A.   For the purposes of this chapter, it shall be generally recognized that the type of use is not so important as the manner in which the use is accomplished. It would be impractical, if not impossible, to accurately enumerate all of the uses which would be beneficial or detrimental to the community at large. It is also intended that the districts listed in this chapter shall not be used indiscriminately to permit any use which could be detrimental to the public health, welfare, and safety of the community or its citizens. While the City desires to encourage the development of the community, it shall be done in a responsible manner consistent with the rules and regulations of the City and in accordance with the goals and policies of the comprehensive plan.

B.   The regulations set forth in this chapter specify the uses that are allowed in the various zones under this chapter. (Ord. 1190, 6-17-1996)

A.   Except for single family residential dwellings, uses shown in the matrix as “permitted” (P) are a permitted use by right in the applicable district, however, new construction or expansion of existing structures, or expansion of the area of use or operation, shall require review and site plan development approval by the city.

B.   Uses shown in the matrix as "permitted conditional use permit" (Pc) may be permitted in the applicable district following review and approval by the Board of Adjustment. This requirement shall apply to new uses, as well as the expansion of any use or change in operation.

C.   Each use is subject to all provisions of this title.

D.   Where a proposed land use is not identified in this chapter, the Director of Development Services or their designee shall review the proposed use, based upon the characteristics of the use and operational intentions, to determine which of the uses listed in this chapter is most closely equivalent to that proposed and thus whether to classify the property land use as permitted (P) or as a permitted conditional use (Pc). The proposed use, if determined to be equivalent to an allowed use, shall be subject to review through the process indicated within the matrix.

A.   The following regulations shall be applied to the specific uses listed below in any district where that use is allowed. Any violations of the following zoning regulations in this section may also be deemed to constitute nuisances, and may also be addressed pursuant to the provisions of title 4, chapter 4, "Nuisances", of this Code.

1.   The following vehicles and/or equipment, when parked or maintained within any area zoned for residential purposes, shall be defined as "commercial or industrial storage" and shall constitute a violation of this title, unless determined by the City to be an accessory use of a home occupation in accordance with the standards set forth in this subsection:

a.   Any bus or motor driven passenger vehicle designed for the transport of over nine (9) persons.

b.   Any ambulance equipped with life support systems and used to transport to medical facilities sick and injured persons who require emergency medical care.

c.   Any truck designed primarily for carrying livestock, merchandise, and freight of any kind and having a cargo capacity greater than two (2) tons including dump trucks, flatbed trucks, stake trucks and garbage packers.

d.   Any pickup truck with a cargo box length greater than eight feet (8'), and maximum cargo capacity greater than two (2) tons, provided no more than one pickup truck used for commercial purposes shall be parked or maintained on the premises, regardless of size.

e.   Any light delivery or panel delivery truck greater than twenty feet (20') in length or eight feet (8') in height, provided no more than one panel delivery truck used for commercial purposes shall be parked or maintained on the premises, regardless of size.

f.   Any trailer in excess of twelve feet (12') in overall length, except this subsection shall not be construed to include mobile homes or recreational travel trailers, or trailers for personal recreational uses, regardless of length.

g.   Any truck-tractor (semitruck) or road tractor.

h.   Any backhoe, cement breaker, grader, end loader, dragline, or similar equipment intended to be used, or normally identified with commercial construction, landscaping, residential construction, or commercial or industrial service purposes.

B.   Storage Of Vehicles And Equipment: Storage of a "commercial or industrial vehicle or equipment", as defined in subsections A1b through A1f of this section, on the premises of the resident occupant shall be permitted and considered an accessory use to a "home occupation" for the purposes of this subsection; provided, any commercial or industrial vehicle parked or maintained on the premises shall be limited to a single rear axle; said commercial or industrial vehicle or equipment is owned or operated by the resident occupant; the vehicle or equipment is stored in a standard garage constructed and intended for the storage of passenger cars or vans with overhead door opening not greater than ten feet (10') in height and conforming to setback, yard, height and size restrictions for accessory buildings and garages as specified in this title, and provided, there is no more than one garage on the premises, the vehicle or equipment is concealed from public view at all times during storage, and no more than one vehicle and one item of equipment as described in subsection A1h of this section used for commercial or industrial use is stored on the premises at any time.

1.   This subsection shall not be interpreted to include the following:

a.   Recreational vehicles and vans used for private, noncommercial transport and recreational activities which are used, owned or leased by the person residing on the premises on which the vehicle is being parked and maintained;

b.   Equipment actively engaged in legal construction work upon the premises where the equipment is maintained, and shall exclude such vehicles or equipment only during the period of construction and a reasonable cleanup period thereafter not to exceed forty eight (48) hours;

c.   Equipment and vehicles used as part of an on premises agricultural operation within an undeveloped area of greater than ten (10) acres and zoned for residential purposes;

d.   Equipment stored for private, noncommercial use for on premises landscape and lawn maintenance; and

e.   Pickup trucks, light delivery, and panel trucks of a weight capacity and size less than the standards set forth in subsections A1d and A1e of this section.

C.   Multi-Family Entertainment And Service Centers: Multi-family entertainment and service centers shall be allowed as an accessory use when provided as part of an apartment, condominium, townhouse project, or as an accessory use to a single-family development, and limited primarily to residents and their guests. Multi-family entertainment and service centers shall be designed into the project or development to minimize the negative impact of the use on the surrounding residential properties.

D.   Short Term Rental: All dwellings or dwelling units as defined in Title 8, Chapter 2, Article A of this Code and Chapter 2, Section 2, "Definitions" within this title, offered for a fee for a period of thirty (30) days or less shall be subject to the requirements of Title 8, Chapter 2, Article A, "Building Code", Subsection 15, Rental Housing of this Code, this title, and Iowa Code chapter 423A subject to the exemptions provided therein, and any requirements imposed by the Iowa Department of Inspections and Appeals, except that no inspection fee shall be charged.

E.   Alternative Dwelling Units: The following may serve as dwellings on a short term or long term basis:

F.   Second Dwelling Units: These dwelling units shall conform to all applicable codes for dwellings within the specific zoning district except for the following:

1.   Lot shall meet the minimum bulk regulations for the respective single family zoning district. Lots with second dwelling units are not required to meet the maximum density requirements noted in Section 9-7-4, Table 7.1 of City Code.

2.   Unit shall not exceed one thousand square feet or fifty percent of the size of the single family residence, whichever is larger. Size calculation will include the total above grade gross floor area of the dwelling, including any attached garage.

3.   A second dwelling unit may be detached from or attached to the single family dwelling. Any shared walls between the single family dwelling, or an accessory building and the second dwelling unit must comply with all building and fire protection requirements in City code, including adopted building and fire codes.

4.   Services:

5.   Each dwelling on the property shall have individual entries and direct access to a street.

6.   Parking: No additional off-street parking spaces are required for the second dwelling unit. The new dwelling cannot make the original dwelling deficient to off street parking provisions of Title 9, Chapter 15 in City Code.

A.   The City hereby adopts the "Standard Industrial Classification Manual" (1987 edition) as prepared by the U.S. Office of Management and Budget, as a method of classifying and defining permitted uses in the zoning districts. Any subsequent supplements and amendments to the "Standard Industrial Classification Manual" (SIC) will be incorporated into the land use matrix. In all cases, except where noted by the lack of an SIC code number, the SIC Manual will be used to define uses within a category.

A.   For the purpose of establishing the minimum lot size in the RE and RS Districts, a numerical suffix shall follow the zoning district code. The numerical suffix shall denote the minimum lot size within the subject property.

1.   In the RS District, the lot size suffixes shall be identified in one thousand (1,000) square foot increments for minimum lot sizes between five thousand (5,000) and fifteen thousand (15,000) square feet. For lots greater than fifteen thousand (15,000) square feet in size, the lot size suffix shall be identified in five thousand (5,000) square foot increments.

2.   In the RE District, the lot size suffixes shall identify the minimum lot size in acres and shall be denoted in one-acre increments up to lots of ten (10) acres in size. Lot sizes of greater than ten (10) acres shall be denoted in five (5) acre increments.

3.   Examples:

B.   For the purpose of establishing the maximum density of developments in the RM and RH Districts, a numerical suffix shall follow the zoning district code. The numerical suffix shall denote the maximum density per acre allowed within the subject property.

1.   Examples:

C.   Comprehensive Plan Suffixes:

1.   To identify properties within any zoning district that has specific development standards or conditions identified within the Comprehensive Plan, a suffix of (CP) will be included to notify individuals to refer to the Comprehensive Plan for further requirements.

2.   As an example, single-family residential properties within the Buffalo Road Corridor Subarea of the Comprehensive Plan have a minimum lot size of thirteen thousand (13,000) square feet (except for 5 properties in the area that are 10,000 square foot lots) and other development standards identified in the Comprehensive Plan. Those properties would be identified as follows:

A.   Intent:

1.   The following sections designate the appropriate form and scale (and therefore, character) of residential development. This framework will allow for a common understanding of development characteristics present in residential uses of and promote appropriate transition of different intensities within the City.

2.   Building form regulations are a set of design regulations for controlling building types and how they impact the public realm and the character of the City. Building form regulations can control such things as: the mass of building; unit arrangement; the visibility and accessibility of building entrances and public space along with certain accessory elements such as garages.

3.   Zoning district compatibility requirements designate that the intensity of any proposed residential development will be compatible with other existing residential development in the area. Compatibility requirements compare the density of the proposed development with the surrounding developed properties and place controls on density or building form to assure appropriate intensity transitioning.

B.   Building Type:

1.   Single Family Detached (SF-D): Unit arrangements:

a.   One dwelling per lot. Lot shall meet the minimum bulk regulations for the respective single family zoning district.

b.   One second dwelling unit is allowed on the same lot as a single family dwelling.

2.   Multi Family Detached (MF-D): Unit arrangements: no attachment.

a.   Footprint lots: One dwelling unit per footprint lot, multiple footprint lots are allowed within the common property. Density of units within the common property must meet allowed density of the respective zoning district.

(1)   Typical property regime: Ownership of unit structure and real property. Will have common property providing services to units (i.e., utilities, access), storm water management or buffering requirements. Maintenance and management of common areas provided by an association.

b.   No real property associated with unit: Multiple dwellings are allowed within the common property. Density of units within the common property must meet allowed density of the respective zoning district.

(1)   Typical property regimes: Separate ownership of just the unit envelopes and common property, or one owner of all buildings and common property, will have common property providing services to units (i.e., utilities, access), storm water management or buffering requirements. Maintenance and management of common areas and possibly the dwelling units provided by an association or property manager.

3.   Multi Family Attached Horizontal (MF-AH): Unit arrangements: units are attached only horizontal, no stacked units. Units may be attached along side walls or attached along the side and rear wall.

a.   Footprint lots: One dwelling unit per footprint lot, multiple dwellings are allowed within the common property. Density of units within the common property must meet allowed density of the respective zoning district.

(1)   Typical property regime: Ownership of unit structure and real property. Will have common property providing services to units (i.e., utilities, access), storm water management or buffering requirements. Maintenance and management of common areas provided by an association.

b.   No real property associated with unit: Multiple dwellings are allowed within the common property. Density of units within the common property must meet allowed density of the respective zoning district.

(1)   Typical property regimes: Separate ownership of just the unit envelopes and common property or one owner of all buildings and common property. Will have common property providing services to units (i.e., utilities, access), storm water management or buffering requirements. Maintenance and management of common areas and possibly the dwelling units provided by an association or property manager.

4.   Multi Family Attached Vertical (MF-AH): Unit arrangements: units are attached vertically and may be attached horizontally.

a.   No real property associated with unit: Multiple dwellings are allowed within the common property. Density of units within the common property must meet allowed density of the respective zoning district.

(1)   Typical property regimes: Separate ownership of just the unit envelopes and common property or one owner of all buildings and common property. Will have common property providing services to units (i.e., utilities, access) storm water management or buffering requirements. Maintenance and management of common areas and possibly the dwelling units provided by an association or property manager.

C.   Zoning District Compatibility and Transitioning:

1.   Transition of Densities: To assure an appropriate transition in lot sizes or densities with other existing residential development in the area, any residential development proposed for review and approval after the effective date hear of shall meet the follow requirements:

a.   The density of multi-family developments should not differ more than fifty percent (50%) from the average density of the developed properties within two hundred feet (200') of the subject property.

b.   Developed properties are defined as those properties that are zoned residential and platted as a detached unit residential subdivision prior to the subject property obtaining Final Plat or Site Plan Permit approval.

c.   Proposed development that will not meet the density transition guidelines as noted above, shall mitigate the impact of the development by transitioning the building form within the development as noted below:

2.   Transition of Building Form: To assure compatibility of residential developments that do not meet the density transition noted above, the number of units per building, length of the building and the number of stories per building will be restricted according to the following:

a.   Applicability - Building Mass Buffer will apply as follows:

(1)   Will apply to Medium or High Density Residentially zoned properties with plat or site plan permits approved after October 19, 2012.

(2)   Will not apply to any property with a PUD in existence prior to October 19, 2012.

(3)   Will not apply along an adjacent property when a developing property modifies their zoning classification prior to development of the adjacent property that then triggers the need for the building mass buffer.

b.   Multi Family Zoning Districts - Building Mass Buffer: one hundred fifty (150) feet from any adjacent developed property where the proposed development cannot meet the density transition as provided in Sub Section C1a of this section.

(1)   Buffer is measured from the lower density property line and includes the ROW if a street separates the subject properties.

(2)   Buffer will overlay any required setbacks, landscape buffer park or easements on the property.

c.   Restrictions - Within the Building Mass Buffer, the following shall apply:

(1)   No more than six (6) attached units per building.

(2)   No more than two (2) stories in height.

(3)   Maximum building length (measured from foundation of parallel walls of greatest distance apart):

(A)   Residential Buildings - Maximum length of one hundred and sixty (160) feet.

(B)   Garage Buildings - Maximum length of one hundred (100) feet.

(4)   For every eight (8) garage bays, there must be a total garage building separation of no less than twenty (20) feet.

(5)   The above restrictions apply to the entirety of any building located fully or partially within the Building Mass Buffer.

A.   Introduction: These matrices represent those uses in the applicable Residential Districts which are permitted (P), a permitted conditional use permit (Pc), or not permitted (blank space). The applicable zoning district is

B.   Table Of Contents:

C.   Use Matrices: