Outdoor Storage Yards, below, as well as Subsection 25.03.100.6, Outdoor Storage; and
      5. e.
        A truck routing plan is submitted and approved.
    5. 16.
      Heliport or Helistops are allowed if it is demonstrated that:
      1. a.
        Heliports shall be permitted in the MU, GC, DC, BP, and GI districts only in connection with the use of hospitals;
      2. b.
        The operation of heliports and helistops comply with all rules and regulations:
        1. 1.
          Established by the Federal Aviation Administration (FAA) as defined in AC No. 150-5390-1B, dated August 22, 1977 ("Heliports Design Guide"), including all subsequent amendments thereto;
        2. 2.
          The requirements set out by the National Fire Protection Association, Pamphlets 403 and L418 as adopted in 1978, including all subsequent amendments thereto; and
        3. 3.
          The provisions of Section 2308-3, Heliport and Helistop Landing Areas, of the Uniform Building Code as adopted by the City, including subsequent amendments thereto.
      3. c.
        The City Council may issue a special permit for the temporary landing and takeoffs of a helicopter on public or private property subject to such terms as may be set forth in said permit.
      4. d.
        The police chief, fire chief, director of civil defense, the district health officer, or their authorized representatives may authorize emergency landings and takeoffs of helicopters without compliance with the terms of this Code in all instances where they consider persons or property to be in peril.
    6. 17.
      Outdoor Storage Yards are allowed if it is demonstrated that:
      1. a.
        The use is not to be located on parcels that abut a state highway;
      2. b.
        The storage yard is screened by a Type B bufferyard that includes an opaque fence that complies with Subsection 25.03.090.3, Fences and Walls;
      3. c.
        Materials.
        1. 1.
          Liquids, gels, and pastes (e.g., paints, sealers, etc.) are stored only in enclosed buildings;
        2. 2.
          There is no storage of explosives;
        3. 3.
          There is storage of no more than 50 gallons of motor fuel.
      4. d.
        The use is not used to dispose of inoperable machines or wastes. Temporary storage of construction wastes generated by the contractor who operates the storage yard is permitted, provided that:
        1. 1.
          The materials are not stored for more than 48 hours;
        2. 2.
          The materials do not generate dust;
        3. 3.
          The materials do not contain hazardous materials such as lead or asbestos; and
        4. 4.
          The materials are of types that will not become wind-blown debris.
      5. e.
        The yard is maintained in an orderly manner.
    7. 18.
      Recycling Collection and Processing Operations directly engaged in the recycling of paper, household plastics, glass, and aluminum or tin cans entirely within an enclosed building are allowed if it is demonstrated that:
      1. a.
        The only outside accessory uses permitted are hard surfaced areas for customer or employee parking and for parking trucks or trailers used in the business;
      2. b.
        All loading or unloading of salvage is conducted inside the building or by dock-type facilities designed to allow loading and unloading directly into the building;
      3. c.
        All loading or unloading aprons and other vehicular access areas are located on the same parcel as the principle use and consist of a durable concrete or asphalt surface, which includes an adequate area for the standing of trucks and trailers during the loading and unloading process exclusive of any street or public right-of-way;
      4. d.
        All such recycling uses conform with the sprinkling requirements of the National Fire Protection Association (NFPA) 13, Standard for the Installation of Sprinkler Systems;
      5. e.
        The following are acknowledged as applicable to this Item:
        1. 1.
          This Item shall not be construed to apply to the recycling of ferrous metals; and
        2. 2.
          The Board of Adjustment shall not have the authority to vary any of the requirements of this Item.
    8. 19.
      Salvage Facilities or Yards are allowed if it is demonstrated that:
      1. a.

        Salvage yards conducted entirely within an enclosed building are subject to the following standards:

        1. 1.

          The only outside accessory uses permitted are hard-surfaced areas for customer and employee parking and for parking trucks or trailers used in the business;

        2. 2.

          All loading and unloading of salvage is conducted inside the building or by dock type facilities designed to allow loading and unloading directly into the building. The loading and unloading area are located on site and consist of a dust free hard surface, which includes an adequate area for the standing of trucks and trailers during the loading and unloading process exclusive of any street or public right-of-way;

      2. b.

        The use is:

        1. 1.
          Enclosed by a Type C bufferyard that includes an opaque wall or fence that is uniform in height, material, texture, and color, and that complies with Subsection 25.03.090.3, Fences and Walls;
        2. 2.
          Configured so that inoperable vehicles and other junk are not visible from abutting public rights-of-way and from state highways that are located within 1,000 feet of any property line of the use; and
      3. c.
        No loading, unloading, or any other operational activity involving salvage materials takes place outside the boundaries of the fence or wall;
      4. d.
        There is no burning of materials;
      5. e.
        No hazardous waste or hazardous materials are accepted or deposited, except as incidental to the salvage operation;
      6. f.
        Salvage operations are conducted to remove hazardous wastes and materials and dispose of them according to state and federal requirements; and
      7. g.
        A truck routing plan is submitted and approved.
    9. 20.
      Self-Storage Facilities are allowed if it is demonstrated that:
      1. a.
        Alternative No. 1:
        1. 1.
          They are located such that a building that is used for commercial retail use screens the use from arterial streets and highways;
        2. 2.
          The parcel proposed for development does not exceed five acres in area;
        3. 3.
          The operator/owner ensures that the following requirements are met, and provides notice to tenants or purchasers of the following requirements:
          1. A.
            Climate controlled self-storage facilities are permitted;
          2. B.
            The self-storage facility shall be secured so that access is limited to tenants (or owners) and fire, police, or emergency service officials;
          3. C.
            No self-storage unit shall be used for the storage of explosives, ammunition, hazardous, or flammable materials;
          4. D.
            No outdoor storage is permitted on the site of the self-storage facility, except that vehicles (including passenger vehicles, light trucks, boats, and recreational vehicles) may be stored if the vehicle storage area is screened from abutting property and rights-of-way by storage building walls and/or a Type C bufferyard that includes a wall or fence that complies with Subsection 25.03.090.3, Fences and Walls;
          5. E.
            If the facility abuts a residential district, it shall be closed and secured between the hours of 9:00 p.m.and 7:00 a.m.; and
          6. F.
            Self-storage units shall be used solely for the purpose of storage of goods and possessions and shall not be used for conducting or operating a business, hobby, band rehearsal, or any type of activity not related to the storage of personal property of the owner or tenant of the unit. However, a garage sale of goods located within a self-storage unit is allowed upon the termination of the rental contract for that unit.
        4. 4.
          The facility provides pedestrian pathways and entries, which are shown on the site plan at the time of application;
        5. 5.
          The facilities are surrounded by a Type B bufferyard. The rear building walls of perimeter buildings may be counted towards the structure requirement if they do not include doors or windows. Those portions of self-storage facilities that face service areas at the rear of abutting nonresidential uses are not subject to the bufferyard requirement;
        6. 6.
          The use is screened from view from street right-of-way by a commercial retail use or, in the BP or GI Districts, an industrial use;
        7. 7.
          Chain-link fencing, if used, is not visible from any property line;
        8. 8.
          The use is buffered from an abutting residential district or use by a bufferyard that includes a wall or fence that complies with Subsection 25.03.090.3, Fences and Walls, which may include the back of a self-storage building, provided that it is finished with masonry; and
        9. 9.
          Access to the use is provided across the commercial retail site or, in the BP or GI Districts, industrial site;
      2. b.
        Alternative No. 2:
        1. 1.
          The use is buffered from street rights-of-way by a Type C bufferyard that includes a masonry wall;
        2. 2.
          The use is buffered from an abutting residential district or use by a bufferyard that includes a wall or fence that complies with Subsection 25.03.090.3, Fences and Walls;
        3. 3.
          Building facades that are visible from street right-of-way are finished with brick, thin brick, stone, or stucco-finished concrete block;
        4. 4.
          Units are arranged so that bay doors are not visible from abutting street rights-of-way or a residential district or use, except at points of ingress and egress; and
        5. 5.
          Chain-link fencing, if used, is not visible from any property line .
      3. c.
        Alternative No. 3:
        1. 1.
          The use is designed to resemble an office building in terms of architecture, fenestration, building access and materials; and
        2. 2.
          All units are accessed from inside of the building.
      4. d.
        Alternative No. 4:
        1. 1.
          The use is integrated into a commercial or mixed-use building;
        2. 2.
          All units are accessed from inside of the building; and
        3. 3.
          Units are not located on the ground floor of the building.
    Table 25.02.190
    Alternative Designs For Self-Storage
    AlternativeDistricts
    GCMUBPGI
    No. 1Not AllowedNot AllowedAllowedAllowed
    No. 2Not AllowedNot AllowedAllowedAllowed
    No. 3AllowedAllowedAllowedAllowed
    No. 4AllowedAllowedAllowedAllowed

    Utility Uses

    1. 21.
      Electrical Substations are allowed if it is demonstrated that:
      1. a.
        New electrical substations are not placed in the Neighborhood Conservation (NC) District or any of its sub-districts. However, existing facilities may continue as conforming uses and may be expanded if:
        1. 1.
          The landscaping and buffering requirements of this Item are met.
        2. 2.
          The facility setback requirements, below, are met; and
      2. b.
        Substations in the Neighborhood Conservation (NC) District are for distribution or collector substation facilities only and not transmission substations;
      3. c.
        Electrical substations in the RR, SR, GR, UR, NC, and SC Districts are set back as follows:
        1. 1.
          If the secure area of the substation has a footprint of 12,500 sf. or less, then it is set back at least:
          1. A.
            50 feet from rights-of-way;
          2. B.
            50 feet from nonresidential property lines; and
          3. C.
            100 feet from residential property lines.
        2. 2.
          If the secure area of the substation has a footprint of more than 12,500 sf., then it is set back at least:
          1. A.
            100 feet from rights-of-way;
          2. B.
            100 feet from nonresidential property lines; and
          3. C.
            200 feet from residential property lines. Any substation equipment that is taller than 35 feet above the ground plane shall be set back an additional two feet for each additional foot in height above 35 feet.
      4. d.
        These setbacks may be waived if the utility lines are buried and the substation is concealed within an enclosed building. In such case, the setbacks are the same as are applied to principal buildings in the same district; and
      5. e.
        Electrical substations in the RR, SR, GR, UR, NC, and SC Districts that are not concealed within buildings are buffered with an evergreen hedge of at least five feet in height is planted around the outside of the security fence, except at points of entry.
      6. f.
        In all districts:
        1. 1.
          All buildings and structures shall either have exteriors which give the appearance of a structure permitted in the district in which it is located or shall be screened from view from public rights-of-way or any private property located in any residential district. Any screening located in or adjacent to any front yard shall be limited to vegetation that provides effective year-round screening.
        2. 2.
          All electric substation uses shall be fenced where any hazard to the safety of human or animal life is present.
        3. 3.
          No service or storage yard for such building shall be permitted except as permitted for other uses in the district.
        4. 4.
          Yards shall be provided as set out for the district in which the use is located.
        5. 5.
          The level of noise emanating from such use shall not exceed 60 dBA measured at any lot line.
    2. 22.
      Small Wind Energy Systems are allowed as follows:
      1. a.
        Use Restrictions.
        1. 1.

          Freestanding, or pole-mounted small wind energy systems are a permitted accessory use in all zoning districts where structures of any sort are allowed, except for the HA-4 and HA-P sub-districts, subject to requirements set out in this Item.

        2. 2.

          The installer of the small wind energy system, and/or the owner of the property upon which the system will be installed, is required to obtain a building permit for the system, as required by all City adopted building, electrical, or other Codes. This section shall not be construed to overrule valid private covenants. Building mounted wind energy systems shall not be permitted within the City limits unless the system is architecturally designed and integrated into new construction.

      2. b.

        General Requirements.

        1. 1.

          Historic Buildings and Districts. When a permit is requested to allow a small wind energy system on grounds associated with a structure that is either: 1) listed on the National Register of Historic Places; 2) in a local historic district; 3) designated as a local landmark; or 4) property adjacent to a local landmark, then the Historic Preservation Commission (HPC) shall be given 30 days or until the next HPC meeting on which to issue the finding that the wind energy system does or does not significantly negatively impact the historic character of the building or district. If the HPC determines that the wind energy system has no significant historic impact, permits for the wind energy system shall be processed normally. If the HPC determines that the wind energy system does significantly impact the historic character of the building or district, the proposed wind energy shall be reviewed by the Board of Adjustment (BOA) at its next available meeting and acted upon as though it were an appeal of a denial of a permit.

        2. 2.

          Tower Height and Setback. The base of the small wind energy system tower shall be set back from all property lines, public rights-of-way, and above-ground public utility lines at a distance no less than 115 percent of the total extended height of the tower, including extended blades. Towers shall be allowed closer to a property line than its total extended height if the abutting property owner(s) grant(s) an easement or some other type of instrument acceptable to the Administrator, or a designee, that will serve to protect abutting properties from property damage and personal injury in the event of the failure of the tower. As long as the total extended height meets the setback requirements in this Item, there shall be no specific height limitation, except as imposed by the Federal Aviation Administration (FAA).

        3. 3.

          Minimum Ground Clearance. A minimum of 12 feet of clearance between the ground and the lowest point of the turbine blade when said blade is at its lowest point of a revolution shall be maintained at all times.

        4. 4.

          Requirement for Approval of Engineered Drawings and Soil Studies.

          1. A.

            A wind energy system shall not be erected within the City limits, unless the plans and specifications for the system have received the stamped approval of an Iowa registered structural engineer.

          2. B.

            In lieu of obtaining the stamped approval of an Iowa registered structural engineer for each wind energy system noted above, a manufacturer may submit its standard plans and specifications for a system on a freestanding tower, including its soils study and foundation plans for such system, for a one-time review and stamped approval by an Iowa registered engineer as suitable for construction in any soil condition that exists in the State of Iowa.

          3. C.

            If such one-time stamped approval is obtained, that manufacturer may thereafter construct such small wind energy systems within the City Limits, utilizing the approved soils study and foundation plans for the small wind energy system, without obtaining and presenting the stamped approval of an Iowa registered engineer for each such installation; however, under any circumstances all appropriate permits adopted pursuant to City codes will be required.

        5. 5.

          Compliance with Federal Aviation Administration (FAA) Regulations. No small wind energy system shall be constructed, altered, or maintained so as to project above any of the imaginary airspace surfaces described in FAR Part 77 of the FAA guidance on airspace protection.

        6. 6.

          Safety. Any climbing foot pegs or rungs below 12 feet of a freestanding tower shall be removed to prevent unauthorized climbing. For lattice or guyed towers, other measures acceptable to the Administrator, or a designee, to prevent unauthorized climbing shall be taken.

        7. 7.

          Sound. Sound produced by the small wind energy system under normal operating conditions, as measured at the property line, shall comply with any local ordinance regulating the volume of sound as a nuisance, if applicable. Sound levels, however, may be exceeded during short-term events out of anyone’s control, such as during utility outages and/or severe wind storms.

        8. 8.

          Compliance City Adopted Codes. Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to allow for a determination that the design and manner of installation conforms with all City adopted codes.

        9. 9.

          Utility Notification. No small wind energy system shall be installed until evidence has been given that the utility company has authorized interconnection of the small wind energy system to its electric distribution or transmission, under an agreement approved by and subject to regulation adopted by the Iowa Utilities Board (IUB). Properties not connected to the public utility system shall be exempt from this requirement.

        10. 10.

          Insurance. A person seeking a building permit to erect a small wind energy system shall provide evidence, in the form of a certificate of insurance satisfactory to the City, showing general liability insurance coverage for the installation and operation of the system under a standard homeowner’s or standard business owner’s insurance policy, separate and distinct from any insurance requirements of a public utility.

        11. 11.

          Abandonment. If a wind turbine is inoperable for six consecutive months, the owner shall be notified that they must, within 14-days of receiving the notice, restore the small wind energy system to operating condition. If the owner fails to restore the system to operating condition within the six month time frame, it shall be considered abandoned and the owner shall be required, at the owner’s expense, to remove the small wind energy system. A small wind energy system that has been abandoned may be abated as a public nuisance.

        12. 12.

          Signage. No signs, other than appropriate warning signs, or standard manufacturer’s or installer’s identification signage, shall be displayed on a wind generator, tower, building, or other structure associated with a small wind energy system, subject to the provisions set out in Subchapter 25.05-C, Signs, if any.

        13. 13.

          Lighting. No illumination of the turbine or tower shall be allowed unless required by the FAA or unless allowed by applicable City ordinance. 

    Communication Uses

    1. 23.
      Broadcasting Centers are allowed if it is demonstrated that:
      1. a.
        In all districts, the combined maximum lot coverage of the principal structure, accessory structures, and parking areas shall not exceed 80 percent. 
      2. b.
        In the MU, HA-4, HA-P, and DC Districts, the use may include studios, but shall not include transmission or receiving equipment that is:
        1. 1.
          Ground-mounted;
        2. 2.
          Tower-mounted; or
        3. 3.
          Mounted on the building, except that satellite dishes that are less than one meter in diameter and antennae that are less than 10 feet in height may be mounted on the roof.
      3. c.
        In the GC, PI, BP and GI Districts, the use may include studios and transmission equipment, subject to the following standards:
        1. 1.
          Tower-mounted equipment complies with the standards of Wireless Telecommunication Towers, below, that are applicable to telecommunications towers;
        2. 2.
          Roof-mounted equipment shall:
          1. A.
            Extend not more than 10 feet above the rooftop; and
          2. B.
            Be screened from street-level views by parapet walls, which may extend up to six feet above the roof, provided that if they exceed the maximum height allowed for the zone, they are set back one foot per foot of additional height above the maximum allowable height.
        3. 3.
          Ground-mounted satellite dishes are set back at least 100 feet from all property lines, and screened by a Type B bufferyard that includes a wall or fence that complies with Subsection 25.03.090.3, Fences and Walls. If security fencing is used, it shall be located between the bufferyard landscaping and the satellite dishes.
    2. 24.
      Building-Mounted Telecommunication Facilities that are not accessory to an allowed principal use located within all districts, commercial buildings located within any district, and publicly-owned facilities are allowed as follows:
      1. a.
        Building-mounted telecommunication facilities within any mixed use or nonresidential district shall be designed to minimize visual obstructions and maximize the compatibility with the architectural character of the building, structure, and/or neighborhood. All antenna and equipment located on buildings or structures shall be set back to minimize the visual impact from public rights-of-way and abutting properties. Additional screening may be required to screen the antenna and equipment from public view by way of a parapet wall or painting.
      2. b.
        Antenna and all related equipment shall be located to the rear of the property, when practicable.
      3. c.
        Building-mounted telecommunication support equipment shall be constructed of non-reflective material (visible surfaces only) and when practicable shall be located underground or be hidden by an earthen berm, vegetation, and/or painted to match or complement the architecture of the building or structure to which it is attached.
      4. d.
        Lighting of any building-mounted telecommunication antenna or equipment is prohibited, unless required by the Federal Communication Commission (FCC) or Federal Aviation Administration (FAA).
      5. e.
        Building and/or roof-mounted antennas or towers shall project no higher than 20 percent of the allowable building height in the district it is located.
      6. f.
        Photo simulations and/or a site plan shall be submitted as part of the conditional or limited use application, which shall detail the location, color, size, and material of the proposed building-mounted telecommunication equipment, as well as the location, material, color, and height of screening to be provided, as applicable.
    3. 25.
      Wireless Telecommunication Towers are allowed as follows:​
      1. a.
        Additional Antennae or Transmission Equipment. In accordance with the Middle Class Tax Relief and Job Creation Act of 2012, it is intended that collocation of additional antennas on towers authorized pursuant to this Item, or the removal and replacement of transmission equipment on an existing wireless telecommunication tower or base station shall be permitted, provided the tower has the structural capacity to carry the antenna and that the approved development plan accommodates the siting of any required support facilities, and provided that this action does not substantially change the physical dimensions (e.g. height, gross floor area,  building coverage, guy wire span, etc.) of the tower or base station; A substantial change includes;
        1. 1.
          For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater;
        2. 2.
          For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the Tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
        3. 3.
          For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
        4. 4.
          It entails any excavation or deployment outside the current site;
        5. 5.
          It would defeat the concealment elements of the eligible support structure; or
        6. 6.
          It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified as substantial changes, above.
      2. b.
        Existing Telecommunication Towers. Existing towers, based on a previously approved conditional use permit or site plan, are to be considered as equivalent to sites that are approved pursuant to the provisions set out in this Code; 
      3. c.
        Site Plan Required. All new towers shall be subject to the public meeting and hearing procedures in Subsection 25.06.090.2 Site Plan. The Planning and Zoning Commission shall make a recommendation to the City Council to approve, approve with conditions, or deny the application. The City Council shall make the final decision.
      4. d.

        Use Restrictions. Following are the principal permitted uses that may be approved as part of a site plan subject to the provisions set out in this Code:

        1. 1.

          Telecommunication towers without regard to the height limits of the applicable zoning district, subject to the following:

          1. A.

            All telecommunication facilities shall be permitted only in conformance with approval of the site plan; and

          2. B.

            All towers, antennae, and other telecommunication facilities shall meet or exceed all standards and requirements of the Federal Communication Commission (FCC), Federal Aviation Administration (FAA), and any other agency of the state or federal governments, as well as the City’ s building, electrical, mechanical, and any other applicable codes.

        2. 2.

          Accessory uses permitted that may be approved as part of a site plan include telecommunication towers serving only the needs of a principal permitted use on the same lot without regard to the height limits of the applicable zoning district.

      5. e.

        Bulk Regulations.

        1. 1.

          Height. The maximum height that may be approved for a telecommunication tower as part of a site plan is 200 feet, except that a tower with a height up to 250 feet may be approved by the City Council if it is determined that the increased height of the tower:

          1. A.

            Will not be detrimental to the public health, safety, or general welfare;

          2. B.

            Will not have a substantial negative effect upon neighboring properties;

          3. C.

            Is in conformity with the intent and purpose of this Code and the Comprehensive Plan; and

          4. D.

            Does not alter the obligation to comply with other applicable laws or regulations.

        2. 2.

          Setbacks.

          1. A.

            Telecommunication towers shall be set back the greater distance of:

            1. I.

              The setback requirements of the underlying district;

            2. II.

              200 feet from any residential district or use;

            3. III.

              25 percent of the height of the tower;

            4. IV.

              The distance specified as a potential hazard area by the designer of the structure; or

            5. V.

              Be located with a minumum seperation of 200 feet in all directions from other wireless telecommunication towers.

          2. B.

            Guy wire anchors and accessory structures shall not encroach into the required setbacks for principal structures in the underlying district.

      6. f.

        Parking Requirements.

        1. 1.

          One parking and loading space shall be required to serve a telecommunication tower site; and

        2. 2.

          If the site is more than 100 feet from a paved road, hard-surfacing of parking and loading spaces and driveways shall not be required for those portions of the site lying more than 100 feet from any paved road.

      7. g.

        Tower Design.

        1. 1.

          All telecommunication towers shall meet or exceed current published EIA/TIA structural standards and shall have adequate load-bearing capacity to carry the antennas of three similar providers;

        2. 2.

          Lattice-work trussed or guy-wired towers may be allowed in the BP and GI Districts. Free-standing, monopole tower structures shall be allowed in any base district, but lattice work or guy-wired towers may be approved by the City Council as part of the requirements for approval of a site plan if they determine that the type of tower construction:

          1. A.

            Will not be detrimental to the public health, safety, or general welfare;

          2. B.

            Will not have a substantial negative effect upon neighboring properties;

          3. C.

            Is in conformity with the intent and purpose of this Code and the Comprehensive Plan; and

          4. D.

            Does not alter the obligation to comply with other applicable laws or regulations.

        3. 3.

          Stealth and/or camouflage design of towers and antennas may be required to reduce the visual impact of the structure, especially in residential districts.

        4. 4.

          Towers shall be a neutral color such as a non-contrasting gray or similar color, and not include signage painted on the tower.

      8. h.

        Lighting. Telecommunication towers shall only be illuminated as required by the Federal Communication Commission (FCC) and/or the Federal Aviation Administration (FAA). Security lighting around the base of a tower must be shielded so that no light is directed towards adjacent properties or rights-of-way.

      9. i.

        Screening. An opaque screen that is at least eight feet in height must surround the base of a telecommunication tower. The screening should also include landscaping provisions, consisting of a Type B bufferyard set out in Subsection 25.02.190 Bufferyard Types, for any portions of the development visible from an adjacent residential district or use or public rights-of-way. The use of barbed wire or other security measure shall be allowed only as specifically approved in the development plan. Screening requirements may be waived if the design of the tower is found to be compatible with the adjacent land uses.

      10. j.

        Removal of Abandoned Towers. A tower that is not used for a period of 12 consecutive months, or that has not been inspected pursuant to Inspections, below, shall be considered abandoned, and the owner shall remove the tower from the property within 90 days of receipt of notice from the Administrator. An abandoned tower that is not removed within the 90 day period is a public nuisance, and the City shall take actions to abate the nuisance by removal and assess the costs thereof to the property.

      11. k.

        Inspections. Telecommunication towers shall be inspected by a qualified tower inspection service once every 36 months by the owner, operator, or a representative to assess the structural condition of the tower and support equipment. An inspection report shall be prepared and filed with the Inspection Services Division. The required report shall certify that the tower continues to meet or exceed the current published EIA/TIA structural standards and is in sound and safe operating condition. 

    (Ord. 2019-0721; 2016-0624; 2016-0217; 2015-0915; 2015-0433; 2015-0215; 2021-0460)

    Effective on: 5/22/2021

    Sec. 25.02.190 General Standards

    Set out in Table 25.02.190, Temporary Uses, is the temporary uses that are permitted by right (allowed), allowed subject to special standards (limited) or processes (conditional), and not allowed (prohibited) in each district.

    Table 25.02.190
    Temporary Uses
    Land UseStandards Reference1Zoning Districts
    AgricultureResidentialMixed UseNonresidentialOverlay and SpecialHistoric
    AGRRSRGRURMUSCGCDCBPGIAPCEPIHA-4HA-PHA-N
    LEGEND:     A = Allowed     L = Limited     C = Conditional     P = Prohibited
    Public and Commercial Events
    Commercial Outdoor Sales Event§ 25.02.230PPPPPLLLLLPLLLLLP
    Farmers' Market§ 25.02.230LLPPPLLLLPPPLLLLP
    Roadside Stand§ 25.02.200LLPPPPPCPPLLPPPPP
    Seasonal Sales§ 25.02.200PPPPPLLLLLPLLLLLP
    Sidewalk Sales§ 25.02.200PPPPPLLLLPPPLLLLP
    Public Exhibit or Transient Event or Show§ 25.02.200CPPPPLCLLPPPLLLLP
    Truckload Sales§ 25.02.200PPPPPCPLCLPLLLLLP
    Neighborhood Events
    Special Event§ 25.02.22PLLLLLLPPPPPPPPPL
    Construction, Storage, and Refuse Collection Facilities
    Asphalt or Concrete Batch Plant§ 25.02.220CPPPPPPPPCLCPCPPP
    Aggregate Crushing§ 25.02.220CPPPPPPPPCLCPCPPP
    Temporary Construction Building/Site Office§ 25.02.220APPPPLPLLLLLLLLLP
    Temporary Construction Yard§ 25.02.220CPPPPPPPPPLLLLPPP
    Portable Storage Unit§ 25.02.220ALLLLLLLLLLLLLLLL
    Temporary Construction Dumpster§ 25.02.220ALLLLLLLLLLLLLLLL

    TABLE NOTES:

    1. 1.
      This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    Table 25.02.190
    Temporary Uses
    Land UseStandards Reference1Zoning Districts
    AgricultureResidentialMixed UseNonresidentialOverlay and SpecialHistoric
    AGRRSRGRURMUSCGCDCBPGIAPCEPIHA-4HA-PHA-N
    LEGEND:     A = Allowed     L = Limited     C = Conditional     P = Prohibited
    Public and Commercial Events
    Commercial Outdoor Sales Event§ 25.02.230PPPPPLLLLLPLLLLLP
    Farmers' Market§ 25.02.230LLPPPLLLLPPPLLLLP
    Roadside Stand§ 25.02.200LLPPPPPCPPLLPPPPP
    Seasonal Sales§ 25.02.200PPPPPLLLLLPLLLLLP
    Sidewalk Sales§ 25.02.200PPPPPLLLLPPPLLLLP
    Public Exhibit or Transient Event or Show§ 25.02.200CPPPPLCLLPPPLLLLP
    Truckload Sales§ 25.02.200PPPPPCPLCLPLLLLLP
    Neighborhood Events
    Special Event§ 25.02.22PLLLLLLPPPPPPPPPL
    Construction, Storage, and Refuse Collection Facilities
    Asphalt or Concrete Batch Plant§ 25.02.220CPPPPPPPPCLCPCPPP
    Aggregate Crushing§ 25.02.220CPPPPPPPPCLCPCPPP
    Temporary Construction Building/Site Office§ 25.02.220APPPPLPLLLLLLLLLP
    Temporary Construction Yard§ 25.02.220CPPPPPPPPPLLLLPPP
    Portable Storage Unit§ 25.02.220ALLLLLLLLLLLLLLLL
    Temporary Construction Dumpster§ 25.02.220ALLLLLLLLLLLLLLLL

    TABLE NOTES:

    1. 1.
      This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    Table 25.02.190
    Temporary Uses
    Land UseStandards Reference1Zoning Districts
    AgricultureResidentialMixed UseNonresidentialOverlay and SpecialHistoric
    AGRRSRGRURMUSCGCDCBPGIAPCEPIHA-4HA-PHA-N
    LEGEND:     A = Allowed     L = Limited     C = Conditional     P = Prohibited
    Public and Commercial Events
    Commercial Outdoor Sales Event§ 25.02.230PPPPPLLLLLPLLLLLP
    Farmers' Market§ 25.02.230LLPPPLLLLPPPLLLLP
    Roadside Stand§ 25.02.200LLPPPPPCPPLLPPPPP
    Seasonal Sales§ 25.02.200PPPPPLLLLLPLLLLLP
    Sidewalk Sales§ 25.02.200PPPPPLLLLPPPLLLLP
    Public Exhibit or Transient Event or Show§ 25.02.200CPPPPLCLLPPPLLLLP
    Truckload Sales§ 25.02.200PPPPPCPLCLPLLLLLP
    Neighborhood Events
    Special Event§ 25.02.22PLLLLLLPPPPPPPPPL
    Construction, Storage, and Refuse Collection Facilities
    Asphalt or Concrete Batch Plant§ 25.02.220CPPPPPPPPCLCPCPPP
    Aggregate Crushing§ 25.02.220CPPPPPPPPCLCPCPPP
    Temporary Construction Building/Site Office§ 25.02.220APPPPLPLLLLLLLLLP
    Temporary Construction Yard§ 25.02.220CPPPPPPPPPLLLLPPP
    Portable Storage Unit§ 25.02.220ALLLLLLLLLLLLLLLL
    Temporary Construction Dumpster§ 25.02.220ALLLLLLLLLLLLLLLL

    TABLE NOTES:

    1. 1.
      This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    Table 25.02.190
    Temporary Uses
    Land UseStandards Reference1Zoning Districts
    AgricultureResidentialMixed UseNonresidentialOverlay and SpecialHistoric
    AGRRSRGRURMUSCGCDCBPGIAPCEPIHA-4HA-PHA-N
    LEGEND:     A = Allowed     L = Limited     C = Conditional     P = Prohibited
    Public and Commercial Events
    Commercial Outdoor Sales Event§ 25.02.230PPPPPLLLLLPLLLLLP
    Farmers' Market§ 25.02.230LLPPPLLLLPPPLLLLP
    Roadside Stand§ 25.02.200LLPPPPPCPPLLPPPPP
    Seasonal Sales§ 25.02.200PPPPPLLLLLPLLLLLP
    Sidewalk Sales§ 25.02.200PPPPPLLLLPPPLLLLP
    Public Exhibit or Transient Event or Show§ 25.02.200CPPPPLCLLPPPLLLLP
    Truckload Sales§ 25.02.200PPPPPCPLCLPLLLLLP
    Neighborhood Events
    Special Event§ 25.02.22PLLLLLLPPPPPPPPPL
    Construction, Storage, and Refuse Collection Facilities
    Asphalt or Concrete Batch Plant§ 25.02.220CPPPPPPPPCLCPCPPP
    Aggregate Crushing§ 25.02.220CPPPPPPPPCLCPCPPP
    Temporary Construction Building/Site Office§ 25.02.220APPPPLPLLLLLLLLLP
    Temporary Construction Yard§ 25.02.220CPPPPPPPPPLLLLPPP
    Portable Storage Unit§ 25.02.220ALLLLLLLLLLLLLLLL
    Temporary Construction Dumpster§ 25.02.220ALLLLLLLLLLLLLLLL

    TABLE NOTES:

    1. 1.
      This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")

    (Ord. 2015-0215; 2021-0460)

    Effective on: 5/22/2021

    Sec. 25.02.200 Public and Commercial Events

    The standards for this Section apply to temporary uses that are specified in Table 25.02.190, Temporary Uses, as limited ("L") or conditional ("C").

    1. Compliance with City Laws and Regulations. All public and commercial events shall comply with the provisions of Title 4, Business Regulations and Licensing, of the Municipal Code.
    2. Restrictions. Commercial events, including outdoor, seasonal, sidewalk, and truckload sales, are allowed only as an accessory use to the principal commercial retail use.
    3. Location and General Site Requirements.
      1. Provided the site is large enough to accommodate the expected attendance in a manner that is safe for the site, street, or other infrastructure, the minimum site areas are as follows:
        1. If the expected peak attendance is less than 1,500 people, the minimum site area is three acres; and
        2. If the expected peak attendance is more than 1,500 people, the minimum site area is 10 acres.
      2. All commercial events shall be set back at least 30 feet from public rights-of-way and 75 feet from residential districts or uses.
      3. Commercial events:
        1. Are allowed only in areas that are designated on an approved site plan; and
        2. Shall be located only on an improved hard surface.
    4. Buildings and Structures.
      1. Temporary buildings shall comply with the height restrictions of the district in which the building is proposed to be located.
      2. Temporary structures (e.g., carnival rides and mega-inflatables) that are taller than the height allowed by the district in which it is proposed to be located are allowed, provided they are set back from all property lines a distance of two feet for every one foot in height.
    5. Access, Circulation, and Parking.
      1. Access shall be provided by a collector or arterial street;
      2. The street from which access is taken must have the capacity to serve the event, including acceleration and deceleration lanes or personnel to manage ingress and egress to the site;
      3. Safe on-site vehicular and pedestrian circulation shall be provided, including:
        1. Minimizing points of conflict between vehicles and pedestrians;
        2. Providing appropriate directional signage;
        3. Ensuring adequate and efficient access by emergency vehicles; and
        4. Maintaining full access to permanent uses on-site if they are operating during the temporary event, or emergency access to permanent uses on-site if they are not operating during the temporary event.
      4. Adequate sight distances for safe vehicular ingress and egress shall be maintained in accordance with the latest Manual on Uniform Traffic Control Devices (MUTCD) requirements.
      5. Parking shall be managed as follows:
        1. The number of parking spaces available for the temporary uses shall be sufficient to meet the peak demands of the use, based on 2.25 persons per vehicle;
        2. Parking shall be provided on-site or within 300 feet of the boundaries of the site, except that parking is not allowed within 300 feet of a single-family residential use;
        3. Parking shall be in improved, striped hard surface spaces, either in a parking lot or on-street;
        4. Truck parking areas shall be provided to service the event and provide for storage of trucks and trailers that will remain on-site, which shall be on-site and on an improved hard surface; and
        5. Parking on grass/unpaved areas is allowed provided:
          1. The applicant has a legal right to use the land proposed for the parking area;
          2. The surface is reasonably level and compact;
          3. The parking area is located at least 100 feet from abutting residential property and 20 feet from public rights-of-way;
          4. Access to the parking area is not taken directly from collector or arterial roadways; and
          5. The applicant provides a guarantee as a condition of approval that the parking area will be restored to its pre-event condition after the event.
    6. Noise Controls. Noise shall be controlled so that:
      1. The noise level at the nearest residential property line does not exceed 50 dBA after 10:00 p.m.;
      2. The noise level at the property line of the temporary use does not exceed 75 dBA for more than two hours per day; and
      3. The noise level at the property line of the temporary use does not exceed 85 dBA at any time. Generators, if used, shall be secured and set back at least 50 feet from all property lines.
    7. Public Convenience and Litter Control.
      1. Adequate on-site restroom facilities shall be required to serve the expected attendance at the event a rate of one toilet and one urinal per 50 expected attendees.
      2. Trash containers and recycling bins shall be placed in convenient areas including:
        1. Near principal places of assembly;
        2. Near food and beverage vendors;
        3. Near restrooms; and
        4. At entry and exit points.
      3. All litter generated by the event shall be removed, at no expense to the City, within 24 hours after the closing on the last day of the event. Litter clean up shall extend into the adjoining public rights-of-way.
    8. Frequency and Duration. The maximum frequency and duration of temporary events is set out in Table 25.02.200, Frequency and Duration of Public and Commercial Events. The numbers in the table displayed as 4/12, for instance, refer to the maximum number of events and days (E/D) that are allowed per calendar year.
    Table 25.02.200
    Frequency and Duration of Public and Commercial Events
    Land Use Standards Reference1 Zoning Districts
    Agriculture Residential Mixed Use Nonresidential Overlay and Special Historic
    AG RR SR GR UR MU SC GC DC BP GI AP CE PI HA-4 HA-P HA-N
    LEGEND:     E / D = Number of Events Per Year / Number of Days Per Year
    Public and Commercial Events
    Commercial Outdoor Sales Event § 25.02.230 - - - - - 4/12 2/6 4/12 6/18 4/12 - 4/12 6/18 6/18 6/18 6/18 -
    Farmers' Market § 25.02.230 52/52 52/52 - - - 52/52 52/52 52/52 52/52 - - - 52/52 52/52 52/52 52/52 -
    Roadside Stand § 25.02.200 2/60 2/60--- - - 2/60 - - 2/60 2/60 - - - - -
    Seasonal Sales §25.02.230 - - - - - 2/60 2/60 2/60 2/60 2/60 - 2/60 2/60 2/60 2/60 2/60 -
    Sidewalk Sales §25.02.230 - - - - - 26/52 13/26 26/52 26/52 - - - 26/52 26/52 26/52 26/52 -
    Public Exhibit or Transient Event or Show See Section 4.14.040, Conditions of License, Municipal Code See to right - - - - See Section 4.14.040, Conditions of License, Municipal Code - - - See Section 4.14.040, Conditions of License, Municipal Code -
    Truckload Sales §25.02.230 - - - - - 8/16 - 8/16 4/8 8/16 - 8/16 8/16 8/16 4/8 4/8 -

    TABLE NOTES:

    1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    Table 25.02.200
    Frequency and Duration of Public and Commercial Events
    Land Use Standards Reference1 Zoning Districts
    Agriculture Residential Mixed Use Nonresidential Overlay and Special Historic
    AG RR SR GR UR MU SC GC DC BP GI AP CE PI HA-4 HA-P HA-N
    LEGEND:     E / D = Number of Events Per Year / Number of Days Per Year
    Public and Commercial Events
    Commercial Outdoor Sales Event § 25.02.230 - - - - - 4/12 2/6 4/12 6/18 4/12 - 4/12 6/18 6/18 6/18 6/18 -
    Farmers' Market § 25.02.230 52/52 52/52 - - - 52/52 52/52 52/52 52/52 - - - 52/52 52/52 52/52 52/52 -
    Roadside Stand § 25.02.200 2/60 2/60--- - - 2/60 - - 2/60 2/60 - - - - -
    Seasonal Sales §25.02.230 - - - - - 2/60 2/60 2/60 2/60 2/60 - 2/60 2/60 2/60 2/60 2/60 -
    Sidewalk Sales §25.02.230 - - - - - 26/52 13/26 26/52 26/52 - - - 26/52 26/52 26/52 26/52 -
    Public Exhibit or Transient Event or Show See Section 4.14.040, Conditions of License, Municipal Code See to right - - - - See Section 4.14.040, Conditions of License, Municipal Code - - - See Section 4.14.040, Conditions of License, Municipal Code -
    Truckload Sales §25.02.230 - - - - - 8/16 - 8/16 4/8 8/16 - 8/16 8/16 8/16 4/8 4/8 -

    TABLE NOTES:

    1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    Table 25.02.200
    Frequency and Duration of Public and Commercial Events
    Land Use Standards Reference1 Zoning Districts
    Agriculture Residential Mixed Use Nonresidential Overlay and Special Historic
    AG RR SR GR UR MU SC GC DC BP GI AP CE PI HA-4 HA-P HA-N
    LEGEND:     E / D = Number of Events Per Year / Number of Days Per Year
    Public and Commercial Events
    Commercial Outdoor Sales Event § 25.02.230 - - - - - 4/12 2/6 4/12 6/18 4/12 - 4/12 6/18 6/18 6/18 6/18 -
    Farmers' Market § 25.02.230 52/52 52/52 - - - 52/52 52/52 52/52 52/52 - - - 52/52 52/52 52/52 52/52 -
    Roadside Stand § 25.02.200 2/60 2/60--- - - 2/60 - - 2/60 2/60 - - - - -
    Seasonal Sales §25.02.230 - - - - - 2/60 2/60 2/60 2/60 2/60 - 2/60 2/60 2/60 2/60 2/60 -
    Sidewalk Sales §25.02.230 - - - - - 26/52 13/26 26/52 26/52 - - - 26/52 26/52 26/52 26/52 -
    Public Exhibit or Transient Event or Show See Section 4.14.040, Conditions of License, Municipal Code See to right - - - - See Section 4.14.040, Conditions of License, Municipal Code - - - See Section 4.14.040, Conditions of License, Municipal Code -
    Truckload Sales §25.02.230 - - - - - 8/16 - 8/16 4/8 8/16 - 8/16 8/16 8/16 4/8 4/8 -

    TABLE NOTES:

    1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    Table 25.02.200
    Frequency and Duration of Public and Commercial Events
    Land Use Standards Reference1 Zoning Districts
    Agriculture Residential Mixed Use Nonresidential Overlay and Special Historic
    AG RR SR GR UR MU SC GC DC BP GI AP CE PI HA-4 HA-P HA-N
    LEGEND:     E / D = Number of Events Per Year / Number of Days Per Year
    Public and Commercial Events
    Commercial Outdoor Sales Event § 25.02.230 - - - - - 4/12 2/6 4/12 6/18 4/12 - 4/12 6/18 6/18 6/18 6/18 -
    Farmers' Market § 25.02.230 52/52 52/52 - - - 52/52 52/52 52/52 52/52 - - - 52/52 52/52 52/52 52/52 -
    Roadside Stand § 25.02.200 2/60 2/60--- - - 2/60 - - 2/60 2/60 - - - - -
    Seasonal Sales §25.02.230 - - - - - 2/60 2/60 2/60 2/60 2/60 - 2/60 2/60 2/60 2/60 2/60 -
    Sidewalk Sales §25.02.230 - - - - - 26/52 13/26 26/52 26/52 - - - 26/52 26/52 26/52 26/52 -
    Public Exhibit or Transient Event or Show See Section 4.14.040, Conditions of License, Municipal Code See to right - - - - See Section 4.14.040, Conditions of License, Municipal Code - - - See Section 4.14.040, Conditions of License, Municipal Code -
    Truckload Sales §25.02.230 - - - - - 8/16 - 8/16 4/8 8/16 - 8/16 8/16 8/16 4/8 4/8 -

    TABLE NOTES:

    1. This column contains a cross-reference to the standards that apply in districts in which the use is listed as limited ("L") or conditional ("C")
    1. Conditions of Approval. Additional conditions may be imposed if deemed necessary to ensure land use compatibility or minimize potential adverse impacts on neighboring properties, public streets, or the City. These may include, but are not limited to, the following:
      1. Modification or restrictions on the hours of operation or duration of the event.
      2. Posting of a performance bond to ensure clean up and removal of signage (see Section 4.14.050, Licenses - Fees and Performance Bond, of the Municipal Code)
      3. Arrangements satisfactory to the City for the provision of special or extraordinary services or equipment, such as traffic control or security personnel, or equipment that is needed to ensure safe operation of the use or event.
      4. The provision of a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage, and produce liability, with a minimum limit of liability of $1,000,00.00 per occurrence and with a $2,000,00.00 aggregate. Additional endorsements may be required for events with alcoholic beverages. In certain instances, the event producer may be required to list the City as an additional insured.

    (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.02.210 Neighborhood Events

    The standards of this Section apply to temporary neighborhood events that are specified in Table 25.02.190, Temporary Uses, as limited ("L") or conditional ("C"). Individual garage sales do not require a permit, but shall comply with the standards of this Section. Permitted uses of public parks (e.g., reserved facilities) are not regulated by this Section.

    1. Generally. The neighborhood event shall demonstrate compliance with Section 25.02.200, Public and Commercial Events, Item 6, Noise Controls and Item 7, Public Convenience and Litter.
    2. Restrictions. Generally, neighborhood events shall not be held on lots that are used for single-family detached or single-family attached residential purposes. However, with consent of the property owners, neighborhood garage sales and block parties may include lots used for single-family detached or single-family attached purposes.
    3. Frequency and Duration. The number and days of neighborhood events are limited to five events per year with a cumulative duration of no more than 10 days.
    4. Location.
      1. Merchandise, structures, and displays shall not be placed in public rights-of-way, including sidewalks.
      2. The location of special events shall be indicated on the temporary use permit.
    5. Access, Circulation, and Parking. The following standards apply to neighborhood events, excluding individual garage sales:
      1. Adequate sight distances for safe vehicular ingress and egress shall be maintained, in accordance with the latest Manual on Uniform Traffic Control Devices (MUTCD) standards.
      2. For events within public street rights-of-way, a parking and traffic circulation plan shall be provided that demonstrates:
        1. How traffic that is not related to the event will be alerted and routed around the event;
        2. How property owners will access their property, or written consent of property owners whose access will be limited during the event;
        3. Where vehicles related to the conduct of the event will park;
        4. Where vehicles of guests of the event will park and how many spaces will be provided; and
        5. The location of remote parking facilities, if used, and the operational plan for transporting people from the remote parking to the event.
      3. The event shall not obstruct safe vehicular and pedestrian circulation, nor obstruct access by emergency service providers.
      4. Parking on grass/unpaved areas is allowed, provided:
        1. The applicant has a legal right to use the land proposed for the parking area;
        2. The surface is reasonably level and compact;
        3. The parking area is located at least 100 feet from abutting residential property and 20 feet from public rights-of-way;
        4. Access to the parking area is not taken directly from collector or arterial streets; and
        5. The applicant provides a guarantee as a condition of approval that the parking area will be restored to its pre-event condition after the event.
    6. Signs and Lighting. Signs and lighting shall comply with the requirements of this Code.
    7. Conditions of Approval. Additional conditions may be imposed if deemed necessary to ensure land use compatibility or minimize potential adverse impacts on neighboring properties, public streets, or the City. These may include, but are not limited to, the following:
      1. Modification or restrictions on the hours of operation or duration of the event.
      2. Posting of a performance bond to ensure clean up and removal of signage.
      3. Arrangements satisfactory to the City for the provision of special or extraordinary services or equipment, such as traffic control or security personnel, or equipment that is needed to ensure safe operation of the use or event.
      4. The City may refuse to issue a permit if the event is too large to be safe for the site, neighborhood, street, or other infrastructure, or may place limits on attendance to ensure it can be properly managed.

    (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.02.220 Construction, Storage, and Refuse Collection Uses

    The standards of this Section apply to temporary construction, storage, and refuse collection uses that are specified in Table 25.02.190, Temporary Uses, as limited ("L") or conditional ("C").

    1. Location and Operations. The location, hours of use, operational limitations, and duration of use are set out in Table 25.02.220, Temporary Construction, Storage, and Refuse Collection Uses.
    Table 25.02.220
    Temporary Construction, Storage and Refuse Collection Uses
    Temporary UseLocation of UseHours of UseOperational LimitationsDuration of Use
    Asphalt or Concrete Batch PlantNot less than 600 feet from any residential property, park, or school.Not limited.The facility shall be used only for a project within the City.Established by approval to coincide with the use of the facility for a specified construction project, not to exceed 180 days. Shall be removed upon project completion.
    Aggregate CrushingNot less than 600 feet from any residential property, park, or school.Not limited.The facility shall be used only for a project within the City.Established by approval to coincide with the use of the facility for a specified construction project, not to exceed 180 days. Shall be removed upon project completion.
    Temporary Construction Building or Site OfficeOn lot or parcel proposed for development, set back at least 20 feet from all property lines.Not limited.May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team or as a security office. The building may not be used as a residence.Shall be removed prior to certificate of occupancy for the last building.
    Temporary Construction YardWithin one-half mile of the construction to which the construction yard relates.8:00 a.m. to 8:00 p.m. if within 1,000 feet of residential property; or 6:00 a.m. to 10:00 p.m. in all other locations.The facility shall be used only for a construction site or an infrastructure project that is wholly or partially located in the City.Established by approval; to coincide with the use of the facility for a specified construction project.
    Portable Storage UnitOn parcel or lot served by portable storage unit. No encroachment into setbacks or over sidewalks is permitted. On nonresidential parcels, must be located behind the principal building.Not limited.Not limited.Two weeks if located in a residential driveway; three months if located in a nonresidential zone located on hard surfacing.
    Temporary DumpsterOn parcel or lot using dumpster, set back at least 10 ft. from the property line, and placed on an improved hard surface. In nonresidential and mixed-use districts, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking areas.Not limited.Refuse shall be contained within the dumpster, and shall be secured to prevent it from being removed from the dumpster by wind or animals.If used for construction or renovation, may remain in place for one week after project completion. If used for other purposes, 10 days.
    Table 25.02.220
    Temporary Construction, Storage and Refuse Collection Uses
    Temporary UseLocation of UseHours of UseOperational LimitationsDuration of Use
    Asphalt or Concrete Batch PlantNot less than 600 feet from any residential property, park, or school.Not limited.The facility shall be used only for a project within the City.Established by approval to coincide with the use of the facility for a specified construction project, not to exceed 180 days. Shall be removed upon project completion.
    Aggregate CrushingNot less than 600 feet from any residential property, park, or school.Not limited.The facility shall be used only for a project within the City.Established by approval to coincide with the use of the facility for a specified construction project, not to exceed 180 days. Shall be removed upon project completion.
    Temporary Construction Building or Site OfficeOn lot or parcel proposed for development, set back at least 20 feet from all property lines.Not limited.May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team or as a security office. The building may not be used as a residence.Shall be removed prior to certificate of occupancy for the last building.
    Temporary Construction YardWithin one-half mile of the construction to which the construction yard relates.8:00 a.m. to 8:00 p.m. if within 1,000 feet of residential property; or 6:00 a.m. to 10:00 p.m. in all other locations.The facility shall be used only for a construction site or an infrastructure project that is wholly or partially located in the City.Established by approval; to coincide with the use of the facility for a specified construction project.
    Portable Storage UnitOn parcel or lot served by portable storage unit. No encroachment into setbacks or over sidewalks is permitted. On nonresidential parcels, must be located behind the principal building.Not limited.Not limited.Two weeks if located in a residential driveway; three months if located in a nonresidential zone located on hard surfacing.
    Temporary DumpsterOn parcel or lot using dumpster, set back at least 10 ft. from the property line, and placed on an improved hard surface. In nonresidential and mixed-use districts, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking areas.Not limited.Refuse shall be contained within the dumpster, and shall be secured to prevent it from being removed from the dumpster by wind or animals.If used for construction or renovation, may remain in place for one week after project completion. If used for other purposes, 10 days.
    Table 25.02.220
    Temporary Construction, Storage and Refuse Collection Uses
    Temporary UseLocation of UseHours of UseOperational LimitationsDuration of Use
    Asphalt or Concrete Batch PlantNot less than 600 feet from any residential property, park, or school.Not limited.The facility shall be used only for a project within the City.Established by approval to coincide with the use of the facility for a specified construction project, not to exceed 180 days. Shall be removed upon project completion.
    Aggregate CrushingNot less than 600 feet from any residential property, park, or school.Not limited.The facility shall be used only for a project within the City.Established by approval to coincide with the use of the facility for a specified construction project, not to exceed 180 days. Shall be removed upon project completion.
    Temporary Construction Building or Site OfficeOn lot or parcel proposed for development, set back at least 20 feet from all property lines.Not limited.May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team or as a security office. The building may not be used as a residence.Shall be removed prior to certificate of occupancy for the last building.
    Temporary Construction YardWithin one-half mile of the construction to which the construction yard relates.8:00 a.m. to 8:00 p.m. if within 1,000 feet of residential property; or 6:00 a.m. to 10:00 p.m. in all other locations.The facility shall be used only for a construction site or an infrastructure project that is wholly or partially located in the City.Established by approval; to coincide with the use of the facility for a specified construction project.
    Portable Storage UnitOn parcel or lot served by portable storage unit. No encroachment into setbacks or over sidewalks is permitted. On nonresidential parcels, must be located behind the principal building.Not limited.Not limited.Two weeks if located in a residential driveway; three months if located in a nonresidential zone located on hard surfacing.
    Temporary DumpsterOn parcel or lot using dumpster, set back at least 10 ft. from the property line, and placed on an improved hard surface. In nonresidential and mixed-use districts, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking areas.Not limited.Refuse shall be contained within the dumpster, and shall be secured to prevent it from being removed from the dumpster by wind or animals.If used for construction or renovation, may remain in place for one week after project completion. If used for other purposes, 10 days.
    Table 25.02.220
    Temporary Construction, Storage and Refuse Collection Uses
    Temporary UseLocation of UseHours of UseOperational LimitationsDuration of Use
    Asphalt or Concrete Batch PlantNot less than 600 feet from any residential property, park, or school.Not limited.The facility shall be used only for a project within the City.Established by approval to coincide with the use of the facility for a specified construction project, not to exceed 180 days. Shall be removed upon project completion.
    Aggregate CrushingNot less than 600 feet from any residential property, park, or school.Not limited.The facility shall be used only for a project within the City.Established by approval to coincide with the use of the facility for a specified construction project, not to exceed 180 days. Shall be removed upon project completion.
    Temporary Construction Building or Site OfficeOn lot or parcel proposed for development, set back at least 20 feet from all property lines.Not limited.May be used by construction superintendent, construction workers, contractors, and other personnel on a construction team or as a security office. The building may not be used as a residence.Shall be removed prior to certificate of occupancy for the last building.
    Temporary Construction YardWithin one-half mile of the construction to which the construction yard relates.8:00 a.m. to 8:00 p.m. if within 1,000 feet of residential property; or 6:00 a.m. to 10:00 p.m. in all other locations.The facility shall be used only for a construction site or an infrastructure project that is wholly or partially located in the City.Established by approval; to coincide with the use of the facility for a specified construction project.
    Portable Storage UnitOn parcel or lot served by portable storage unit. No encroachment into setbacks or over sidewalks is permitted. On nonresidential parcels, must be located behind the principal building.Not limited.Not limited.Two weeks if located in a residential driveway; three months if located in a nonresidential zone located on hard surfacing.
    Temporary DumpsterOn parcel or lot using dumpster, set back at least 10 ft. from the property line, and placed on an improved hard surface. In nonresidential and mixed-use districts, dumpsters shall be located behind buildings (where possible) and shall not obstruct required parking areas.Not limited.Refuse shall be contained within the dumpster, and shall be secured to prevent it from being removed from the dumpster by wind or animals.If used for construction or renovation, may remain in place for one week after project completion. If used for other purposes, 10 days.
    1. Sanitary Facilities. Restroom facilities shall be provided for operations of concrete and asphalt batching operations and for users of temporary construction buildings (except when used exclusively for storage).
    2. Additional Standards Applicable to Concrete and Asphalt Batching Operations. The City Engineer shall review all applications for concrete and asphalt batching operations to make a recommendation to the Administrator regarding compliance with the standards to this Section. Where this use is indicated as a conditional use in Table 25.02.190, Temporary Uses, the Administrator shall refer the recommendation to the Commission with the staff report and recommendations on the application. The standards include:
      1. The applicant shall provide a written agreement and advanced surety in the amount of 125 percent of the estimated site restoration cost to ensure complete site restoration upon the facility's dismantling or revocation of the permit, plus the estimated road restoration/replacement costs along anticipated principal truck routes. This amount shall be approved by the City Engineer.
      2. If deemed necessary by the City Engineer, the property access shall be controlled by special traffic markings and/or signalization at the applicant's expense. Instances warranting such traffic improvements may include locations at busy intersections or other areas where interference with primary traffic from trucks would be extensive.
      3. All electric and lighting facilities shall be submitted to the City Engineer prior to installation.
      4. Maximum noise level shall not exceed 60 dBA at the nearest property line.
    3. Extension of Approvals. Approvals may be extended upon demonstration of good cause, appropriate maintenance, extension of any surety, and diligent pursuit of the purposes for which the temporary construction or storage uses were established. All applications for renewal of a temporary use permit issued pursuant to this Section shall be submitted to the Administrator at least 10 working days before the expiration of the permit.

    (Ord. 2018-0196; 2015-0915; 2015-0215; 2021-0460)

    Effective on: 5/22/2021

    Sec. 25.02.230 Commercial Outdoor Sales Events

    The standards for this Section apply to temporary uses that are specified in Table 25.02.190, Temporary Uses, as limited ("L") or conditional ("C").

    1. Generally. Commercial outdoor sales events may be held in the parking lot or pervious areas of the site that are on a lawn. Such sales may be special events or regular sales and are governed differently.
    2. Frequency and Duration. Commercial outdoor sales events, including those listed below, shall be limited to that set out in Table 25.02.200, Frequency and Duration of Public and Commercial Events.
    3. Weekend Sales. These are sales by an established retail business that occupies the principal building on the premises, having a display area limited to 300 square feet and staffed by a single person at any time. Such events are limited to Friday afternoons and weekends with opening after 9:00 a.m. and closing prior to 8:00 p.m. The location must have adequate parking to accept the added customer traffic. Such events are limited to 10 days per 12 month period.
    4. Special Sales Events. Special sales events include truckload sales, tent sales, or other special sales, including seasonal sales (e.g., pumpkin patches and Christmas tree sales), but not including permanent flea markets. For stores with regular garden products, the outdoor sales area shall be part of the overall site plan, not a temporary sales event, even though it may be inactive part of the year.
      1. There may be a total of three such events per year with a total length of six weeks.
      2. The use shall have a minimum site area of 30,000 square feet for a freestanding use or one acre for a shopping center.
      3. In no event shall more than five percent of the parking lot be used. The applicant shall demonstrate that the area of parking remaining meets the requirements of this Code for the principal use, and that sufficient parking is provided for the additional demand generated by the sales event.
      4. If the site has a conforming bufferyard, the sale need have no additional setback. If there is no bufferyard, then it shall have a minimum 50 foot setback from rights-of-way and property lines. The owner shall be notified that if the sales are to continue, a site plan needs to be submitted that shows the installation of a buffer and trees to conform to this Code. The owner shall have two years to bring the property into conformance. If it is not brought into conformance, no additional sales shall be permitted.
      5. On-site permanent or temporary restroom facilities are provided.
      6. On-site solid waste container services are provided.
      7. The applicant has a valid Iowa sales tax certificate or proof of tax exemption.
      8. The permit for the use is displayed in a prominent location on the site.
    5. Farmer's Market. A farmer's market may be established by the City on property leased or owned by the City or by a land owner on private property meeting the requirements of this Section and other City ordinances.
    6. Truckload Sales. Truckload sales shall only be permitted when hosted by a shopping center as a center-wide event, where the owner or operator of the center has submitted a plan for the location and types of merchandise to be sold.
    7. Sidewalk Sales. Individual businesses may hold sidewalk sales without an individual permit on sales event days when established by the City for specific weekends or weeks, and/or they may apply for an individual permit, subject to the following standards:
      1. There shall be four feet of unobstructed sidewalk width during the sales event.
      2. City-approved sales events shall not count against individual events.
      3. In no event shall more than two percent of the parking lot be used for the display of merchandise. The applicant shall demonstrate that the area of parking remaining meets the requirements of this Code for the principal use, and that sufficient parking is provided for the additional demand generated by the sales event.
      4. Each shopping center is permitted four temporary use permits per year. Each permit shall terminate after 72 hours from initiation of the sale.
      5. On-site temporary restroom and solid waste container facilities are provided.
      6. The applicant has a valid Iowa sales tax certificate or proof of tax exemption.
      7. The permit for the use is displayed in a prominent location on the site.

    (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.02.240 Purpose

    Authorization and limitation of specific accessory uses and structures in appropriate zones is required to accommodate subsidiary activities with sufficient impact to require public regulation and having such a relationship to certain principal uses as to require accommodation within the same zone.

    (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.02.250 Application

    Accessory uses and structures are permitted in any district in connection with any principal use lawfully existing within such district when located in the same district as the principal use or in an adjoining district in which the principal use is permitted.

    (Ord. 2015-0215)

    Effective on: 1/1/1901

    Sec. 25.02.260 Accessory Dwelling Units

  • Generally. Accessory dwelling units (ADUs) are permitted only according to the standards of this Section.
  • Accessory Dwelling Unit Types. For the purposes of this Code, there are two types of ADUs permitted in the City (See Figure 25.02.260, Illustrative ADU Types):
    1. Integrated Units are those units that are created within or attached to an existing principal building such that they appear to be a fully integrated part of the building; and
    2. Two-Story ADU Buildings are one-and-one-half story or two-story buildings that contain an accessory dwelling unit, which is usually located above a detached garage.
  • Figure 25.02.260
    Illustrative ADU Types
    Integrated Basement ADU
    Integrated ADU
    Detached ADU
    Detached Two Story ADU
    1. Permitted Locations. Accessory dwelling units are allowed as set out in Table 25.02.260, Districts and ADU Types. Accessory dwelling units are:
      1. Not allowed in districts that are not listed in this table.
      2. Not allowed on lots that are less than 7,000 square feet.
      3. Only allowed as an accessory to single-family detached principal buildings.
    2. Conversion of Garages. Garages shall not be converted into accessory dwelling units, unless:
      1. If a one car garage is converted, at least one replacement parking space is provided elsewhere on the lot; or
      2. If a two or more car garage is converted, at least two replacement parking spaces are provided elsewhere on the lot.
    3. Permitted Neighborhood Types. Accessory dwelling units may be constructed in standard, cluster, and planned neighborhoods, as well as traditional neighborhood developments, subject to the standards of this Section.
    4. Density Calculations. The accessory dwelling units are exempted from the calculation as a dwelling unit when determining the maximum density set out in Subsection 25.03.030.1, Development Standards.
    5. Identified at Time of Subdivision. At the time of preliminary subdivision, the applicant shall identify the subdivision as being one that will allow for accessory dwelling units. This provides an opportunity for the City to review the plat on the basis of having integrated or two-story ADUs. A note shall be placed on the face of the plat and all lot plans indicating that the subdivision permits accessory dwelling units.
    Table 25.02.260
    Districts and ADU Types
    DistrictSubdistrictIntegrated UnitDetached UnitTwo-Story ADU
    Agriculture (AG)1NAAllowedAllowedAllowed
    Suburban Residential (SR)NAAllowedAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    General Residential (GR)NAAllowedNot AllowedNot Allowed
    Urban Residential (UR)NAAllowedAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    Mixed Use (MU)NAAllowedAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    Neighborhood ConservationNC.1Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    NC.2Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    NC.3Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    NC.4Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    NC.5Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below

    TABLE NOTES:

    1. In the Agriculture (AG) district, an accessory dwelling unit may also include a separate residence, which may be a manufactured home, provided it is for persons employed full-time on the premises and the accessory unit is not used as a labor camp or as living quarters for transient labor.
    Table 25.02.260
    Districts and ADU Types
    DistrictSubdistrictIntegrated UnitDetached UnitTwo-Story ADU
    Agriculture (AG)1NAAllowedAllowedAllowed
    Suburban Residential (SR)NAAllowedAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    General Residential (GR)NAAllowedNot AllowedNot Allowed
    Urban Residential (UR)NAAllowedAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    Mixed Use (MU)NAAllowedAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    Neighborhood ConservationNC.1Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    NC.2Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    NC.3Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    NC.4Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    NC.5Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below

    TABLE NOTES:

    1. In the Agriculture (AG) district, an accessory dwelling unit may also include a separate residence, which may be a manufactured home, provided it is for persons employed full-time on the premises and the accessory unit is not used as a labor camp or as living quarters for transient labor.
    Table 25.02.260
    Districts and ADU Types
    DistrictSubdistrictIntegrated UnitDetached UnitTwo-Story ADU
    Agriculture (AG)1NAAllowedAllowedAllowed
    Suburban Residential (SR)NAAllowedAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    General Residential (GR)NAAllowedNot AllowedNot Allowed
    Urban Residential (UR)NAAllowedAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    Mixed Use (MU)NAAllowedAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    Neighborhood ConservationNC.1Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    NC.2Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    NC.3Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    NC.4Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    NC.5Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below

    TABLE NOTES:

    1. In the Agriculture (AG) district, an accessory dwelling unit may also include a separate residence, which may be a manufactured home, provided it is for persons employed full-time on the premises and the accessory unit is not used as a labor camp or as living quarters for transient labor.
    Table 25.02.260
    Districts and ADU Types
    DistrictSubdistrictIntegrated UnitDetached UnitTwo-Story ADU
    Agriculture (AG)1NAAllowedAllowedAllowed
    Suburban Residential (SR)NAAllowedAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    General Residential (GR)NAAllowedNot AllowedNot Allowed
    Urban Residential (UR)NAAllowedAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    Mixed Use (MU)NAAllowedAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    Neighborhood ConservationNC.1Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    NC.2Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    NC.3Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    NC.4Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below
    NC.5Allowed, subject to Item 9 belowAllowed, subject to Items 8 - 16 belowAllowed, subject to Items 8 - 16 below

    TABLE NOTES:

    1. In the Agriculture (AG) district, an accessory dwelling unit may also include a separate residence, which may be a manufactured home, provided it is for persons employed full-time on the premises and the accessory unit is not used as a labor camp or as living quarters for transient labor.
    1. Number. No lot or record shall contain more than one accessory dwelling unit.
    2. Bulk and Design Standards.

      1. Integrated Units.
        1. Integrated units shall not occupy more than 25 percent of the gross floor area of the principal building.
        2. Integrated units shall not involve design modifications to the exterior of the principal building that make their presence known or apparent. Where the principal building is expanded to accommodate the integrated unit, the expansion shall be designed, clad, painted, and roofed in a manner that matches or is comparable to the principal building.
        3. Where exterior doors provide direct access to the integrated unit, such doors shall be designed, located, and configured in a manner that is typical for secondary access to a single-family dwelling.
        4. Setbacks for integrated units are the same as for the principal building, as set out in Subsection 25.03.030.3, Lot and Building Standards.
      2. Two-story and Detached ADUs.

        1. Two Story and Detached ADUs shall not exceed 600 square feet. For the purposes of this standard, "gross floor area" means all enclosed area with a floor-to-ceiling height of at least 7.5 feet.
        2. The height of a two-story and detached ADU building shall not exceed:
          1. 13 feet to the wall plate; and
          2. 24 feet to the ridge.
    3. Transitions. Plans for accessory dwelling units shall provide means for protecting adjoining land that is used or zoned for residential purposes from any impacts of the additional density and design of the unit. Increased bufferyard opacity, landscaping, setbacks from the adjoining home(s), or prohibiting the lots that abut the site boundary from having accessory dwelling units may be required by the City.
    4. ​​Parking.
      1. Use of tandem parking to meet this requirement is allowed; however, only one tandem space is allowed per lot.
    5. ​Required Outdoor Area. Lots that are developed with ADUs shall include a usable outdoor area of at least 1,000 square feet, located behind the principal dwelling unit.

    6. Additional Requirements in SR, GR, and UR districts.
      1. There will be no parking within the front or corner side yards other than on a driveway with a maximum width of 14 feet;
      2. A Type B bufferyard is required along the boundary of the proposed development if all of the following conditions exist:
        1. Are allowed on lots along the boundary; and
        2. The abutting development is single-family residential development.
      3. The bufferyard requirement is not required if:
        1. The boundary is an alley; and
        2. ADUs are allowed on the lots on the other side of the alley.
    7. ​Additional Requirements in the NC districts.
      1. Integrated units shall demonstrate the following:
        1. There is either adequate parking already on-site or sufficient room on-site to accommodate the required additional parking without encroaching into the required yards; and
        2. There will be no parking within the front or corner side yards other than on a driveway with a maximum width of 14 feet.
      2. Two-story and detached ADU buildings shall demonstrate conformance with the standards of Item 12, above.
    8. ​Utilities. ADUs shall not be provided with utilities that are metered or billed separately from the principal building.

    9. Addressing. ADUs shall have a single address for both the principal and accessory dwellings.

    (Ord. 2018-0196; 2015-0433; 2015-0215; 2022-0844)

    Effective on: 6/13/2015

    Sec. 25.02.270 Permitted Accessory Uses, Buildings, and Structures

  • GenerallyAccessory uses and accessory buildings and structures include, but are not limited to, those set out in this Section.
  • Limitations. All accessory uses, structures and buildings shall comply with the use limitations applicable in the district in which they are located.
  • Timing. No accessory structure or use shall be constructed or established on any lot prior to the time of the substantial completion of the construction of the principal structure to which it is accessory. 
  • Permitted Accessory Uses, Buildings, and Structures.
    1. All Districts.
      1. Building management offices when limited to the management of the building, or a complex of buildings forming an integrated development, in which such office is located.
      2. Fallout and storm shelters, provided they shall not be used for any principal use or accessory use that is not permitted in the district in which it is located.
      3. Solar arrays and their condensers and energy storage, as set out in Subsection 25.03.080.4, Solar Arrays.
      4. Telecommunication antennas on existing structures, such as water towers, telecommunication towers, and utility poles.
      5. Telecommunication towers up to the maximum height allowed in the district that it is permitted, as set out in Table 25.02.130, Agricultural, Industrial, Utility, and Communication Uses.
    2. Agriculture (AG) District. 
      1. Country clubs associated with golf courses that may or may not sell alcohol.
      2. ​Offices that are incidental to and necessary for conducting a permitted use.
      3. Private stables, corrals, and paddocks when located no closer than 50 feet from street right-of-way and no closer than 40 feet from any dwelling on the same or adjoining lot (also allowed as an accessory use in the NC.1 and Rural Residential district):
        1. No horse or other equine shall be kept on a lot of less than one acre in area;
        2. No more than two horses or other equines may be kept on a one acre lot; and
        3. For lots greater than one acre in size, each additional horse requires an additional 20,000 square feet of lot area. 
      4. Roadside stands not exceeding 400 square feet in gross floor area and used for the purpose of selling agricultural products grown on the premises and located outside of all street rights-of-way, and also subject to the standards set out in Section 25.02.190, Public and Commercial Events.
      5. Telecommunication facilities, amateur radio antennas, or similar devices that do not exceed 60 feet in height. Such facilities, antennas, or devices that exceed 60 feet in height are subject to the procedures and standards set out in Section 25.02.180, Agricultural, Industrial, Utility, and Communication Use Standards.
    3. Rural Residential (RR), Suburban Residential (SR), General Residential (GR), and Urban Residential (UR) Districts, as well as the Neighborhood Conservation (NC) Sub-districts.
      1. Child's playhouse, gazebo, pavilion, or similar structure.
      2. Golf courses, swimming pools, tennis courts, and clubhouses when designed and operated within an authorized planned neighborhood.
      3. Keeping of dogs, cats and other household pets, but limited to three such animals in these districts.
      4. Outdoor storage within the rear yard, provided the lot is not a double-frontage lot, of no more than one boat and boat trailer, pickup camper top, travel trailer, or recreational vehicle, provided:
        1. It shall not be connected to electric, water, or wastewater utilities except as necessary for maintenance purposes;
        2. It shall not be used for living, sleeping or housekeeping purposes; and
        3. It may be parked in a lawful driveway when in immediately usable condition and during the normal use season.
      5. Private garages, parking lots, loading docks and driveways.
      6. Private residential clubhouse that is accessory to a multiple-family development and limited to use by occupants and guests provided that:
        1. The minimum lot size is one acre;
        2. There shall be no sleeping facilities other than those for one caretaker or manager and his/her family; and
        3. Accessory restaurants, cocktail lounges, and game rooms are permitted if open only to resident members and members' guest.
      7. Private swimming pool and bathhouse that is accessory to a residential dwelling and limited to use by the occupants and guests of the dwelling, provided that:
        1. The swimming pool, or the entire property on which it is located, shall be walled or fenced to prevent uncontrolled access to the swimming pool and all gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device located at least 45 inches above grade level for keeping the gate or door securely closed at all times; and
        2. Fixed lighting fixtures shall be arranged so as to prevent glare of beams onto any adjacent property, as set out in Division 25.05-D, Exterior Lighting (Reserved), or as otherwise required by the City.
        3. In lieu of the wall or fence requirement provided for in subsection A above, an in-ground swimming pool may be protected and enclosed by a power safety cover meeting the specifications for swimming pool covers approved by the American Society for Testing and Materials (“ASTM”) under the fixed designation standard F1346 (ASTM F1346), as reapproved by ASTM International in 2018.
        4. In lieu of the wall or fence requirement provided for in subsection A above for an above-ground swimming pool; the pool structure may be acceptable as a barrier, provided the 48 inch minimum height requirement is met, or if the barrier is mounted and sturdy on top of the pool structure.  A removable ladder shall not constitute an acceptable alternative to barrier requirements.  When the pool structure qualifies as the barrier, the ladder access area shall be enclosed with an approved minimum 48 inch high fence with self-closing and self-latching gate or door.  The self-latching device shall be located at least 45 inches above grade level for keeping the gate or door securely closed at all times.
      8. Retail stores, services, and offices for elderly housing buildings or complexes when designed and intended solely for the use and needs of the residents.
        1. Commercial uses oriented to the general public by way of the means of ingress, signage, or nature of business are prohibited; and
        2. The aggregate gross floor area devoted to such commercial uses shall not exceed 10 percent of the gross floor area devoted to the residential use.
      9. Roof-mounted telecommunication towers and antennas, subject to the following restrictions:
        1. The height of the tower shall not be more than 25 percent of the height of the building;
        2. The combined height of the tower and building shall not exceed the maximum height allowed in the zoning district; and
        3. The tower and any supports shall be set back from the edge of the roof at least as far as the height of the tower above the roof.
      10. Storage structure that is incidental to a permitted use, provided that such accessory storage structure shall not exceed 150 square feet in gross floor area.
      11. Structure to store personal property or to enclose a hobby or a home occupation in conformance with the standards set out for home businesses and home occupations in Section 25.02.130Agricultural, Industrial, Utility, and Communication Uses Standards.
      12. Tennis courts accessory to a residential dwelling and limited to use by the occupants and guests of the dwelling, provided that any and all fixed lighting fixtures shall be arranged so as to prevent glare of beams onto any adjacent property, as set out in Division 25.05-D, Exterior Lighting (Reserved), or as otherwise required by the City.
    4. Mixed Use (MU), Suburban Commercial (SC), General Commercial (GC), and Casino Entertainment (CE) Districts.
      1. Structure for storage that is incidental to a permitted use, provided that such accessory storage structure shall not exceed 10 percent of the building coverage of the principal building.
      2. Structures built to house accessory uses when the primary use of the property does not normally occur within a building provided the Board of Adjustment determines that:
        1. The outdoor use will be long term;
        2. It is unlikely that the structure will be used for a use not associated with the property’s principal use; and
        3. The structure will not be a detriment to the neighborhood.
      3. Vending machines.
    5. Business Park (BP) and General Industrial (GI) Districts.
      1. Bona fide warehouse clearance sales accessory to a permitted use, provided:
        1. The sale does not exceed seven days of duration for any one sale event or a duration of 28 days in any one year period; and
        2. Sale merchandise is limited to the stocks normally stored in the principal use on the premises (e.g. the merchandise does not include items that are shipped in specifically for such clearance sale).
      2. Factory outlet stores that are accessory to a permitted use, provided:
        1. The store does not exceed 5,000 square feet of gross floor area; and
        2. It is limited to the sale of surplus production manufactured by the principal use of the premises.
      3. Incinerators.
      4. Roof-mounted telecommunication towers and antennas, subject to the following restrictions:
        1. The height of the tower shall not be more than 25 percent of the height of the building;
        2. The combined height of the tower and building shall not exceed the maximum height allowed in the zoning district; and
        3. The tower and any supports shall be set back from the edge of the roof at least as far as the height of the tower above the roof.
      5. Structures built to house accessory uses when the primary use of the property does not normally occur within a building provided the Board of Adjustment determines that:
        1. The outdoor use will be long term;
        2. It is unlikely that the structure will be used for a use not associated with the property’s principal use; and
        3. The structure will not be a detriment to the neighborhood.
      6. Portable Storage Units, subject to the following restrictions:
        1. A building permit is required prior to placement of a Portable Storage Unit larger than 120 square feet in area, ensuring effective anchoring/foundation according to the then most current edition of the International Building Code. The application shall show the proposed Portable Storage Unit is accessory to the permitted use of the property and meets the placement criteria for the zone; and
        2. Portable Storage Units shall meet the setback requirements of the underlying zone; and
        3. Portable Storage Units shall not be stacked above the height of a single container device, except for placement within the General Industrial (GI) zone; and
        4. Portable Storage Units shall not be used for any advertising purpose and shall be all one color; and
        5. Upon review of a site plan, Portable Storage Units may be required to be fenced or screened from abutting properties and/or rights-of-way pursuant to the placement of the Portable Storage Unit; and
        6. Portable Storage Units shall be in an approved designated area and on the same property as the principal use and be included in the calculation of overall lot coverage; and
        7. Portable Storage Units shall not occupy required off-street parking, loading or landscaping areas.
    6. ​​Public and Institutional (PI) District.
      1. Regarding recreation uses and facilities, accessory uses or activities shall be subordinate in area, extent, and purpose to the principal use, and shall be those which are customarily established in conjunction with the operation of permitted open spaces or recreation facilities, including, but not limited to, the sales of alcoholic beverages, food services, and sales and rental of equipment. 
      2. Portable Storage Units, subject to the following restrictions:
        1. A building permit is required prior to placement of a Portable Storage Unit larger than 120 square feet in area, ensuring effective anchoring/foundation according to the then most current edition of the International Building Code. The application shall show the proposed Portable Storage Unit is accessory to the permitted use of the property and meets the placement criteria for the zone; and
        2. Portable Storage Units shall meet the setback requirements of the underlying zone; and
        3. Portable Storage Units shall not be stacked above the height of a single container device, except for placement within the General Industrial (GI) zone; and
        4. Portable Storage Units shall not be used for any advertising purpose and shall be all one color; and
        5. Upon review of a site plan, Portable Storage Units may be required to be fenced or screened from abutting properties and/or rights-of-way pursuant to the placement of the Portable Storage Unit; and
        6. Portable Storage Units shall be in an approved designated area and on the same property as the principal use and be included in the calculation of overall lot coverage; and
        7. Portable Storage Units shall not occupy required off-street parking, loading or landscaping areas.
    7. Airport Protection (AP) DistrictAccessory uses in the AP district include those facilities that are 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. Uses that are not incidental to normal operations and therefore, not accessory uses include, but are not limited to, general repair facilities and commercial and industrial operations, unless such facilities or operations are permitted uses in the primary zone. 
  • (Ord. 2020-0845; 2018-0196; 2015-0433; 2015-0215; 2021-0460)

    Effective on: 5/22/2021

    Sec. 25.02.280 Space Limitations for Certain Accessory Structures

    Repealed by Ordinance 2015-0433

    (Ord2015-0433; 2015-0215)

    Effective on: 1/1/1901

    Subsection 25.02.060.1 Airport Protection (AP) District
  • 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.
  • Purpose. Consistent with the Chapter 329, Airport Zoning, of the Iowa Code, 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:
    1. That the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport;
    2. That it is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of airport hazards be prevented;
    3. That the prevention of airport hazards should be accomplished, to the extent legally possible, by the exercise of the City’s police power;
    4. That 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.
  • Jurisdiction. The standards, regulations, and restrictions of this Section apply to lands within the corporate limits of the City of Sioux City.
  • Authority. The administration and enforcement of the regulations of this Item is hereby granted to the Administrator, in coordination with the Airport Director, who shall review and act upon all applications for permits.
  • Conflict. In the event of any conflict between the regulations of this 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.
  • Airport Zoning Commission.  The Airport Zoning Commission is appointed in accordance with Iowa Code, Section 329.9, Procedure for Adopting Zoning Regulations - Zoning Commission, as amended from time to time.
  • Applicability. All projects located within the AP District that exceed 150 feet in height shall be reviewed by the Administrator, in consultation with the Airport Director, for compliance with the provisions of the AP district.
  • Boundaries. The boundaries of the AP District are the extents of the airport zones within the jurisdiction of the City, as set out in Item 22., Zones, below.
  • 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.
  • Disclaimer. The degree of protection provided by this Item 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 Item 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 Item.
  • Avigation Easement . This Item may apply to land within the airport hazard area, and to development for which the 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 avigation easement over the parcel proposed for development. The easement shall:
    1. Be in a form reviewed and recommended by the City Attorney and approved by the City Council;
    2. Permit flight operations above the parcel proposed for development;
    3. Release the aircraft operator, the airport owner and operators, and the City from liability or responsibility for the effects of their flight operations;
    4. 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; and
      3. Remove, mark, or light structures or other obstructions above heights specified in the easement.
    5. Run with the land with a perpetual term;
    6. Include language stating that, where applicable, noise mitigation construction techniques may be required to mitigate the noise to which the property is exposed; and
    7. Be recorded in the public records of Woodbury County.
  • 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.
    1. 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.
    2. 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.
    3. 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.
  • Permit Exceptions.
    1. 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.
    2. 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.
    3. 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.
  • 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.
  • Required Annotations on Development Approvals.
    1. Generally. A specific note indicating the recording information for the avigation easement that is required by Item 11, Avigation Easement Required, above, shall be required on all development approvals.
    2. 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 Item, 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.
    3. 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 Item (transcribed or summarized);
      2. Noise disclosure text; and
      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.
  • Permitted Uses. The AP District shall permit airport uses, as well as related support facilities and other uses allowed in the BP and GI Districts, provided that such allowed uses are not detrimental or hazardous to the safety of aircraft. All regulations that apply to the BP and GI Districts shall also apply to the AP District, except where such regulations conflict with Federal Aviation Administration (FAA) regulations.
  • 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 BP and GI Districts, as allowed. 
  • 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:
    1. Create electrical interference with navigational signals or radio communication between the airport and aircraft;
    2. Make it difficult for aircraft operators to distinguish between airport lights and other lights;
    3. Result in glare in the eyes of aircraft operators using the airport;
    4. Impair visibility in the vicinity of the airport; or
    5. In any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.
  • Space Limits. The space limits shall be the same as those applicable to the BP and GI Districts, except:
    1. No heliport shall be located on a lot of less than 40,000 square feet; and
    2. No landing field for airplanes shall be located on a site of less than 40 acres; and
    3. 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. 
  • Height Limits. Except as provided in this Item, 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:
    1. 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.
    2. 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.
    3. 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.
    4. Horizontal Zone. Height limits are as follows: 150 feet above the airport elevation.
    5. 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.
  • Height Exception. Nothing in this 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. 
  • 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:
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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 twenty to one for a horizontal distance of 4,000 feet. 
  • 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 Item 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 Item 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, as set out in Subsection 25.06.090.24, Variance, 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 Iowa Code; and 14 CFR § 77.
  • 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.
  • Nonconforming Uses and Improvements.
    1. Generally. See Subchapter 25.06-C, Nonconformities.
    2. Regulations Not Retroactive. With the exception of those uses specifically prohibited in Item 18, Use Restrictions, above, the regulations set out in this 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 Code and is completed within one year.
    3. Marking and Lighting. Notwithstanding Item 2, 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. 
  • (Ord. 2015-0215)

    Effective on: 1/1/1901

    Subsection 25.02.060.2 Casino Entertainment (CE) District
  • Purpose. The Casino Entertainment (CE) District is a special district by reason of its context, scale, and unique development characteristics. It is established for the purpose of creating standards and conditions for the development and operation of gambling structures, casinos, and other primary and accessory uses which may accompany them while protecting the public health, safety, and general welfare, and minimizing the secondary negative effects of such uses by ensuring they are compatible with existing and anticipated land uses. 
  • Boundaries. The boundaries of the CE District are reflected on the Zoning Map.
  • Allowed, Limited, and Conditional Uses. The uses that are permitted within the CE District are those allowed, limited, and conditional uses set out in the table in Subchapter 25.02-C, Land Uses.
  • Prohibited Uses. Uses that are not allowed, limited, or conditional in the table in Subchapter 25.02-C, Land Uses, and those that are not a subcategory of or functionally similar to these uses are prohibited. Also prohibited are uses that are deemed by the Commission as being detrimental to neighboring uses by reason of excessive noise, traffic, lighting, glare, or other such secondary negative effects.
  • Site Plan Required. A site plan that complies with the submittal requirements and review and approval procedures set out in Subsection 25.06.080.10, Site Plan, is required for all development within the CE District.
  • Pedestrian Access Plan. A plan shall be submitted as part of site plan review and approval that establishes direct pedestrian connections to the City's sidewalk, trail, and skyway systems, as well as to all adjacent uses and parking areas.
  • Building and Site Design. See Section 25.03.180, Nonresidential and Mixed Use Development Design Standards.
  • Special Studies. Generally, uses within this district have nonlinear or widely varying traffic and parking and loading demand characteristics. Therefore:
    1. The parking requirements listed in Subsection 25.05.030.2, Required Parking and Loading, are indicated as "special study." Required parking for uses within this district shall be established according to the standards of Subsection 25.05.030.5, Parking Studies, Credits, and Reductions. Off-street parking and loading requirements shall be established by the City in conjunction with its review of the submitted parking study and plans, a review of the uses and parking requirements listed in Subchapter 25.05-A, Parking and Loading, and any other materials relative to the parking and loading requirements of casinos and their ancillary land uses that the City deems useful and necessary.
    2. A Traffic Impact Assessment (TIA) may be required by the Administrator. Specific improvements shall be proposed if the development causes the projected level of service to be less than level "C", as defined by the most recent version of the Highway Capacity Manual by the Traffic Research Board of the National Safety Research Council.
  • (Ord. 2015-0215)

    Effective on: 1/1/1901

    Subsection 25.02.060.3 Historic Area (HA) District
  • Purpose. The purpose of the Historic Area (HA) District is to promote the public health, safety, and welfare through:
    1. Promotion of the educational, cultural, economic, and general welfare of the public through the recognition, enhancement, and perpetuation of sites and districts of historical, cultural, or architectural significance;
    2. Safeguarding the City's historic, aesthetic, and cultural heritage by preserving sites, districts, and landmarks of historic and cultural significance;
    3. Stabilizing and improving property values;
    4. Fostering pride in the legacy of beauty and achievements of the past;
    5. Protecting and enhancing the City's attractions to tourists and visitors and the support and stimulus to local business;
    6. Strengthening the economy of the City; and
    7. Promoting the use of sites, districts, and landmarks of historic and cultural significance as places for the education, pleasure, and welfare of the people of the City. 
  • Intent. The intention of this Item is to create a reasonable balance between private property rights and the public interest in preserving Sioux City's unique historic character by ensuring that demolition of, moving, or alterations to properties of historic value shall be carefully considered for impact to the property's contribution to Sioux City's heritage.
  • Applicability. The provisions of this Item apply to alterations to, improvements to, or demolition of locally designated landmarks and historic districts.
  • Administration. This Article is administered by:
    1. The Administrator, acting as the Historic Preservation Officer, who has the powers set out in Subsection 25.06.030.7, Administrator;
    2. The Historic Preservation Commission, who has the powers set out in Subsection 25.06.030.5, Historic Preservation Commission; and
    3. The City Council, who has the powers set out in Subsection 25.06.030.1, City Council.
  • Procedures. The procedures for the implementation of this Item are set out as follows:
    1. Subsection 25.06.090.16, Certificate of Appropriateness;
    2. Subsection 25.06.090.18, Designation of Historic Site or District; and
    3. Subsection 25.06.160.7, Special Provisions for Historic Preservation.
  • Sub-districts. Three sub-districts are created within the Historic Area (HA) District:​
    1. Historic 4th Street Subdistrict. This subdistrict is for the purpose of providing for the redevelopment and adaptive reuse of historic buildings in a manner that maintains the historical and architectural character of the subdistrict. This subdistrict is only intended for areas designated as local or national historical districts by the City or the United States Secretary of the Interior pursuant to the National Historic Preservation Act, 16 USC Section 470, et seq. This subdistrict is not intended for other areas of the City.
    2. Historic Pearl Subdistrict. This subdistrict is for the purpose of providing for infill, redevelopment, and adaptive reuse of existing historic buildings in a manner that builds on the traditional urban character of Downtown Sioux City while embracing and supporting the events occurring at The Gateway Arena and the adjacent Hard Rock Hotel and Casino in the Casino Entertainment (CE) District.
    3. Historic Neighborhood or Center Subdistrict. This subdistrict is for the purpose of recognizing the historic, cultural, or architectural significance of individual or portions of neighborhoods or nonresidential or mixed use centers, and providing for their conservation.
  • Map Notations. The sub-districts set out in Item 6, Sub-districts, above, shall be designated on the Official Zoning Map as follows:
    1. Historic 4th Street Subdistrict - HA - 4th Street (or HA-4);
    2. Historic Pearl Subdistrict - HA - Pearl (or HA-P); and
    3. Historic Neighborhood Subdistrict - HA - (Neighborhood Name), e.g. HA - Rose Hill or (HA-N).
  • Allowed, Limited, and Conditional Uses. The uses that are permitted within the HA District are those allowed, limited, and conditional uses set out in Subchapter 25.02-C, Land Uses.
  • Prohibited Uses. Uses that are not allowed, limited, or conditional in Subchapter 25.02-C, Land Uses, and those that are not a subcategory of or functionally similar to these uses are prohibited. Also prohibited are uses that are deemed by the Historic Preservation Commission as being contrary or detrimental to the purposes set out in Item 1, Purpose, above.
  • Design Standards. See Subsection 25.03.190.4, Historic Area (HA) Design Standards.
  • (Ord. 2015-0215)

    Effective on: 1/1/1901

    Subsection 25.02.060.4 Public and Institutional (PI) District
  • Purpose. The Public and Institutional (PI) District is to accommodate public, semi-public, and institutional uses that are unique in nature and scale and thus, most appropriate in their own district and subject to their own standards.
    1. Application and Use. This district is used to delineate properties that are owned by the City (including parks and recreational areas and open spaces), Woodbury County, or the State of Iowa, as well as places of assembly, and utilities.
    1. Boundaries. The boundaries of the PI Districts are as set out on the Zoning Map.
    1. Permitted Uses. The uses that are permitted by right (allowed), allowed subject to special standards (limited) or processes (conditional), or not allowed (prohibited) are set out in Subchapter 25.02-C, Land Uses.
    1. Development Standards. Development, redevelopment, and substantial improvements shall be in accordance with the standards set out in Section 25.03.040, Standards for Nonresidential and Mixed Use Development, as well as Section 25.03.180, Nonresidential and Mixed Use Design Standards.

    (Ord. 2015-0215)

    Effective on: 1/1/1901