Spencer City Zoning Code

   (A)   Purpose. The purpose of these provisions is to establish the relationship among principal and accessory uses and to establish provisions governing the conduct of accessory uses.

   (B)   Principal use includes accessory use. Principal uses specified as permitted uses or special exception uses for a district by the district regulations shall be deemed to include accessory uses and activities identified by these regulations and such other accessory uses that are necessary and customarily associated with and are appropriate, incidental and subordinate to such principal uses. Accessory uses shall be subject to the same regulations as apply to principal uses in each district, except as otherwise provided in these regulations.

   (C)   Gardens permitted. Home gardens and the growing of crops shall be an accessory use permitted in any district. However, gardening and the growing of crops shall be subject to the restrictions applicable to home occupations.

   (D)   Signs permitted. Signs shall be permitted in each district as an accessory use so long as they remain in conformance with the provisions of this chapter and other applicable ordinances and regulations adopted by the city.

   (E)   Accessory uses; residential use types. Residential use types shall include the following accessory uses, activities and structures:

      (1)   Private garages and storage consistent with residential use;

      (2)   Recreational activities and facilities for use by residents;

      (3)   Playhouses, patios, cabanas, porches, gazebos and incidental household storage buildings;

      (4)   Radio and television receiving antennas;

      (5)   Solar collectors;

      (6)   Keeping of dogs and cats or other pets and hobby animals as defined in § 90.10;

      (7)   Other necessary and customary uses determined by the Building and Zoning Officer to be appropriate, incidental and subordinate to the principal use; and

      (8)   Signs permitted under Chapter 153.

      (9)   Accessory Dwelling Units (ADU) are accessory residential structures permitted on a lot with a single family dwelling as the primary structure in the “B” multiple residential districts or, by special exception, in the “A” residential district.

         (a)   Accessory dwelling units may be established as part of a principal structure or as a detached structure. An ADU attached to the principal building shall meet principal building setbacks and bulk regulations.

         (b)   No mobile home, trailer, recreational vehicle, camper, tent or other temporary dwelling shall be permitted as an Accessory Dwelling Unit. All ADUs shall meet Spencer City Code building requirements.

         (c)   All Accessory Dwelling Units shall be connected to public water and sanitary sewer or approved private treatment systems. ADUs may be connected to the service lines of the principal dwelling.

         (d)   Detached ADUs are subject to the requirements of Section 155.027 (D) of this code.

         (e)   Only one (1) ADU is permitted on a residential lot.

         (f)   A lot on which an ADU is established shall not be reduced in area not subdivided. Ownership of an ADU may be transferred only with ownership of the principal structure.

   (F)   Accessory uses; commercial use types. Commercial use types shall include the following accessory uses, activities and structures:

      (1)   Any other commercial use type that is not listed as a permitted use in the same district, and complies with the following criteria:

         (a)   Is operated primarily for the convenience of employees, clients or customers of a principal use;

         (b)   Occupies less than 10% of the total floor area of the use; and

         (c)   Is located and operated as an integral part of the principal use and does not comprise a separate business or activity.

      (2)   In the CBD Central Business District only, one residential dwelling unit located on a floor above the main or ground floor shall be permitted as an accessory use to a primary commercial, civic or industrial use.

   (G)   Accessory uses; industrial use types. Industrial use types shall include the following accessory uses, activities and structures: any commercial use type or any other industrial use type that is not a permitted use in the same district, and complies with the following criteria:

      (1)   Is operated primarily for the convenience of employees, clients or customers of the principal use;

      (2)   Occupies less than 25% of the total floor area of the use; or

      (3)   Is located and operated as an integral part of the principal use and does not comprise a separate use or business activity.

   (H)   Accessory uses; civic use types. Civic use types shall include accessory uses and activities necessarily and customarily associated with the purpose and function of the civic use as a principal use, including, but not limited to, the following:

      (1)   Refreshment stands and food and beverage sales of a convenience nature located in uses involving public assembly;

      (2)   Cafeterias, dining halls and similar eating and beverage services operated incidental to principal uses and primarily for the convenience of employees, residents, clients, patients or visitors thereof; and

      (3)   Gift shops, newsstands and similar commercial activities operated incidental to principal uses and primarily for the convenience of employees, residents, clients, patients or visitors thereof.

(Prior Code, § 9-11-1) (Ord. passed 10-11-1990; Ord. 407, passed 1-20-1992; Ord. 496, passed 7-13-1998; Ord. 510, passed 1-18-1999; Ord. 918, passed 1-6-2025)

   (A)   Purpose. Provisions authorizing temporary uses are intended to permit occasional, temporary uses and activities when consistent with the purposes of the zoning regulations and when compatible with other nearby uses.

   (B)   Temporary use types. The following types of temporary uses may be authorized subject to specific limitations herein and such additional conditions as may be established by the Building and Zoning Officer:

      (1)   Contractor’s office, storage yard and equipment parking and servicing on the site of an active construction project;

      (2)   Religious, patriotic or historic assemblies, displays or exhibits;

      (3)   Circuses, carnivals, rodeos, fairs or similar transient amusement or recreational activities not closer than 200 feet from an existing dwelling;

      (4)   Outdoor art and craft shows and exhibits;

      (5)   Christmas tree sales lots;

      (6)   Mobile home residence for occupancy by supervisory or security personnel on the site of an active construction project;

      (7)   Outdoor special sales, including swap meets, flea markets, parking lot sales or similar activities, limited to locations in commercial or industrial districts, and when operated not more than three days in the same week or more than five days in the same month;

      (8)   Temporary use of mobile trailer units or similar portable structures for non-residential uses, located in districts where the use is a permitted use, and limited to a maximum period of six months;

      (9)   Seasonal retail sale of agricultural or horticultural products raised or produced off-premises, when located not closer than 200 feet to an existing dwelling;

      (10)   Additional temporary uses determined to be similar to the foregoing by the Building and Zoning Officer; and

      (11)   Temporary signs relating to temporary uses.

   (C)   Required conditions of temporary uses.

      (1)   Each site occupied by a temporary use shall be left free of debris, litter or other evidence of the temporary use upon completion or removal of the use.

      (2)   A temporary use conducted in a parking facility shall not occupy or remove from availability more than 25% of the spaces required for the permanent use.

      (3)   The Building and Zoning Officer may establish such additional conditions as he or she deems necessary to ensure land use compatibility and to minimize potential impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or enclosure, and guarantees for site restoration and cleanup following the temporary use.

   (D)   Determinations. The Building and Zoning Officer may authorize a temporary use only when, in his or her judgment, the following determinations can be made:

      (1)   The temporary use will not impair the normal, safe and effective operation of a permanent use on the same site;

      (2)   The temporary use will be compatible with nearby uses in the general vicinity; or

      (3)   The temporary use will not impact public health, safety or convenience, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct of uses and activities in the vicinity.

   (E)   Application and authorization.

      (1)   Application to conduct a temporary use shall be made to the Building and Zoning Officer, and shall include a site plan and description of the use, and such additional information as the Building and Zoning Officer may require to evaluate the use and to make the determination required by these provisions.

      (2)   Application shall be made at least ten days prior to the requested date for commencement of the temporary use, and the Building and Zoning Officer shall make a determination whether to approve, approve conditionally or to deny the temporary use within five days after the date of application.

      (3)   Authorization of a temporary use shall be by issuance of a zoning permit or a certificate of occupancy.

   (F)   Extension. Authorization for a temporary use may be renewed by the Building and Zoning Officer, upon request of the applicant; provided temporary use shall not be authorized or continued for a period of more than one year except upon a new application and authorizations.

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

   (A)   General parking area and surface requirements. All off-street parking areas as required in this section shall comply with the following minimum area and surface requirements.

      (1)   Size requirements. A parking space shall be not less than eight feet in width and not less than 19 feet in length.

      (2)   Surface requirements. Parking spaces shall be surfaced with Portland cement, concrete asphaltic concrete or equivalent hard surface, or two-inch thickness pit run one-inch screened gravel with 15% binder.

      (3)   Enclosed areas, garages. Enclosed parking areas or garages, if surfaced as required in division (A)(2) above shall qualify to meet the minimum parking space requirements under this section.

      (4)   Minimum requirements. Requirements as to number and size of parking spaces in this section are minimum requirements only and shall not be construed as limitations.

   (B)   Off-street parking requirements. Except in the CBD Zoning District, at the time of construction or enlargement of a structure or building, off-street parking spaces and loading areas shall be provided, constructed and maintained for all uses as follows:

      (1)   Single-family residential: two spaces;

      (2)   Duplex residential: three spaces;

      (3)   Multi-family residential: one and one-half spaces per dwelling unit.

      (4)   Mobile home residential: two spaces;

      (5)   Hotel/motel: one space per room;

      (6)   Hospital: one space for each two hospital beds;

      (7)   Places of public assembly (theaters, auditoriums and the like): one space for each six seats;

      (8)   Bowling alleys: three spaces per alley;

      (9)   Skating rinks/dance halls: one space for each 300 square feet of floor area;

      (10)   Retail sales and professional office: one space for each 500 square feet of gross floor area;

      (11)   Restaurants: one space for each four seats plus one space for each two employees;

      (12)   Taverns, bars and cocktail lounges: one space for each two seats;

      (13)   Primary educational facilities: one space per classroom or one space for every six seats in the largest facility for public assembly, whichever is the greater;

      (14)   Secondary educational facilities and colleges/universities: one space per ten students or one space for every six seats in the largest facility for public assembly, whichever is the greater;

      (15)   Manufacturing or industrial: one space for every two employees on the largest working shift; and

      (16)   Assisted elderly housing: four parking spaces or one-half space for each residential unit, whichever is greater.

   (C)   Off-street parking requirements in the CBD Zoning District. When new residential construction is accomplished in the CBD Zoning District, one and one-half off-street parking spaces shall be provided for each dwelling unit.

   (D)   Self-propelled and accessory vehicles. Effective July 1, 2019, parking of self-propelled vehicles and Class I accessory vehicles on single family, two-family and multi-family residential dwellings in the city shall be limited as follows.

      (1)   Surfaced. All parking areas and driveways shall meet the requirements of division (D)(2)(a) below and shall be surfaced as therein required.

      (2)   Requirements.

         (a)   On residential lots with a street frontage of less than 60 feet, no more than 50% of the front yard area shall be surfaced and used for drives and parking.

         (b)   On residential lots with a street frontage of 60 feet or more in width, not more than 40% of the front yard area shall be surfaced and used for drives and parking.

         (c)   On residential lots where two or more sides abut a public street, the allowable drive and parking areas for the narrower street frontage shall be determined as described in division (D)(2)(a) and (D)(2)(b) above. For the greater street frontage, the maximum area to be surfaced and used for drives and parking within that front yard is 25%.

         (d)   For purposes of this section, a FRONT YARD is defined as that area between the wall of the principal building and a lot line which abuts a public street and the extension of said building line to the lots lines.

      (3)   Exemptions. The provisions of this division (D) shall not apply during any snow event as described in § 71.07(A), nor during a period beginning two days before the county fair and ending two days after the fair.

      (4)   Permit for construction.

         (a)   Whenever any person shall desire to construct front yard parking surface improvements in compliance with this division (D), such person shall obtain from the Zoning Officer a permit for the proposed front yard parking construction.

         (b)   The fee for front yard parking surface improvements pursuant to this division (D)(4) shall be in an amount as determined from time to time by resolution of the City Council.

         (c)   The application for the permit required for this division (D) and the permit form shall be as created by the Planning Department. All such permits issued shall be valid until the subsequent November 15.

         (d)   If a permit under the provisions of § 95.017(C) is required and obtained and the permit fee paid in connection with a permit required under this division (D)(4), the permit fee under this division (D) shall be waived.

(Prior Code, § 9-11-3) (Ord. passed 10-11-1990; Ord. 497, passed 7-13-1998; Ord. 544, passed 3-19-2001; Ord. 766, passed 7-7-2014; Ord. 840, passed 12-3-2018; Ord. 843, passed 3-18-2019) Penalty, see § 155.999

   (A)   Intent.

      (1)   It is the intent of this chapter to permit legal non-conforming lots, structures or uses to continue until they are removed but not to encourage their survival.

      (2)   It is recognized that there exists within the districts established by this chapter and subsequent amendments, lots, structures and uses of land and structures which were lawful before this chapter was passed or amended which would be prohibited, regulated or restricted under the terms of this chapter and future amendments.

      (3)   Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

      (4)   Non-conforming uses of a structure, a non-conforming use of land or a non-conforming use of a structure and land in combination shall not be extended or enlarged after passage of this chapter by attachment on any building or premises of additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would not be permitted generally in the district involved.

      (5)   To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of existing buildings has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction; providing that work shall be diligently carried on until completion of the building involved.

   (B)   Non-conforming uses of land. Where at the effective date of adoption or amendment of this chapter, a lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended such use may be continued, so long as it remains otherwise lawful, subject to the following provisions.

      (1)   No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.

      (2)   No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.

      (3)   If such non-conforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

   (C)   Non-conforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.

      (1)   No such structure may be enlarged or altered in a way which increases its non- conformity. Such structures may be enlarged or altered in a way which does not increase its non-conformity.

      (2)   Should such structure be destroyed by any means to an extent of more than 50% of its 100% valuation, it shall be repaired or reconstructed only in conformity with the provisions of this chapter.

      (3)   Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

   (D)   Non-conforming uses of structures and land. Where a lawful use of a structure, or of a structure and land in combination exists at the effective date of adoption or amendment of this chapter that would not be permitted in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.

      (1)   No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

      (2)   Any non-conforming use may be extended throughout any parts of a building which was manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

      (3)   If no structural alterations are made, any non-conforming use of structure, or structure and land in combination, may be changed to another non-conforming use of the same or a more restricted classification provided that the Board of Adjustment by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Board of Adjustment may require conditions and safeguards in accord with the purpose and intent of this chapter. Where such non-conforming use of a structure, land or structure and land in combination is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.

      (4)   Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the non-conforming use may not thereafter be resumed.

      (5)   When a non-conforming use of a structure, or structure and land in combination, is discontinued or ceased to exist for a period of more than 90 days, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

      (6)   Where non-conforming use status applied to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.

   (E)   Repairs and maintenance. 

      (1)   On any building devoted in whole or in part to any non-conforming use, work may be done in any period of 12 months on ordinary repairs, or on repairs or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding 50% of the 100% valuation of the building; provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.

      (2)   Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety upon orders of such official.

   (F)   Change of tenancy or ownership. There may be a change of tenancy, ownership or management of any existing non-conforming use of land, of structures or of structures and land in combination. However, industrial uses located in residential zones may not be allowed to continue after a change in ownership.

   (G)   Alteration, extension or reconstruction. All other provisions of this chapter notwithstanding, any residential structure, including single-family residential, two-family residential, duplex residential, group residential and multi-family residential, which is a non-conforming use by virtue of its location in a zoning district in which such a use is not permitted, may be altered, extended or reconstructed as follows.

      (1)   Such non-conforming residential structures may be altered, extended or reconstructed to the extent such alteration, extension or reconstruction would be permitted under this chapter if the structure were located in the A Residential District established under the zoning ordinance.

      (2)   This division (G) shall not authorize the change of the use of the structure to any non-conforming use other than residential, nor to authorize the expansion of the non-conforming use, except as such expansion would be permitted if the structure were located in the A Residential District. (Prior Code, § 9-11-4) (Ord. passed 10-11-1990; Ord. 430, passed 11-2-1992) Penalty, see § 155.999

   (A)   Any land annexed to the city after the effective date of this chapter shall automatically assume the city zoning district classification which corresponds to the county zoning classification which applied prior to the annexation; except that annexed land which had been zoned agricultural by the county shall be automatically zoned A Residential upon annexation.

   (B)   Any land annexed by the city which has not been zoned by the county shall automatically be zoned A Residential.

(Prior Code, § 9-11-5) (Ord. passed 10-11-1990)

   (A)   All municipal, county and state agencies, subdivisions or governmental units must comply with all of the zoning regulations of the city as set forth in this code. All such agencies, governmental units and subdivisions thereof must follow the same procedures in applying for any building permit, variance or any other request where the zoning laws of the city are applicable.

   (B)   The foregoing provisions of this section notwithstanding, the placement, construction or operation of major utility facilities, as defined in § 155.008(D)(16), by the city or the municipal utilities shall be exempt from the provisions of this chapter. This exemption shall apply only to major utility facilities owned by the city or controlled and operated by the municipal utilities.

(Prior Code, § 9-11-6) (Ord. passed 10-11-1990; Ord. 491, passed 3-2-1998)

   (A)   General regulations.

      (1)   No accessory vehicles shall be parked or stored within any required front yard setback or closer than two feet to a side or rear lot line on property used for residential purposes, except as specifically provided in divisions (B) and (C) below.

      (2)   Accessory vehicles that are parked or stored in an enclosed structure are exempt from the provisions of this section.

      (3)   No more than two accessory vehicles may be parked or stored on premises used for residential purposes. An accessory vehicle or vehicles on a trailer shall be considered one vehicle. Two snowmobiles shall be excluded in determining the number of vehicles.

      (4)   All accessory vehicles parked or stored on premises used for residential purposes shall be kept in good repair and in good working condition with current license plate or registration sticker affixed.

      (5)   No portion of any parked or stored accessory vehicle shall extend or protrude beyond the front property line.

      (6)   Accessory vehicles shall not be used for continuing human occupancy, except in a mobile home court or a campground.

   (B)   Class I accessory vehicles.

      (1)   One Class I accessory vehicle may be parked or stored in a front yard setback.

      (2)   No snowmobiles shall be parked or stored in a front yard setback during the period from April 15 to October 15.

      (3)   No watercraft or golf cart shall be stored in a front yard setback during the period from November 15 to March 15.

   (C)   Class II accessory vehicles.

      (1)   One Class II accessory vehicle may be parked in a front yard setback area not more than two days in a seven-day period; and, additionally, may be parked in a front yard setback area for up to seven consecutive days not more than three times during a calendar year.

      (2)   Class II accessory vehicles may not be parked or stored in a front yard setback area during the period from January 1 to March 15 in any year.

      (3)   If parked in a front yard setback, a Class II accessory vehicle must be parked on a paved or graveled driveway, or its extension, while maintaining a minimum side yard setback of two feet.

      (4)   A Class II accessory vehicle parked or stored in a front yard setback shall be perpendicular to the front property line.

      (5)   A Class II accessory vehicle parked or stored on property used for residential purposes must be the property of the owner or tenant of the premises, except that one additional accessory vehicle not the property of the owner or tenant of the premises may be stored in the rear yard and one non-owned Class II accessory vehicle may be parked pursuant to the provisions of division (C)(1) above, so long as no consideration is paid or received for the storage. The maximum number of accessory vehicles which may be parked or stored on premises used for residential purposes is two with the addition of one temporary Class II accessory vehicle parked pursuant to division (C)(1) above.

   (D)   Class II accessory vehicles; exceptions. A property owner or tenant may apply to the Zoning Officer for permission to park or store a Class II accessory vehicle in a front yard setback for additional periods, and the Zoning Officer may grant such permission under the following conditions:

      (1)   The Zoning Officer determines that the rear yard cannot be reasonably accessed from a street or alley or used due to the location of the principal structure, accessory structures, trees or setback limitations constructed, existing or adopted prior to the effective date of this section;

      (2)   The requested storage will not unreasonably interfere with the use and enjoyment of the other residential properties in the area;

      (3)   There must be maintained on the property at least one off-street parking space, as required under § 155.022, in addition to the area where the accessory vehicle is parked;

      (4)   The Zoning Officer may waive the requirement that a Class II accessory vehicle be parked perpendicular to the front property line on corner lots; and

      (5)   (a)   The Zoning Officer may not waive the prohibition of division (C)(2) above.

         (b)   Any person denied permission by the Zoning Officer to park or store an accessory vehicle in the front yard setback area and any person who objects to the grant of permission to park or store an accessory vehicle in the front yard setback area may file an administrative appeal of the Zoning Officer’s decision to the Board of Adjustment. A person who objects to the grant of permission to park or store an accessory vehicle in the front yard setback area may file an administrative appeal at any time. The 15-day requirement set forth in §§ 155.295 through 155.302 shall not apply to such an appeal.

(Prior Code, § 9-11-7) (Ord. passed 10-11-1990; Ord. 581, passed 2-17-2003; Ord. 589, passed 9-2-2003; Ord. 839, passed 12-3-2018) Penalty, see § 155.999

   (A)   Purpose. These provisions apply to specific use classifications in addition to regulations established by the district regulations. In the event of any conflict in provisions, the more restrictive provision shall apply unless specifically indicated to the contrary.

   (B)   Zero lot line development (townhouse and duplex regulations).

      (1)   Purpose and intent. The purpose of this section is to allow for the development of single-family, duplex or multi-lot townhouse dwellings on property with design standards prescribed to allow for zero side lot line setbacks. This concept is intended to provide more usable yard area and provide development flexibility relating only to side yard setbacks. Any zero lot line development approval under this section shall be restricted to development as prescribed herein.

      (2)   Firewall regulations. Any zero side lot line development, including, but not limited to, townhouse or duplex common walls, shall comply with the firewall regulations of the International Building Code pertaining to any joint building wall located at the common property line.

      (3)   Zero lot line development in new subdivisions. Zero lot line side yards allowing for the placement of a building or structure on a side property line may be approved at the time of preliminary plat or amendment, or any manufactured home park approval or amendment. On such zero lot line developments, the minimum required front and rear yard setback requirements shall be maintained; and the side yard opposite of the zero lot line side shall maintain setback requirements as identified in this chapter. Minimum lot width and area requirements for newly platted parcels shall be limited to:

 

 

      (4)   Zero lot line development in existing subdivisions.

         (a)   Owners of a single tract or parcel wishing to split the property for purposes of a zero lot line development may do so, subject to the requirements of this division (B)(4)(a). Minimum lot width and area requirements for parcels and lots within existing subdivisions shall be limited to:

 

 

         (b)   If lot width or area requirements cannot be accommodated, such zero lot line development may be granted special exception status by the Zoning Board of Adjustment.

      (5)   Zero lot line development for single-family or duplex residential. Zero lot line development for single-family or duplex residential may only have one common property line. Zero lot line for multiple-family residential, townhouse developments or commercial properties may be a series of lots in a row upon which each parcel has zero lot line on each side in order to accommodate multiple building units in a row. In any case, the end unit in any proposed development shall have the minimum required side yard. In the case of a corner lot, the end unit in a zero lot line development shall have a side yard setback the same distance as the front yard setback for the zoning district in which the property is located. Any lot divided for zero lot line development shall maintain a minimum of 25 feet in width and 2,500 square feet in lot size.

      (6)   Utilities. When zero lot line development is approved for any development, each portion of a property, parcel or tract effectively split by the zero lot line shall be provided with a separate water meter, water shut- off, electric meter, gas meter (if applicable), sewer main or septic system (as applicable) wholly contained on the lot and dedicated to serve each individual dwelling or building.

      (7)   Maintenance agreement. For any building sharing a zero lot line, a duplex agreement, party wall agreement or construction maintenance agreement shall be prepared and filed with the city between the owners of the zero lot line lots. Such agreement shall be recorded in the County Recorder’s office. The purpose of such agreement is to identify responsibilities and access for construction, maintenance and repairs of the dwellings or buildings located and sharing the zero lot line.

   (C)   Home occupations. 

      (1)   An accessory use conducted entirely within a dwelling unit, which is clearly incidental to the use of the structure for residential purposes and does not change the residential character of the site.

      (2)   Home occupations accessory to the residential use shall be subject to the following limitations:

         (a)   The residential character of the building must be maintained;

         (b)   Only one unrelated person living outside the residence and members of the immediate family may be employed in the home occupation;

         (c)   The use must be conducted as a secondary use and in such a manner as not to give an outward appearance nor manifest any characteristics of a business in the ordinary meaning of the term. The occupation must be conducted entirely within the dwelling which is a bona fide residence of the practitioners, or within an attached garage;

         (d)   The use must not infringe upon the right of neighboring residents to enjoy peaceful and healthy occupancy of their home for which purpose the residential district was created and primarily intended;

         (e)   The occupation shall not produce external noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference or waste runoff outside the dwelling unit or on the property surrounding the dwelling unit;

         (f)   Has no exterior display, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building;

         (g)   May have no more than one, flush mounted, non-illuminated sign not exceeding six square feet;

         (h)   The home occupation shall not generate customer related vehicular traffic substantially in excess of the normal anticipated residential traffic;

         (i)   No more than 25% of the total floor area of the principal building may be utilized by the home occupation. However, this regulation shall not apply to daycare services;

         (j)   No equipment or materials associated with the home occupation shall be displayed or stored where visible from anywhere off the premises;

         (k)   Music lessons, when operated as a home occupation shall be limited to two students at any one time. Dance lessons, when operated as a home occupation shall be limited to no more than four students at any one time; and

         (l)   Nothing herein shall be construed to allow the following businesses or occupations as home occupations: animal hospitals, animal breeding, clinics, hospitals, contractor’s yards, junkyards, restaurants, rental outlets, vehicle repair shops or massage parlors. However, a massage therapist licensed pursuant to the provisions of Iowa Code Chapter 152C shall be permitted to engage in the practice of massage therapy as a home occupation, subject to the general home occupation regulations. Daycare for more than six children shall not be allowed as a home occupation. Children regularly residing in the home shall not be counted in computing this limitation.

   (D)   Accessory structure regulations. Accessory structures in the A and B Zoning Districts and on property used for residential purposes in the C-1 Zoning District are subject to the following limitations.

      (1)   Size and number.

         (a)   On lots of less than 12,000 square feet in the A and B Residential Zoning Districts, there shall be no more than two separate accessory buildings. The total floor area of both accessory buildings, combined, shall not exceed 800 square feet.

         (b)   On lots of 12,000 square feet or more, but not exceeding 25,000 square feet which are used for residential purposes and are located in the A, B, B-1 and C-1 Zoning Districts established under this chapter, there shall be no more than two separate accessory buildings. The total floor area of both accessory buildings, combined, shall not exceed 2,500 square feet.

         (c)   On all lots used for residential purposes in the A, B, B-1 and C-1 Zoning Districts, accessory buildings shall, in no event, occupy more than 10% of the lot area or a building area of 800 square feet, whichever is greater.

         (d)   The foregoing provisions notwithstanding, on residential lots in the B and C-1 Zoning Districts, there may be constructed not more than two accessory buildings of sufficient area to provide one vehicle storage space for each dwelling unit and one additional space of the same size for general storage.

         (e)   On lots not included in the A or B Residential Zoning District, and not used for residential purposes, accessory structures are permitted subject to the development regulations applicable in the zoning district.

         (f)   Lots used for residential purposes in the A, B, B-1 and C-1 Zoning Districts that contain more than 25,000 square feet of area may have up to three detached accessory buildings with a maximum combined floor area of 5,000 square feet.

      (2)   Height. Accessory structures in the A, B, B-1 and C-1 Zoning Districts used for residential purposes are limited to a height of 20 feet, except that in the case of a lot greater than 25,000 square feet in area, accessory buildings may be constructed to a height of 25 feet. If an accessory building is of a height of greater than 20 feet, the minimum setback requirements are 15 feet from an interior side lot line; 15 feet from a rear lot line; and 25 feet from a front lot line.

      (3)   Site development regulations. The location of an accessory structure is subject to the setback requirements of the zoning district in which the accessory structure is located, except:

         (a)   In the A, B and C-1 Zoning Districts, accessory buildings may be located within six feet of the rear lot line;

         (b)   On originally platted lots with a street frontage of 50 feet or less, accessory buildings may be placed no less than two feet from the side and rear lot lines. On such lots, the two- foot setback shall be measured from that portion of the accessory building closest to the lot line, including roof overhangs, eaves, gutters or other features that project beyond the building wall; and

         (c)   Satellite dishes and fuel storage tanks are permitted accessory structures only in the rear yard and only when located at least six feet from any property line.

      (4)   Solar collector regulations. Solar collectors for the purpose of generating light, heat or electrical energy are permitted as residential and commercial accessory structures, subject to the height and site development regulations in divisions (D)(2) and (D)(3) above. Solar collectors shall not be placed within any front yard setback area. The 20-foot maximum height limitation does not apply to solar collectors mounted upon a conforming building or structure, so long as the highest point of the solar collector does not exceed ten feet above the highest point of the building or structure. Solar collectors shall not be constructed, nor operated, so as to cause glare to be reflected on any existing residential structure, except that of the owner of the collector. Solar collectors shall not be considered accessory buildings subject to the limitation of division (D)(1) above.

      (5)   Outdoor wood furnaces. Outdoor wood furnaces, also known as outdoor wood boilers or hydronic heaters, are permitted as residential accessory uses, subject to the following regulations:

         (a)   Outdoor wood furnaces shall be located in the rear yard only, at least 50 feet from any property line;

         (b)   Each outdoor wood furnace shall be equipped with a chimney as specified by the manufacturer, which shall extend at least two feet above the peak of any residence located within 300 feet of such outdoor wood furnace; and

         (c)   Fuel burned in any outdoor wood furnace shall be only natural wood, wood pellets, corn products, biomass pellets or other listed fuel specifically listed by the manufacturer’s instructions. The following fuels are strictly prohibited:

            1.   Newspaper, cardboard or any other paper with ink or dye products;

            2.   Plastic;

            3.   Rubber;

            4.   Rubbish or garbage; and

            5.   Wood that has been painted, varnished or coated with similar material, or has been pressure treated with preservatives and contains resins or glues.

(Prior Code, § 9-11-8) (Ord. passed 10-11-1990; Ord. 407, passed 1-20-1992; Ord. 421, passed 8-17-1992; Ord. 516, passed 6-7-1999; Ord. 528, passed 4-3-2000; Ord. 718, passed 6-20-2011; Ord. 719, passed 6-20-2011; Ord. 747, passed 5-6-2013; Ord. 851, passed 10-7-2019) Penalty, see § 155.999

   Stacks of wood to be used in wood burning stoves or fireplaces are permitted in the rear or side yard only, and must be located no closer than six feet from the nearest property line. Composting piles must also be located only in a rear or side yard and may not be closer than six feet from a property line.

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

   The growing of ivy, vines, vegetable gardens, flower gardens, grasses and other similar perennial and annuals as determined by the Building and Zoning Officer shall be permitted within the required yards in each of the zoning districts.

(Prior Code, § 9-11-10)

   All structures intended for residential occupancy placed, erected, assembled or constructed in the city after the effective date of this section shall meet and comply with the following minimum requirements.

   (A)   Structure size. Each such structure shall have a main body with a minimum exterior dimension of at least 22 feet measured from outside of the exterior walls.

   (B)   Minimum floor area. A minimum floor area of not less than 800 square feet. (In order to comply with the provisions of division (A) above and this division (B), the minimum exterior dimensions of a residential structure shall not be less than 22 feet by 36.5 feet. A structure may include porches, sunrooms, garages and wings of lesser dimensions and area, so long as the main body meets the minimum requirements.)

   (C)   Foundation.

      (1)   All residential structures shall have a continuous and complete frost protected perimeter foundation, except that a perimeter foundation shall not be required for a manufactured home if a perimeter foundation is incompatible with the structural design of the manufactured home structure. For such a manufactured home, a permanent foundation may be a pier footing foundation system designed and constructed to be compatible with the structure and the conditions of the site.

      (2)   Foundation materials may be masonry, poured concrete, wood or metal and must extend below the normal frost line. The structure must be permanently attached to the foundation.

   (D)   Exterior wall and roof material.

      (1)   References in this division (D) to the International Residential Code refer to the version of the International Residential Code published by the International Code Council as incorporated in the State Building Code pursuant to Iowa Code Chapter 103A.

      (2)   (a)   Exterior wall cladding shall create a water and wind resistant, durable finish that is firmly anchored to the substrate.

         (b)   Guidance for anchorage and resistance to the elements may be found in the International Residential Code § R703 Exterior Coverings.

      (3)   Exterior roof classing shall provide durable weather protection to the interior of the structure that is firmly attached to the building frame.

         (a)   Guidance for weather protection may be found in the International Residential Code § R903.

         (b)   Guidance for materials may be found in the International Residential Code § R904.

         (c)   Guidance for roof covering including decking, flashings, underlayment, and attachment may be found in International Residential Code § 905.

         (d)   Guidance for re-roofing projects may be found in International Residential Code § 908.

      (4)   Wall cladding and roofing materials shall be comprised of customarily used and recognized residential materials that provide curable resistance to weather. Determination of material acceptability shall be made by the Building Official. Criteria may include warranty and technical information.

      (5)   Materials customarily used in agricultural or industrial settings are prohibited as exterior wall and roof material.

      (6)   Temporary wall or roof coverings installed during construction activities are allowed only during periods of construction or demolition and shall be removed entirely upon completion of the construction or demolition work.

   (E)   Ceiling height. A minimum finished ceiling height of not less than seven and one-half feet.

   (F)   Entrance and exit doors. Not less than two functional entrance and exit doors.

(Prior Code, § 9-11-11) (Ord. 408, passed 1-20-1992; Ord. 461, passed 6-5-1995; Ord. 821, passed 8-21-2017; Ord. 863, passed 1-18-2021)

   (A)   Access for disabled persons. Notwithstanding the limitations in this chapter establishing front, rear and side yard setbacks, and the restrictions contained in the definitions of yard, front, yard, rear and yard, side, access structures for persons with disabilities may be constructed and placed in front, rear or side yard setback areas pursuant to the provisions of this section.

   (B)   Single-family and two-family residential structures. Access structures for persons with disabilities to serve a single-family or two-family residential structure may include a platform with dimensions of not less than 36 inches by 36 inches or greater than 60 inches by 60 inches and may include a ramp at least 36 inches but not greater than 42 inches in width (narrowest dimension) and of a slope not greater than a ratio of one to 12 and may incorporate handrails or other supports or assistive devices for persons with disabilities.

   (C)   Other structures. An access for persons with disabilities to serve a structure, other than those described in division (A) above, shall comply with the current applicable standards of the State Building Code.

   (D)   Access requirements. Accesses for persons with disabilities as permitted under this section shall not be enclosed, nor shall they be covered with a roof, canopy or similar structure.

   (E)   Exemptions to provisions. The provisions of this section shall not apply to structures other than a single-family or two-family residential structure for which a building permit is issued after the effective date hereof. Such new structures shall provide for necessary or appropriate access for persons with disabilities without encroaching in any setback.

(Prior Code, § 9-11-12) (Ord. 444, passed 5-17-1993; Ord. 555, passed 9-4-2001)

   (A)   No person shall cause or permit the establishment of any sexually-oriented business within 500 feet from any other such business, any school, church, public park, public playground, public plaza, day nursery, daycare facility, nursery school, nursing home, residence or the boundary of any zoning district created under this code.

   (B)   The establishment of a sexually-oriented business shall include the opening of such business as a new business, the relocation of such business or the conversion of an existing business location.

   (C)   All building openings, entries and windows and similar facilities shall be constructed, located, covered or screened in such a manner as to prevent a view into the interior of a building in which a sexually-oriented business is conducted from any sidewalk, walkway, trail, street or other public area.

(Prior Code, § 9-11-13) (Ord. 540, passed 12-18-2000) Penalty, see § 155.999

   In the case of a corner lot with frontage on two or more public streets, each yard abutting a public street shall have the same setback requirements as a front yard. However, the foregoing requirement notwithstanding, the building line of an originally platted lot 50 feet or less in its narrowest dimension shall not be reduced to less than 24 feet. (For example, if an originally platted lot has a narrowest dimension of 46 feet and a six-foot interior side lot setback is required, the street side setback shall be 16 feet, leaving a building line area of 24 feet in width.)

(Prior Code, § 9-11-14) (Ord. 722, passed 7-18-2011)

   (A)   Each micro-brewery, micro-winery or micro-distillery shall produce and sell alcoholic beverages in accordance with the laws and regulations of the State Alcoholic Beverages Division and shall maintain current licenses and registrations with said agency; as well as the appropriate liquor license with the city for those establishments selling alcoholic beverages.

   (B)   No outdoor storage yards shall be permitted within the CBD Central Business District or R Riverfront Zoning Districts.

   (C)   No drive-through lane or facilities are permitted.

   (D)   All activities, production, storage, packaging or distribution for any micro-brewery, micro-winery or micro-distillery shall be wholly and completely included within an enclosed building (excluding chillers or refrigeration equipment). Such establishments may apply to the city for an outdoor dining permit, but only for the sale and consumption of food and beverages on-site for the consumer.

   (E)   The emission of odors, excessive noise or other external negative effects upon the neighboring properties or to the public, deemed a nuisance by the city shall be prohibited. Establishments participating in outdoor service or sidewalk café dining shall be subject to the noise regulations according to § 112.14 

   (F)   Off-street parking shall be provided for any micro-brewery, micro-winery or micro-distillery at one off-street parking space for every four seats intended for the consumer, plus one space for every two employees. Such establishments located within the CBD District shall be exempt from the off-street parking requirements.

   (G)   Any micro-brewery, micro-winery or micro-distillery establishment providing for off-street parking for customers shall have directional lighting that is intended to light the parking area, but be directed away from neighboring property owners.

   (H)   Any micro-brewery, micro-winery or micro-distillery establishment which is located adjacent to a residential use property may be required to install a fence, barrier or other natural screening from such less intensive use, upon review of the site plan and permitting process.

   (I)   If any facility is found to be in violation of these provisions, the owner or operator shall be given written notice of violation in accordance with the city code and a reasonable length of time to correct the violation. Failure to correct the stated violation shall be subject to the penalty provisions of this chapter and result in a municipal infraction with applicable fines.

(Prior Code, § 9-11-15) (Ord. 853, passed 10-4-2019) Penalty, see § 155.999