Sections
166.07 through
166.20 are subject to the following provisions, regulations or exceptions, and they shall apply equally to all districts except as hereinafter provided:
1. Visibility at Intersection. On a corner lot in any district except the C-2 Central Business District, no fence, wall, hedge or other planting or structure that will obstruct vision between a height of two feet and ten feet above the centerline grades of the intersection streets shall be erected, placed, or maintained within the triangular area formed by connecting the right-of-way lines at points that are 25 feet distant from the intersection of the right-of-way lines and measured along the right-of-way lines.
2. Accessory Buildings. No accessory building shall be erected in any front or side yard, and no separate accessory building shall be erected within five feet of any main building or any property line, except as set forth herein. The Board of Adjustment may allow the placement of an accessory building no closer than three feet from a property line, as a special exception in accordance with the provisions of Section
168.13, subsection 2, of this Zoning Code. No separate accessory building may occupy more than 30 percent of a required rear yard or exceed 12 feet in height. The provisions of the Zoning Code shall not apply to a small utility building which meets all of the following specifications:
A. The building must be readily moveable, and not be permanently attached to the ground.
B. The building must be less than seven feet six inches in height to the highest point on the roof line.
C. The building must confine an area of less than 100 square feet.
D. The building shall not be located in any required front yard.
3. More Than One Principal Structure on a Lot. In any district other than the R-1 District, the R-1b District and the R-2 District, more than one principal structure housing a permitted principal use may be erected on a single lot provided that the area, yard, and other requirements of the Zoning Code shall be met for each structure as though it were on an individual lot.
4. Height Regulation Exception. The height limitations contained in the Schedules of District Regulations do not apply to spires, belfries, cupolas, chimneys, antennas, water tanks, ventilators, elevator housings, solar collectors, or other structures placed above the roof level and not intended for human occupancy.
5. Use of Public Right-of-Way. No portion of the public road, street or alley right-of-way shall be used or occupied by an abutting use of land or structure for storage or display purposes or to provide any parking or loading space required by this Zoning Code, or for any other purpose that would obstruct the use of maintenance of the public right-of-way.
6. Proposed Use Not Covered in this Zoning Code. Any proposed use not covered in this Zoning Code as a permitted use or special exception shall be referred to the Commission for a recommendation as to the proper district in which such use should be permitted and the Zoning Code amended as provided in Section
168.17 before a permit is issued for such proposed use.
7. Buildings to Have Access. Every building hereafter erected or structurally altered shall be on a lot or parcel having a frontage on a public street or road.
8. Mobile Home or Trailers. Mobile homes occupied as a permanent or temporary place of residence shall be located only in an approved mobile home park or mobile home subdivision, and occupied travel trailers and camping trailers shall be located only in an approved tourist or trailer campground.
9. Fences. Fences shall not exceed four feet in height in any required front yard or exceed six feet in height in any required side or rear yard, subject to the further restriction of subsection 166.21(1) above.
10. Loading. All businesses except those in a C-2 District shall provide adequate off-street loading or all vehicles so that no public thoroughfare will be blocked at any time.
11. Attached Dwellings in Residential Zones. For the purposes of this Zoning Code, one-family semi-attached dwellings shall be considered the same as dwelling units which are part of two-family dwellings and multi-family dwellings. One-family attached dwellings shall be permitted in any zone in which two-family dwellings or multi-family dwellings are allowed; provided, the total number of dwelling units per structure shall not exceed the number of dwelling units per structure allowed in the zoning district. For one-family attached dwellings, minimum lot area, lot width, side yard width, front yard depth, and rear yard depth requirements shall not apply to individual attached dwelling units; provided, any structure containing two or more one-family attached dwellings shall comply with the minimum lot area, lot width, side yard width, front yard depth, and rear yard depth requirements, as a whole, as if the structure and individual lots were a two-family or multi-family dwelling on a single lot. For one-family attached dwellings, off-street parking requirements shall be the same as if the structure in which the dwelling units are located were a two-family or a multi-family dwelling.
12. Location of Accessory Structures. Accessory structures that are not designed or used for the storage of property or the occupancy of persons, including but not limited to installation such as radio towers, antennas, or electronic signal receiving or sending devices, may be located in a front yard or a side yard, or within five feet of a principal structure or a property line, by special exception granted by the Board of Adjustment in accordance with the provisions of Section
168.13, subsection 2. Ground based solar panels and wind turbines are prohibited in R1 and R2 zoned districts. Requests for ground based solar panels or wind turbines in any other zoning district requires a special exception from the Board of Adjustment. Solar energy collection devices or panels are allowed on roofs in any zoning district with the approval of the zoning administrator.
(Ord. 334 – Sep. 23 Supp.)
13. Off-Street Loading Spaces Required. In any district in connection with every building or part thereof hereafter erected, having a gross floor area of 10,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods, display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building at least one off-street loading space plus one additional such loading space for each 20,000 square feet or major fraction thereof of gross floor area so used in excess of 10,000 square feet. Each loading space shall not be less than 12 feet in width and 40 feet in length. Such space may occupy all or any part of any required yard or open space, except where adjoining an “R” District, it shall be set back at least 20 feet and effectively screen planted.
14. Off-Street Parking Area Required.
A. In all districts, in connection with every industrial, commercial business, trade, institutional, recreational, or dwelling use, and similar uses, spaces for parking and storage of vehicles shall be provided in accordance with the following schedule. Required off-street parking facilities shall be primarily for the parking of private passenger automobiles of occupants, patrons or employees of the principal use served.
(1) Agricultural uses: for each person employed on the premises plus one space for each vehicle used by the farm or business.
(2) Animal hospital or kennel: one space for every 200 square feet of sales, service of office floor area.
(3) Pharmacy: one space for every 75 square feet of floor area.
(4) Automobile and truck display, sales, repair and storage: one space for each employee plus one space for each vehicle used by the industry.
(5) Automobile paint and body shops: one space for each employee plus one space for each vehicle used by the industry.
(6) Automotive display, sales, service and repair: one space for every 300 square feet of sales, service or office floor area
(7) Boats, motors, travel trailers and mobile home display sales, service and repair: one space for every 100 square feet of sales, service, and floor area.
(8) Bowling alley: four spaces per lane or alley.
(9) Bus terminal: six spaces plus one off-street loading space for each bus serving the terminal.
(10) Cemetery or mausoleum: ten spaces plus one space per acre.
(11) Churches and other places of worship: one space for every five seats in the main auditorium.
(12) Community meeting or recreation building: one space for every 250 square feet of floor area.
(13) Contractor’s storage yard: one space for every 200 square feet of sales, service of office floor area.
(14) Dance hall and skating rink: one space for every 100 square feet of floor area.
(15) Drive-in bank: four spaces per teller window.
(16) Drive-in eating and drinking establishment: five spaces for every 100 square feet of floor area.
(17) Dry cleaners or laundry: one space for every 300 square feet of sales, service or office floor area.
(18) Dwelling unit above a store or shop: one space per unit.
(19) Elementary or secondary schools: one space per classroom and office space plus one space for every six seats in the main auditorium or stadium.
(20) Farm implement display, sales, service and repair: one space for each employee plus one space for each vehicle used by the industry.
(21) Funeral home/mortuary: one space for every five seats in the main auditorium.
(22) Golf courses and country clubs except miniature courses or driving ranges operated for a profit: three spaces per green or one space for every 100 square feet of club house floor area, whichever is greater.
(23) Grain elevator and feed mill: one space for each employee plus one space for each vehicle used by the industry.
(24) Grain storage bins: one space for each employee plus one space for each vehicle used by the industry.
(25) Greenhouse and plant nursery: one space for every 100 square feet of floor area.
(26) Laboratories, medical and dental: three parking spaces plus one additional parking space for each 400 square feet of floor area over 1,000.
(27) Lumber yard and building material sales and storage: one space for each employee plus one space for each vehicle used by the industry.
(28) Manufacturing and processing uses that are contained within a building and have no exterior storage, create no offensive noise, dust, odor, vibration or create electrical interference: one space for every two employees plus one space for each vehicle used by the industry.
(29) Medical physician’s, optometrist’s or dentist’s office: three parking spaces plus one additional parking space for every 400 square feet of floor area over 1,000.
(30) Miniature golf courses and driving ranges: ten spaces plus one space for each employee.
(31) Motel, hotel or tourist campground: one space per unit.
(32) Multi-family dwellings with not more than 16 dwelling units: one and one-half spaces for each dwelling unit in a multi-family dwelling with four or more dwelling units.
(33) Nursing home and convalescent home: one space for every three beds plus one space for every three employees.
(34) Parks, playgrounds or playfields: five spaces for each acre developed for active usage.
(35) Plumbing, heating, air conditioning and sheet metal shops: one space for each employee plus one space for each vehicle used by the industry.
(36) Private kindergartens and day nurseries: one space plus one space for each employee.
(37) Public housing developments: one space for every four units.
(38) Public swimming pools: ten spaces plus one space for every 200 square feet of water area.
(39) Railroads and public utilities but not including storage or maintenance yards and buildings: one space for each employee plus one space for each vehicle used by the industry.
(40) Restaurant, night club, cafe or tavern: one space for every 100 square feet of floor area.
(41) Retail sale of medical and dental and related supplies: one space for every 75 square feet of floor area.
(42) Retirement and homes for the elderly: one space for every three beds plus one for every three employees.
(43) Rooming or boarding houses: one space for every two beds.
(44) Single-family dwellings: two spaces per unit.
(45) Three-family dwellings: two spaces per unit.
(46) Tool, die, gauge and machine shops: one space for each employee plus one space for each vehicle used by the industry.
(47) Truck and freight terminal: one space for each employee plus one space for each vehicle used by the industry.
(48) Truck display, sales, repair and storage: one space for each employee plus one space for each vehicle used by the industry.
(49) Two-family dwellings: two spaces per unit.
(50) Welding and repair shops: one space for each employee plus one space for each vehicle used by the industry.
(51) Wholesaling and warehousing but not including the bulk storage of liquid fertilizer or petroleum products under pressure: one space for each employee plus one space for each vehicle used by the industry.
(52) In addition to the above requirements, all uses shall provide at least one space for each 10,000 square feet of floor area.
15. Parking Requirements for Multi-Family Dwellings Designed for the Elderly or Handicapped. Notwithstanding the requirements of schedules of district regulations, three-fourths (3/4) parking space per dwelling unit shall be the minimum required off-street parking for each dwelling unit in a multi-family dwelling designed and intended to be occupied exclusively by persons who are 62 years of age or older or are handicapped, and their spouses.
16. Site Plan Regulations.
A. Intent. To assure that the design and location of residential, commercial, and industrial areas will be in conformance with the zoning standards of this Zoning Code and are properly related to and in harmony with the existing and future residential, business and industrial development of the City, including generally accepted principles of commercial, industrial, and urban design, a detailed site plan shall be submitted showing the proposed use and development of all multiple family residential, nonresidential, commercial, and industrial sites for approval by the City Council after review and recommendation by the Planning and Zoning Commission.
(1) Whenever any person, firm, corporation or other group wishes to develop any tract, lot, or parcel of land within the incorporated area of the City, located in any zoning district for all uses except single-family and two-family dwellings, such person shall cause to be prepared a site plan for such development and shall submit ten copies of said site plan to the Zoning Administrator. The provisions of this section shall also be applicable to the redevelopment, enlargement, or extension of more than 25 percent of any commercial or industrial uses and structures existing at the time of adoption of the zoning ordinance. The site plan shall contain such information and data as outlined herein.
(2) The Zoning Administrator shall review the site plan for compliance with this Zoning Code and shall refer a copy of the site plan to the City engineer or such other person as shall be designated from time to time by the City of Story City, who shall review said site plan as to its compliance with other ordinances of the City and its effect upon public utilities and public road system and submit findings as soon as possible to the Planning and Zoning Commission.
(3) The Zoning Administrator shall also forward a copy of the site plan to each member of the Planning and Zoning Commission. The Planning and Zoning Commission shall, after receiving the report of the engineer and the Zoning Administrator, review the site plan for conformity with the regulations and standards contained herein and may confer with the developer on changes deemed advisable in such site plan.
(4) The Planning and Zoning Commission shall forward its recommendation, either for approval or disapproval of the site plan, to the City Council in a timely manner after the date of the submission of said site plan. If the Commission does not act in a timely manner, the site plan shall be deemed to be approved by the Commission, unless the developer agrees to an extension of time.
(5) The Commission may, in its discretion, hold a public hearing on the site plan of the proposed development and prescribe the notice thereof and to whom such notice shall be given.
(6) The City Council shall, upon receipt of the recommendation of the Planning and Zoning Commission, either approve or disapprove the site plan for the proposed development.
(7) No building permit or certificate of zoning compliance for any structure within any district in which a site plan is required shall be issued until the site plan has been approved as provided herein.
(8) Upon final action by the Planning and Zoning Commission on any site plan, a copy of said site plan, with the action of the Planning and Zoning Commission noted thereon and signed by the Chairperson of the Commission, shall be filed with the Zoning Administrator.
(9) If the Zoning Administrator finds that any construction or proposed construction or occupancy of a development of a tract of land for which a site plan has been approved will not substantially comply with the site plan as approved, or if the Administrator finds that the construction and development of the tract is not being carried out in accordance with the development schedule filed with the site plan, the Administrator shall suspend all building permits for the development and order all construction stopped until such time as the owner of the project, or the successors in interest, shall have provided satisfactory proof that the site plan will be complied with. The Zoning Administrator shall not issue a certificate of zoning compliance for any structure within the development while the permit for the development has been suspended pursuant to this paragraph. Any person aggrieved by any decision or action of the Zoning Administrator under this paragraph may appeal such action or decision by the City Council.
(10) If the owner or developer of a tract of land for which a site plan has been approved determines that an extension of time is necessary or that a modification of the site plan would provide for a more appropriate or more practicable development of the site, the owner may apply for an amendment of the site plan. The Planning and Zoning Commission may grant an extension of time or a modification of a previously approved site plan if it determines that such modification of the site plan would provide a more appropriate development of the site.
C. Site Plan Review. In reviewing a proposed site plan, the City Council and the Planning and Zoning Commission shall consider the location of the buildings on the site with respect to vehicular and pedestrian traffic to and from the buildings, traffic between the site and abutting streets and roads, suitable layout and adequate provisions for off-street parking and loading, with due consideration given to the provision of traffic islands, pedestrian ways, and landscaping within the parking area, provision for necessary screening between adjacent properties and the site, location and display of traffic signs to promote traffic patterns, location and display of business signs so as not to distract or confuse motorists, and location and display of outdoor advertising so as to provide adequate visibility within the site during hours of night operation but not to have adverse effects on surrounding properties.
D. Site Plan Requirements. All site plans shall be drawn at a scale not less than 1¡È = 50¡Ç. Ten copies of the site plan shall be submitted to the Zoning Administrator. The purpose of the site plan is to show all information needed to enable the Zoning Administrator, the Planning and Zoning Commission, the City Engineer, and the City Council to determine if the proposed development meets the requirements of this Zoning Code.
E. Information Required. The site plan required shall include the following information concerning the proposed development:
(1) Names of all persons having an interest in the property, legal description of the property, point of compass, scale, and date.
(2) Applicant’s name, planned land use, and present zoning.
(3) If the applicant is other than the legal owner, the applicant’s interest shall be stated.
(4) Name and address of person who prepared the site plan.
F. Required Illustrations. The site plan shall clearly set forth the following information concerning the proposed development:
(1) Property boundary lines, dimensions, total area of the proposed development and a vicinity map at a scale of 1? = 500' or larger.
(2) Contour lines of the proposed development at intervals of not more than two feet. If substantial topographic change is proposed, the existing topography of the development and of the surrounding area shall be illustrated on a separate map, and the proposed finished topography shall be shown on the site plan.
(3) The availability, location, size and capacity of existing utilities and of proposed utilities.
(4) The proposed location, size, height, shape, use and architectural theme of all buildings or structures in the proposed development.
(5) The total square footage of building floor area, both individually and collectively, in the proposed development.
(6) Existing buildings, rights-of-way, street improvements, railroads, easements, drainage courses, flood plains, streams, and wooded areas.
(7) Location, number, dimensions, and design of off-street parking in the proposed development, including the following features:
a. Driveways, islands, and planters.
b. Striping and safety curbs.
d. Type and location of lighting.
(8) Open spaces, yards, recreational areas, walkways, driveways, outside lighting, walls, fences, monuments, statues, signs, and other manmade features to be used in the landscape of the proposed development.
(9) Facilities for the collection and disposal of garbage and trash.
(10) Location and type of all plants, grasses, and trees to be used in the landscape of the proposed development. Landscaping to be used for screening purposes shall be illustrated in elevation as well as plan, with the approximately size and names of plants, shrubs, or trees to be planted clearly indicated.
(11) Location of entrances and exits from the proposed development onto public streets, and interior drives and proposed sidewalks in the development.
(12) Proposed drainage facilities and provisions for flood control, if applicable.
(13) The location, height, and area of all signs (directional signs, identification signs, or temporary signs) in the proposed development.
(14) The total land area devoted to open space and landscaping in all districts except the C-2 District shall not be less than ten percent of the gross land area included in the building lot. Such open space shall be maintained as grassed and landscaped area and shall not include access drives, parking areas, structures of buildings; except ornamental structures included as part of the landscaping theme.
(15) Storm Water Management Standards. Storm water management design shall include grading, surface, and subsurface improvements that result in no increase in the rate of runoff when compared to the undeveloped condition of the area to be developed. The rainfall frequencies that shall be incorporated in the design of the storm water management plan shall include the 5-year and 100-year storm events. The calculations and design of the storm water management plan shall be prepared by an engineer licensed to practice in Iowa.
The storm water management plans shall be as per the Urban Design Standards model.
Storm water detention is required unless otherwise waived by the City Engineer. Developments shall detain for 100-year developed storm event and release at the 5-year undeveloped storm event.
The storm water management plan shall illustrate the flow path for a storm event which exceeds the 100-year storm event.
Bio-swales or filtration swales shall be encouraged for all site plans in lieu of subsurface drainage improvements. Surface drainage improvements such as drainage flumes, drainage swales and curb cuts may be allowed if approved by the City Engineer.
(Ord. 296 – Jun. 21 Supp.)
G. Expiration of Approval. All site plan approvals shall expire and terminate one year after the date of City Council approval unless a compliance permit has been issued for the construction provided for in the site plan. The City Council may, upon written request by the developer, extend the time for the issuance of a compliance permit for 60 days. In the event the permit for the construction provided for a site plan expires or is canceled, then such site plan approval shall thereupon terminate.
H. Filing Fees. Before any action shall be taken as provided in this section, the person or agent filing a site plan shall pay to the Zoning Administrator a filing fee as established by the City Council. Under no conditions shall said fee or any part thereof be refunded for failure of said site plan to be approved.