Spencer City Zoning Code

   This chapter shall be known and may be cited as the zoning ordinance.

(Prior Code, § 9-1-1) (Ord. passed 10-11-1990)

   The zoning ordinance, enacted September 4, 1945, is repealed. The repeal of said ordinance shall not release or relinquish any penalty, forfeiture or liability under said ordinance.

(Prior Code, § 9-1-2) (Ord. passed 10-11-1990)

   (A)   If any court of competent jurisdiction shall declare any part of this chapter to be invalid, such ruling shall not affect any other provisions of this chapter not specifically included in said ruling.

   (B)   If any court of competent jurisdiction shall declare invalid the application of any provisions of this chapter to a particular land, parcel, lot, district, use, building or structure, such ruling shall not affect the application of said provision to any other land, parcel, lot, district, use, building or structure not specifically included in said ruling.

(Prior Code, § 9-1-3) (Ord. passed 10-11-1990)

   (A)   Where any condition imposed by any provision of this chapter upon the use of any lot, building or structure is either more restrictive or less restrictive than any comparable condition imposed by any other provision of this chapter or by the provision of an ordinance adopted under any other law, or by the provision of any statute, the provision which is more restrictive or which imposed a higher standard or requirement shall govern.

   (B)   This chapter is not intended to abrogate or annul any easement, covenant or other private agreement; provided, that where any provision of this chapter is more restrictive or imposes a higher standard or requirement than such easement, covenant or other private agreement, the provisions of this chapter shall govern.

(Prior Code, § 9-1-4) (Ord. passed 10-11-1990)

   The Council shall cause to be prepared and approved, an official zoning districts map showing the various districts, which may be changed or corrected from time to time as recommended by the Planning and Zoning Commission and enacted by the Council. The map shall be kept up to date by the Building and Zoning Officer.

   (A)   Official map. The official zoning districts map shall be that zoning map on file in the offices of the city, so designated as “Spencer, Iowa official zoning map,” and all references hereafter to said official map shall mean the map just referred to, said map by this reference being made a part of this Zoning Code.

   (B)   Districts. The city shall divide the official zoning districts map of the city into districts or zones, as follows:

      (1)   A Residential District;

      (2)   B Multiple Residential District;

      (3)   B-1 Bed and Breakfast Multiple Residential District;

      (4)   CBD Central Business District;

      (5)   C-1 General Commercial District;

      (6)   C-2 Highway Commercial District;

      (7)   F Fair and Exposition District;

      (8)   D Light Industrial District;

      (9)   E Heavy Industrial District;

      (10)   MH Mobile Home District;

      (11)   R Riverfront District; and

      (12)   Public Water Supply Protection Overlay District.

   (C)   Boundaries. The zones shall be indicated on the zoning districts map by different colors or shades, which also will show district boundaries.

   (D)   Zoning of rights-of-way. All rights-of-way in the city shall be included in the zoning district of the property adjacent to the right-of-way. The centerline of the right-of-way shall be the dividing line between different zoning districts.

(Prior Code, § 9-1-5) (Ord. passed 10-11-1990; Ord. 518, passed 8-2-1999; Ord. 547, passed 6-4-2001; Ord. 575, passed 8-5-2002; Ord. 579, passed 1-6-2003; Ord. 723, passed 7-18-2011)

   No structures or building or part thereof shall be erected, constructed, reconstructed, remodeled, converted, altered, enlarged, extended, raised, moved or used, and no land shall be used except in conformity with this chapter.

(Prior Code, § 9-1-6) (Ord. passed 10-11-1990) Penalty, see § 155.999

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY VEHICLE.

      (1)   Includes the following:

         (a)   A self-propelled vehicle designed or used for temporary dwelling, recreational or sporting purposes, excluding motorcycles;

         (b)   A vehicle designed to be towed (typically described as a trailer);

         (c)   A watercraft;

         (d)   A snowmobile;

         (e)   A golf cart;

         (f)   An all-terrain vehicle;

         (g)   ACCESSORY VEHICLE includes: travel trailers, camping trailers, motor homes, converted trucks and buses, boats and boat trailers, snowmobile and motorcycle trailers, and general purpose trailers (open or enclosed). The term ACCESSORY VEHICLE does not include a self-propelled motor vehicle regularly used for family or commercial transportation purposes; and

         (h)   An ACCESSORY VEHICLE not exceeding 22 feet in length, excluding that portion of the tongue and hitch of a towed vehicle which extends from the main body, platform or frame, is a Class I accessory vehicle. ACCESSORY VEHICLES more than 22 feet in length are Class II ACCESSORY VEHICLES.

      (2)   In determining the length of an ACCESSORY VEHICLE, the entire length of the vehicle, including all component parts, attachments and accessories, but excluding only that portion of the tongue and hitch of a towed vehicle which extends from the main body, platform or frame, shall be included in determining the length.

   ADDITION. Any construction which increases the site coverage, height, length, width or floor area of a structure.

   ALLEY. A public thoroughfare not more than 30 feet in width, for the use of vehicles, which has been dedicated or deeded to the public for its use.

   ALTERATION. Any change in the supporting members of a building, such as bearing walls, partitions, columns, beams or girders.

   ATTACHED. Having one or more walls in common with a principal building, or adjoined to a principal building by an aboveground covered porch or passageway.

   ATTIC. A space under a gable, hip or gambrel or other roof, the finished floor of which is or would be at or entirely above the level of the wall plates of at least two exterior walls, and the height of which, from the floor level to the highest point of the roof, does not exceed ten feet.

   BASEMENT. A story partly underground but having at least one-half of its height above the curb level, and also one-half of its height above the highest level of the adjoining ground, with a floor to ceiling dimension of at least six and one-half feet. A BASEMENT shall be counted as a story under the provisions of this chapter.

   BOARDING OR LODGING HOUSE. A building, other than a hotel, where meals are regularly served or lodging furnished for compensation to more than three persons not related by blood or marriage of the family residing therein.

   BUILDING. A structure having a roof supported by columns or walls for shelter, support or enclosure of persons, animals or chattels. When separated by division walls from the ground up without openings, each portion of such structure shall be deemed a separate BUILDING.

   BUILDING, ACCESSORY. A building which is subordinate to the main building on the lot, not attached thereto and used for purposes customarily incidental to those of the main building. Private garages are ACCESSORY BUILDINGS.

   BUILDING, HEIGHT OF. The perpendicular distance measured in a straight line from the curb level to the highest point of the roof. Where a building is situated on ground above the curb level or where no curb grade is established, such height shall be measured from the level of the adjoining ground at the middle of the front wall.

   BUILDING LINE. The setback distance from the front property line, rear lot line and side lot lines as provided in this chapter.

   BUILDING WALL. The wall of a building forming a part of the main structure. The foundation walls of unenclosed porches, steps, walks and retaining wall or similar structures, shall not be considered as BUILDING WALLS under the provisions of this chapter.

   BUSH. See definition of SHRUB.

   CELLAR. A story having more than one-half of its height below the curb level, or below the highest level of the adjoining ground with a floor to ceiling dimension of at least six and one-half feet. A CELLAR shall not be considered as a story for the purpose of this chapter.

   COMMUNICATIONS TOWERS. An independent structure of a height more than 35 feet above ground level used for transmitting or receiving wireless communications.

   CURB LEVEL. The established curb grade adjacent to a lot.

   DETACHED. Fully separated from any other structure; not attached.

   DRIVE-IN SERVICE. A feature or characteristic of a use involving sale of products or provision of services to occupants in vehicles, including drive-in or drive-up windows and drive-through services, such as mechanical automobile washing.

   DRIVEWAY. An area providing vehicular access between a street and an off-street parking or loading area.

   DWELLING. Any building or portion thereof which is designed or used primarily for residential purposes, but not including, a tent or trailer.

   DWELLING, MULTI-FAMILY. An apartment house or dwelling used or intended to be used or occupied as the residence of three or more families or housekeeping units living independently of each other.

   DWELLING, SINGLE-FAMILY. A detached building that is arranged, designed or intended to be occupied as the residence of a single family and having no party wall in common with an adjacent building.

   DWELLING, TRI-PLEX.

      (1)   A dwelling group consisting of three dwelling units connected by common walls with separate, ground floor entrances for each dwelling unit.

      (2)   A DWELLING, TRI-PLEX is considered a dwelling, multi-family and is permitted wherever dwelling, multi-family uses are permitted.

   DWELLING, TWO-FAMILY. A detached building that is arranged, designed or intended to be occupied as the residence of two families or housekeeping units living independently of each other.

   ENCLOSURE, ENCLOSED STRUCTURE and PERMANENTLY ENCLOSED STRUCTURE. A building constructed of wood, masonry, metal, fiberglass or glass components connected or fastened so as to create a rigid structure with no openings, except functional doors and windows which can be closed to create a building with no openings. A structure which incorporates a tarp, canvas or other flexible material to cover an otherwise open space is not an ENCLOSURE.

   FAMILY. A group of individuals living and cooking together on the premises as one housekeeping unit, but a family shall not include more than three individuals not related by blood or marriage.

   FAMILY HOME. As defined in Iowa Code § 414.22(2)(c).

   FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

   GARAGE, PRIVATE. An accessory building or portion of a building in which one or more motor vehicles are housed, but in which no business services or industry connected with the motor vehicles is carried on other than leasing of space.

   HEDGE. A linear growth of woody plant(s) planted to form a barrier to enclose or screen areas of land.

   HOME OCCUPATION. A business or occupation use conducted in a residential zone, which use is incidental and secondary to the residential use and which complies with the provisions of § 155.027.

   LOADING SPACE. An area used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located.

   LOT. A parcel of land under common ownership having its frontage upon one or more streets or on an officially approved place.

   LOT AREA. The net horizontal area within bounding lot lines, but excluding any portion of a flag (panhandle) lot providing access to a street and excluding any public or private easement or right-of-way providing access to another lot.

   LOT COVERAGE or BUILDING COVERAGE. The area of a lot covered by buildings or ground level paving, but excluding incidental projecting eaves, balconies and similar features and excluding landscaping and open recreational facilities.

   LOT DEPTH. The distance from the front lot line to the rear lot line. In the case of a lot of irregular shape, the mean depth shall be the LOT DEPTH.

   LOT, INTERIOR. A lot other than a corner lot.

   LOT LINE, FRONT. In the case of an interior lot abutting on only one street, the FRONT LOT LINE is the street line of such street. In the case of a through lot, it may be such street line as is selected by the owner as the FRONT LOT LINE for the purposes of this chapter. In the case of a corner lot with frontage on two or more public streets, the FRONT LOT LINE shall be the lot line so designated by the owner.

   LOT LINE, REAR. That boundary line which is opposite and most distant from the front lot line.

   LOT LINE, SIDE. Any boundary line not a front line or a rear lot line.

   LOT WIDTH. The distance between the side lot lines. In the case of a lot of irregular shape, the mean width shall be the LOT WIDTH.

   MOBILE HOME. Any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but shall also include any such vehicle with motive power not registered as a motor vehicle.

   MOBILE HOME PARK. Any site, lot, field or tract of land upon which two or more occupied mobile homes are situated, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such MOBILE HOME PARK.

   MOBILE HOME SPACE. An area within a mobile home park which is designed for and designated as the location for a single mobile home and the exclusive use of its occupants.

   MODULAR HOME. A factory built structure which is manufactured or constructed to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be attached or towed behind a motor vehicle, and which does not have permanently attached to its body or frame any wheels or axles.

   NON-CONFORMING USE. A lawful use of any land, building or structure, other than a sign, that does not conform with currently applicable use regulations, but which complied with use regulations in effect at the time the use was established.

   PARKING FACILITY. An area on a lot or within a building, or both, including one or more parking spaces together with driveways, aisles, turning and maneuvering areas, clearances and similar features, and meeting the requirements established by this chapter. The term PARKING FACILITY shall include parking lots, garages and parking structures.

   PARKING SPACE. An area on a lot or within a building, used or intended for use for parking of a motor vehicle, having permanent means of access to and from a public street or alley independently of any other parking space, and located in a parking facility meeting the requirements established by this chapter. The term PARKING SPACE is equivalent to the term “parking stall” and does not include driveways, aisles or other features comprising a parking facility.

   PORCH, OPEN. A roofed structure, open on two or more sides, projecting from the front, side or rear wall of the building.

   PUBLIC NOTICE. The publication of the time and place of any public hearing not less than seven days prior to the date of said hearing in one newspaper of general circulation in the city.

   PUBLIC WAY. An open or unoccupied public space more than 30 feet in width which is permanently reserved for the purpose of access to abutting property.

   RESIDENTIAL CONVENIENCE SERVICE. A use or activity of a commercial nature conducted as an accessory use to multiple-family residential or mobile home park residential use, and intended solely for the convenience of residents thereof.

   SETBACK LINE. A line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures and uses on the lot.

   SEXUALLY-ORIENTED BUSINESS.

      (1)   SEX ACT(S). Any sexual contact, actual or simulated, either natural or deviate, between two or more persons, or between a person and an animal, by penetration of the penis into the vagina or anus, or by contact between the mouth or tongue and genitalia or anus, or by contact between a finger of one person and the genitalia of another person, or by use of artificial sexual organs or substitute therefor in contact with the genitalia or anus.

      (2)   SEXUALLY-ORIENTED BOOK OR VIDEO STORE. An establishment having as a significant portion of its stock in trade books, films, videotapes, magazines and other periodicals which are distinguished or characterized by an emphasis on matter depicting or describing sex act(s) or specified anatomical areas.

      (3)   SEXUALLY-ORIENTED CABARET. Any establishment at which live entertainment involving sex act(s) or the exposure of specified anatomical areas is provided.

      (4)   SEXUALLY-ORIENTED MOTEL. A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing sex act(s) or specified anatomical areas.

      (5)   SEXUALLY-ORIENTED MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing sex act(s) or specified anatomical areas.

      (6)   SEXUALLY-ORIENTED MOTION PICTURE THEATER. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing sex act(s) or specified anatomical areas for observation by patrons therein.

      (7)   SPECIFIED ANATOMICAL AREAS. Include the following: human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola.

   SHRUB. A woody plant, grown for decorative, screening or enclosure purposes. The definitions of a SHRUB and a bush shall be the same and are interchangeable.

   SITE PLAN. A plan, prepared to scale, showing accurately and with complete dimensions, all of the buildings, structures and uses, and principal site development features, including parking, access and landscaping and screening, proposed for a specific parcel of land.

   STORY. The part of any building comprised between any floor and the floor or attic next above; the first story of a building is the lowest story having at least one-half of its height above the highest level of adjoining ground.

   STREET, FRONT. The street or public place upon which a lot abuts. If a lot abuts upon more than one street or public place, it shall mean the street designated as the FRONT STREET in the owner’s application for a building permit.

   STREET LINE. The dividing line between a lot and a public street, alley or place.

   STREET, PUBLIC. A public thoroughfare more than 30 feet in width.

   STREET WALL. The wall of the building nearest the street under consideration.

   STRUCTURE. That which is built or constructed and composed of parts joined together in a definite manner. Grade level concrete paving shall not be classified as being a structure.

   SUBSTANDARD LOT. A lot of record that does not comply with currently applicable minimum area, width or depth requirements for the district in which it is located, but which complied with applicable requirements when it was placed on record.

   TOWNHOUSE. A dwelling unit having a common wall with or abutting one or more adjoining dwelling units in a townhouse group.

   TOWNHOUSE GROUP. Two or more contiguous townhouses having common or abutting walls.

   TREE. A woody growth with an expected height in excess of six feet.

   USE. The conduct of an activity, or the performance of a function or operation, on a site or in a structure.

      (1)   ACCESSORY USE. A use or activity which is incidental to and customarily associated with a specific principal use on the same site.

      (2)   PERMITTED USE. A use defined by § 155.021 and listed by the regulations for any particular district as a permitted use within that zone, and permitted therein as a matter of right when conducted in accordance with the regulations established by this chapter.

      (3)   PRINCIPAL USE. A use which is a primary function of a lot or structure.

      (4)   SPECIAL EXCEPTION USE. A use defined by § 155.021 and listed by the regulations for any particular district as a special exception use within that district and allowable therein, solely on a discretionary and conditional basis subject to a special exception use permit and to all other regulations established by this chapter.

   VALUATION. The 100% valuation of a building or structure, as determined by the County Assessor.

   WIND ENERGY SYSTEM. Equipment that converts and then stores or transfers energy from wind into usable forms of energy, including any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other components.

   YARD, FRONT SETBACK. The required space, unobstructed to the sky, open for the whole width of the lot extending from the nearest part of any building of the lot to the front lot line excluding cornices, eaves, gutters or chimneys projecting not more than 30 inches, steps, bay window or similar features not extending through more than one story and which do not aggregate more than one-third of the width of the frontage of the building, and vestibules not more than one story in height and extending not more than three feet beyond the front wall of the principal building.

   YARD, REAR SETBACK. The required open space, unobstructed to the sky, extending along the rear lot line (not street line), throughout the whole width of the lot to the rear of the principal building. Cornices, eaves, gutters or chimneys may project not more than 30 inches into the required rear yard. Uncovered steps or open porches not more than one story in height and eight feet in width may extend not more than 12 feet into the required rear yard.

   YARD, SIDE SETBACK. The required open space, unobstructed to the sky, extending along the side lot line from the front yard to the rear yard, excluding cornices, eaves, gutters, chimneys, bay windows or similar features which project into the side yard not more than 30 inches.

   ZERO LOT LINE. The location of buildings on lots such that one or more of the building’s sides shares a common wall with an adjoining building.

(Prior Code, § 9-2-1) (Ord. passed 10-11-1990; Ord. 407, passed 1-20-1992; Ord. 422, passed 8-17-1992; Ord. 487, passed 1-5-1998; Ord. 540, passed 12-18-2000; Ord. 573, passed 7-15-2002; Ord. 581, passed 2-17-2003; Ord. 642, passed 1-16-2006; Ord. 654, passed 4-16-2007; Ord. 712, passed 11-1-2010; Ord. 722, passed 7-18-2011; Ord. 851, passed 10-7-2019; Ord. 891, passed 7-5-2022)

   (A)   The purpose of the use classifications shall be to provide a consistent set of terms encompassing and defining uses permitted or specifically permitted in the various districts, and to provide a procedure for determination of the applicable use classification of any activity not clearly within any defined use classification.

   (B)   In the event of any question as to the appropriate use classification of any existing or proposed use or activity, the Building and Zoning Officer shall have the authorization to determine the appropriate classification, subject to the right of appeal pursuant to §§ 155.295 through 155.302. In making such determination, the Building and Zoning Officer shall consider the characteristics of the particular use in question, and shall consider any functional, product, service or physical facility requirements common with or similar to uses cited as examples of use classifications.

      (1)   General description of residential use types. Residential use types include the occupancy of living accommodations on a wholly or primarily non-transient basis, but exclude institutional living arrangements involving those providing 24-hour skilled nursing or medical care and those providing forced residence, such as asylums and prisons.

         (a)   Single-family residential. The use of a site for only one dwelling unit.

         (b)   Duplex residential. The use of a site for two dwelling units within a single building.

         (c)   Two-family residential. The use of a site for two dwelling units, each in a separate building.

         (d)   Townhouse residential. The use of a site for three or more townhouse dwelling units, constructed with common or adjacent walls and each located on a separate ground parcel within the total development site, together with common area serving all dwelling units.

         (e)   Multiple-family residential. The use of a site for three or more dwelling units, within one or more buildings.

         (f)   Group residential and assisted elderly housing.

            1.   Group residential. The residential occupancy of living accommodations by groups of more than five persons not defined as a family on a weekly or longer basis. Typical uses include occupancy of fraternity or sorority houses, dormitories, residence halls or boarding houses.

            2.   Assisted elderly housing. A specific type of group residential housing; private or private non-profit, elderly housing comprised of individual studio, one bedroom and two bedroom dwelling units for residents over the age of 55. On-site services and facilities such as meals, cleaning, laundry, recreation, fitness, transportation and social activities are normally an integral part of the development. Medical services may be offered, but no long-term hospital or nursing home care is provided within the assisted elderly housing development.

         (g)   Mobile home residential. The residential occupancy of mobile homes by families on a weekly or longer basis. Uses only include mobile home parks or mobile home subdivisions.

      (2)   General description of commercial use types. Commercial use types include the sale, rental, service and distribution of goods; and the provision of services other than those classified as industrial or civic uses.

         (a)   Administrative and business offices. Offices of private firms or organizations which are primarily used for the provision of executive, management or administrative services. Typical uses include administrative offices, and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, photocopy and reproduction, and business offices of public utilities, organizations and associations, or other use classifications when the service rendered is that customarily associated with administrative office services.

         (b)   Agricultural sales and services. Establishments or places of business engaged in sale from the premises of feed, grain, fertilizers, pesticides and similar goods or in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include: nurseries, hay, feed or grain stores and tree service firms.

         (c)   Animal husbandry, limited. The raising of the usual farm animals (excluding swine), either for reproductive stock or for slaughter.

         (d)   Automotive and equipment services. Establishments or places of business primarily engaged in automotive related or equipment sales or services. The following are automotive and equipment use types.

            1.   Automotive washing. Washing and cleaning of automobiles and related light equipment. Typical uses include auto laundries or car washes.

            2.   Service station. Provision of fuel, lubricants, parts and accessories, and incidental services to motor vehicles.

            3.   Commercial off-street parking. Parking of motor vehicles on a temporary basis within a privately owned off-street parking facility, other than accessory to a principal use. Typical uses include commercial parking lots or parking garages.

            4.   Automotive rentals. Rental of automobiles, non-commercial trucks, trailers and recreational vehicles, including incidental parking and servicing of vehicles available for rent or lease. Typical uses include auto rental agencies, trailer rental agencies and taxi parking and dispatching.

            5.   Automotive sales. Sale or rental of automobiles, non-commercial trucks, motorcycles, motor homes, recreational vehicles or boats, including incidental storage, maintenance and servicing. Typical uses include new or used car dealerships, motorcycle dealerships and boat, trailer and recreational vehicle dealerships.

            6.   Equipment sales. Sale or rental of trucks, tractors, construction equipment, agricultural implements, mobile homes and similar heavy equipment, including incidental storage, maintenance and servicing. Typical uses include truck dealerships, construction equipment dealerships and mobile home sales establishments.

            7.   Automotive repair services. Repair of automobiles, non-commercial trucks, motorcycles, motor homes, recreational vehicles or boats, including the sale, installation and servicing of equipment and parts. Typical uses include new and used car dealerships, motorcycle dealerships, and boat, trailer and recreational vehicle dealerships.

            8.   Equipment repair services. Repair of trucks, tractors, construction equipment, agricultural implements and similar heavy equipment. Typical uses include truck repair garages, tractor and farm implement repair services and machine shops, but excluding dismantling or salvage.

            9.   Vehicle storage. Long-term storage of operational or non-operational vehicles. Typical uses include storage of private parking tow aways or impound yards, but exclude dismantling or salvage.

         (e)   Building maintenance services. Establishments primarily engaged in the provision of maintenance and custodial services to firms rather than individuals. Typical uses include janitorial, landscape maintenance or window cleaning services.

         (f)   Business support services. Establishments or places of business primarily engaged in the sale, rental or repair of equipment and supplies used by office, professional and service establishments to the firms themselves rather than to individuals, but exclude automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops or hotel equipment and supply firms.

         (g)   Business or trade school. A use providing education or training in business, commerce, language or other similar activity or occupational pursuit, and not otherwise defined as a home occupation, college or university, or public or private educational facility.

         (h)   Cocktail lounge. A use engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, including taverns, bars and similar uses.

         (i)   Commercial recreation. Establishments or places primarily engaged in the provision of sports, entertainment or recreation for participants or spectators. The following are commercial recreation use types.

            1.   Indoor sports and recreation. Uses conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller skating rinks, and penny arcades.

            2.   Outdoor sports and recreation. Uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf courses, golf courses, swimming pools, tennis courts and racquetball courts.

            3.   Indoor entertainment. Predominately spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, meeting halls and dance halls.

            4.   Outdoor entertainment. Predominately spectator uses conducted in open facilities. Typical uses include sports arenas, racing facilities and amusement parks.

         (j)   Communication services. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms but excludes those classified as major utility facilities. Typical uses include television studios, telecommunication service centers or telegraph service offices.

         (k)   Construction sales and services. 

            1.   General. Establishments or places of business primarily engaged in construction activities and incidental storage on lots other than construction sites as well as the retail or wholesale, from the premises, of materials used in the construction of buildings or other structures other than retail sales of paint, fixtures and hardware; but excludes those classified as one of the automotive and equipment service use types. Typical uses include building materials stores, tool and equipment rental or sales, or building contractors.

            2.   Building contractor facility. An establishment or place of business involving one or more of the building trades, including shops, offices, storage of tools, materials, equipment and vehicle storage areas within enclosed structures. No equipment or materials associated with the building contractor facility shall be displayed or stored where visible from anywhere off the premises. Typical uses include: electricians, plumbers, heating and air conditioning contractors, plasterers, painters, carpenters, floor covering and tile installers.

         (l) Consumer repair services. Establishments primarily engaged in the provision of repair services to individuals and households rather than firms, but excluding automotive and equipment use types. Typical uses include appliance repair shops, watch or jewelry repair, or musical instrument repair firms.

         (m)   Convenience storage. Storage services primarily for personal effects and household goods within enclosed storage areas having individual access, but excluding use as workshops, hobby shops, manufacturing or commercial activity. Typical uses include mini-warehousing.

         (n)   Convenience store. An establishment engaged in the retail sale of food and household products, including gasoline. However, the repair, storage or servicing of vehicles shall not be permitted.

         (o)   Financial services. Establishments primarily engaged in the provision of financial and banking services. Typical uses include banks, savings and loan institutions, loan and lending activities, and similar services.

         (p)   Food sales. Establishments or places of business primarily engaged in the retail sale of food or household products for home consumption. Typical uses include groceries, delicatessens, meat markets, retail bakeries and candy shops.

         (q)   Funeral services. Establishments engaged in undertaking services such as preparing the human dead for burial and arranging and managing funerals. Typical uses include funeral homes or mortuaries.

         (r)   General retail sales. Sale or rental of commonly used goods, and merchandise for personal or household use, but excludes those classified more specifically in this section inclusive. Typical uses include department stores, apparel stores, furniture stores or establishments providing the following products or services: household cleaning and maintenance products, drugs, cards and stationery, notions, books, tobacco products, cosmetics and specialty items; flowers, fabrics and like items; cameras, photography services, household electronic equipment, records, sporting equipment, kitchen utensils, home furnishing and appliances, art supplies and framing, arts and antiques, paint and wallpaper, carpeting and floor covering, interior decorating services and office supplies; bicycles; and automotive parts and accessories (excluding service and installation).

         (s)   Kennels. Boarding and care services for dogs, cats and similar small animals. Typical uses include boarding kennels, pet motels or dog training centers.

         (t)   Laundry services. Establishments primarily engaged in the provision of laundering or dyeing services other than those classified as personal services. Typical use types include bulk laundry and cleaning plants, diaper services or linen supply services.

         (u)   Liquor sales. Establishments or places of business engaged in retail sale for consumption off the premises of alcoholic beverages. Typical uses include liquor stores, bottle shops or any licensed sales for off site consumption.

         (v)   Medical offices. A use providing consultation, diagnosis, therapeutic, preventative or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans, licensed for such practice by the state.

         (w)   Parking facility. An area on a lot or within a building, or both, including one or more parking spaces together with driveways, aisles, turning and maneuvering areas, clearances, and similar features, and meeting the requirements established by this chapter. The term parking facility shall include parking lots, garages and parking structures.

         (x) Personal improvement services. Establishments primarily engaged in the provision of informational, instructional, personal improvement and similar services of a non- professional nature. Typical uses include photography studios, driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction.

         (y)   Personal services. Establishments primarily engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops, seamstress, tailor, shoe repair shops, self-service laundry, apparel cleaning or dry cleaning services.

         (z) Pet services. Retail sales and grooming of dogs, cats, birds, fish and similar small animals customarily used as household pets. Typical uses include pet stores, dog bathing and clipping salons or pet grooming shops.

         (aa)   Professional office. A use providing professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions.

         (bb)   Research services. Activities engaged in investigation in the natural, physical or social sciences including design, engineering, product development and product testing, which may involve animals or human subjects under controlled conditions.

         (cc)   Restaurant (convenience). A use engaged in the preparation and retail sale of food and beverages, excluding alcoholic beverages, for on-premises consumption. Typical uses include soda fountains, ice cream parlors, sandwich shops, cafes and coffee shops.

         (dd)   Restaurants.

            1.   Restaurant (general). A use engaged in the preparation and retail sale of food and beverages, including the sale of alcoholic beverages when conducted as an accessory or secondary feature and producing less than 50% of the gross income. A general restaurant may include live entertainment. Typical uses include restaurants, coffee shops, dinner houses and similar establishments with incidental alcoholic beverage service.

            2.   Restaurant (limited). A use engaged in the preparation and retail sale of food and beverages, including the sale of alcoholic beverages when conducted as an accessory or secondary feature and producing less than 50% of the gross restaurant income. Such use shall not incorporate seating for more than 30 patrons, shall not be open to the public more than five hours per day, shall not be open to the public more than five days in any calendar week and shall not be open to the public after 9:00 p.m. No sign is permitted, except an identification sign not exceeding six square feet in area.

         (ee)   Recycling services. Activities by which discarded materials are collected, sorted, processed and converted into raw materials for use in the production of new products. The following are recycling services use types:

            1.   Can and bottle redemption center. An Iowa Department of Natural Resources (IDNR) approved redemption center that receives from individuals carbonated and alcoholic drink containers for the purpose of returning them to their original distributors.

            2.   Cathode ray tube (CRT) collection facility. The site where ongoing CRT collection is the only CRT recycling activity performed.

            3.   Cathode ray tube (CRT) recycling facility. Any process by which discarded CRTs of electronic materials that would otherwise become waste are processed and returned to use in the form of raw materials or products. CRT recycling includes, but is not limited to, CRT demanufacturing, CRT processing and CRT refurbishing.

            4.   Construction and demolition debris recycling facility. A site used to sort, process and store materials generated as the result of construction activity, building demolition and the repair or renovation of structures, but excluding tree and other yard waste.

            5.   Discarded appliance demanufacturing. The removal of components from discarded appliances, including, but not limited to, PCB containing capacitors, ballasts, mercury containing components, fluorescent tubes and refrigerants.

            6.   Materials recovery facility (MRF). A facility that receives materials other than those described in other recycling services use types for recycling. The MRF separates, removes contamination, sorts, densifies and stores recyclable materials. Each material is prepared to meet the requirements of a specific market. MRFs are generally considered to be handlers of materials. Typical materials recycled at an MRF are paper and plastic.

            7.   Waste tire storage and processing facility. A site covered by a permit issued by the IDNR that is used for the processing of waste tires.

            8.   Scrap and salvage facility. A facility primarily engaged in the storage, sale, dismantling or other processing of used or waste metals that are not intended for reuse in their original forms. Typical uses include automotive wrecking yards and junkyards.

         (ff)   Veterinary services. Veterinary services for animals. Typical uses include pet clinics, dog and cat hospitals, and veterinary hospitals.

         (gg)   Visitor habitation. Establishments primarily engaged in the provision of lodging services on a less than weekly basis with incidental food, drink and other sales and services intended for the convenience of guests. The following are visitor habitation use types.

            1.   Campground. Campground facilities providing camping or parking areas and incidental services for travelers in recreational vehicles or tents. Typical uses include recreational vehicle parks.

            2.   Hotel/motel. Lodging services involving the provision of room and/or board. Typical uses include hotels, motels or transient boarding houses.

            3.   Bed and breakfast facility. An establishment offering limited visitor habitation, which meets the following requirements: owner/occupied, no more than six guestrooms, food and beverage to be provided to guests only, lodging periods not to exceed seven consecutive days, with two off-street parking spaces provided for each guestroom. No signs are permitted, except an identification sign not exceeding six square feet in area.

         (hh)   Sexually-oriented business. Sexually-oriented book or video stores, motels, motion picture arcades, motion picture theaters or cabarets.

         (ii)   Food processing. Activities involving the processing of animal or vegetable food substances to a finished product suitable for wholesale or retail sales in compliance with the following criteria:

            1.   Gross production floor area (excluding offices, restrooms, locker rooms, maintenance and storage areas of the facility) shall not exceed 50,000 square feet;

            2.   The number of production employees (excluding clerical, management, maintenance and other non-production employees) shall not exceed 300 per day for all shifts;

            3.   a.   No noticeable noise or offensive odor shall be emitted from the property.

               b.   The Board of Adjustment may require an applicant for a special exception use permit for a food processing facility to provide to the Board a written certification by a registered engineer that the equipment, processes, procedures and operating methods to be used in the facility incorporate the maximum achievable control technology (MACT) to accomplish the elimination or maximum achievable reduction of odor emissions from the facility.

            4.   No activities involving the processing or manufacture of sauerkraut, fish products, gelatin, meat by-products not for human consumption, vinegar, chemicals or yeast shall be permitted. The processing or manufacture of starch, dextrin, glucose, sugar or similar substances shall not be permitted, but these substances may be used in permitted processing or manufacturing;

            5.   No open or external storage shall be permitted; all food processing shall be accomplished within an enclosed facility;

            6.   No slaughtering, rendering, refining or distilling of animal, dairy or vegetable products shall be permitted, but animal, dairy or vegetable products may be otherwise processed and packaged; and

            7.   No food processing use shall be permitted within 300 feet of the boundary of any residential zoning district.

         (jj)   Artists’ school. A use providing education, training, internship or apprenticeship in the design, creation, distribution and marketing of objects of physical art. Such use may include artists’ studios, sales galleries and living quarters.

         (kk)   Micro-brewery, micro-winery or micro-distillery. A facility for the production, packaging and distribution of alcoholic beverages including, but not limited to, beers, ales, malt beverages, wines or spirituous liquors for retail or wholesale purposes, on- or off-premises, with a capacity of not more than 10,000 barrels per year. This definition shall also include, but not limited to, uses considered a brew-pub, craft brewery or taproom. For purposes of a micro-distillery, including, but not limited to, craft distillery or native distillery, such establishments shall be defined as not producing more than 100,000 proof gallons per year in accordance with the State Alcoholic Beverages Division. Such establishment may include other accessory uses such as a tasting room, restaurant, bar or live entertainment as otherwise permitted in the city code.

         (ll)   Brewery, winery or distillery. A place where beer, wine, liquors or other alcoholic beverages are commercially produced, distilled, packaged and distributed for primarily off-site consumption. Such commercial/industrial establishments or manufacturing facilities will have a capacity in excess of 10,000 barrels per year; or in the case of distilleries shall have a capacity in excess of 100,000 proof gallons per year in accordance with the State Alcoholic Beverages Division. Accessory uses such as a tasting room, gift shop, café or other ancillary uses may be included as part of the primary production related facilities.

         (mm)   Data center. Computer based businesses that focus on data storage, processing or distribution of data, including computer warehousing, telecommunications and computer repair.

         (nn)   Custom meat business. Custom animal slaughter and meat processing for direct retail sales to consumers in compliance with the following provisions:

            1.   Operation pursuant to a sanitary sewer pre-treatment agreement approved by the Department of Public Works providing for sanitary waste of acceptable strength and volume;

            2.   Operation in full compliance with all applicable federal and state laws and regulations;

            3.   All operations to be conducted within an enclosed structure. No external livestock pens. No open storage;

            4.   No noticeable noise, odor or air pollution shall be generated; and

            5.   No slaughter is permitted in the CBD Zoning District.

      (3)   General description of industrial use types. Industrial use types include the on-site extraction or production of goods by non-agricultural methods, and storage and distribution of products.

         (a)   Basic industry. A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes utilizing flammable or explosive materials, or storage or manufacturing processes which potentially involve hazardous or commonly recognized offensive conditions.

         (b)   Custom manufacturing. Activities involving the manufacture, assembly or processing of materials or products in compliance with the following criteria:

            1.   Gross production floor area (excluding offices, restrooms, locker rooms, maintenance areas and storage areas of the facility) shall not exceed 15,000 square feet;

            2.   The number of production employees (excluding clerical, management, maintenance and other non-production employees) shall not exceed 75 per enterprise per day for all shifts combined;

            3.   No sanitary waste of greater strength than normal domestic wastewater shall be produced;

            4.   No individual unit of mechanical equipment in excess of 100 horsepower shall be used in production;

            5.   No noticeable noise, odor or air pollution shall be generated;

            6.   No activities involving the processing of sauerkraut, fish products, gelatin, meat by-products not for human consumption, starch, dextrin, glucose, sugar, vinegar, chemicals or yeast shall be permitted;

            7.   No open or external storage shall be permitted; all custom manufacturing shall be accomplished in enclosed facilities;

            8.   No rendering, smoking, cooking, refining or distilling of animal, dairy or vegetable products shall be permitted; and

            9.   Not more than two custom manufacturing enterprises shall be permitted on one lot.

         (c)   Light manufacturing. A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing.

         (d)   Resource extraction. A use involving the on-site extraction of surface mineral products or natural resources. Typical extractive uses are quarries, borrow pits, sand and gravel operations, oil and gas extraction, and mining operations.

         (e)   Stockyards. Stockyard services involving the temporary keeping of livestock for slaughter, market or shipping. Typical uses include stockyards or animal sales and auction yards.

         (f)   Warehousing and distribution. Establishments or places of business primarily engaged in wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. The following are wholesaling, storage and distribution types.

            1.   Limited warehousing and distribution. Wholesaling, storage and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses or moving and storage firms.

            2.   General warehousing and distribution. Open air storage, distribution and handling of materials and equipment. Typical uses include monument or stone yards, grain elevators or open storage yards.

         (g)   Major food processing. Activities involving the processing of fowl as an edible product suitable for wholesale or retail sales in compliance with the following criteria.

            1.   The normal operation of the facility shall not generate objectionable noise or odor beyond the boundaries of the property on which the use is located. A proposed major food processing operation shall be considered a potential significant odor generator and shall be subject to the requirements of §§ 93.040 through 93.045.

            2.   No activities involving the processing or manufacture of sauerkraut, fish products, gelatin, vinegar, chemicals or yeast shall be permitted. The primary use shall not be rendering or production of inedible product. The processing or manufacture of starch, dextrin, glucose, sugar or similar substances shall not be permitted, but these substances may be used in permitted processing.

            3.   No open or external storage shall be permitted; all food processing shall be accomplished within an enclosed facility.

            4.   Before a zoning compliance permit for a major food processing use is issued, the applicant shall comply with all applicable provisions of Chapter 51, including pretreatment, flow and strength measurement, and an appropriate industrial agreement.

      (4)   General description of civic use types. Civic use types include the performance of utility, educational, recreational, cultural, medical, protective, governmental and other uses which are strongly vested with public or social importance.

         (a)   Administrative services. Offices, administrative, clerical or public contact services that deal directly with the citizens, together with incidental storage and maintenance of necessary vehicles. Typical uses include federal, state, county or municipal offices.

         (b)   Aviation facilities. Landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales and rental of aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security.

         (c)   Cemetery. Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

         (d)   Club or lodge. A use providing meeting, recreational or social facilities for a private or non-profit association, primarily for use by members and guests. Typical uses include private social clubs and fraternal organizations.

         (e)   College and university facilities. An educational institution of higher learning which offers course study designed to culminate in the issuance of a degree.

         (f)   Community recreation. A recreational facility for use by residents and guests of a particular residential development, planned unit development or limited residential neighborhood, including both indoor and outdoor facilities.

         (g)   Convalescent services. A use providing bed care and inpatient services for persons requiring regular medical attention, but excluding a facility providing surgical or emergency medical services, and excluding a facility providing care of alcoholism, drug addiction, mental disease or communicable disease.

         (h)   Cultural services. A library, museum, art gallery or similar non-profit use affording display, preservation and exhibition of objects of permanent interest in one or more of the arts and sciences.

         (i)   Daycare services (limited). A facility or use of a building or a portion thereof, for the care of six or fewer individuals, not including members of the family regularly residing at the facility. This term includes nursery schools, preschools, daycare centers for children or adults and similar uses.

         (j)   Daycare services (general). A facility, or use of a dwelling unit or portion thereof, for the care of seven or more individuals. This term includes nursery schools, preschools, daycare centers for children or adults and similar uses.

         (k)   Detention facilities. A publicly operated use providing housing and care for individuals confined by law.

         (l)   Guidance services. A use providing counseling, guidance, recuperative, vocational or similar services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction or similar condition, either on a residential or daytime care basis.

         (m)   Hospital services. A facility providing medical, psychiatric or surgical services for sick or injured persons primarily on an inpatient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration and services to patients, employees or visitors.

         (n)   Local utility services. Services which are necessary to support principal development and involve only minor structures such as lines, poles, transformers, control devices, meters, regulators, piping and junction boxes which are necessary to support principal development.

         (o)   Maintenance and service facilities. A facility supporting maintenance, repair, vehicular or equipment servicing, materials storage and similar activities, including corporation yards, equipment service centers and similar uses having characteristics of commercial services, or contracting or industrial activities.

         (p)   Major utility facilities. Generating plants, electrical switching facilities, primary substations, primary electric transmission lines, refuse collection or disposal facilities, water and wastewater treatment plants, and similar facilities of public agencies or public utility firms having potentially significant impact upon surrounding uses.

         (q)   Military installations. Military facilities of the federal or state governments.

         (r)   Park and recreation services. Publicly owned and operated parks, playgrounds, recreation areas or open spaces.

         (s)   Parking facility. An area on a lot or within a building, or both, including one or more parking spaces together with driveways, aisles, turning and maneuvering areas, clearance and similar features, and meeting the requirements established by this chapter. The term parking facility shall include parking lots, garages and parking structures.

         (t)   Postal facilities. Postal services, including post offices, bulk mail processing or sorting centers, operated by the United States Postal Service.

         (u)   Primary educational facilities. A public, private or parochial school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools in the state.

         (v)   Public assembly. Publicly owned and operated facilities for major public assembly, recreation, sports, amusement or entertainment, including civic or community auditoriums, sports stadiums, convention facilities, fairgrounds and exhibition facilities.

         (w)   Railroad facilities. Railroad yards, equipment servicing facilities and terminal facilities.

         (x)   Religious assembly. A use located in a permanent building and providing regular organized religious worship and religious education incidental thereto, but excluding primary or secondary educational facilities.

         (y)   Residential care services. A use, other than a hospital or convalescent facility, providing care for ambulatory persons in a residential environment, including overnight occupancy or care for extended periods of time.

         (z)   Safety services. Facilities for conduct of public safety and emergency services, including police and fire protection services and emergency medical and ambulance services.

         (aa)   Secondary educational facilities. A public, private or parochial school offering instruction at the junior and senior high school levels in the branches of learning and study required to be taught in the public schools of the state.

         (bb)   Transportation terminals. A facility for loading, unloading and interchange of passengers, baggage and incidental freight or package express between modes of transportation, including bus terminals, railroad depots, airport terminals and public transit facilities.

(Prior Code, § 9-2-2) (Ord. passed 10-11-1990; Ord. 407, passed 1-20-1992; Ord. 463, passed 8-21-1995; Ord. 489, passed 2-2-1998; Ord. 540, passed 12-18-2000; Ord. 544, passed 3-19-2001; Ord. 579, passed 1-6-2003; Ord. 583, passed 4-7-2003; Ord. 643, passed 1-16-2006; Ord. 655, passed 6-4-2007; Ord. 727, passed 8-15-2011; Ord. 756, passed 9-16-2013; Ord. 763, passed 5-5-2014; Ord. 764, passed 6-2-2014; Ord. 780, passed 4-6-2015; Ord. 853, passed 10-4-2019; Ord. 876, passed 1-17-2022; Ord. 880, passed 2-7-2022) Penalty, see § 155.999