A.   Districts Established: The City is hereby divided into districts which shall be designated as follows:

 

   B.   Boundaries: The locations and boundaries of these districts are shown on the Official Zoning Map. (1975 Code § 10-2-1)

The Official Zoning Map, and the explanatory material thereon, is hereby adopted by reference and declared to be a part of this Title. (1975 Code § 10-2-2)

   A.   Certification: The Official Zoning Map shall be identified by the signature of the Mayor and attested to by the City Clerk under the following statement:

(1975 Code § 10-2-3; amd. 1998 Code)

   B.   Map On File: The Official Zoning Map shall be on file in the office of the Clerk and shall be the final authority as to the current zoning status of land, buildings and other structures in the City. (1975 Code § 10-2-3)

   A.   Changes By Amendment: No changes in the Official Zoning Map shall be made except as may be required by amendments to this Title under Section 10-10-1 of this Title. If required, such changes shall be promptly made and the ordinance number, nature of change and date of change shall be noted on the Map, approving such change in the Official Zoning Map.

   B.   Unauthorized Changes: Any unauthorized change of any kind whatsoever in the Official Zoning Map by any person shall constitute a violation of this Title. (1975 Code § 10-2-4)

Where uncertainty exists as to the boundaries of the districts as shown on the Official Zoning Map, the following rules shall apply:

   A.   Boundaries indicated as approximately following the center line of streets, highways or alleys shall be construed to follow such center lines.

   B.   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

   C.   Boundaries indicated as approximately following township lines or section lines shall be construed as following township lines or section lines. (1975 Code § 10-2-5)

   D.   Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks; provided, however, that a zoning district is not divided by said boundary if such is the case, the district boundary shall extend to the railroad right of way as recorded with the County Recorder. (Ord. 5-81, 9-1-1981)

   E.   Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line, shall be construed as moving with the actual shore line. Boundaries indicated as approximately following the center lines of streams or other bodies of water shall be construed to follow such center lines.

   F.   Boundaries indicated as parallel to or extensions of features indicated in subsections A through E above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the Map.

   G.   Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections A through F above, the Board of Adjustment shall interpret the district boundaries. (1975 Code § 10-2-5)

Subject to the provisions of this Title, the following provisions, regulations or exceptions shall apply equally to all districts except as hereinafter provided:

   A.   Visibility At Intersection: On a corner lot in any district except the C-2 General Retail District, no fence, wall, hedge or other planting or structure that will obstruct vision between a height of two feet (2') and ten feet (10') above the center line grades of the intersecting streets shall be erected, placed or maintained within the triangular area formed by connecting the right-of-way lines at points which are twenty five feet (25') distant from the intersection of the right-of-way lines and measured along the right-of-way lines. (1975 Code § 10-2-6)

   B.   Accessory Buildings:

      1.   No accessory buildings, including garages, shall be erected in any required front, side or rear yard and no separate accessory building or garage shall be erected or reconstructed within five feet (5') of any main building (dwelling unit or commercial structures). The five foot (5') dimension shall be measured from the eaves or overhang of each structure.

      2.   The Board of Adjustment may consider the granting of a variance to reconstruct a garage in its original location when the provisions of Section 10-3-3 of this Title are followed. Distance separations shall be found in the Building Code (Title 9, Chapter 2 of this Code) under requirements for group occupancies. (Ord. 5-90, 11-20-1990)

   C.   More Than One Principal Structure On A Lot: In any district, more than one principal structure housing a permitted principal use may be erected on a single lot; provided, that the area, yard and other requirements of this Title shall be met for each structure as though it were on an individual lot.

   D.   Height Regulation Exception: The height limitations contained in this Title for the various districts do not apply to grain storage bins, grain elevators, feed mills or to spires, belfries, cupolas, chimneys, antennas, water tanks, ventilators, elevator housing or other structures placed above the roof level and not intended for human occupancy.

   E.   Use Of Public Right Of Way: No portion of the public road, street or alley right of way shall be used or occupied by an abutting use of land or structures for storage or display purposes, or to provide any parking or loading space required by this Title, or for any other purpose that would obstruct the use or maintenance of the public right of way.

   F.   Proposed Use Not Covered In Title: Any proposed use not covered in this Title as a permitted use or special exception shall be referred to the Planning and Zoning Commission for recommendations to the proper district in which such use should be permitted and this Title amended, as provided in Section 10-10-1 of this Title, before a permit is issued for such proposed use. (1975 Code § 10-2-6)

   G.   Access To Buildings: Every building hereafter erected or structurally altered shall be on a lot or parcel having a frontage on a public street or road. A public street or road shall mean a dedicated and accepted street or road.

   H.   Mobile Homes Or Trailers:

      1.   Mobile homes occupied as a permanent or temporary place of residence shall be located only in an approved mobile home park or mobile home subdivision unless otherwise provided in this title and occupied travel trailers and camping trailers shall be located only in an approved tourist or trailer camp.

      2.   Travel trailers and camping trailers may be stored on the owner's property, provided the zoning district yard requirements are followed. (Ord 5-81, 9-1-1981)

   I.   Hedges And Fences: Fences or hedges shall not exceed four feet (4') in height in any required front yard and shall not exceed six feet (6') in height in any required side or rear yard, subject to the further restriction of subsection A of this section. (1975 Code § 10-2-6)

   J.   Floodplain: The City Manager, Planning and Zoning Commission and the City Council shall use as reference Iowa Code chapter 455A and the Flood Boundary and Floodway Map dated July 18, 2011, provided by the Federal Emergency Management Agency. The Flood Boundary and Floodway Map delineates the floodplain encroachment limits by both topographic maps and water surface elevations for the 100-year flood. The land use and control measures adopted for the floodplain areas shall be as follows:

The Flood Insurance Rate Map (FIRM) for Muscatine County and Incorporated Areas, City of West Liberty, Panels 19139C0009C, 017C, and 028C, dated July 18, 2011, which were prepared as part of the Flood Insurance Study for Muscatine County, is (are) hereby adopted by reference and declared to be the Official Floodplain Zoning Map. The flood profiles and all explanatory material contained with the Flood Insurance Study are also declared to be a part of this subsection J. (Ord. 2011-01, 7-19-2011)

      1.   All new construction or substantial improvements of residential structures within the area of special floodplain shall have the lowest floor (including basement) elevated to or above the level of the 100-year flood, with all attendant utility and sanitary facilities to be floodproofed up to the level of the 100-year flood.

      2.   All new construction or substantial improvements of nonresidential structures within the area of special floodplain shall have the lowest floor (including basement) elevated to or above the level of the 100-year flood, with all attendant utility and sanitary facilities to be floodproofed up to the level of the 100-year flood.

      3.   Existing nonconforming uses in the floodway shall not be expanded but may be modified, altered or repaired to incorporate floodproofing measures, provided such measures do not raise the level of the 100-year flood.

      4.   Prohibits fill or encroachments within the designated floodway that would impair its ability to carry and discharge the waters resulting from the 100-year flood, except where the effect on flood heights is fully offset by stream improvements. (1975 Code § 10-2-6)

      5.   All building permit applications for proposed building construction or improvements in the floodplain area shall be reviewed by the Planning and Zoning Commission, the City Manager and the City Council to ensure that said buildings are designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure; and construction materials and utility equipment used shall be resistant to flood damage, and that construction methods and practices will minimize flood damage. (1975 Code § 10-2-6; amd. 1998 Code)

      6.   All subdivision proposals and other proposed new developments shall be reviewed to assure that all such proposals are consistent with the need to minimize flood damage. All public utilities and facilities, such as sewer, gas, electrical and water systems shall be located, elevated and constructed to minimize or eliminate flood damage and adequate drainage shall be provided so as to reduce exposure to flood hazard.

      7.   New or replacement water supply systems and/or sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding. (1975 Code § 10-2-6)

   K.   Agricultural Uses: Any vacant parcel of land regardless of size in any zoning district may be used for agricultural purposes, the raising of feed and grain crops, fruit, vegetables; provided, however, that no livestock, poultry or other animals other than customary household pets shall be kept on land or in confinement within three hundred feet (300') of any dwelling unit other than that of the owner. Property rezoned to residential or commercial use shall not be required to comply with this section if the Board of Adjustment grants a use variance which will permit the variance from the three hundred foot (300') requirement.

   L.   Fire Limits:

      1.   Limits Designated: The fire limits of the City are herewith established to include the general business district bounded by 2nd Street on the south, 4th Street on the north, Spencer Street on the east and Clay Street on the west.

      2.   Plan Of Proposed Work: It shall be unlawful to build, enlarge or alter any wall, structure, building or part thereof, within the fire limits until a plan of the proposed work, together with a statement of materials to be used, shall have been submitted to the City Council, who shall, if in accordance with the provisions of this Code, issue a permit for the proposed work. (Ord. 5-81, 9-1-1981)

      3.   Removal Of Buildings: The removal of any building not constructed as provided in this subsection from without to within the fire limits or from any part of the fire limits to any other place therein is prohibited.

      4.   Damage And Repair Or Rebuilding: Any building within the fire limits not constructed in accordance with the provisions of this subsection, which may hereafter be damaged by fire, decay or otherwise to the extent of fifty percent (50%) of its current market value, shall not be repaired or rebuilt but shall be torn down or removed. When the damages are less than fifty percent (50%) of its current market value, the building shall not be repaired so as to be higher in value than it was before the damages were sustained, except upon approval of four-fifths (4/5) of the City Council of the plans and specifications of such repairs and rebuilding. (1975 Code § 10-2-6; amd. 1998 Code)

      5.   Arbitration Of Damages: In case a question arises as to the amount or extent of damage by fire or otherwise to any building, the damage shall be determined by three (3) disinterested parties, owners of real estate within the fire limits, one of whom shall be appointed by the owner or agent of the building, the second by the Mayor and the persons thus chosen shall elect a third person, all of whom shall subscribe to an oath to ascertain the damage to the best of their ability and according to the provisions of this subsection, and their decision shall be in writing, shall be final and conclusive, and shall be filed with the City Clerk. No building in regard to which there is a question shall be repaired or rebuilt within the fire limits until such finding has been filed with the Clerk.

      6.   Order To Remove Or Demolish: Any person who shall erect, alter or move any building contrary to the provisions of this subsection shall be given ten (10) days' written notice by the Mayor to remove or tear down the same, and if such removal or taking down is not completed within ten (10) days from the time of service of such notice, the Mayor shall cause the same to be removed or taken down. The Mayor shall report the expense to the City Clerk and the same shall be charged to the person owning such building and collected by the Clerk, or in case the Clerk is unable to collect such cost, the same shall be certified to the County Auditor as a special tax against the property and collected the same as other taxes. (1975 Code § 10-2-6)

   M.   Satellite Antennas:

      1.   Satellite antennas shall be erected or maintained only in the rear yard or mounted on any principal building in any zoning district and the center of the mounting base shall be set back from the rear property line and side property line a minimum distance of ten feet (10').

      2.   No more than one satellite shall be allowed on any lot that is used as a residence. More than one antenna shall be allowed for an industrial or commercial use that is properly zoned for that use.

      3.   A satellite antenna shall not exceed fifteen feet (15') in diameter for any residential use. Satellite antennas may exceed fifteen feet (15') in diameter for commercial or industrial uses that are properly zoned for that use.

      4.   In any residential use, ground mounted satellite antennas shall not exceed fifteen feet (15') in height above the ground; roof mounted satellite antennas shall not exceed ten feet (10') above the roof line.

      5.   All satellite dishes shall meet the following requirements:

         a.   Built and installed in conformance with all applicable City codes;

         b.   Proper permits secured;

         c.   Be a noncombustible and corrosive resistant material; and

         d.   Comply with the manufacturer's specifications unless they are in conflict with City codes, in which case City Code controls. (Ord. 6-85, 9-17-1985)

Subject to the provisions of this Title, the regulations and restrictions of this Title shall apply as follows:

   A.   Regulations Uniformly Applied: The regulations set by this Title shall apply uniformly to each class or kind of structure or land, and particularly within each district, except as hereinafter provided.

   B.   All Uses And Structures To Conform: No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

   C.   Height; Density; Yards: No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, or to have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required or in any other manner contrary to the provisions of this Title.

   D.   Separate Yards, Open Space And Off-Street Parking Required: No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Title shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

   E.   Reducing Minimum Yards And Lot Areas Prohibited: No yard or lot existing at the time of passage of this Title shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date hereof shall meet at least the minimum requirements established by this Title.

   F.   New Areas: All territory which may hereafter become a part of the incorporated area of West Liberty through annexation shall be classified in the A-1 Agricultural District until otherwise classified; provided, however, that the City Planning and Zoning Commission may recommend the appropriate district classification prior to such territory becoming a part of the City and upon the holding of a public hearing and approval by the City Council, the territory, upon becoming a part of the City, may be immediately so classified. (1975 Code § 10-2-7)