The title of Chapters 165 and 166 shall be known as the Zoning Code of the City of Toledo.

The provisions of the Toledo Zoning Code shall be applicable to all property within the corporate limits of the City, and may be amended by subsequent annexations.

The zoning regulations and districts herein set forth have been made in accordance with a comprehensive plan and designed to lessen congestion in the street; to secure safety from fire, flood, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. These regulations have been made with reasonable consideration, among other things, as to the character of the area of the district and the peculiar suitability of such area of the district and the peculiar suitability of such area for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City.

1.   Interpretation.

   A.   Minimum Requirements. The provisions of this Zoning Code shall be held to be the minimum requirements.

   B.   Permits and Certificates Required. Hereafter an application accompanied by the necessary fee shall be filed with, and a written permit or certificate shall be obtained from, the Zoning Administrator as required by this Code.

   C.   Conformance Required. No building, structure, or premises shall hereafter be erected, extended, converted, moved, rebuilt, or altered except in conformity with all district regulations established by this Code for the district in which it is located. Temporary buildings that are used in connection with construction work only may be permitted in any district during the period that work is under way, but such temporary buildings shall be removed upon completion of the construction work as determined by the Zoning Administrator. This shall include trailers and mobile homes used as temporary offices and for tool storage only.

The City intends that this Zoning Code and any amendments to it shall be consistent with the City’s Comprehensive Plan. It is the City’s intent to amend this Zoning Code whenever such action is deemed necessary to keep regulatory provisions in conformance with the Comprehensive Plan.

All ordinances that amend, repeal, or in any manner affect this Zoning Code shall include proper reference to chapter, section, subsection, or paragraph to maintain an orderly codification of ordinances of the City.

Pursuant to Section 414.6 of the Code of Iowa, it shall be the purpose of the Planning and Zoning Commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. The Planning and Zoning Commission shall make a preliminary report and hold public hearings thereon before submitting its final report.

No such regulations, restriction, or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearings, as well as, the location of the affected districts by naming townships and sections if possible, by describing the roads and streets that form the boundaries of the affected area shall be given by publication thereof in a paper of general circulation in the City at least one time, not less than four days or more than 20 days prior to such hearing.

As per State law Section 362.3 of the Code of Iowa, notification shall be published between four and 20 days in advance of a public meeting. A publication required by the City Code must be printed in a newspaper published at least one weekly and having general circulation in the City.

For the purpose of this Zoning Code, the following listing of abbreviations and acronyms shall be used throughout the Code.

1.   “ADA” stands for Americans with Disabilities Act.

2.   “CFR” stands for Code of Federal Regulations.

3.   “DU” stands for Dwelling Unit.

4.   “EPA" stands for Environmental Protection Agency.

5.   “IDNR” stands for Iowa Department of Natural Resources.

6.   “FCC” stands for Federal Communication Commission.

7.   “FEMA” stands for Federal Emergency Management Agency.

8.   “GFA” stands for Gross Floor Area.

9.   “HUD” stands for US Department of Housing and Urban Development.

10.   “KV” stands for Kilovolt.

11.   “KW” stands for Kilowatt.

12.   “IDOT” stands for Iowa Department of Transportation.

13.   “NPDES” stands for National Pollutant Discharge Elimination System.

14.   “NRCS” stands for Natural Resources Conservation Service.

15.   “USC” stands for United States Code.

16.   “USACE” stands for United States Army Corps of Engineers.

17.   “USDA” stands for United States Department of Agriculture.

For the purpose of this Zoning Code, all words shall carry their customary meanings except when specifically defined herein. Unless otherwise specified, all distances shall be measured horizontally.

1.   “A”

   A.   “Abandonment” means to cease or discontinue a use or activity without intent to resume, as distinguished from short term interruptions such as during periods of remodeling, maintenance, or normal periods of vacation or seasonal closure.

   B.   “Abut” means to physically touch or border upon, or to share a common property line.

   C.   “Accessory building” means a use subordinate to the principal use of land or a building on a lot customarily incidental thereto.

   D.   “Accessory structure” means a structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.

   E.   “Accessory use” means a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.

   F.   “Addition” means any construction which increases the size of a building or structure in terms of site coverage, height, length, width, or gross floor area.

   G.   “Adult oriented business” means any one of or any combination of the following which are customarily not open to persons who have not attained the age of 18 years:

      (1)   “Adult art” or “adult modeling studio” means an establishment or business which provides the services of modeling for the purpose of viewing and/or reproducing the human body, wholly or partially in the nude, by means of photography, painting, sketching, drawing, or otherwise; provided entrance to such establishment and such services are available only to adults.

      (2)   “Adult artist” or “body painting studio” means an establishment or business which provides the services of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude; provided entrance to such establishment and such services are available only to adults.

      (3)   “Adult bath house” means an establishment or business which provides the services of baths, including all forms and methods of hydrotherapy; provided entrance to such establishment and such services are available only to adults; and not including such services provided by a medical practitioner or professional physical therapist licensed by the State.

      (4)   “Adult bookstore” means an establishment having as the primary portion of its stock in trade, books, magazines, and other periodicals which are substantially devoted to the depiction of “specified sexual activities” and “specified anatomical areas.”

      (5)   “Adult business” mean any business or establishment where a “specified sexual activity” or a “specified anatomical area” is displayed.

      (6)   “Adult entertainment” means any exhibition of any motion picture, live performance, display, or dance of any type, which has as its dominant theme or is distinguished or characterized by an emphasis on any actual or simulated specified sexual activities or specified anatomical areas.

      (7)   “Adult motel” means a motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of “specified sexual activities” or “specified anatomical areas.”

      (8)   “Adult movie theater” means any theater, arcade, or similar establishment where an enclosed building or open-air facility is used for presenting material in the form of motion picture film, video tape, or other similar means which is substantially devoted to the depiction of “specified sexual activities” and “specified anatomical areas” for observation by persons therein.

      (9)   “Adult news racks” means any coin-operated machine or device which dispenses material substantially devoted to the depiction of “specified sexual activities” and “specified anatomical areas.”

      (10)   “Adult nightclub” means any club, cabaret, nightclub, bar, restaurant, or similar establishment where an enclosed building or open-air facility is used for live performances which are characterized by the exposure of “specified sexual activities” and “specified anatomical areas” for observation by persons therein.

      (11)   “Sexual encounter center” means a place provided by any business, agency, or person where, for any form of consideration or gratuity, persons who are not all members of the same household, may congregate, assemble, or associate for the purpose of engaging in sex acts or exposing “specified anatomical areas.”

      (12)   “Specified anatomical areas” means less than completely and opaquely covered human genitals, mature human buttocks, and mature human female breasts below a point immediately above the top of the areola; and human male genitals in a discernible turgid state, even if completely and opaquely covered.

      (13)   “Specified sexual activities” means human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, fondling, or touching of human genitals, public region, buttock, or female breast, minors engaged in prohibited sexual acts, or stimulation of a prohibited sexual act.

   H.   “Agent of owner” means any person showing written verification that they are acting for, and with the knowledge and consent of, a property owner.

   I.   “Agriculture” means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the product; provided, however, that the operation of such shall be secondary to that of normal agricultural activities and provided further that the above uses shall not include the feeding of collected garbage or offal.

   J.   “Alley” means a public thoroughfare which affords only a secondary means of access to abutting property.

   K.   “Animal hospital” means a building portion thereof designed or used for the care, observation, or treatment of domestic animals.

   L.   “Apartment house.” See Dwelling, Multiple.

   M.   “Attached” means having one or more walls in common with a principal building or connected to a principal building by an integral architectural element, such as a covered passageway, façade wall extension, or archway.

   N.   “Automobile service station” or “gas station” means a building or premises used for dispensing or offering for sale at retail any automobile fuels or oils, or having pumps and storage tanks therefore, or battery, tire, or any similar service is rendered, and where vehicles are not parked for purposes of inspection and sale.

2.   “B”

   A.   “Base zoning district” means a district established by this Zoning Code, which prescribes basic regulations governing land use and site development standards. No more than one base zoning district shall apply to any individually platted lot or parcel unless the lot or parcel is part of a planned unit development.

   B.   “Basement” means a portion of a building located partly underground. Use of a basement only as a dwelling is prohibited; see Dwelling.

   C.   “Bed and breakfast” means a residential structure or portion thereof containing lodging rooms which accommodate persons who are not members of the keeper’s family, the primary use for which remains residential or transient use.

   D.   “Beginning of construction” means the initial incorporation of labor and materials into the foundation of a building or structure.

   E.   “Billboard” means any structure or portion of a building used for display of advertising or any advertising sign other than:

      (1)   Church or similar bulletin board.

      (2)   Signs appertaining only to the lease, hire, or sale of a building or premises, which is located on the subject building or premises.

      (3)   Signs advertising the sale of products grown only upon the premises.

      (4)   An announcement or identification sign carrying the name and address of the owner or tenant residing on the premises.

   F.   “Block” means an area of land within a subdivision that is entirely bounded by streets and the exterior boundaries of the subdivision, or by a combination of the above with a watercourse or lake, and which has been designated as such on a plat for the purposes of legal description of a property.

   G.   “Board” means the Board of Adjustment, established by the City, pursuant to Chapter 414 of the Code of Iowa, expressly for the purpose of granting relief from situations of hardship, to hear appeals, and to provide for approval of variances and conditional uses as provided within this Zoning Code.

   H.   “Buffer yard” means a landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.

   I.   “Building” means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property.

   J.   “Building, accessory” means a subordinate building, the use of which is incidental to that of a principal building on the same lot.

   K.   “Building, height of” means the vertical distance measured from the curb level to the highest point of the roof surface. For buildings set back from the line of the street, the height of the grade along the front of the building shall be used to measure building height, provided the distance from the building to the line of the street is not less than the height of such grade above the established curb level.

   L.   “Building line” means an imaginary line parallel to the front lot line over which no portion of any building may extend and which is a distance from the front lot line equal to the depth of the front yard required for the district in which such lot is located.

   M.   “Building, principal” means a building, including covered porches, carports, and garages with a common roof line, in which is conducted the principal use of the lot on which it is situated.

   N.   “Business” means activities that include the exchange or manufacture of goods or services on a site.

3.   “C”

   A.   “Certification of occupancy” means an official certificate issued by the Zoning Administrator or their designee, upon finding of conformance with the City’s Building Code and Zoning Code.

   B.   “Change of use” means the replacement of an existing use by a new use.

   C.   “Commercial breeding business” means a land use with related structures where pigs, cattle, horses, fowl, or any domesticated or fur-bearing animals are bred or raised, exclusive or nearly exclusive of any other use of the property on which the breeding operation is located.

   D.   “Commercial feeding business” means a land use with related structures where pigs, cattle, horses, fowl, or any domesticated or fur-bearing animals are fed and raised from the younger stage to a marketable stage, size, or condition, exclusive or nearly exclusive of any other use of the property on which the feeding and raising operation is located.

   E.   “Comprehensive plan” means the duly adopted Comprehensive Plan of the City.

   F.   “Conditional use” means a use that may be permitted in a zoning district subject to special conditions and with the approval of the Board of Adjustment. Conditional uses are considered identical to special exception uses as authorized by the Code of Iowa.

   G.   “Convenience store” means a building or premises used for retail sale of auto fuels, oils, food, and groceries.

   H.   “Court” means an open, unobstructed, and unoccupied space, other than a yard, which is bounded on two or more sides by a building on the same lot.

   I.   “Cow pool” means a land use with related structures where dairy cows or beef cattle, not the property of the operator are housed, fed, exercised, or milked by an operator, in lieu of performance of this labor by the owner of the cows or cattle involved.

4.   “D”

   A.   “Density” means the amount of development per specific unit of a site.

      (1)   “Density, gross” means the total number of dwelling units divided by the total project area, expressed as gross dwelling units per acre.

      (2)   “Density, net” means the total number of dwelling units divided by the total developable land area of a project. Net density calculations exclude public or private street rights-of-way, dedicated public parks or open spaces, wetlands or water bodies, and any utility easements that prohibit development.

   B.   “Deck” means a structural platform with or without a roof structure that adjoins a house and is supported by a means other than the principal structure (i.e. footings).

   C.   “Detached” means fully separated from any other building or jointed to another building in such a manner as not to constitute an enclosed or covered connection.

   D.   “District” means a land area or land areas as defined on the Zoning District Map of the incorporated City, in which regulations governing the use of buildings or premises or the height and location of buildings are uniform.

   E.   “Drive-in services” means an establishment such as an outdoor movie theater, restaurant, etc. that is designed to render services to its customers who drive up and remain seated in their vehicles.

   F.   “Driveway” means a permanently paved, surfaced area providing vehicular access between a street and an off-street parking or loading area.

   G.   “Dumpster” means any unit designed for the collection of large quantities of trash, yard waste, building or construction debris, trees, or limbs and designed to be delivered and picked up by a truck.

   H.   “Dwelling” means a residential building or portion thereof but not including hotels, motels, bed and breakfast, trailers, or basement structures.

   I.   “Dwelling, single family” means a building designed for or occupied exclusively by one family.

   J.   “Dwelling, two family” means a building designed for or occupied exclusively by two families living independently of each other.

   K.   “Dwelling, multiple” means a building or portion thereof designed for or occupied by three or more families living independently of each other.

5.   “E”

   A.   “Easement” means a privilege or right of use granted on, above, under, or across a particular tract of land for a specific purpose by one owner to another, public, or private agency, or utility.

   B.   “Enclosed” means a roofed or covered space fully surrounded by walls.

   C.   “Essential services” means the construction of, alteration to, or maintenance of facilities instrumental to the overall quality of life of a City. These facilities are constructed and maintained by the public utility company, City, County, or State and may consist of underground or overhead transmission mains and wires, underground transmission and collection systems, communication lines, supply or disposal systems, including wires, poles, drains, sewers, pipes, conduits, cables, fire and police alarm boxes, traffic signals, hydrants, towers, substations, gas regulator stations, and other similar equipment, accessories, and buildings that are reasonably necessary for the furnishing of adequate service by the public utility, City, County, or State for the public health, safety, and general welfare.

6.   “F”

   A.   “Family” means one or more persons occupying premises and living as a single housekeeping unit.

   B.   “Farm” means an area comprising 10 or more acres which is used for the growing of the usual farm products such as vegetables, fruits, and grains, and their storage on the area, as well as for the raising and feeding thereon of the usual farm poultry and farm animals such as horses, cattle, sheep and swine. The term “farming” includes the operating of such an area for one or more of the above uses including dairy farms with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, and provided further that farming does not include cow pools, commercial breeding or feeding businesses, nor the feeding of collected garbage or offal to swine or other animals.

   C.   “Floodplain” means any land area susceptible to being inundated by water as a result of a flood.

   D.   “Floodway” means the channel of a river or stream and those portions of the floodplains adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one foot.

   E.   “Frontage” means all the property on one side of a street, road, or highway between two intersecting streets or highways (crossing or terminating) measured along the line of the street or highway; or if the street or highway dead-end, then all of the property abutting on one side between an intersecting street or highway and the dead end of the street or highway.

7.   “G”

   A.   “Garage, attached” means a garage that is attached to the main building only if the common portion of the wall attaching the structure to the main building is at least 50 percent of the total length of the wall of the attached garage.

   B.   “Garage, private” means an accessory building or portion of a building in which one or more motor vehicles are housed, but in which no business service or industry connected with motor vehicles is carried on other than leasing of space for the housing of vehicles. Space for not more than three motor vehicles may be leased to other than residents on the premises.

   C.   “Garage, public” means any building or premises (except those used as a private or storage garage) used for equipping, repairing, hiring, selling, or storing motor-driven vehicles.

   D.   “Garage, storage” means any building or premise used for housing motor-driven vehicles, and at which automobile fuels are not sold and motor-driven vehicles are not equipped, repaired, hired, or sold.

   E.   “Gas station.” See Automobile Service Station. See also Convenience Store.

   F.   “Grade” means the average level of the finished surface of the ground adjacent to the exterior walls of a building.

8.   “H”

   A.   “Height” means the vertical distance from the established grade to the highest point of the coping of a flat roof, the deck line of a mansard roof, or to the ridge for gable, hip, shed, or gambrel roofs. For other cases, height shall be measured as the vertical distance from the established grade to the highest point of a structure as herein defined. Where a building or structure is located on a slope, height shall be measured form the average grade level adjacent to the building or structure.

   B.   “Home occupation” means any occupation carried on within the home solely by the members of the immediate family residing on the premises and where there shall be allowed not more than one-half the area of one floor for such purpose, in connection with which there is used no sign other than announcement or professional sign not over two square feet in area or no display that will indicate from the exterior that the building is being utilized in whole or part for any purpose other than that of a dwelling and in which there is kept no stock in trade nor commodity sold upon the premises.

   C.   “Hotel” means a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests and in which no provision is made for cooking in any individual room or apartment.

9.   “I”

   A.   “Independent mobile home” means a mobile home that has toilet facilities and bath or shower.

   B.   “Institution” means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

10.   “J”

   A.   “Junk yard” means an open area where waste, used, or second-hand material arc bought, sold, exchanged, stored, baled, packed, dissembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. The term includes a vehicular wrecking yard, but does not include such uses carried on entirely within enclosed buildings.

11.   “K”

   A.   “Kennel” means a place where three or more dogs, cats, or similar animals or pets over four months of age are boarded, bred, and/or offered for sale.

12.   “L”

   A.   “Landscaped area” means the area within the boundaries of a given lot, site, or common development consisting primarily of plant material, including but not limited to grass, sod, trees, shrubs, vines, ground cover, and other organic plant materials; or grass paver masonry units installed such that the appearance of the area is primarily landscaped.

      (1)   Perimeter Landscaped Area. Any required landscaped area that adjoins the exterior boundary of a lot, site, or common development.

      (2)   Interior Landscaped Area. Any landscaped area within a site exclusive of required perimeter landscaping.

   B.   “Loading area” means an off-street area used for the loading or unloading of goods from a vehicle in connection with the use of the site on which such area is located.

   C.   “Lot” means a parcel of property with a separate and distinct number or other identifying designation which has been created, assigned, and recorded in the County Recorder’s office, as provided for by appropriate sections of the Code of Iowa.

      (1)   “Corner lot” means a lot located at the junction of at least two streets, private ways, or courts or at least two segments of a curved street, private way, or court, at which the angle of intersection is no greater than 135 degrees.

      (2)   “Double frontage lot” means a lot other than a corner lot, having frontage on two streets, private ways, or courts. May also be known as a through lot.

      (3)   “Interior lot” means a lot other than a corner lot.

      (4)   “Common development lot” means when two or more contiguous lots are developed as part of a planned unit development, these lots may be considered a single lot for purposes of this Zoning Code.

   D.   “Lot area” means the total horizontal area within lot lines.

   E.   “Lot, depth of” means the mean horizontal distance between the front and rear lot line.

   F.   “Lot line” means a property boundary line of record that divides one lot from another lot or a lot from the public or private street right-of-way or easement.

      (1)   “Front lot line” means the lot lines separating a lot and a public or private street right-of-way or easement.

         a.   For an interior lot, the lot line separating the lot from the right-of-way or easement.

         b.   For a corner lot, the shorter lot line abutting a public or private street or easement. In instances of equal line dimension, the Zoning Administrator shall determine the front lot line, or as may be noted on the final plat.

         c.   For a double frontage lot, the lot lines separating the lot from the right-of-way or easement of the more minor street. In cases where each street has the same classification, the front lot line shall be determined by the Zoning Administrator at the time of application for the original building permit for the lot, or as may be noted on the final plat.

      (2)   “Rear lot line” means the lot line, which is opposite and most distant, from the front lot line.

      (3)   “Side lot line” means any lot line that is neither a front or rear lot line, at right angles to its depth along a straight line parallel to the front lot line at the minimum required setback line.

   G.   “Lot of record” means a lot which is a part of a subdivision or an auditor's plat, the map of which has been recorded in the office of the County Recorder, or a parcel of land set out in separate ownership and described by meets and bounds.

   H.   “Lot, width” means the straight line distance between points on the opposite side lot lines measured at the building line.

13.   “M”

   A.   “Main building” means a building in which is conducted the principal use of the lot upon which it is situated.

   B.   “Main use” means the principal use to which the premises are devoted and the principal purpose for which the premises exists.

   C.   “Manufactured home dwelling” means a prefabricated house that is constructed in parts off site or in a factory and then assembled at the building site in modular sections. Manufactured housing is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site; does not have permanently attached to its body or frame any wheels or axles; bears a label certifying that it was built in compliance with the National Manufactured Home Construction and Safety Standards promulgated by the US Department of Housing and Urban Development.

   D.   “Mixed use building” means a building or structure that incorporates two or more use types within a single building or structure, provided that each use type is permitted within the individual base zoning district in which the building or structure is to be located.

   E.   “Mixed use development” means a single development, which incorporates complementary land use types.

   F.   “Mobile home” or “trailer” means 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 in Iowa. This definition shall not include any dwelling 24 or more feet wide and that is placed on a permanent perimeter supporting foundation.

   G.   “Mobile home park” or “trailer camp” means any site, lot, field, or tract of land upon which two or more occupied mobile homes are harbored, 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. The term “mobile home park” shall not be construed to include mobile homes, buildings, tents, or other structures temporarily maintained by any individual, educational institution, or company on their own premises and used exclusively to house their own labor or students.

   H.   “Mobile home space” or “mobile home lot” means a parcel of ground within a mobile home park designed for the accommodation of one mobile home.

   I.   “Motel” means an establishment consisting of a group of living or sleeping accommodations with individual bathrooms, designed for use by transients, and having not more than 50 percent of the living and sleeping accommodations occupied by, or designed for occupancy by, persons other than transient automobile tourists. A motel furnishes customary hotel service, laundering of linen, telephone, secretarial or desk service, and the use and upkeep of furniture.

   J.   “Motor freight terminal” means a building in which freight by motor truck is assembled and sorted for routing in intrastate or interstate shipment.

14.   “N”

   A.   “Natural grade” means the original condition of the ground surface as it existed prior to mechanical grading or disturbance. Where the original condition of the ground surface cannot be determined, the City may approve a topographic survey of the property prepared by a civil engineer or land surveyor licensed in the State of Iowa indicating the approximate original condition of the ground surface of the site as can best be determined from record and survey data.

   B.   “Nonconforming building” means a building which was lawful prior to the adoption, revision, or amendment of this Zoning Code but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the Zoning Code.

   C.   “Nonconforming development” means a building, structure, or improvement which does not comply with the regulations for its zoning district as set forth by this Zoning Code but which complied with applicable regulations at the time of construction.

   D.   “Nonconforming lot” means a lot which was lawful prior to the adoption, revision, or amendment of this Zoning Code but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the Zoning Code.

   E.   “Nonconforming sign” means a sign that was legally erected prior to the adoptions, revision, or amendment of this Zoning Code but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the Zoning Code.

   F.   “Nonconforming structure” means a structure which was lawful prior to the adoption, revision, or amendment of this Zoning Code but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the Zoning Code.

   G.   “Nonconforming use” means a land use that was lawful prior to the adoption, revision, or amendment of this Zoning Code but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the Zoning Code.

   H.   “Noxious material” means material which is capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects upon the psychological, social or economic well-being of human beings.

   I.   “Nuisance” means an unreasonable and continuous invasion of the use and enjoyment of a property right which a reasonable person would find annoying, unpleasant, obnoxious, or offensive.

   J.   “Nursing home” means a building other than a hotel, motel, or hospital where for compensation meals, lodging, and physical care are provided for three or more persons. This definition shall include rest homes, convalescent old-people’s homes, and similar establishments.

15.   “O”

   A.   “Off-premises sign” means any sign which directs attention to a business, commodity, or service sold, offered, or existing in a location other than upon the same lot where the sign is located and displayed.

   B.   “Open sales lot” means any unenclosed land used or occupied for the purpose of buying and selling new or second-hand passenger cars, trucks, or farm machinery or for the storing of the same prior to sale.

   C.   “Open space” means land and water areas retained for use as active or passive recreation areas or for resource protection in an essentially undeveloped state. Open space does not include required yard areas.

   D.   “Outdoor storage” means the storage of materials, parts, or products that are related to the primary use of a site for a period exceeding three days.

   E.   “Outdoor storage container” means any new or used prefabricated metal or steel enclosure used for the accessory storage of supplies, equipment, inventory, goods, commodities, or construction-related materials; or temporary offices for active construction sites; designed without an axle or wheels; and capable of being mounted on a chassis for movement by truck, trailer, or railcar. This definition includes, but is not limited to, cargo, shipping, and freight containers, garbage and recycling containers, containers mounted on a truck and portable moving containers as defined in this chapter; and excludes typical residential accessory buildings built on a foundation, footings, or slab such as garages and storage sheds.

   F.   “Owner” means an individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.

16.   “P”

   A.   “Parking lot” means a parcel of land devoted to unenclosed parking spaces or to a partially or totally enclosed building when such building's primary purpose is to provide off-street parking.

   B.   “Parking space” means an area enclosed or unenclosed, sufficient in size to store one automobile, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.

   C.   “Paved” means permanently surfaced with poured concrete, concrete pavers, or asphalt.

   D.   “Permanent occupancy” means the use of a mobile home as a permanent dwelling place or for habitation of any kind for an indefinite amount of time.

   E.   “Permitted use” means a land use type allowed as a matter of right in a zoning district, subject only to special requirements of this Zoning Code.

   F.   “Planning and Zoning Commission” means the Planning and Zoning Commission of the City, as authorized by Chapter 22 of this Code of Ordinances.

   G.   “Planned unit development” means a development of land which is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements.

   H.   “Premises” means a lot, parcel, tract, or plot of land, contiguous and under common ownership or control, together with the buildings and structure thereon.

   I.   “Principal use” means the main use of land or structures as distinguished from secondary or accessory use. For example, a house is a principal use in a residential area; a garage or pool is an accessory use.

   J.   “Property line.” See lot line.

17.   “R”

   A.   “Recreational vehicle” means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational, or sporting purposes. Recreational vehicles include, but are not limited to, travel trailers; campers; motor coach homes; converted buses and trucks; boats and boat trailers.

   B.   “Regulation” means a specific requirement set forth by this Zoning Code, which must be followed.

   C.   “Roadside stand” means a temporary structure, unenclosed, and so designed and constructed that the structure is easily portable and can be readily moved.

18.   “S”

   A.   “Screening” means the method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features as may be permitted by the landscaping provision of this Zoning Code.

   B.   “Service shops” means a shop activity where materials or small objects are treated or repaired and where objects may be sold, such as a shop for repairing shoes; but it shall not include an establishment where large objects or large quantities of materials are assembled and treated.

   C.   “Service station.” See automobile service station.

   D.   “Setback” means the required distance between every structure and the lot lines of the lot on which it is located.

   E.   “Sign” means a symbolic, visual device fixed upon a building, vehicle, structure, or parcel of land, which is intended to convey information about a product, business, activity, place, person, institution, candidate, or political idea.

   F.   “Site” means the parcel of land to be developed or built upon. A site may encompass a single lot; or a group of lots developed as a common development under the special and overlay districts provisions of this Zoning Code.

   G.   “Site plan” means a plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features propose for a specific parcel of land.

   H.   “Stable, private” means an accessory building in which horses are kept for private use and not for hire, remuneration, or sale.

   I.   “Stable, public” means a building in which horses arc kept for remuneration, hire, or sale, therefore, a principal building and/or use.

   J.   “Story” means that part of any building between any floor and the floor or attic above. The first story of the building is the lowest story having at least one-half of its height above the highest level of the adjoining ground.

   K.   “Story, half” means a story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

   L.   “Street” means a right-of-way, dedicated to public use, which affords a primary means of access to the abutting property. This definition is intended to be inclusive of the term as defined in Iowa statute.

      (1)   “Street, arterial” means a major thoroughfare primarily intended for through traffic that carries the largest volume of traffic with limited access to private property and a high degree of connectivity to the regional highway system.

      (2)   “Street, collector” means a street that collects traffic from local streets and disperses traffic between larger arterial highways and smaller streets and provides for access to private properties, particularly in commercial corridors or districts.

      (3)   “Street, intersecting and principal” means in regard to a site, the principal street shall be the street to which the majority of lots on a block face are oriented; the intersecting street shall be a street other than a principal street.

      (4)   “Street, local” means a street, which is used primarily for access to the abutting properties and distribution of traffic from neighborhoods to collector and arterial streets.

      (5)   “Street, major” means arterial or collector.

      (6)   “Street, minor local streets” means in some cases “minor” street may be referencing a street that carries less traffic or serves a lessor function in the street system when comparing one or more streets. For example, when determining lot frontage on double frontage lots.

   M.   “Street line” means a dividing line between a lot, tract, or parcel of land and an adjacent street right-of-way.

   N.   “Structure” means anything constructed or erected, the use of which requires a more or less permanent location on the ground, or anything attached to something having a permanent location on the ground.

   O.   “Structural alteration” means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in any exterior walls.

19.   “U”

   A.   “Use” means the purpose or activity for which the land building or structure thereon is designed, arranged or intended, or for which it is occupied or maintained.

   B.   “Use, accessory” means a subordinate use, such as a private garage, which is clearly and customarily incidental to the principal use of a building or premises, which is located on the same lot or contiguous property as the principal building or use, except for such accessory parking facilities as are specifically authorized to be located elsewhere.

   C.   “Use, principal” means the specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.

   D.   “Use, nonconforming” means any use of a building, structure, or premises which on the effective date of this Zoning Code does not, even though lawfully established, comply with all of the applicable use regulations of the zoning district in which such building, structure, or premises shall be located.

   E.   “Utilities” means installations, either above or below ground, necessary for the production, generation, transmission, delivery, collection, treatments, or storage of water, solid or fluid wastes, stormwater, energy, media, gas, electronic or electromagnetic signals, or other services which are precedent to development and use of land.

20.   “V”

   A.   “Variance” means permission to depart from the Zoning Code when, because of special circumstances applicable to the property, strict application of the provisions of this development code deprives such property of privileges enjoyed by other property in the vicinity that is under identical zoning.

21.   “Y”

   A.   “Yard” means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. The measurements of a yard shall be construed as a minimum horizontal distance between the lot line and the exterior wall of a building or structure.

   B.   “Yard, front” means a yard extending across the full width of the lot and measured between the front line of the lot and the nearest point of the building. Covered porches and garages, whether enclosed or unenclosed, shall not project into a required front yard.

   C.   “Yard, rear” means a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest point of the principal building. Accessory buildings or structures or non-building uses may be located within the rear yard only.

   D.   “Yard, side” means a yard between the nearest point of the building and the side line of the lot and extending from the front yard to the rear yard.

22.   “Z”

   A.   “Zoning Administrator” means the designee of the City Council, responsible for the interpretation and administration of this Zoning Code.

   B.   “Zoning district” means a designated specified land classification, within which all sites are subject to a unified group of use and site development regulations set forth in this Zoning Code.

In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Whenever the provisions of this Zoning Code are in conflict with the provisions of any other ordinance or municipal law, the Zoning Code, ordinance, or municipal law with the most restrictive provisions shall govern.

No building or land shall hereafter be used or reused and no building or part thereof shall be erected, moved, or altered unless for a use expressly permitted by and in conformity with the Zoning Code herein specified for the district in which it is located, except that any structure damaged or destroyed may be restored if such structure does not involve a non-conforming use.

1.   Every building hereafter erected, reconstructed, converted, moved, or structurally altered shall be located on a lot or lot of record, and in no case shall there be more than one principal building on a lot unless otherwise provided.

2.   More than one principal building of a single permitted use may be located upon a lot or tract in the following instances if recommended by the Planning and Zoning Commission and approved by the City Council:

   A.   Institutional buildings.

   B.   Public or semi-buildings.

   C.   Multiple-family dwellings.

   D.   Commercial or industrial buildings.

   E.   Home for the aged.

   F.   Agricultural buildings.

   G.   Planned unit developments.

3.   Lot of Record. A lot of record or tract having less area or width than herein required may be occupied by only one principal building and accessory buildings of the use permitted for that district in which said lot or tract is located. Each of the side yards may be reduced to 10 percent of the total lot width, and the rear yard may be reduced to 20 percent of the lot's total depth, provided a variance is granted by the Board of Adjustment.

4.   Frontage Required. A lot to be used for residence purposes shall, under all circumstances, abut at least one public dedicated street or right-of-way for a minimum distance of 40 feet.

5.   Corner Lots. Corner Jots platted hereafter shall provide a side yard adjacent to the intersection which shall be equivalent to the front yard requirement of the lots to the rear corner lot which front on the intersecting street or road.

6.   Reduction of Lot. No lot shall be sold, divided, or set off in such a manner that either the portion sold, divided, or set off, or the portion remaining shall be less than the minimum size prescribed by the regulations relating to the district in which it is situated, unless it becomes a part of an adjacent lot meeting requirements. This subsection shall not apply when a portion of a lot is acquired for a public purpose.

1.   Intersection With Traffic Controls. On any corner lot, in all districts, at a street intersection which has some form of traffic control (stop or yield signs), there shall be no obstruction to traffic visibility within the clear sight triangle which is formed by the intersection of the centerline of two intersecting streets and a straight line joining the two centerlines at points 55 feet distant from their point of intersection.

2.   Intersections Without Traffic Controls. On any corner lot, in all districts, at a street intersection which does not have any form of traffic control, there shall be no obstruction to the traffic visibility within the clear sight triangle which is formed by the intersection of the centerline of the two intersecting streets and a straight line joining the two said centerlines at points a given number of feet distant from their points of intersection. The distances from said point of intersection are specified in the following table for various speeds in miles per hour of enforced speed limit.

 

 

No lot, even though it may consist of one or more adjacent lots of record, shall be recorded in area so that yards, lot area per resident, lot width, building area, or other requirements of this Zoning Code are not maintained. This section shall not apply when a portion of a lot is acquired for a public purpose.

1.   Principal Buildings. Every building hereafter erected or structurally altered shall be located on a lot as defined herein and in no case shall there be more than one principal building on one lot unless otherwise provided by this Zoning Code.

2.   Accessory Buildings. A maximum of two accessory buildings may be built in a required rear yard, but shall not occupy more than 30 percent of the rear yard; nor shall be larger than 1,000 square feet in total floor area; nor shall said buildings be built closer than three feet to any lot line, nor closer than eight feet to any building unless it is connected thereto, nor shall said building be more than 17 feet in height. A garage may be erected as a part of the principal building but must be connected by a breezeway or common roof line, provided all yard requirements for a principal building are complied with. No accessory building shall be constructed upon a lot until the construction of the principal building has commenced, and no accessory building shall be used unless the principal building of the lot also is being used. Any structure other than a garage must be built in a rear yard. Notwithstanding the foregoing, where apartments or town homes are located:

   A.   One garage space is permitted for each living unit in the apartment complex.

   B.   Each garage unit may not exceed 14ft x 26ft or a total of 364 sq. ft.

   C.   Each garage unit shall have an overhead door of a minimum size of 7ft x 8ft. The garage units shall be separated by a solid wall and under a common roof.

   D.   Side, front, and rear lot lines (setbacks) must be adhered to.

3.   Corner Lots. Detached accessory buildings on a corner lot must comply with the same setback/yard requirements as the principal building.

4.   Conversion for Dwelling Purposes. The Board of Adjustment may recommend a variance to permit the conversion of any building into a two-family or multiple family dwelling in a permissible residential district, provided that the lot area per family shall not be reduced thereby to less than the lot area required for such use in the respective residential district, and provided further that such conversion is also approved by the Health Officer of the City.

5.   Dwelling Dimensions, Foundation Requirement. Any structure used as a dwelling shall have no dimension (length or width) less than 24 feet. All dwellings shall have a permanent perimeter supporting foundation. This section shall not apply to mobile homes placed in licensed mobile home parks.

6.   Temporary Buildings. Temporary buildings are permitted with current ongoing construction work in any district; however, any such temporary buildings shall be removed within 30 days after completion or abandonment of the construction work.

1.   Continuance. Any lawful use of land, buildings, or structures existing at the effective date of this Code may be continued , although such use does not conform to the provisions of this Code.

2.   Change of Use. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification, provided a certificate for said change or occupancy has been secured. Whenever a non-conforming use of a building or land has been changed to a more restrictive use or to a conforming use, such use shall not thereafter revert to a less restricted use.

3.   Abandonment. Whenever a non-conforming use of land has been discontinued for a period of one year, the use of the land shall thereafter conform to the regulations of the district in which it is located. Whenever a non-conforming use of a building or structure has been discontinued for a period of two years, the use of the same shall thereafter conform to the regulations of the district in which it is located.

4.   Amortization. All non-conforming junk yards, storage areas, and similar non­conforming uses of open land not involving a substantial investment in permanent buildings shall be removed, altered, or otherwise made to conform within two years of the adoption of this Code. All signs and billboards which exist off the site of their advertised principal use on the date of adoption of this Code, and which are non­conforming in accordance with the regulations of Section 166.03(1)(O) shall be made to conform within two years of the date of this Code.

5.   Restoration. A non-conforming building damaged by fire, act of God, or other causes to the extent of 60.percent or more of its then fair-market value exclusive of its foundations, shall not be restored except in conformity with the regulations of the distrjct.in which it is located, except for a non-conforming use which is located within a floodplain which shall then comply with Section 160.11 of this Code of Ordinances.

6.   Extension. A non-conforming use shall not be extended, but the extension of a lawfu1 use to any portion of a non-conforming building which existed prior to the enactment of this Code shall not be deemed the extension of such non-conforming use.

7.   House Trailers, Trailer Camps, and Mobile Home Parks. Any trailer or mobile home used for dwelling or sleeping quarters, and any trailer camp or mobile home park existing prior to the enactment of this Code, shall within one year after such enactment become an unlawful and prohibited use unless full compliance with the provisions of this Code have been met.

1.   Decision by Board of Adjustment

   A.   The Board of Adjustment shall hear and decide all cases where an application has been filed with the Zoning Administrator for any of the special exceptions provided for in this Zoning Code.

   B.   The Board of Adjustment may authorize the Zoning Administrator to issue a special permit for any of the hereafter enumerated special exceptions after having given a public hearing on said special exception, and subject to such protective restrictions as necessary to protect adjoining property. A special permit authorizing a special exception for any property within a floodplain area shall not be issued prior to receipt of written approval of the Iowa Department of Natural Resources therefore, where such approval is required by statute or State policy.

2.   Uses Permitted by Special Exception. The following uses may be permitted by special exception within the various individual districts as specified and in accordance with Subsection 165.18(1):

   A.   City, County, State, or federal government buildings – all districts.

   B.   Radio towers and radio broadcasting stations – all districts.

   C.   Television towers and television studios – all districts.

   D.   Public utility substations, either publicly or privately owned. Communication stations; pipelines for the transmission of any substance; the type or location of any poles, towers, wires, cables, conduits or any similar distributing equipment of a telephone, telegraph, light, power, gas, pipeline, trucking, or railroad company; except that no permit shall be issued unless any and all equipment used or located thereon shall be housed in a building comparable in appearance and size to the surrounding buildings and houses or the use for which the area is zoned – all districts.

   E.   Correctional and penal institutions provided that such buildings may occupy not more than 50 percent of the total area of the lot or tract and will not have any serious depreciating effect upon the value of the surrounding property, and provided further that the building shall be set back from side and rear yard lines heretofore established an additional distance of not less than one foot for each two feet of additional building height--District A.

   F.   Commercial amusement or recreational developments for temporary, seasonal, or permanent use, such as carnivals, circuses, expositions and fairgrounds – Districts A and B-1 (see Section 166.08).

   G.   Temporary sawmills, batch plants, etc. for processing timber, gravel, sand, rock, cement, concrete, asphaltic concrete, and other like materials for commercial purposes – Districts A and IH (see Section 166.11).

   H.   Airports and private landing fields and hangars – Districts A, IL, and IH (see Sections 166.10 and 166.11).

   I.   Sanitary landfills for the proper dumping of trash or garbage, provided that such use shall not be located nearer than 1,000 feet to any zoned residential district or dwelling other than lessee or owner of the site, including municipally operated or leased sanitary landfill – District A and IH, and only if the proposed landfill has been previously approved by the Department of Natural Resources (see Section 166.11).

   J.   Go-kart tracks, provided that all portions of the “track” itself shall be set back from all property lines a minimum of 250 feet and further provided that all property lines of said use shall be a minimum of 600 feet distant from any adjacent residential district or any existing adjacent residential structure or use other than dwellings owned by the applicant for the track – District A.

   K.   Cow pools, commercial breeding and feeding businesses, and the like, provided the following minimum requirements are met:

      (1)   The housing, feed areas, and exercise grounds of such operations shall be a minimum of 500 feet distant from all property lines.

      (2)   Any storage of animal wastes shall be a minimum of 750 feet distant from all property lines.

      (3)   The drainage of animal wastes shall be restricted to and contained on the operator’s property – District A.

   L.   Mobile Home Parks, provided all requirements of 165.19(4) are met – Districts A, R-2, R-3, and R-P (see Sections 166.05, 166.06, and 166.07).

3.   The following uses are permitted by special exceptions in only the IH, Heavy Industrial District (see Section 166.11):

   A.   Any heavy industrial or manufacturing use that would be objectionable by reason of emitting dust, smoke, gas, noise, fumes, odor, vibration, soot, fire, or explosion; see Subsection 166.19(1). Included in such use classification are the following:

      (1)   Acid manufacture or wholesale storage of acids.

      (2)   Cement, lime, gypsum, or plaster of paris manufacture.

      (3)   Fat rendering.

      (4)   Junk yards of vehicular wrecking yards; scrap iron, scrap paper, or rag storage, sorting or baling; provided they are conducted within a building or where entirely enclosed within the screened confines of a light painted fence, masonry wall, or suitable substitute not less than eight feet in height; and where there is no open storage at a greater height than that of the screening fence or masonry wall.

      (5)   Manufacture of glue, fertilizer, or gas.

      (6)   Meat packing or processing plant.

      (7)   Reduction or dumping of dead animals, garbage, or offal, including distillation of bones.

      (8)   Smelting or reduction of ores or metallurgical products.

      (9)   Slaughter houses and their stockyards.

      (10)   Tanneries.

      (11)   Refining of or wholesale storage of gasoline, fuel oils, and other petroleum products and manufacture or storage of other explosives.

      (12)   Recycling facilities.

      (13)   Commercial composting facilities.

4.   Height and Area Exceptions. The following height and area exceptions may be permitted within the various districts in accordance with Subsection 165.19(1) of this chapter.

   A.   Public, semi-public, or public service buildings, hospitals, institutions, or schools, when permitted in a district, may be erected to a height not exceeding 75 feet, provided that the building is set back from side and rear yard lines heretofore established an additional foot for each two feet of building height above the height limit otherwise imposed in the district in which the building is located.

   B.   Single family and two family dwellings may be increased in height by not more than 10 feet, provided side and rear yards are increased over the yard requirements of the district in which they are located by an additional foot for each two feet of building height above the height limit otherwise imposed in the district in which the building is located; but they shall not exceed three stories in height.

   C.   Chimneys, cooling towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers, scenery lofts, tanks, water towers, ornamental towers and spires, churches steeples, radio and television towers or necessary mechanical apparatus, ventilators, and skylights may be erected to any safe height not in conflict with existing or hereafter adopted regulations of the City.

   D.   Buildings that are to be used for storage purposes only may exceed the maximum number of stories permitted in the district in which they are located, but such buildings shall not exceed the number of feet of building height permitted in such districts.

1.   Designed Commercial Center. In the case of a designed commercial center, upon examination of the plan by the Planning and Zoning Commission, if such plan meets all other requirements, the side yard requirements for each individual building may be waived. In no case, however, shall any portion of such a combined structure be located nearer than 15 feet to any side lot line of the tract on which a building is erected.

2.   Automobile Service Station. In any district where permitted, a filling station shall be subject to the following regulations:

   A.   The area for use by motor vehicles, except access drives thereto, as well as any structures shall not encroach on any required yard area.

   B.   No fuel delivery pump shall be located within 20 feet from any side lot line nor within 35 feet of any street line, and no fuel pump shall be located within 50 feet of the side or rear lot line which lies next to a residence.

   C.   All major repair work shall be done within a completely enclosed building.

   D.   All automobile parts, dismantled vehicles, and merchandise shall be stored within the confines of the building during the hours when the business is not operating.

3.   Motel Development Standards. Motels developed in the “B-2”, Business District shall be developed in accordance with the following standards:

   A.   Minimum Lot Area. The minimum lot area shall be one acre and the access and egress shall be located not closer than 10 feet to the side lot lines. The setback of any structure shall be 50 feet from the front lot line on the street on which the property fronts.

   B.   Yard Requirements. A minimum of 25 feet shall be provided for both side yards and a 30 foot rear yard shall be provided.

   C.   Lot Area Per Unit. A minimum of 1,000 square feet shall be required for each bedroom unit.

   D.   Parking and Sign Regulations. See Section 165.22 and 165.23, respectively.

4.   Location of Mobile Homes. It shall be unlawful for any person, firm, or corporation to park or place any mobile home on the streets, alleys, or highways, any public place, or on any private land within this City, except as is provided by State law and this chapter. This section shall not apply to:

   A.   Mobile Home Parks. Mobile homes parked or placed within duly licensed mobile home parks.

   B.   Dealer's Stock. Mobile homes parked upon private property as part of a dealer’s or a manufacturer’s stock not used as a place for human habitation.

   C.   Existing Mobile Homes. Mobile homes located outside of mobile home parks as of July 24, 1972.

5.   Permanent Occupancy. Mobile homes shall not be used as a permanent dwelling place or for indefinite periods of time, except in accord with this chapter.

6.   Construction. Homes constructed as mobile homes may not be placed on permanent foundations in the city and shall not be hereafter connected to city water or sewer systems, except when located in a mobile home park. The removal of wheels or other supports from a mobile home, with a request to the city to place it on a concrete foundation, connect it to the public utilities, and have same taxed as real estate shall in no way relieve said structure from the provisions of this chapter.

7.   Special Permits. The council, upon application of a mobile home owner, may issue special permits for the location of mobile homes outside mobile home parks. The council shall issue such special permits only when it appears that location within local mobile home parks is impracticable and public health, safety, and welfare interests will not be seriously affected by granting the permit. Special permits shall not be granted for periods in excess of three months, except that an additional 90 day extension of a temporary permit may be granted upon showing of proof that a housing shortage exists in the city. Not more than one mobile home shall be permitted to be located on the same premises outside of mobile home parks.

8.   Application for Special Permit. Application for a special permit shall be accompanied by an inspection fee of $50.00. The application shall contain:

   A.   Description of Mobile Home. A description of the applicant’s mobile home.

   B.   Property Description. A property description of the place where the mobile home will be located.

   C.   Property Owner. The name of the owner of the premises upon which the mobile home will be located together with the written approval from the owner of the premises where the mobile home will be located.

   D.   Sanitation Facilities. Information on sanitation facilities of the mobile home and those available at the place of location.

   E.   Mobile Home Park. A statement concerning the practicability of location within a local mobile park.

   F.   Duration of Permit. A statement of the desired duration of the special permit.

9.   Sanitation Standards. The city shall cause mobile homes located outside of mobile home parks to be inspected, and these mobile homes shall meet the sanitation standards set up for independent mobile homes within mobile home parks.

10.   Emergency and Temporary Parking. Emergency or temporary parking of mobile homes upon the streets, alleys, or highways or any other public or private place for a period not in excess of 20 hours shall not constitute a violation of Subsection 165.19(4), but such parking shall be subject to any prohibitions or regulations contained in other ordinances of this city.

11.   Mobile Home Park License. No person, firm, or corporation shall establish, maintain, conduct, or operate a mobile home park within this city without first obtaining an annual license therefor from the state department of health. No person, firm, or corporation shall construct, expand, remodel, or make alterations to the sanitary facilities in a mobile home park within this City without first obtaining a permit therefor from the state department of health.

Any parcel of land annexed into the City shall hereafter become subject to the provisions of the “A,” Agricultural District until otherwise zoned in accordance with the stipulated amending procedure.

1.   Parking (Off-Street). All parking spaces required hereafter by this chapter shall be on the same tract as the building and shall be hard surfaced with proper drainage being provided, except that upon approval of the Board of Adjustment, the parking spaces may be provided on another tract within 500 feet of said building. Each parking space shall be at least nine feet by 20 feet and shall have proper access to the approaching drive.

Off-street parking spaces, as the Zoning Administrator deems adequate, shall be provided and satisfactorily maintained by the owner of the property; for each building and functioning use in all districts, except the “B-1”, Business District which after the date of enactment of this chapter is erected, enlarged, altered, or newly established in use for any of the following or similar purposes. Spaces shall be provided in numbers not less than hereinafter set out:

   A.   Dwelling, one parking space for each dwelling or family unit.

   B.   Church, school, auditorium, theater, stadium, or similar places of public assemblages, one parking space for each five seats of its capacity in said place of assemblage.

   C.   Hotel, motel, boarding house, mobile home park, one parking space for each guest sleeping room or for each provided site.

   D.   Restaurant, or other eating or drinking establishment, one parking space for each three singular seats.

   E.   Hospitals, clinics, sanitariums, welfare institutions, nursing homes, or similar establishments, one parking space for each 800 square feet of floor area in said building.

   F.   Commercial, business, and industrial buildings, one parking space for each 200 square feet of floor area.

   G.   Office buildings and professional buildings, one parking space for each 400 square feet of floor space in the building or one parking space for each office in such building, whichever provides the greater total number of parking spaces.

2.   Loading (Off-Street). Off-street loading and unloading space with proper access from a street, road, or alley and with at least 14 feet of vertical clearance shall be provided, either within or outside the building so as to adequately serve the use on the lot. All off-street loading and unloading spaces shall be all-weather surfaced with proper drainage being provided in order to avail safe and convenient access and use during all seasons.

1.   All Zoned Property:

   A.   No signs of any size other than street signs or traffic signs erected by a controlling government entity are allowed in the City right-of-way or public-way. The “right-of-way” means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. A “public-way” includes any street, alley, boulevard, parkway, highway, sidewalk, or other public thoroughfare.

2.   Business Signs:

   A.   In Districts “B-1” and “B-2,” signs, any part of which project out from the building from four to 18 inches shall be erected so that no portion of the sign is less than 10 feet above grade.

   B.   Signs which project more than 18 inches from the building must be least 12 feet above grade and may extend a maximum of eight feet provided that they do not extend further than a point two feet in back of the curb face.

   C.   Moving, flashing, or illuminated signs or colored lights that may be confused with traffic lights and therefore be potentially hazardous are not permitted.

   D.   Real estate signs which are not more than six square feet in area and are located a distance of at least one-half the depth of the required front yard behind the front lot line may advertise the sale, rental, or lease of only the premises on which such signs are maintained. Not more than two such signs shall be permitted per 100 feet of lot frontage.

   E.   Freestanding signs (not overhanging the street or alley right of way) are allowed up to a maximum size of 80 square feet.

3.   Industrial Signs:

   A.   In Districts “IL” and “IH,” industrial signs, billboards, or advertising structures shall be permitted subject to the following conditions;

   B.   No sign may extend over the public right-of-way more than six feet or closer than five feet to the curb face unless the bottom point of such sign is at least 14 feet above the top of the curb. In no case shall any projecting sign extend beyond the face of the curb.

   C.   If the sign is illuminated, it shall not be of the flashing beacon type, and if such illuminated sign faces a residential zone district or a residential use in any zone district, it shall be located at least 100 feet away when measured perpendicular to the face of the sign.

4.   Off-Premises Signs. Off-premises advertising signs, digital and commercial directional kiosk signs are each considered a distinct land use and shall be approved by the issuance of a Conditional Use Permit or administratively as set forth in this subsection.

   A.   Off-Premises Sign Regulations. Off-premises signs shall comply with the following criteria:

      (1)   Signs shall be a maximum of 80 square feet.

      (2)   When within one hundred feet of an elevated roadway, the height measured from the bottom of the sign may be a maximum of 10 feet above the elevated roadway.

      (3)   Electronic video display signs shall have an automated dimming feature (photocell) to adjust for lower light and night conditions.

      (4)   Signs shall be located in a nonvehicular area or within a landscape planter.

      (5)   A minimum distance of 660 feet must be maintained between off-premises signs and any controlled-access road facility.

      (6)   A minimum separation of 1,000 feet is required between off-premises signs located on the same side of a street and a separation of 500 feet is required from another off-premises sign located on the opposite side of a street. A minimum separation of 300 feet (including rights-of-way) from single-family residential development shall be maintained. No off-premises advertising sign shall be located within 100 feet of an on-premises sign located on another parcel. The off-premises advertising company shall provide a survey stamped by a registered surveyor or engineer verifying the aforementioned distance separations.

      (7)   Off-premises advertising signs shall be maintained and shall be administratively reviewed on an annual basis to ensure sign maintenance.

      (8)   Failure to maintain signs shall result in a public hearing if applicable before the Planning and Zoning Board to determine the appropriateness of continuing the use.

      (9)   The support structure shall be skirted with a decorative base.

   B.   Denial of Off-Premises Sign. Criteria to deny approval of a Conditional Use Permit may include, but is not limited to, the following:

      (1)   The Conditional Use Permit for the sign is in conflict with the safety and general welfare of the City.

      (2)   The conditional use is not in conformance with the Comprehensive Plan or other approved master plans.

      (3)   A change in community conditions directly related to off-premises advertising.

The following regulations shall apply to all fences and hedges established and located within a front, side, or rear yard, or within five feet of a lot line.

1.   Fence and Hedge Requirements General. All fences and hedges shall comply with the following requirements:

   A.   Maximum Height. No fence or hedge shall exceed six feet in height except fences and hedges located in an R-1, R-2, R-3, or R-P district which are located in the front yard shall not exceed 30 inches in height.

   B.   Height Measurement. In all areas except for the required clear visibility zone, fence height shall be measured from the natural grade at the base of the fence to the uppermost part of the fence. Within the clear visibility zone, fence height shall be measured from surface of the closest adjoining pavement to the uppermost portion of the fence or hedge.

   C.   Location in Relationship to Streets and Alleys. No fence or hedge shall be located within three feet of an alley or five feet of a street right-of-way.

   D.   Barbed Wire and Electric Fences. Fences constructed of barbed wire shall only be allowed in the A, IL, and IH. Electric fences shall only be allowed within the A Zoning District and only for the use in livestock operations with the sole exception of a low-voltage “invisible fence” used to keep dogs on private property. In addition, the following regulations shall apply to the use of barbed wire and electric fences:

      (1)   Barbed wire and electric fences shall not be allowed within five feet of a public sidewalk or within four feet of a street right-of-way where a public sidewalk does not exist.

      (2)   In cases where a barbed wire or electric fence is necessary for the protection of domestic animals, all barbed wire, whether suspended vertically or horizontally, must be at least five feet above the average level grade of the fenced area.

      (3)   No electric fence shall be allowed to carry a charge greater than 25-milliamperes or a pulsating current longer than one-tenth per second in a one-second cycle.

      (4)   All electric fence chargers shall carry the seal of an approved testing laboratory.

2.   Swimming Pool Fences. Fenced enclosures shall be provided for outdoor swimming pools with a depth of 18 inches or more and shall meet the requirements of the most current version of the International Swimming Pool and Spa Code adopted by the City and the following requirements:

   A.   The fence shall not be located within three feet of an alley.

   B.   Front yard fences may not extend into the area of the front yard between the front lot line and front yard setback required by the Zoning Code.

The City Council shall appoint a Zoning Administrator, and it shall be the duty of said Officer to enforce this Zoning Code. It shall also be their duty to examine all applications for certificates and permits, issue certificates and permits for construction and the establishment of uses which are in accordance with the requirements of this Zoning Code, record and file all applications for certificates and permits with accompanying plans and documents, and make such reports as the City Council or the Board of Adjustment may require. Certificates and permits for construction and uses which are a special exception or variance to requirements of this Zoning Code shall be issued only upon order by the Board of Adjustment. The Zoning Administrator may be a person holding other public office in the City or in another city or other governmental subdivision within the local area. ·The City Council is authorized to pay such Zoning Administrator out of the general fund such compensation as it shall deem fit.

1.   Creation and Membership. A Board of Adjustment, to be hereinafter referred to as the Board, is hereby established. The Board shall consist of five members appointed by the City Council. The five members of the first Board appointed shall serve terms of one, two, three, four, and five years, respectively. Thereafter, terms shall be for five years and vacancies shall be filled for the unexpired time of any member whose term becomes vacant. One member of the Toledo Planning and Zoning Commission shall be appointed as an ex-official member who shall have no vote in Board decisions. ·The City Council shall have power to remove any member of the Board for cause upon written charges and after public hearing.

2.   Chairman, Meetings, and Records. The Board hall adopt its own rules of procedure, not in conflict with this chapter or the Code of Iowa, to enable it to perform its functions and duties. The Board shall elect its own Chairman who shall serve for one year. Such Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of Witnesses. All meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine and at such time and place within the City as the Board may determine. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question; or if absent or falling to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be of public record.

3.   Appeals. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the City affected by any decision of the Zoning Administrator. Such appeal shall be taken within a reasonable time of that grievance by filing with the Zoning Administrator from whom the appeal is taken, and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. ·The Zoning Administrator shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Adjustment after the notice of appeal shall have been filed with them that by reason of facts stated in the certificate a stay would, in their opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the Officer from whom the appeal is taken and on due cause shown.

4.   Powers of Board. The Board of Adjustment shall have the following powers:

   A.   To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Chapter or of any ordinance adopted pursuant thereto.

   B.   To hear and decide the following special exceptions to the terms of this Chapter:

      (1)   Those special exceptions of Use, Height, and Area Regulations which are enumerated in Section 165.19 of this chapter.

      (2)   Yard variances for Lots of Record and conversion for dwellings as enumerated in Subsections 165.14(1) and 165.17(4) of this chapter.

      (3)   Exceeding of height limitations in the “IL” and “IH” Districts as enumerated in Paragraphs 166.10(2)(A) and (B) of this chapter.

      (4)   Off-site parking provisions as enumerated in Section 165.22 of this chapter.

   C.   To authorize upon appeal, in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done. The Board shall be satisfied, by the evidence heard before it, that the granting of such variance will alleviate a hardship approaching confiscation as distinguished from special privilege sought by the owner.

5.   Decision. In exercising the above mentioned powers, such Board may in conformity with the provisions of this Chapter reverse or affirm wholly or partly or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made. Such order or requirement may include imposing conditions on the variance or special exception requested. Any condition so imposed must be specific in nature and must be complied with within the time period specified by the Board. The Board shall determine if the conditions imposed have been satisfactorily met. Each day any condition imposed is not met shall be a separate violation of this Chapter.

6.   Relief From Decision. Any person or person jointly or severally aggrieved by any decisions of the Board under the provisions of this Chapter; or any taxpayer, or any officer, department, board, or bureau of the City may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the tiling of the decision in the office of the board, and in accordance with the provisions of the Code of Iowa.

7.   Fee. Any appeal to the Board of Adjustment shall be accompanied by payment of a fee of $100.00 payable to the City Clerk prior to any consideration of the appeal.

1.   The regulations, restrictions, and boundaries established by this chapter may from time to time be amended, supplemented, changed, modified, or reappealed by the City Council or by petition for change by any person or corporation who owns some or all of the subject land to be affected by the petition of change. But no such amendments shall be made by the City Council without first having received a report on such amendment from the Planning and Zoning Commission and without first having given official notice of and having held a public hearing on such amendment as provided by the Code of Iowa. In case of a protest against such change signed by the owners of 20 percent or more, either of the area included in such proposed change or of the area immediately adjacent in the rear thereof extending the depth of one lot or not to exceed 200 feet therefrom, or of those directly opposite thereto extending the depth of one lot or not to exceed 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of at least three-fourths of all the members of the Council.

2.   Fees. Each petition for amendment, except those initiated by the Planning and Zoning Commission or the City Council shall be accompanied by a check payable to the City, or a cash payment sufficient in the amount to cover administrative and publishing costs but in no event shall it be less than $100.00.

Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive or that imposing the higher standard shall govern.

1.   Violation. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter, the City Council, in addition to other remedies, may institute any proper action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use to restrain, correct, or abate such violation to prevent the occupancy of said building, structure, or land or to prevent any illegal act, conduct business or use in or about such premises.

2.   Penalty. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall, upon conviction, be fined not more than $100.00 or imprisoned for not more than 30 days for each offense, and each day that a violation is permitted to exist shall constitute a separate offense.