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Chapter 96 – Zoning Ordinance

TITLE VII  SPECIAL ORDINANCE 

CHAPTER 96 

                                                                                                 ZONING ORDINANCE

 

 

Section 8-96-1             Adoption and Repeal

Section 8-96-2             Short Title

Section 8-96-3             Intent and Purpose

Section 8-96-4             Compatibility with the Comprehensive Plan

Section 8-96-5             Rules and Definitions

Section 8-96-6             Establishment of Districts and Official Zoning Map

Section 8-96-7             Schedules of District Regulations

Section 8-96-8             A-1 Agricultural

Section 8-96-9             R-1 Single Family Residential

Section 8-96-10           R-2 Single and Two Family Residential

Section 8-96-11           R-3 Multi-Family Residential

Section 8-96-12           R-4 Multi-Family Restricted Residential

Section 8-96-13           MHP Mobile Home Park Residential

Section 8-96-14           C-1 Commercial District

Section 8-96-15           C-2 Central Business District Commercial

Section 8-96-16           M-1 Light Industrial

Section 8-96-17           M-2 Heavy Industrial

Section 8-96-18           P-1 Public Use

Section 8-96-19           Sign Regulations

Section 8-96-20           Fence and Hedge Regulations

Section 8-96-21           Satellite Receiving Dishes Erected and Maintained Only in a Rear Yard

Section 8-96-22           Supplementary District Regulations

Section 8-96-23           Application of Zoning District Regulations  

Section 8-96-24           Non-Conforming Uses

Section 8-96-25           Administration and Enforcement

Section 8-96-26           Permits and Fees

Section 8-96-27           Board of Adjustment

Section 8-96-28           Interpretation of Provisions

Section 8-96-29           Violations and Penalties

Section 8-96-30           Changes and Amendments

Section 8-96-31           Severability

 

SECTION 8-96-1      ADOPTION AND REPEAL.

This is an ordinance amending the Belle Plaine Zoning ordinance which became effective in the year 1994 by repealing said ordinance and all subsequent amendments thereto, and enacting this ordinance in lieu thereof to establish comprehensive zoning regulations for the City of belle Plaine, Iowa, and providing for the administrative enforcement, and amendment thereof; and to repeal all ordinances or resolutions in conflict therewith. This ordinance is adopted by authority of, and for the purpose set forth in the Coe of Iowa and shall be codified as Chapter 96 of the Municipal Code, City of  Belle Plaine, Iowa.

 

SECTION 8-96-2      SHORT TITLE.

This ordinance shall be know, cited, and referred to as the Belle Plaine Zoning Ordinance of 1994.

 

SECTION 8-96-3      INTENT AND PURPOSE.

The Belle Plaine Zoning Ordinance, as set forth in the text and map which constitute this Ordinance, is adopted with the purpose of improving and protecting the public health, safety, comfort, convenience, and general welfare of the people and in accordance with the Code of Iowa Chapter 414.3 (2007). The fulfillment of this purpose is to be accomplished by seeking:

 

            (1)        To lessen congestion on the public streets.

            (2)        To avoid undue concentration of population.

            (3)        To prevent the overcrowding of land, thereby ensuring proper living and working conditions and preventing the development of blight and slums.

            (4)        To establish adequate standards for the provision of light, air, and open spaces.

            (5)        To facilitate and provision of adequate transportation, and of other public requirements and services such as water, sewerage, schools, and parks.

            (6)        To zone all properties with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City.

            (7)        To protect residential, business, commercial, and industrial areas alike from harmful encroachment by incompatible uses and to ensure that land allocated to a class of uses shall not be usurped by other inappropriate uses.

 

            (8)        To avoid the inappropriate development of lands and provide for adequate drainage, curbing of erosion, and reduction of flood damage.

 

            (9)        To fix reasonable standards to which buildings and structures shall conform.

 

            (10)      To prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions or limitations imposed herein.         

 

            (11)      To foster a more rational pattern of relationship between residential, business, commercial, and manufacturing uses for the mutual benefit of all.

 

            (12)      To isolate or control the location of unavoidable nuisance-producing uses.

 

            (13)      To prescribe penalties for any violation of the provisions of this ordinance or of any amendment thereto.

 

            (14)      To avoid the development of land and construction of structures within the flood plain without establishing and achieving appropriate restrictions requirements.

 

SECTION 8-96-4      COMPATIBILITY WITH THE COMPREHENSIVE PLAN.

The standards and requirements contained in this ordinance and the district mapping reflected on the Zoning district Map have all been made in accordance with the officially adopted Comprehensive Community Plan of Belle Plaine, Iowa.

 

SECTION 8-96-5      RULES AND DEFINITIONS.

In the interpretation of this ordinance the rules and definitions of this Section shall be observed and plied, except when the context clearly indicates otherwise.           

 

            (1)        Rules:

 

                        (a)        Words used or defined in one tense or form shall include other tenses and derivative forms.

 

                        (b)        The word “shall” is mandatory.

 

                        (c)        The word “may” is permissive.

 

                        (d)       The words “municipal code” means the Municipal Code of the City of Belle Plaine.

 

                        (e)    The word “person” includes individuals, firms, corporations, associations, and any other similar entities.

 

                        (f)        The word “county” means the County of Benton, Iowa.

 

                        (g)        The word “City” means the City of Belle Plaine.

 

                        (h)        The words “City Council” mean the City Council of the City of Belle Plaine, Iowa.

 

                        (i)         The word “state” means the State of Iowa.

 

                        (j)         In case of any difference of meaning or implication between the text of this ordinance and any caption or illustration, the text shall control.

            (2)        Definitions:

 

                        1.         Accessory Building Structure, or Use–A use or structure subordinate to the principal use of a building or land on the same lot or parcel of ground and serving a purpose customarily incidental to the use of the principal building or use of land.

 

                        2.         Agriculture – The use of land for the purpose of raising and harvesting crops; or for the raising, breeding, or management of livestock, poultry, fish, or honeybees; or for dairying, truck gardening, forestry, nurseries, or orchards; for the noncommercial on – farm storage or processing of agricultural products; or for any similar agricultural, horticultural, silvacultural, or aquacultural use. No farms shall be operated for the disposal of garbage, sewage, rubbish, offal or rendering plants or for the slaughtering of animals, except such animals as have been raised on the premises or have been maintained on the premises for the use and consumption of persons residing on the premises. No land use may be classified as Agriculture unless the said parcel is of at least twenty 20 acres in size.

 

                        3.         Alley – Any dedicated public way affording a secondary means of vehicular access to abutting property, and not intended for general traffic circulation.

 

                        4.         Alterations Structural—Any change in the supporting members of a building such as bearing walls, columns, beams or girders.

 

                        5.         Apartment—A room or suite of rooms used as the dwelling of a family, including bath and culinary accommodations, located in a building in which there are a multiple of these units.

 

                        6.         Balcony—An unroofed platform, unenclosed except by a railing, which projects from the outer wall of any building above ground level with or without support other than the building.

 

                        7.         Basement—That portion of a building which is partly below grade. For the purpose of this ordinance a basement shall not be considered a story unless designed or used for habitable space or business purpose.

 

                        8.         Bed and Breakfast—Any single family or multifamily dwelling unit used for the purpose of overnight or temporary lodging for one (1) or more persons wherein meals may also be provided.

 

                        9.         Board—Board of Adjustment as described in Chapter 414.7 of the Code of Iowa.

 

                        10.       Boarding House—A building other than a hotel or motel where, for compensation and by prearrangement for definite periods, means, or lodging and meals, are provided for three (3) or more persons.

                        11.       Broadcast Tower—A structure for the transmittal or broadcast of radio, television, radar, or microwaves which exceeds the maximum height permitted in the district in which it is located; provided, however that noncommercial radio towers not exceeding fifty (50) feet in height shall not be considered broadcast towers.

 

                        12.       Building—Any structure designed or built for the support, enclosure, shelter or protection of persons, animals chattels, or property of any kind.

 

                        13.       Building Envelope—The area of lot which remains after the minimum yard setbacks, height requirements, and open space requirements of this ordinance have been complied with.

 

                        14.       Building Height of–The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height level between eaves and ridge for gable, hip and gambrel roofs.

 

                        15.       Building Line—A line formed by the face of the building, and for the purposes of this Chapter, a minimum building line is the same as a front setback line.

 

                        16.       (a)        Building Main or Principal—A building in which is conducted the principal use of the lot on which it is situated.

 

                                    (b)        Bulk Station—Distributing stations, commonly known as bulk or tank stations, used for the storage and distribution of flammable liquids or liquefied petroleum products, where the aggregate capacity of all storage tanks is more than twelve thousand (12,000) gallons.

 

                        17.       Cellar—That portion of a building partially or wholly, underground. A cellar shall be non-habitable and shall not be counted as a story.

 

                        18.       Condition Use—The use allowed in a zoning district after approval has been granted by the Zoning Board of Adjustment according to the provisions set forth in Section 86.14 of this ordinance.

                        19.       Child Day Care Facility—A “Child Day Care Facility” is a facility in which six or more children are received for part or all of a day for care and/or instruction. The facility shall be approved and licensed by the State of Iowa. The term “Child Day Care Facility”, includes but is not limited to the following: nursery schools, child care centers, day nurseries, kindergartens, preschools and play groups, but does not include bona fide kindergartens or nursery schools operated by public or private elementary or secondary school systems.

 

                        20.       (a)     Deck—A covered or uncovered platform area projecting from the wall of a building, accessible at or from above grade, and attached to the ground.

 

                                    (b)     District—A section or sections of the City of Belle Plaine within which the regulations governing the use of buildings and premises or the height and area of buildings and premises are uniform.

 

                        21.       Dwelling—Any building or portion thereof which is designed for and used exclusively for residential purposes. Said building shall have an outside dimension of no less than twenty (20) feet by thirty (30) feet, excluding any attached garage, if any.

 

                        22.       Dwelling Single-Family—A building designed with accommodations for exclusive occupancy by one (1) family.

 

                        23.       Dwelling, Two-Family—A building designed with accommodations for occupancy exclusively by two (2) families living independently of each other.

 

                        24.       Dwelling, Multiple—A building designed with accommodations in order to be occupied exclusively by more than two (2) families living independently of each other.

 

                        25.       Family—One (1) person or two (2) or more person related by direct lineal descent, marriage, adoption or placement by a governmental or social service agency, occupying a dwelling unit as a single housekeeping or organization. A family may also be two (2), but not more than two (2) persons not related by blood, marriage or adoption.

 

                        26.       Family Group Care Home—A community-based residential facility which is licensed as a residential care facility under Chapter 135C of the Iowa Code (1993) or as a child foster care facility under Chapter 237 of the Iowa Code (1993) to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for no more than eight (8) developmentally disabled persons and any necessary support personnel. Family Home does not mean an individual foster care home licensed under Chapter 237 of the Iowa Code (1993).

 

                        27.       Farm—An area of not less than ten (10) acres which is used for the growing of the usual farm products such as vegetables, fruits and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals.

 

                        28.       (a)     Feedlot, Commercial—A confined area where 500 or more cattle, swine, sheep, or 30,000 or more fowl are housed, penned, and fed.

 

                                    (b)     Fence—Any barrier or free standing structure composed of posts and wire or boards intended to enclose or keep in or out. Bushes, shrubs or other plant materials hall not be considered a fence.

 

                        29.       Floodplain—Lands which are subject to a one percent or greater chance of flooding in any given year.

 

                        30.       Floor Area—The total area of all floors of a building as measured to the outside surfaces of exterior walls and not including halls, stairways, elevator shafts, attached garages, porches, and balconies when such area is used for storage or other such incidental use.

 

                        31.       Frontage—All the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

 

                        32.       Garage, Private—A building that is subordinate or used for the storage of not more than four (4) motor-driven vehicles owned and used by the occupants of the buildings to which it is accessory. Not more than one (1) of the vehicles may be a commercial vehicle of not more than two (2) ton capacity.

 

                        33.       Garage, Public—A building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles.

 

                        34.       Garage Storage—A building or portion thereof designed or used exclusively for term storage by pre-arrangement of motor driven vehicles, as distinguished from

 

                        35.       Garden House—An accessory structure of not more than 140 square feet in area and having a height of eight (8) feet or less constructed primarily for storage.

 

                        36.       Grade—The average level of the finished surface of the ground adjacent to the exterior walls of the building except when any wall approximately parallels and is not more than five (5) feet from a street line, then the elevation of the street shall be grade. The purpose is to regulate the number of stories and height of a structure.

                        37.       Home Occupation—Any occupation or activity carried on within a dwelling unit or accessory building by a member of the family residing on the premises, which occupation or activity is incidental and secondary to the residential occupancy and does not change the residential character thereof.

 

                        38.       Hotel—A residential building licensed by the State and occupied and used principally as a place of lodging for guests. Hotels may or may not provide meals    and there are usually no cooking facilities in guest rooms.

 

                        39.       Institution—An establishment occupied or operated by a private or public non-profit corporation, association, organization, or group for use or benefit of the general public.

 

                        40.       Junk/Salvage Yard—Any enclosed or fenced in lot or portion thereof where waste, discarded, or salvaged materials are bought, sold, exchanged, baled or packed, disassembled, or handled, including the dismantling or “wrecking” of automobiles or other machinery, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but no including areas where such uses are conducted entirely within a completely enclosed building.

 

                        41.       Kennel—An establishment where small animals are bred, raised, trained, groomed and boarded for compensation, sale or other commercial purposes.

 

                        42.       Loading Space—An off-street space within the main building or on the same lot providing for the standing, loading, or unloading of commercial vehicles, having a minimum dimension of twelve (12) by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.             

 

                        43.       Lot—A parcel of land occupied or intended for occupancy by one main building together with its accessory buildings officially approved and having its principal frontage upon a dedicated street. The boundaries of the lot shall be determined by its lot lines.

 

                        44.       Lot, Corner—A lot abutting upon two (2) or more streets at their intersections.

 

                        45.       Lot, Depth of—The average horizontal distance between the front and rear lot lines.

 

                        46.       Lot, Double Frontage—A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

 

                        47.       Lot, Interior—A lot other than a corner lot.

 

                        48.       Lot, Lines—The lines bounding a lot as define herein:

 

                                    (a)   Front Lot Line: In the case of an interior lot, that line separating said lot from the street. In the case of a corner lot, or double frontage lot, “front lot lines” shall mean that line separating said lot from that street which is designated as the front street in the plat and in the application for a zoning compliance permit.                            

                                    (b)        Rear Lot Line:  That lot line opposite and most distant front lot line. In the case of a lot pointed at the rear or triangular shaped, the rear lot line shall be an imaginary line parallel to the front lot line not less than ten (10) feet long farthest from the lost line and wholly within the lot.

 

                                    (c)        Side Lot Line:  Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot form another lot or lots is an interior side lot line.

 

                        49.       Lot of Record—A lot which is part of a subdivision the plat of which has been recorded in the office of the County Recorder.

 

                        50.       Lot Width—The width of a lot measured at the building line and at right angles to its depth where the minimum building line or setback intersects the side lines.                                  

                        51.       Lot, Reversed Corner—A corner lot, the rear of which abuts the side of another lot.

 

                        52.       Main Building—A building in which is conducted the principal use of the lot upon which it situated.

 

                        53.       Main Use—The principal use to which the premises are devoted and the principal purpose for which the premises exists.

 

                        54.       Manufactured Home—A factory-built dwelling, which is manufactured or constructed under the authority or 42 U.S.C. Sec. 5403, Federal Manufactured Home Construction and Safety Standards, which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home constructed to the Federal Manufactured Home Construction and Safety Standards is not a manufactured home unless it has been converted to real property and is taxed as a             site built dwelling as is provided in Code of Iowa (1993), Section 435.26. For the purpose of any of these regulations, manufactured homes shall be considered the same as a single-family detached dwelling.

 

                        55.       Mobile Home—A vehicle without motive power used, or so originally constructed as to permit being used, as a conveyance upon the public streets or highways and duly licensed as such, and constructed in such a manner as will permit occupancy thereof for human habitation, capable of dwellings, or sleeping             quarters and which is being moved, towed, or transported by another vehicle. This definition shall also include and apply to such vehicles or structures that are located on a permanent or temporary foundation.

 

                        56.       Mobile Home Park—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 intended for such use shall include any building, structure, tent, vehicle, or enclosure intended for use as part of the equipment of such mobile home park.

                        57.       Mobile Home Converted to Real Estate—A mobile home which has been attached to a permanent foundation on real estate owned by the mobile home owner, rendering it totally immobile, and which has been inspected by the assessor, the mobile home vehicle title, registration, and license plates collected from the owner, and the property entered upon the tax roles of Benton County.

 

                        58.       Motel—A building or group of buildings in which lodging is provided and offered primarily to transient occupancy and in which each unit has convenient access to a parking space for the use of the unit’s occupants.

 

                        59.       Multiple Dwelling Unit—A building arranged, designed, and intended for use as a residence by two or more families living independently of each other.

 

                        60.       Nonconforming Building—A building or portion thereof that does not conform to the provisions of this Chapter relative to height, bulk, area or yard size requirements for the district in which it is located.

 

                        61.       Nonconforming Use—An use which lawfully occupied a building or land but does not conform to the provisions of this Chapter relative to height, bulk, area or yard size requirements for the district in which it is located.

 

                        62.       Nursing Home—An institution which is advertised, announced, or maintained for the express or implied purpose of providing nursing or convalescent care for persons unrelated to the licensee. A nursing home is a home for chronic or convalescent patients who, on admission, are not as a rule, acutely   ill and who do not usually require special facilities, such as an operating room, x-ray facilities, laboratory facilities, and obstetrical facilities. A nursing home provides care for persons who have remedial ailments, for which continuing medical and skilled nursing care is indicated; who, however, are not sick enough to require general hospital care. Nursing care is their primary need, but they will require continuing medical supervision. A major factor which distinguished a nursing home is that the residents will require the individualization of medical care. For the purpose of this (zoning) ordinance a “nursing home” shall also be considered a “convalescent home.”

 

                        63.       Open Space—The land area of a site not covered by buildings, right-of-ways, parking structures, or accessory buildings, except recreational structures, and which is available to all occupants of units for whose use the space is intended. “Open Space” does not include school sites and commercial areas.

 

                        64.       Parking Space—A surfaced area, enclosed in the main building or in an accessory building, or unenclosed, having an area of not less than one hundred and eighty (180) square feet exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for vehicles.

 

                        65.       Plan—A comprehensive or General Development Plan of the City of Belle Plaine.

 

                        66.       Principal Use—The main use of land or structures as distinguished fro secondary or accessory use. For example, a house is a principal use in a residential area; a garage or pool is an accessory use.

 

                        67.       Private—In reference to a building, structure, utility, facility, or use, “private” means owned by someone other than a unit of government, or an agency of government, unless the context clearly indicates that “private” is being used in a boarder sense of something not open or available to the general populace.

 

                        68.       Public—In reference to a building, structure, utility, facility, or use, “public” means owned and/or operated by a unit of government or an agency thereof, unless the context clearly indicates that “public” is being used in the broader sense of something available to the general populace.

 

                        69.       Satellite Receiving Dish—An apparatus that allows microwaves to reflect back to an antenna, also commonly referred to as an earth station. A satellite receiving dish and its supporting tower or mountings shall be defined as a “structure” within the meaning of this ordinance and subject to all restrictions pertaining to a structure and no part of such structure shall be allowed to exceed 12 feet in height when the receiving dish is in a perpendicular or a vertical, upright position.

 

                        70.       Setback—The distance required to obtain the front, side or rear yard open space provisions of this Chapter.

 

                        71.       Sign—Any structure or part thereof or device attached thereto  or device attached thereto or painted, or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction, or advertisement. The word “sign” includes the word “billboard”.

 

                        72.       Solar Panel—A device used as a solar energy collector which in cooperation with an energy storage facility and components will distribute          transformed energy throughout a structure.

 

                        73.       Story—That portion of a building, other than a basement not having over 50 percent of its height below grade, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it then the space between the floor and the ceiling next above it.

 

                        74.       Story, Half—A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three (3) feet above the floor of such story, except that any partial story used for residence purposes, other than for janitor or caretaker or his/her family, or by a family occupying the floor immediately below it, shall be deemed a full story.

 

                        75.       Street-An approved public or private thoroughfare which provides the principal means of vehicular access to abutting property and/or for vehicular passage.

 

                        76.       Structure—Anything constructed or erected, the use of which requires more of less permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, gazebos, ground-based satellite dishes, and solar collectors.

 

                        77.       Travel Trailer or Motor Home or Fifth Wheel Camper-Trailer—A vehicle with or 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 to permit the vehicle to be used as a place of human habitation by one or more persons. Said vehicle may be up to eight (8) feet in width and any length provided its length does not exceed 32 feet. If such vehicle shall be customarily or ordinarily used as a place of human habitation for more than 90 days in any 18 month period, it shall be classed as a mobile home, regardless of the size and weight limitation provided herein.

 

                        78.       Trailer Camp or Tourist Camp Ground—An area providing spaces for two or more travel trailers, camping trailers, or tent sites for temporary occupancy, with necessary incidental services, sanitation, and recreation facilities to serve the traveling public

 

                        79.       Variance—The term “Variance” shall mean a modification of the literal provisions of the Zoning Ordinance which would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted the crucial points of variance are (a) undue hardship, (b) unique circumstances and (c) applying to property. The authority to grant variances is vested in the Board of Adjustment pursuant to Chapter 414 of the Code of Iowa.

 

                        80.       Well-A shaft or tube which is sunk into the ground in order to obtain water, oil, etc.         

 

                        81.       Wind Generator/Windmill—A structure which utilizes or is worked by action of wind on the vanes, sails, or propellers in order to generate electricity for private consumption.

 

                        82.       Yard—An open space between a building and the adjoining lot lines unoccupied and unobstructed by any portion of a structure. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot lines and the main building line shall be used.

 

                        83.       Yard, Front—A yard extending across the front of a lot and being the building or any projections thereof other than the projections of the usual uncovered steps. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension, except where owner shall elect to front his building on a street parallel to the lot line having the greater dimension.

 

                        84.       Yard, Rear—A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building line or any projections thereof other than the projections of            uncovered steps. On all lots the rear yard shall be in the rear of the front yard.

 

                        85.       Yard, Side—A yard between the main building line and the side line of the lot, and extending from the required front yard to the required  rear yard, and being the minimum horizontal distance between side lot line and the side of the           main building line or any projections of uncovered steps.

 

 

SECTION 8-96-6      ESTABLISHMENT OF DISTRICTS AND OFFICIAL ZONING MAP.

 

            (1)        Official Zoning Map:

 

                        (a)        Belle Plaine is hereby divided into districts which shall be designated as follows:

                                    A-1      Agricultural

                                    R-1      Single Family Residential

                                    R-2      Single and Two Family Residential

                                    R-3      Multi-Family Residential

                                    R-4      Multi-Family Restricted Residential

                                    MHP   Mobile Home Park

                                    C-1      Highway Commercial

                                    C-2      Central Business District

                                    M-1     Light Industrial

                                    M-2     Heavy Industrial

                                    P-1       Public Use

                                    AR-1   Airport

 

                        (b)        The locations and boundaries of these districts are shown on the official zoning map which together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Chapter.

 

                        (c)        The official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the Seal of the City under the following statement:

 

This is to certify that this is the official Zoning Map referred to in Ordinance 96 of the City of Belle Plaine, passed October 6, 1997.

 

                        (d)       The Official Zoning Map, or a true copy of the same, shall be on file in the office of the City Clerk and shall be final authority as to the correct zoning status of the land, water areas, buildings, and other structures in the City.

 

            (2)        Changes in Official Zoning Map:

 

                        (a)        If in accordance with the provisions of Section 96.17 of this Ordinance and Chapter 414.4 Code of Iowa, changes are made in district boundaries or other matter portrayed on the official Zoning Map, such changes shall be entered on the official Zoning Map promptly after the amendment has been approved by the City Council, with an entry on the official Zoning Map as follows: “By official action of the City Council, the following changes were made on the official Zoning Map.” (Indicating the changes by ordinance numbers and date of publication.) No amendment of this ordinance which involves matter portrayed on the official Zoning Map shall become effective until after such change and entry has been made on said map.

 

                        (b)        Replacement of the official Zoning Map. In the event that the official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Council may be Ordinance adopt a new official Zoning Map which shall supersede the prior official Zoning Map. The new official Zoning Map may correct drafting or other errors or omissions in the prior official Zoning Map, but no such correction shall have the effect of amending the original official Zoning Map or any subsequent amendment thereof. The new official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the Seal of the City under the following words:

 

“This is to certify that this official Zoning Map supersedes and replaces the official Zoning Map adopted as part of Ordinance No. 96 of the City of Belle Plaine, Iowa.”

 

Unless the prior official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.

 

                        (c)        Any unauthorized change, of any kind whatsoever, in the official Zoning Map by any person or persons, shall constitute a violation of this Chapter and be punishable as provided in Section 8-96-16.

 

            (3)        Interpretation of District Boundaries:

Where uncertainty exists as to the boundaries of 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 following corporate limits shall be construed as following corporate limits;

 

                        (d)       Boundaries indicated as following railroad lines shall be construed to be midway between the main right-of-way;

 

                        (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 constructed to move with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, 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 (1) through (5) shall be so construed. Distances not specifically indicated on the official Zoning Map shall be determined by dimensions shown on the map, or in the absence of dimensions, by the scale of the map;

                        (g)         In the case of further uncertainty, and/or where physical or cultural features existing on the ground are at variance with those shown on the official Zoning Map, or in other circumstances are covered by subsections (1) through (6) above, the Board of Adjustment shall interpret the district boundaries.

 

            (4)        Applicability of Regulations:

 

                        (a)        Territorial Application: This ordinance shall apply to all structures, land, and uses within the corporate limits of Belle Plaine, Iowa.

 

                        (b)        Conversion of Use or Building: The conversion of any use or building either to another use or to increase the size or area of the existing use, including the conversion of any building or the conversion of any dwelling to accommodate an increased number of dwelling units, families, or residents, shall be permitted only within a district in which a new building for similar occupancy would be permitted in this ordinance and only when the resulting occupancy will comply with the requirements in such districts, with respect to minimum lot size, lot area per dwelling unit, dimension of yards, height, off street parking and any other applicable requirements.

 

                        (c)        General Prohibition:  No building or structure; no use of any building, structure or land; and no lot of record or zoning lot, hereafter existing, shall be established, altered, moved, divided, or maintained in any manner except in accord with the provisions of this ordinance. 

            (5)        Annexed Territory: All territory which may be annexed to the City of Belle Plaine after adoption of this ordinance shall be classified according to the Planning and Zoning Commission’s recommendations prior to annexation and the territory upon annexation may be immediately so classified. Procedures for classification are established in Section 5.17 of this Ordinance.

 

            (6)        Vacated Streets: Whenever any street, alley, or other public way is vacated by official action of the Council the district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulation of the extended districts.  

 

Whenever any street, alley, or other public way is vacated by official action of the Council, the vacation must be recorded with the Benton County Assessors Office.             The vacation must also be identified at this time on the official Zoning Map.

 

SECTION 8-96-7      SCHEDULES OF DISTRICT REGULATIONS. The following schedules of District Regulations are hereby adopted by reference and declared to be a part of this Chapter:

 

                        A-1 –  Agricultural

                        R-1 –  Medium Density Single Family Residential

                        R-2 –  Single and Two Family Residential

                        R-3 –  Multi-Family Residential

                        R-4 –  Multi-Family Restricted Residential

                        MHP –            Mobile Home Park

                        C-1 —   Highway Commercial

                        C-2 –   Central Business District

                        M-1 – Light Industrial

                        M-2 – Heavy Industrial

                        P-1 –  Public Use

                        AR-1 – Airport

 

SECTION 8-96-8      A-1   AGRICULTURAL. A-1 Agricultural District zoning is intended to maintain and enhance agricultural operations and preserve agricultural lands utilized for crop production or the raising of livestock and to serve as a holding zone for lands where future urban expansion is possible, but not yet appropriate due the lack of urban facilities and services. The preservation of agricultural land is intended to prevent urban sprawl, control the public costs of providing urban services and reduce urban-rural conflicts which arise as a result of premature development of rural areas. The district is further intended to preserve open space and natural resource areas.

 

            (1)        Permitted Principal Uses and Structures.

 

                        (a)     Agriculture, horticulture, dairy farming, poultry farming, livestock farming, general farming, truck gardening, and other agricultural activities.

 

                        (b)        Single family dwellings.

 

                        (c)        Those structures essential to farming operations not otherwise restricted within this ordinance.

 

                        (d)       Parks, playgrounds, and recreation areas.

 

            (2)        Permitted Accessory Uses and Structures.

 

                        (a)        Private garages.

 

                        (b)        Farm buildings incidental to agricultural uses.

 

                        (c)        Private greenhouses or plant nurseries not operated for commercial purposes.

 

                        (d)       Private swimming pools.

 

                        (e)        Accessory uses or structures accessory to the provisions of   Section 86.09.

 

            (3)        Special Exceptions.  The following special exceptions are permitted in the A-1 District subject to provisions of Section 96.15 (F) (4).

 

                        (a)        Public Utilities.

 

                        (b)        Recreational development seasonal or temporary use.

                        (c)        Roadside stand for sale of produce raised on the premises.

 

                        (d)       Dog kennels and dog runs.

 

                        (e)        Greenhouses and plant nurseries operated for commercial purposes.

 

                        (f)        Airport-Meeting or exceeding the most current FAA Standards and Regulations.

 

            (4)        Minimum Lot Areas and Width.  Single family dwelling: Not applicable-Agriculture use or farming requires a minimum of ten (10) acres (i.e. see definition of agriculture in this ordinance.)

 

            (5)        Minimum Yard Requirements:

 

                        (a)        Single family dwelling:

                                    Front – 35 feet

                                    Rear –  35 feet

Side -  25 feet each side plus 2 feet for each story above one

                                    Street Side, Corner Lot – 35 feet

 

A lot of record as of the effective date of this ordinance that has less area or width than therein required may be used for any purpose permitted in this district, provided all other provisions of this ordinance are met.

 

                        (b)        Other permissible uses under this section:

                                    Front – 40 feet

                                    Rear – 40 feet

                                    Side –   25 feet

                                    Street Side, Corner lot – 35 feet

            (6)        Maximum Height – 2 (1/2) stories or 35 feet

 

            (7)        Minimum Off – Street Parking Loading Space.

                        a.         Residential Dwellings – Two (2) spaces for each dwelling unit.                               

            (8)        Special Regulation

 

                        (a)        Provision must be made for disposal of manure, other organic wastes, or chemicals(s) in such a manner as to avoid pollution of ground water or any lake, river, or receiving stream. Livestock confinement buildings for the purpose of raising hogs, poultry or cattle must conform to the provisions of Section 96.07. A. 8 (b) this ordinance.

 

                        (b)        Agricultural uses are permitted with no restrictions as to the operation of such vehicles or machinery as are customarily incidental to     such uses, and with no restrictions to the sale or marketing of products raised on the premises; provided that raising, feeding, housing or sale of livestock or poultry shall be located at least 300 feet from residentially zoned land, and provided further that there  shall be no disposal of garbage, rubbish or offal, other than regular removal, within 300 feet of property residentially or commercially zoned land. Pasturing of livestock shall be restricted to no closer than 100 feet of residentially or commercially zoned land.                                   

(c)        All signage must meet the Sign Regulations described in 96.07 of this ordinance.

 

 

 

 

 

 

 

SECTION 8-96-9      R-1 SINGLE FAMILY RESIDENTIAL.  To preserve and uphold existing single family residential neighborhoods and structures free from other uses except those which are compatible with current land uses of such district.

 

            (1)        Permitted Principal Uses and Structures

 

                        (a)        Single family dwellings

 

                        (b)        Churches and temples

 

                        (c)        Public schools, elementary, junior high and high schools

 

                        (d)       Parochial or private schools having no rooms used regularly for housing or sleeping purposes.

 

                        (e)        Public buildings, public and semi-public parks, playgrounds, community centers, libraries, and museums.

 

                        (f)        Family Group Care Home

 

            (2)        Permitted Accessory Uses and Structures

 

                        (a)        Private garages

 

                        (b)        Private swimming pools with fencing as stated in Section 96.09.

 

                        (c)        Private greenhouses not operated for commercial purposes

 

                        (d)       Garden houses

 

                        (e)        Uses and structures accessory to a principal permitted use or a special exception use are permitted subject to the provisions of Section  96.10.

 

                        (f)        Temporary buildings used in conjunction with construction work, provided that such buildings are removed within thirty (30) days upon completion of the construction work.

 

                        (g)        Satellite receiving dish, when conforming to Ordinance #96.

 

            (3)        Special Exceptions. The following special exceptions are permitted in the R-1 District, subject to provisions of Section 8-96-5 (F) (4).

(a)        Cemetery or mausoleum

 

                        (b)        Public utilities

 

                        (c)        Swimming pools, golf courses and country club, except miniature courses or driving range operated for a profit.

 

                        (d)       Mortuary or funeral home

 

                        (e)        Care facilities

 

                        (f)        Day Care Centers

 

                        (g)        Churches

 

            (4)        Special Requirements  Prior to the transportation of any and all mobile  homes, manufactured homes,             modular homes, or any structures greater in   size than six feet in height within the City of Belle Plaine, it shall first be necessary for the owner of the home or structure to make an application to obtain a temporary permit for the transportation of said home. The application must be made to the City Clerk of the City of Belle Plaine who will issue the permit after an approved route for the transportation of the home is received from the Belle Plaine Chief of Police. The applicant will be required to provide to the City Clerk the insurance carrier, legal name and address of the mover. The mover will be required to provide a certificate of insurance to the City Clerk. The application will also contain the date on which the transporting of the home shall occur. It contains the date on which the transporting of the home shall occur. It will be the responsibility of the transporters to make sure that they contact the Belle Plaine Chief of Police. A violation of the approved transportation route will constitute a misdemeanor offense of Iowa, the Council shall issue a temporary transportation permit.

 

            (5)        Minimum Lot areas and Width

 

                        (a)        Single family dwelling:

                                    Area, 10,000 square feet; Width, 75 feet; Depth, 100 feet

 

A lot of record as of the effective date of this Ordinance that has less area or width than herein required may be used for any purpose permitted in this district, provided all other provisions of this ordinance are met.

 

                        (b)        Other permissible uses:

                                    Area, 10,000 sq. ft.; Width 75, feet

 

            (6)        Minimum Yard Requirements

 

                        (a)        Single family dwellings:

Front – 30 feet-25 feet in all subdivisions platted after 1/15/98

                                    Rear – 35 feet

                                    Side – 7 feet

                                    Street Side, Corner Lot – 20 feet

(b)        All other uses permitted under this section:

                                    Front – 30 feet

                                    Rear – 45 feet

                                    Side – 15 feet

                                    Street Side, Corner Lot – 20 feet

 

            (7)        Maximum Height – 2  ½ stories or 35 feet

 

            (8)        Minimum Off – Street Parking and Loading Space

 

                        (a)        Dwellings

                                    Two (2) spaces for each dwelling unit

 

                        (b)        Church or Temple

                                    One (1) space for each six (6) seats of average seating in the main                                        auditorium.

 

                        (c)        Country Club or Golf Club

                                    Six (6) spaces for each hole.

 

                        (d)       Community Center, Library or Museum

                                    Ten (10) spaces plus one (1) additional space for each 300 sq. ft. of                                     floor area in excess of 2,000 sq. ft.

 

                        (e)        Schools and Public Buildings

                                    One (1) space for each classroom or office room plus one (1) space                          for each ten (10) seats of average seating in the main auditorium,                                                 stadium, or place of public assembly.

 

SECTION 8-96-10    R-2 SINGLE AND TWO FAMILY RESIDENTIAL. To establish and preserve quiet single and two family resident neighborhoods free from other uses except those which are both compatible with and convenient to the residents of such a district.

 

            (1)        Permitted Principal Uses and Structures

 

                        (a)        Single family dwellings.

 

                        (b)        Two family dwellings.

 

                        (c)        Churches and temples.

 

                        (d)       Public schools, elementary, junior high and high schools.

 

                        (e)        Parochial or private schools having no rooms used regularly for housing or sleeping purposes.

 

                        (f)        Public buildings, public and semi-public parks, playgrounds, community centers, libraries, and museums.

 

                        (g)        Family Group Care Home  – District

 

                        (h)        All uses and structures permitted in R-1.

 

            (2)        Permitted Accessory Uses and Structures

 

                        (a)        Private garages.

 

                        (b)        Private swimming pools with fencing as stated in Section 96.09B.

 

                        (c)        Private greenhouses not operated for commercial purposes.

 

                        (d)       Garden houses.

 

                        (e)        Uses and structures accessory to a principal permitted use or a special exception use are permitted subject to the provisions of Sections 96.08, 96.09 and 96.10.

 

                        (f)        Temporary buildings used in conjunction with construction work, provided that buildings are removed within thirty (30) days upon completion of the construction work.

 

                        (g)        Bed and breakfast houses provided that, (1) such usage is limited to 50% or less of the principal dwelling, (2) that one off-street parking space is provided for each rented bedroom, and (3) that proprietors of bed and breakfast facilities register the following information with the City Clerk; The proprietor’s name, the street address of the bed and breakfast, and its business telephone number.

 

            (3)        Special Exceptions. The following special exceptions are permitted in the R-2 District, subject to provisions of Section 96.15 (F) (4).

 

                        (a)        Cemetery or mausoleum.

 

                        (b)        Public utilities.

 

                        (c)        Swimming pools, golf courses and country clubs, except miniature courses or driving ranges operated for a profit.

 

            (4)        Special Requirements.  Prior to the transportation of any and all mobile homes, manufactured homes, modular homes, or any structures greater in size than six feet in height within the City of Belle Plaine, it shall first be necessary for the owner of the home or structure to make an application to obtain a temporary permit for the transportation of said home. The application must be made to the City Clerk of the City of Belle Plaine who will issue the permit after an approved route for the transportation of the home is received from the Belle Plaine Chief of Police. The applicant will be required to provide to the City Clerk the insurance carrier, legal name and address of the mover. The mover will be required to provide a certificate of insurance to the City Clerk. The application will also contain the date on which the transporting of the home shall occur. It will be the responsibility of the transporters to make sure that they comply with the approved transportation route. If any variance is required, they shall contact the Belle Plaine Chief of Police. A violation of the approved transportation route will constitute a misdemeanor offense.

 

Separate or divided ownership of each single-family unit of a two-family dwelling unit, provided the following requirements are met:

 

                        (a)        The lot or parcel of real estate being divided into two parcels allowing separate ownership thereof must originally meet all of the requirements for uses permitted in an R-2 District.

 

                        (b)        A two-family dwelling unit must be in existence or will be constructed thereon, consisting of two laterally attached dwelling units with each unit having a separate access and separate utilities services including gas, water, sewer and electricity.

 

                        (c)        The division of the lot or parcel into two parcels shall be in such a manner as to result in one single-family dwelling unit being located on either side of a common boundary line with the common wall between the two laterally joined single-family dwelling units being on said common boundary line.

 

                        (d)       Prior to division of the lot or parcel into two parcels, there shall be submitted to the Zoning Administrator of the City of Belle Plaine two copies of proposed Restrictive and Protective Covenants providing that the owners of each parcel upon division are jointly and severally liable and responsible for the maintenance and repair of the common wall as well as of all other common aspects including, but not limited to, utilities, water, sanitary sewer, storm sewer, easements and driveways, all to the point of division. The Zoning Administrator shall, within 15 days, determine whether the proposed Covenants meet the requirements of this paragraph and shall thereupon return one copy of the Covenants to the owners, at which time the owners shall have said Covenants recorded at the office of the Benton County Recorder. If the Zoning Administrator determines that the proposed Covenants are not satisfactory, the owner shall be notified and submit a further set of proposed Covenants which shall embody any corrections or clarifications deemed necessary by the Zoning Administrator.

 

                        (e)        The two-family dwelling unit shall, in all other-respects, other than the divided ownership thereof, be considered as any other tow-family apartment dwelling and shall meet all requirements pertaining thereto.

            (5)        Minimum Lot Areas and Width

                        (a)        Single family dwelling:

                                    Area, 7,200 square feet; Width, 60 feet Depth, 100 feet.

 

However, the minimum width and depth dimensions may not be construed to imply a minimum lot size of 7,200 square feet. In regard to overall minimum lot dimensions set by this ordinance, the total area will supersede any conflicting combinations of widths or depths that do not equal the minimum area requirements.

 

A lot or record as of the effective date of this Ordinance that has less area or width than herein required may be used for any    purpose permitted in this district, provided all other provisions of this Ordinance are met.

 

                        (b)        Two family dwelling:

                                    Area, 9,000 square feet; Width, 60 feet; Depth, 100 feet

A lot of record as of the effective date of this Ordinance that has less area or width than herein required may be used for any purpose permitted in this district, provided all other provisions are met.

 

                        (c)        Other permissible uses:

                                    Area, 9,000 square feet; Width 80 feet; Depth, 100 feet.

 

            (6)        Minimum Yard Requirements

 

                        (a)        Single family dwellings:

                                    Front – 30 feet, 25 feet in all subdivisions platted after 1/15/98

                                    Rear – 35 feet

                                    Side – 7 feet

                                    Street Side, Corner Lot – 15 feet

 

                        (b)        Two family dwellings:

                                    Front – 30 feet

                                    Rear – 35 feet

                                    Side – 8 feet

                                    Street Side Corner Lot – 15 feet

 

                        (c)        All other uses permitted under this section:

                                    Front – 30 feet

                                    Rear – 45 feet

                                    Side – 15 feet

                                    Street Side, Corner Lot – 20 feet

(7)        Maximum Height – 2  ½ stories or 35 feet.

 

            (8)        Minimum Off Street Parking and Loading Space

 

                        (a)        Dwellings

                                    Two (2) spaces for each dwelling unit

 

                        (b)        Church or Temple

                                    One (1) space for each six (6) seats of average seating in the main                                        auditorium.

 

                        (c)        Country Club or Golf Club

                                    Six (6) spaces for each hole.

 

                        (d)       Community Center, Library or Museum

                                    Ten (10) spaces plus one (1) additional space for each 300 sq. ft. of                                     floor area in excess of 2,000 sq. ft

 

                        (e)        Schools and Public Buildings

                                    One (1) space for each classroom or office room plus one (1) space                          for each ten (10) seats of average seating in the main auditorium,                                                 stadium, or place of public assembly.

 

SECTION 8-96-11    R-3 MULTI-FAMILY RESIDENTIAL. The R-3 Multiple-Family Residential District is intended to establish and preserve areas containing single-family, two-family, and multiple-family dwellings. It is intended to provide a wide range of housing types while maintaining a moderate density residential character designed to exclude those uses which are not compatible with residential use but permitting certain nonresidential uses which are of particular convenience to the residents of the district.

 

            (1)        Permitted Principal Uses and Structures

 

                        (a)        All uses and structures permitted under R-2.

 

                        (b)        Multi-family dwellings.

 

                        (c)        Mortuary or funeral homes.

                        (d)       Hospitals, clinics, nursing and convalescent homes, and medical offices.

 

                        (e)        Religious, educational, non-profit charitable institutions.

 

                        (f)        Private kindergartens and day nurseries.

 

            (2)        Permitted Accessory Uses and Structures

 

                        (a)        All accessory uses and structures permitted under R-2.

                        (b)        All accessory uses and structures accessory to a principal permitted use or a special exception use are permitted subject to provisions of Section 86.08, 86.09 and 86.10.

 

            (3)        Special Exceptions. The following special exceptions are permitted in the R-3 District, subject to provisions of Section 8-96-15 (F) (4).

                        (a)        All other exceptions permitted under R-2.

 

            (4)        Special Requirements

 

                        (a)        All requirements permitted under R-2.

 

            (5)        Minimum Lot Areas and Width

 

                        (a)        Single and two family dwellings:

                                    The lot areas and widths required within the R-2 District must be                                        met accordingly.

 

                        (b)        Multi-family dwelling:

                                    Area, 10,500 sq. ft.; Plus 2,000 sq. ft. per dwelling unit over four;                                       Width, 75 feet; minimum Depth of not less than 100 feet.                                                    Minimum area supersedes Width and Depth.

 

                        (c)        Other permissible uses:

                                    Area 10,000 sq. ft.; Width 70 feet

            (6)        Minimum Yard Requirements

 

                        (a)        Single, Two-family and Multi-family dwellings:

                                    Front – 30 feet, 25 feet in all subdivisions platted after 1/15/98

                                    Rear – 30 feet

                                    Side: One Story – 7 feet

                                    Side: Two Stories – 10 feet

                                    Side: Three Stories – 12 fee

                                    Street Side, Corner Lot – 15 feet

 

                        (b)        All other uses permitted in this section:

                                    Front – 40 feet

                                    Rear – 40 feet

                                    Side – 20 feet

                                    Street Side, Corner Lots – 25 feet

 

            (7)        Maximum Height – 3 stories or 45 feet

 

            (8)        Minimum Off – Street Parking and Loading Space

 

                        (a)        Dwellings – Two (2) spaces for each dwelling unit plus one (1) space for every two (2) roomers.

 

                        (b)        Other uses permitted – Same as R-1 and R-2

 

SECTION 8-96-12    R-4 MULTI-FAMILY RESTRICTED RESIDENTIAL. The R-4 Multiple-Family Restricted Residential District is intended to establish and preserve areas containing high density multiple-family dwellings. It is intended to provide a wide range of housing types while maintaining a high density residential character designed to exclude those uses which are not compatible with residential use but permitting certain nonresidential uses which are of particular convenience to the residents of the districts.

            (1)        Permitted Principal Uses and Structures

 

                        (a)        Multi-family dwellings.

 

                        (b)        Hotels.

 

                        (c)        Hospitals, clinics, nursing and convalescent homes.

 

                        (d)       Religious, educational, non-profit charitable institutions.

 

                        (e)        Private kindergartens and day nurseries.

 

                        (f)        all permitted principal uses authorized in District R-3.

 

            (2)        Permitted Accessory Uses and Structures

 

                        (a)        All accessory uses and structures permitted under R-3.

 

                        (b)        Uses and structures accessory to a principal permitted use a special exception use are permitted subject to provisions of      Sections 8-96-8, 8-96-9 and 8-96-10.

 

            (3)        Special Exceptions. The following special exceptions are permitted in the R-4 District, subject to provisions of Section 8-96-15 (F) (4)

 

                        (a)        All other exceptions permitted under R-3.

 

            (4)        Special Requirements 

 

                        (a)        All requirements permitted under R-3.

 

 

 

            (5)        Minimum Lot Areas and Width        

(a)        Multi-family dwelling:

                                    Area, 10,500 sq. ft.; Plus 2,000 sq. ft. per dwelling unit over four;                                       Width, 75 feet; minimum Depth of not less than 100 feet.                                                               

                        (b)        Minimum area supersedes Width and Depth as in Section 96.07                                          C.5 (b) above.

 

                        (c)        Other permissible uses:

                                    Area 10,000 sq. ft.; Width 70 feet.

 

            (6)        Minimum Yard Requirements

 

                        (a)        Multifamily dwellings:

                                    Front – 30 feet, 25 feet in all subdivisions platted after 1/15/98

                                    Rear Side – 30 feet

                                    One Story – 7 feet

                                    Two Stories – 10 feet

                                    Three Stories – 12 feet

                                    Street Side, Corner Lot – 20 feet

 

                        (b)        All other uses permitted in this section:

                                    Front – 40 feet

                                    Rear – 40 feet

                                    Side – 20 feet

                                    Street Side, Corner Lots – 25 feet

 

            (7)        Maximum Height – 3 stories or 45 feet. Additional stories, exceeding 45 feet, shall be permitted, provided that for each two (2) feet of building height over forty-five (45) feet, an additional foot (1) shall be added to each of the minimum yard requirements specified within this Section of this ordinance.

 

            (8)        Minimum Off-Street Parking and Loading Space.

 

                        (a)        Dwellings – Two (2) spaces for each dwelling unit plus one (1) space for every two (2) roomers.

            (b)        Other uses permitted – Same as R-3.

 

SECTION 8-96-13    MHP MOBILE HOME PARK RESIDENTIAL. The MHP Mobile Home Park Residential District is intended to accommodate mobile home parks in those areas of the community where such a use will be compatible with existing and projected development. This district will generally be located in outlying areas of the City and should be well served by adequate by adequate sewers, water service, streets, police and fire protection, and similar public facilities and services.

(1)        Permitted Principal Uses and Structures

 

                        (a)        Single-family mobile homes.

                        (b)        Mobile homes designed for two-family use.

 

            (2)        Permitted Accessory Uses and Structures     

 

                        (a)        All accessory uses and structures permitted under R-2, provided they meet the requirements outlined under the R-2 District for said use and structure.

 

                        (b)        Uses and structures accessory to a principal permitted use or a special exception use are permitted subject to provisions of Section 96.08,      96.09 and 86.10.

 

            (3)        Special Exceptions. The following special exceptions are permitted in the MHP District, subject to provisions of Section 8-96-15 (F) (4).

 

                        (a)        All exceptions permitted under R-2, provided they meet the requirements outlined under the R-2 District for said use and structure.

 

            (4)        Special Requirements 

 

                        (a)        Mobile homes converted to real estate must be at least 22 feet wide and must comply with the same yard and area requirements as single-family dwellings in the R-2 District. In addition, the following requirements must be met:

 

                                    (i)         The mobile home shall be located on and permanently attached to a cement slab which is a minimum length of the trailer itself, and of a width of at lest four (4) feet greater than the actual width of the trailer such that the slab extends four (4) feet or more beyond the side of the mobile home on the doorway side.

 

                                    (ii)        Each mobile home shall be permanently connected   to the City sanitary sewer and City water service in accordance with the ordinances, rules, requirements, and regulations of the City of Belle Plaine, Iowa.

 

                                    (iii)       Each mobile home shall have separate and permanent connection to the electric service facilities in accordance with the ordinances, rules, requirements, and regulations of the City of Belle Plaine, Iowa.

 

                                    (iv)       Each mobile home shall comply with all the sanitary and health laws, rules, regulations, and requirements of the State of Iowa, the City of Belle Plaine and further comply with all additional applicable laws, rules, regulations, and requirements of the City of  Belle Plaine and the State of  Iowa.

 

                                    (v)        Prior to the mobile home being located in said District, it shall first be necessary to make an application to obtain a temporary permit for the locations of said home. If the City Council finds the proposed location to be in compliance with all the terms of this ordinance and all the laws, rules, regulations, and requirements of the City of Belle Plaine and the State of Iowa, the Council shall issue a temporary permit.          

 

                                    (vi)       Prior to the transportation of any and all mobile homes, manufactured homes, modular homes, or any structures grater in size than six feet in height within the City of Belle Plaine, it shall first be necessary for the owner of the home or structure to make an application to obtain temporary permit for the transportation of said home. The application must be made to the City Clerk of the City of Belle Plaine who will issue the permit after an approved route for the transportation of the home is received from the Belle Plaine Chief of Police. The applicant will be required to provide to the City Clerk the insurance carrier, legal name and address of the mover. The mover will be required to provide a certificate of insurance to the City Clerk. The transporting of the home shall occur. It will be the responsibility of the transporters to make sure that they comply with the approved transportation route. If any variance is required, they shall contact the Belle Plaine Chief of Police. A violation of the approved transportation route will constitute a misdemeanor offense. 

 

                                    (vii)      Once a temporary permit has been acquired, a further application shall be made to the City Council in order to obtain an occupancy permit. The Council shall then obtain such information and make such inspections as may be necessary to determine that all the terms of this ordinance and other laws, rules, regulations, and requirements of the State of Iowa and the City of Belle Plaine.

 

                                    (viii)     No mobile home shall be located, occupied, or used as a temporary place of residence except in accordance with the provisions of this Ordinance.

 

            (5)        Minimum Lot Areas and Width

A lot of record as of the effective date of this ordnance that has less area or width than here required may be used for any purpose permitted in this district, provided all other provisions of this ordinance are met.

 

                        (a)        Single-family mobile home:

                                    Area, 6,000 square feet; Width, 60 feet; Depth, 100 feet

 

                        (b)        Two-family mobile home:

                                    Area, 6,000 sq. ft.; Plus 1,500 sq. ft. per dwelling unity                                                        over one; Width, 80 feet; minimum Depth of not less than                                                           100 feet. Minimum area supersedes Width and depth as in                                                      8-96-7 D.5 (a) above.

 

                        (c)        Other permissible uses:

                                    Area 10,000 sq. ft; Width 70 feet.

 

            (6)        Minimum Yard Requirements

 

                        (a)        Single, Two-family and Multi-family mobile homes:

                                    Front – 25 feet

                                    Rear – 20 feet

                                    Side:

                                    One Story – 10 feet

                                    Two stories – 15 feet

                                    Street Side, Corner Lots – 15 feet

 

                        (b)        All other uses permitted in this section:

                                    Front – 40 feet

                                    Rear – 40 feet

                                    Side – 20 feet

                                    Street Side – Corner Lots – 25 feet

 

            (7)        Maximum – 1 story or 15 feet.

 

            (8)        Minimum Off-Street Parking and Loading Space

 

                        (a)        Dwellings       

 

SECTION 8-96-14   C-1 COMMERCIAL DISTRICT.              To establish and preserve general commercial areas consisting of shopping centers and commercial strips where customers reach individual business establishments primarily by automobile.

 

            (1)        Permitted Principal Uses and Structures

 

                        Any local Retail business or Service established such as the following:

 

                        Antique Shop

                        Apparel/Clothing (Retail)

                        Auction House

                        Automobile sales, service and repair, service stations, and car washes                                  (note: repair implies mechanical & electrical repairs only). For –                                          Automobile body repair shops see Special Exceptions 96.06 E. 3 (e)

                        Baby Store

                        Bakery (Retail)

                        Banks and financial institutions

                        Barber Shop or Beauty Parlor

                        Bowling alleys, skating rinks, dance halls, theaters, places of amusement,                            golf driving ranges and miniature golf

                        Business and Professional Offices

                        Candy

                        Clothes Cleaning & Laundry Pickup

                        Clothing Store

                        Dairy Retail Store

                        Day Care

                        Drugstore

                        Floral

                        Fruit and Vegetable Market

                        Funeral Homes and Mortuaries

                        Furniture and Appliance

                        Garages, public and private

                        Gas and Petroleum Stations

                        Gift/Variety Shop

                        Government and Public Offices

                        Grocery and Delicatessen

                        Hardware

                        Hobby

                        Hotel, Motel, or Motor Lodge

                        Jewelry

                        Launderette

                        Lumber and Construction Supply

                        Preschool

                        Restaurant, Café, and Soda Fountains

                        Shoe Repair and Retail Sales

                        Sporting Goods

                        Shopping Centers or Malls

                        Storage rental unit

                        All uses and structures permitted under the R-4 District

 

            (2)        Permitted Accessory Uses. Uses and structures accessory to a principal permitted use or a special exceptions use are permitted subject to the provisions of Section 8-96-8, 8-96-9 and 8-96-10.

            (3)        Special Exceptions. The following special exceptions are permitted in the C-2 District, subject      to provisions of Section 8-96-15 (F) (4):

 

                        (a)        Public utilities, veterinary clinics, animal hospitals

 

                        (b)        Feed mills and grain elevators

 

                        (c)        Carnivals, circuses, fairs, road shows                        

                        (d)       Amusement parks

 

                        (e)        Automobile body repair shops

 

 

            (4)        Minimum Lot Areas and Width

 

                        Minimum Lot Area – 10,000 sq. ft.

                        Minimum Width – None

 

A lot of record as of the effective date of this Ordinance that has less area or width than herein required may be used for any purpose permitted in this district, provided all other provisions of this Ordinance are met.

 

            (5)        Minimum Yard Requirements

 

                        Front – 25 feet

Side – None except where abutting on agricultural or residential district a side yard of not less than 10 feet shall be provided.

Rear – None except where abutting on agricultural or residential district a rear yard of not less than 30 feet shall be provided.

 

            (6)        Maximum Height – 2  ½ stories or 35 feet.

 

            (7)        Minimum Off – Street Parking and Loading

 

(a)        Vehicle and Farm Implement Sales, Service and Repair Establishments: One and a one half (1.5) parking spaces for each employee.

 

                        (b)        Bowling Alley – Five (5) spaces for each lane or alley.

 

                        (c)        Dance Halls, Theaters, Places of Amusement, and Skating Rinks.

                                    One (1) space for each 100 sq. ft. of floor area.

 

                        (d)       Motels and Hotels

One (1) space for each unit or suite plus one (1) space for each 200 sq. ft. of  commercial floor area.

 

                        (e)        Barber Shop

                                    One (1) space for each 200 sq. ft. of floor area.

 

                        (f)        Professional and Business Offices Not Listed Elsewhere.

                                    One (1) space for each 100 sq. ft of floor area          

                        (g)        Restaurants, Private Clubs, Night Clubs, Cafes, Taverns.                                                      One (1) space for each 100 sq. ft. of floor area.

 

(h)        Supermarkets, Shopping Centers, Retail Stores, and Service Establishments.

                                    One (1) space for each 150 sq. ft. of floor area outdoor sales space.

 

                        (i)         Furniture, Appliance, Hardware, Building Supplies.

                                    One (1) space for each 250 sq. ft. of floor area.

 

                        (j)         Banks and Financial Institutions.

                                    One (1) space for each 250 sq. ft. of floor area.

 

SECTION 8-96-15    C-2 CENTRAL BUSINESS DISTRICT COMMERCIAL. To establish and preserve a central business district convenient and attractive for a wide range of retail uses and business, government and professional offices and places of amusement in a setting conductive to and safe for a high volume of  pedestrian traffic.            

            (1)        Permitted Principal Uses and Structures       

                        (a)        Apartments, provided that they are located on or above the second floor of the building in which they are located.

 

                        (b)        Commercial amusements.

 

                        (c)        Business offices, professional offices, studios.

 

                        (d)       Personal service and repair shops

 

                        (e)        Financial institutions

 

                        (f)        Retail business

(g)        Restaurants, taverns

 

                        (h)        Wholesale display and sales rooms and offices

 

                        (i)         Private clubs and lodges

 

                        (j)         Business and Vocational Schools

 

                        (k)        Public Utilities

 

                        (l)         Railroads and bus terminals

 

                        (m)       Medical and dental offices

 

                        (n)        Printing, publishing and engraving businesses

                        (o)        Bakery and catering service

 

                        (p)        Laundries and dry cleaning establishments

 

                        (q)        Temples, Churches and Public Buildings

 

            (2)        Permitted Accessory Uses and Structures. Uses and structures accessory to a principal permitted use or a special exception use are permitted subject to the provisions of Section 8-96-8, 8-96-9 and 8-96-10.

 

            (3)        Special Exception: The following special exceptions are permitted in the C-2 District, subject to provisions of Section 8-96-15 (F) (4).

 

                        (a)        Carnivals, circuses, fairs, or road shows.

 

                        (b)        Radio or television broadcasting tower or station.

 

                        (c)        Automobile body repair, Automobile Service shops.

 

                        (d)       Bed and Breakfasts

 

            (4)        Minimum Lot Areas and Width

 

                        (a)        No minimum

 

            (5)        Minimum Yard Requirements

 

                        (a)        Front – No minimum

 

(b)        Corner Lot, Street Side – No minimum for uses permitted under this section.

 

            (6)        Maximum Height – 4 stories or 60 feet

 

            (7)        Minimum Off – Street Parking and Loading Space

 

                        (a)        Parking

                                    (i)         Multi-Family Dwellings

                                                Two (2) spaces for each dwelling unit

 

                                    (ii)        Churches, Temples and Public Buildings

                                                One (1) space for each (6) seats in main auditorium

 

                        (b)        Off Street Loading

One (1) space for each 10,000 square feet of floor area or fraction thereof.

 

                        (c)        Bed and breakfasts

                                    One (1) space for each room or suite

 

SECTION 8-96-16    M-1   LIGHT INDUSTRIAL. To establish and preserve areas for Industrial and related uses of such a nature that they do not create serious problems of compatibility with other kinds of land uses, and to make provision for certain kinds of commercial uses which are necessary to service the immediate needs of people in these areas.

                       

            (1)        Permitted Principal Uses and Structures

 

                        (a)        Animal pound or kennel

 

                        (b)        Contractor’s shop and storage yard

 

                        (c)        Bottling works

 

                        (d)       Dairy processing facility

 

                        (e)        Truck or bus garage and repair shop

 

                        (f)        Farm implement sales, service, repair and assembly

 

                        (g)        Grain elevator and feed mill

(h)        Building material sales and storage

 

                        (i)         Railroads, railroad yards and public utilities

 

                        (j)         Wholesaling and warehousing but not including the bulk storage of liquid fertilizers or flammable liquids

 

                        (k)        Freight terminal

 

                        (l)         Automobile body repair and paint shop

 

                        (m)       Sheet metal products manufacture

 

                        (n)        Frozen food lockers

 

                        (o)        Welding and blacksmith shop

 

                        (p)        Personnel storage lockers and warehouses

 

                        (q)        High technology wholesaling and manufacturing to include electronics, medical biogenetics, computers and software research, and related activities.

            (2)        Permitted Accessory Uses and Structures. Uses and Structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of Section 8-96-8, 8-96-9 and 8-96-10.

 

            (3)        Special Exceptions: The following special exceptions are permitted in the M-1 District, subject to provisions of Section 8-96-15 (F) (4):

 

                        (a)        Radio or television broadcasting tower or station.

 

                        (b)        Carnivals, circuses, fairs, road shows

 

                        (c)        Stock yards and/or sales barns and yards

 

            (4)        Minimum Lot Area

 

                        10,000 sq. ft.

 

A lot of record as of the effective date of this Ordinance that has less area or width than herein required may be used for any purpose permitted in this district, provided all other provisions of this ordinance are met.

 

            (5)        Minimum Yard Requirements

 

                        Front Yard – 20 feet

                        Interior Side Yards – None required

                        Corner Side Yard – 20 feet

                        Rear Yard – None required

 

                        Transitional Yards:

 

Where a side or rear lot line coincides with a side or rear lot line in an adjacent Residence or Commercial District a yard shall be provided along such side or rear lot line and such yard shall be at least equal in depth to that yard required in the abutting district.

 

Where a lot within the M-1 District fronts on a street which forms the boundary line between the M-1 District and a Residence or Commercial District, then such lot shall provide a front yard at least equal in depth to the front yard required in such abutting district.

 

            (6)        Maximum Height

 

                        4 stories or 60 feet.

 

 

(7)        Minimum Off-Street Parking and Loading Space

 

                        (a)        Parking

Warehousing, Storage and Manufacturing: one (1) space for each employee on duty at any one time, plus one (1) for each vehicle used by the industry.

                        (b)        Loading

                                    Off-street Loading: one (1) space, 50 feet by 12 feet, for each                                             20,000 square feet of floor area or fraction thereof.  

SECTION 8-96-17    M-2   HEAVY INDUSTRIAL. To establish and preserve areas for necessary industrial and related uses of such a nature that they required isolation from many other kinds of land uses, and to make provision for commercial uses which are necessary to service the immediate needs of people in their areas.  

 

            (1)        Permitted Principal Uses and Structures       

 

                        (a)        Sheet metal products manufacture.

 

                        (b)        Bulk storage of petroleum products and commercial fertilizers

                        (c)        Asbestos, brick and clay products manufacture

 

                        (d)       Concrete products and central mixing and proportioning plant

 

                        (e)        Flour, feed and grain milling storage

 

                        (f)        Structural iron and steel fabrication

 

                        (g)        Machinery manufacture

 

                        (h)        Paint and varnish manufacture

 

                        (i)         All other uses permitted under M-1

 

            (2)        Permitted Accessory Uses and Structures. Uses and structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of Section 8-96-8, 8-96-9 and 8-96-10.

 

            (3)        Special Exceptions. The following special exceptions are permitted in the M-2 District, subject to provisions of Section 8-96-15 (F) (4):

 

                        (a)        Carnivals, circuses, fairs, road shows

 

                        (b)        Radio-television broadcasting and microwave towers or stations.

 

                        (c)        Materials recycling

 

                        (d)       Fertilizer manufacture.

 

                        (e)        Junk yards, including automobile wrecking and/or salvage. 

                        (f)        Stock yards, slaughter houses, poultry processing and packaging, and/or sale barns and yards.           

 

                        (g)        Explosive manufacture or storage

 

                        (h)        Acid manufacture

 

            (4)        Minimum Lot Areas and Width

                        None

 

            (5)        Minimum Yard Requirements

 

                        Front Yard – Minimum of 35 feet

                        Interior Side Yard – Minimum of 15 feet each

                        Corner Side Yard – Minimum of 25 feet

                        Rear Yard – Minimum of 25 feet

 

                        Transitional Yards:

 

Where a side or rear lot line coincides with a side or rear lot line in an adjacent Residence or Commercial District, or an existing residential use, a yard shall be provided along such side or rear lot line not less than 45 feet in depth and shall contain landscaping and planting so designed and/or planted to provide an effective visual screen, when viewed horizontally, between 2 feet and 8 feet above average ground level.

Where a lot within M-2 District fronts on a street which forms a boundary line between the M-2 District and a Residential or Commercial District, or an existing residential use, then such lot shall have a front yard of not less than 45 feet in depth. Parking shall not be permitted therein and such yard shall be appropriately landscaped with grass and/or other suitable plantings.

 

            (6)        Maximum Height

 

                        4 stories or 60 feet

 

 

 

 

            (7)        Minimum Off-Street Parking and Loading Space

 

                        (a)        Parking –

Warehousing, Storage and Manufacturing: one (1) space for each Employee on duty at any one time, plus one (1) for each vehicle used by the Industry.

 

                        (b)        Loading –

Off-street Loading: one (1) space, 50 feet by 12 feet, for each 20,000 square feet of floor area or fraction thereof.                 

 

SECTION 8-96-18    P-1  PUBLIC USE. It is intended that the Public Use (P-1) district provide reference on the zoning map to public uses of land. Thus land owned by the City of Belle Plaine, United States Federal Government, the State of Iowa, Benton County, or the Belle Plaine Community School District, will be designated Public Use.

 

            (1)        Permitted Principal Uses and Structures

 

                        (a)        Use of land, buildings or structures of the aforementioned governmental entities or political subdivisions thereof.  

                        (b)        Agriculture

 

            (2)        Permitted Accessory Uses and Structures

                        Uses subject to the provisions of Section 8-96-9.

 

            (3)        Special Exceptions

                        None

            (4)        Minimum Lot Areas and Width

                        None

 

            (5)        Minimum Yard Requirements

 

                        None

 

            (6)        Maximum Height

 

                        None

 

            (7)        Minimum Off-Street Parking and Loading Spaces

 

                        None

SECTION 8-96-19    SIGN REGULATIONS. Regulations of the side, location, and certain features of signs is necessary to enable the public to locate goods, services, and facilities without disruption to surrounding areas; to prevent wasteful use of natural resources; to prevent hazards to life and property; and to assure the continued attractiveness of the community.

 

            (1)        Nameplates. Signs bearing only property numbers, postal box numbers, names of occupants of premises, private parking, or other identification of premises are permitted within all residential districts; and

                        (a)        Shall not exceed tow (2) square feet in area.

 

                        (b)        Must be attached to a structure.

 

            (2)        Church or Public Bulletin Boards

                        (a)        All church bulletin boards which are on church property are permitted in all districts.

 

                        (b)        Public bulletin boards are permitted in C-1, C-2 and public parks, schools, and public places.

 

                                    (i)         Any signs shall not exceed 25 square feet

 

            (3)        Temporary Signs Advertising the Lease or Sale of the Premises or Items on the Premises.

 

                        (a)        Not to be placed in street right-of-way in any district.

 

                        (b)        Not to exceed ten (10) square feet in total area in the following districts: A-1, R-1 through R-4, MHP, and C-2.

                        (c)        Not to exceed twelve (12) square feet in total area in the following districts: C-1, M-1, M-2.

 

                        (d)       All temporary signs must be removed seven (7) days after closing date of sale.

 

            (4)        Billboards and Advertising Signs:

 

                        (a)        The City of Belle Plaine will require that all persons wishing to erect a billboard or advertising sign, in any district, must first notify the City official in charge of permits. If the billboard or advertising sign meets the requirements as put forth in this section, the permit official will issue a free permit for the sign.

 

                        (b)        All signs erected according to this section must meet all other requirements for the district in which they are located. No sign may be placed or extended into the area between the lot-line and any set-back requirement in any district.

 

                        (c)        All signs erected according to this section must meet all other applicable federal and state laws even though said federal and state laws may not be exhibited in this Code.

 

                        (d)       Unrestricted size permitted in A-1 district, provided:

 

                                    (i)         They are not within one hundred (100) feet of any residential district.

 

                                    (ii)        They are not within one hundred (100) feet of an intersection, highway structure, or residence, or another billboard.

 

                                    (iii)       They are not within one hundred (100) feet of a park, school, cemetery, public, or semipublic building.   

 

 

                                    (iv)       They are not within seventy-five (75) feet of the center line of a city or county road, or one hundred (100) feet of state or federal highway.

                        (e)        Permitted in C-2 district, provided:

 

                                    (i)         That they are not to exceed twenty-five (25) square feet in area and are attached to the building in which the establishment is located and shall not be within twenty (20) feet of any residential district or use.

 

                        (f)        Permitted in C-1 district provided:

 

                                    (i)         That they are not to exceed 100 square feet in area and shall not be within thirty (30) feet of any residential district or use.

 

                        (g)        Unrestricted size permitted in M-1 and M-2 districts, provided:

 

                                    (i)         They are not within fifty (50) feet of any residential district.

 

                                    (ii)        They are not within one hundred (100) feet of an intersection, highway structure, or residence, or another billboard.

 

                                    (iii)       They are not within one hundred (100) feet of a park, school, cemetery, public, or semipublic building.

 

                                    (vi)       They are not within seventy-five (75) feet of the center line of a city or country road, or one hundred (100) feet of state or federal highway.

 

            (5)        Illumination of Externally Visible Signs and Nameplates

 

                        (a)        Shall not exceed 200 watts total and shall be lighted only with non-intermittent lighting in the following zone districts:  R-1 through R-4, intermittent lighting shall be allowed in zone districts M-1, M-2, C-1 and dwellings in C-2.

 

                        (b)        Shall not exceed 600 watts per externally visible sign or total watts of 700 for all externally visible signs on the premises and shall be lighted only with non-intermittent lighting in a C-1 district.

 

                        (c)        All signs resembling traffic lights or other safety lights are strictly prohibited in all districts.

 

                        (d)       No further restrictions apply to other districts or uses.

 

            (6)        All signs and billboards shall be maintained in a neat and presentable condition and in the event their use shall cease, they shall be removed within 60 days of the date that their use ceases and the surrounding area restored to a condition free from refuse and rubbish.           

 

SECTION 8-96-20    FENCE, AND HEDGE REGULATIONS

 

            (1)        Fences and hedges when located within a front, side or rear yard, or within five (5) feet of a lot line shall be subject to the following location and height restrictions:

 

                        (a)        No portion of a fence shall exceed seven (7) feet in height.

 

                        (b)        Fences and hedges shall be located so no part thereof is within three (3) feet of an alley one and one-half ( 1 ½) feet of a street right-of-way.

 

                        (c)        In residential districts, fences within the front yard shall not exceed four (4) feet in height.

 

                        (d)       Before issuing a permit for a fence proposed to be located on a lot-line that is shared by two different property owners, the City of Belle Plaine will require the following conditions to be met:

 

                                    (i)         The owners of the properties that share the lot-line on which the proposed fence will be located must sign a written agreement that outlines the material the fence will be constructed from, the location of the fence, the height of the fence, and the agreement of both property owners to all of the above conditions.

 

                                    (ii)        The agreement must then be filed with the County Recorder.                                  

                                    (iii)       A copy of the agreement and proof of its filing with             the County Recorder must be presented to the City official responsible for the issuing of fence permits before the permit will be issued.

 

                                    (iv)       If agreement cannot be reached between the             property owners on a shared lot-line fence, any fence constructed on either property must be a minimum of (3) feet from said shared lot-line.

            (2)        Fenced enclosures shall be provided for outdoor swimming pools with a depth of eighteen (18) inches or more, and shall be subject to the following requirements.

 

                        (a)        Fences must be at least six (6) feet in height from ground level but not to exceed seven (7) feet from the top rim of the pool, and have no spaces that would allow a two (2) inch diameter sphere to pass through  non-climbable, be chain link or vertical flat fencing. Chicken wire, deer or snow fence in not acceptable.

(b)        Fences must have a self-closing and self-latching device on the gate.

 

                        (c)        Fences must be located so no part thereof is within three (3) feet of an alley or three (3) of a street right-of-way.

 

            (3)        Barbed wire and electric fences shall be subject to the following requirements:

 

                        (a)        Barbed wire and electric fences shall not be allowed in residential or commercial zones.

 

                        (b)        Barbed wire and electric fences shall be prohibited within five (5) feet of a public sidewalk or within four (4) feet of a street right-of-way where a public sidewalk does not exist.          

                        (c)        Electric fences shall not be permitted in any district except for the enclosure of livestock operations in Agricultural zones. (A-1).

 

                        (d)       No electric fence shall carry a charge greater than twenty-five (25) milliampgeres nor a pulsating current longer than one-tenth ( 1/10)           per second in a one-second cycle. All electric fence chargers shall carry the seal of an approved testing laboratory.

 

SECTION 8-96-21    SATELLITE RECEIVING DISHES MAY BE ERECTED AND MAINTAINED ONLY IN A REAR YARD.

 

 

 

SECTION  8-96-22   SUPPLEMENTARY DISTRICT REGULATIONS.

 

            (1)        Visibility at Intersection: On a corner lot in any agricultural or residential district, no fence, wall, hedge or other planting, signs or structure that will obstruct vision between a height of two and one-half (2 ½) feet and ten (10) feet above the centerline grades of the intersecting street shall be erected, placed or maintained within the triangular area formed, the right-of-way liens as such corner and a straight line joining said right-of-way lines at points which are twenty-five (25) feet distant form the intersection of the right-of-way lines, and measured along the right-of-way lines.

 

            (2)        Accessory Building and Structures: No accessory building or structure shall be erected more than one hundred and twenty (120) days prior to the time of completion of the construction or establishment of the principal structure or use to which it is accessory. Accessory buildings and structures shall be limited to eighteen (18) feet in height, and shall be in distance at least five (5) feet from any main buildings and two (2) feet from the property line. No accessory building or structure shall be erected in any yard other than a rear yard and it shall occupy less than thirty percent (30%) of the required rear yard except for private garage. Private garages must meet minimum principal structure front and side yard requirements. All accessory buildings and private garages over two hundred eight (280) square feet must be constructed so that the overhang of the accessory building and the private garage match the overhang of the house.

 

            (3)        One Principal Structure on a Lot: In any district, more than one (1) principal structure housing a permitted principal use may be erected on a single lot provided that the area, yard, and other requirements of this Code shall be met for each structure as though it were on an individual lot.

 

            (4)        Height Regulation Exception: The height limitations contained in the schedules of District Regulations do not apply to spires, belfries, cupolas, chimneys, antennas, water tanks, ventilators, elevator housing, or other structures placed above the roof level and not intended for human use or occupancy.

 

            (5)        Use of Public Right of Way: No portion of the public 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 Ordinance, or for any other purpose that would obstruct the use or maintenance or the public right of way.

 

            (6)        Mobile Homes or Trailers: Mobile homes or trailers occupied as a permanent or temporary place of residence shall be located only in an approved mobile home park district as described by this Code.

 

Prior to the transportation of any and all mobile homes, manufactured homes, or modular homes within the City of  Belle Plaine in said District, it shall first be necessary to make an application to obtain a temporary permit for the transportation of said home. If the City Council finds the proposed route of travel to be in compliance with all the terms of this Ordinance and al the laws, rules, regulations, and requirements of the City of Belle Plaine and the State of Iowa, the Council shall issue a temporary transportation permit.

 

            (7)        Proposed Use Not Covered in this Code: Any proposed use not covered in this code as a permitted use or special exception shall be referred to the Planning and Zoning Commission for a recommendation as to the proper district in which such use should be permitted and the Code amended by the Council as provided in Section 8-86-17 before a permit is issued for such proposed use.

 

            (8)        Building to Have Access: Every Building hereafter erected or structurally altered shall be on a lot having frontage on a public street.

 

            (9)        Handicapped Car Parking: Where handicapped parking spaces are required by state law, a minimum of two (2) percent of the vehicle capacity of the off-street parking area shall be so designated by the proper signs and insignia.

 

            (10)      Home Occupation: Is allowed in all residential zones provided that no home occupation shall be permitted when it is associated with the following characteristics:

 

                        (a)        Any commodity sold upon the premises except that which is conducted on the premise.

 

                        (b)        Any disturbance such as noise, vibration, smoke, dust, odor, heat or glare beyond the confines of the dwelling unit or accessory building.

 

                        (c)        Any exterior display, exterior storage of materials, signs (except as otherwise permitted), house calls after 10:00 p.m. or before 7:00 a.m., or other indication from the exterior that the dwelling unit or accessory building is being used in part for any use other than that of a dwelling or accessory building for purely residential purposes.

 

                        (d)       Employees other than those residing on the premises.

 

                        (e)        Utilizes no more than two on-street parking spaces at any one time.

 

SECTION 8-96-23    APPLICATION OF ZONING DISTRICT REGULATIONS.

 

            (1)        Regulations to be Uniformly Applied: The regulations set by this Chapter shall apply uniformly within each district to each class or kind of structure or land, except as hereinafter provided.

 

            (2)        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.

            (3)        Height, Density, or Yards Shall Not be Violated: 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 to the open spaces than herein required or in any other manner contrary to the provisions of this Code.

 

            (4)        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 purposes of complying with this Code, shall be included as a part of a yard, open space, or off-street parking, or loading space similarly required for any other building.

 

            (5)        Minimum Yards and Lot Areas Shall Not be Reduced: No yard or lot existing at the time of passage of this Code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Code shall meet at least the minimum requirements established by this Code.

 

SECTION 8-96-24    NON-CONFORMING USES

 

            (1)        Intent

                        (a)        If within the districts established by this Chapter or amendments that may later be adopted there exist lots, structures, and use of land and structures which were lawful of land and structures which were lawful before this Code was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Code or future amendments, it is the intent of this Code to permit these non-conformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this Code to be incompatible with permitted uses in the districts involved.

 

                        (b)        It is further the intent of the Code that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures, signs or uses prohibited elsewhere in the same district.

 

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

 

            (2)        Non-Conforming Lots of Record

 

A lot of record as of the effective date of this Ordinance that has less area or width than herein required that has less area or width than herein required may be used for any purpose permitted in the district in which it is located, provided all other provisions of this ordinance are met.

 

            (3)        Non-Conforming Uses of Land

 

Where, at the effective date of adoption or amendment of this Code, lawful use of land exists that is mage no longer permissible under the terms of this Code as enacted and amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

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

 

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

 

                        (d)       If any such non-conforming use of land ceases for any reason for a period of more than one hundred eighty days (180), any subsequent use of such land shall conform to the regulations specified by this Code for the district in which such land is located.

            (4)        Non-Conforming Uses of Structures

 

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

 

                        (a)        No such structure may be enlarged or altered in a way which increases its non-conformity.

 

                        (b)        Should such structure by destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Code. The determination of the replacement cost must be determined by a licensed property appraiser.

 

            (5)        Non-Conforming Uses of Structures                         

 

If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this Code, that would not be allowed in the district under the terms of this Code, the lawful use may be        continued so long as it remains otherwise lawful, subject to the following provisions:

 

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

 

                        (b)        Any non-conforming use may be extended throughout any parts of a building which wee manifestly arranged or designed for such use at the time of adoption or amendment of this Code, but no such use shall be extended to occupy any land outside such building:

 

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

 

                        (d)       When a non-conforming use of a structure, land, or structure and land in combination, is discontinued or abandoned for six (6) consecutive months, the structure thereafter shall not be used except in conformance with regulations of the district in which it is located;

 

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

 

            (6)        Repairs or Maintenance

 

                        (a)        On any building devoted in whole or in part to any non-conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding content of the building as it existed at the time of passage or amendment of this Code shall not be increased.

 

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

 

            (7)        Uses Under Exception Provisions Not Non-Conforming Uses

USES

Any use for which a special exception is permitted as provided in this Chapter shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district.

 

SECTION 8-96-25    ADMINISTRATION AND ENFORCEMENT

 

            (1)        ADMININISTRATION AND ENFORCEMENT

 

                        (a)        An administrative officer designated by the City Council shall administer and enforce this ordinance. He or she may be provided with the assistance of such other persons as the City Council may direct.

 

                        (b)        If the administrative officer shall find that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Code to insure compliance with or to prevent violation of its provisions.

 

            (2)        APPEALS OF THE DECISION OF THE ADMINISTRATIVE OFFICER.

 

Appeals form any decision of the administrative officer may be taken to the Board of Adjustment as provided in Section 8-96-14 (F) (2).

 

SECTION 8-96-26    PERMITS AND FEES.

 

            (1)        Construction Permit. No buildings or fences shall hereafter be erected, reconstructed or structurally altered nor shall work be started upon same until a construction permit for same has been issued by the Zoning Administrator which permit shall state that the proposed building complies with all provisions of this Code. This permit is valid for one (1) year following issuance for one and two-family dwellings and fences, and eighteen (18) months for multi-family, commercial and industrial structures. Any structures less than fifty (50) square feet and erection of fences are exempt from building permit but must comply with all laws and ordinances which might regulate such structures or fences.

 

            (2)        Fees

 

                        (a)        The Zoning Administrator officer is directed to issue permits, under the Zoning Ordinance, for the construction or alteration of residential, commercial, industrial buildings, and fences to charge fees therefore in such amounts as may be established from time to time by resolution of the City Council. There is no building permit fee for fences.  Such fees as are required shall be credited to the General Fund of the City of Belle Plaine, Iowa. Building permits shall be issued without charge, however, to:

 

                                    (i)   The United Sates Government or any political subdivision thereof, and

                                    (ii)   The State of Iowa or any political subdivisions thereof, and

                                    (iii)   To any religious group for the construction of a church or parochial school.

 

            (3)        Permit Violation of Construction Time Line. When a construction permit is issued and the building or structure is not completed within three hundred sixty-five (365) days the owner shall be guilty of a municipal infraction and shall be fined $500.00, and shall be required to obtain a ninety (90) day building permit extension. If the building , structure or fence is not completed within (90) day extension period, the owner shall be guilty of a municipal infraction and shall be fined not more than $750.00. The property owner shall then appear before the City Council and present a proposal to complete the construction of the building or fence. The City Council shall consider each case on its own merits and circumstances.

 

SECTION 8-96-27    BOARD OF ADJUSTMENT.

   

            (1)        Creation and Membership. A Board of Adjustment is hereby established. The Board shall consist of vie (5) members to be appointed for a term of five (5) members to be appointed for a term of five (5) years excepting that when the Board shall first be created one member shall be appointed for a term of three (3) years, one for a term of two (2) years, and one for a term of one (1) year. Members of the Board of Adjustment may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies shall be filled by the City Council for the unexpired term of the member affected.

 

Membership of the Board of Adjustment can consist of members of the Planning and Zoning Board. However, Planning Zoning Board membership on the Board of Adjustment can never be the majority membership of the Board of Adjustment.

 

            (2)        Proceedings of the Board of Adjustment. The Board of Adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this Code. Meetings shall be held at the call of the chairperson and at such other times as the Board may determine. The chairperson, or in his or her absence the acting chairman, may administer oaths and compel attendance of witnesses. All meetings hall be open to the public.

 

The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Administrative officer and shall be a public record.

 

            (3)        Finality of Decisions and Necessary Vote. All decisions and findings of the Board on any appeal or upon any application for a variance or conditional use, after a public hearing, shall, in all instances, be the final administrative decision and shall be subject to judicial review as by law may be provided.

 

                        (a)        The quorum for a Board of Adjustment meeting shall consist of no less than three (3) of the five (5) members attending. A quorum shall be necessary for a meeting to be considered as an official meeting which allows the Board to take action on any issue before it.

 

                        (b)        The concurring vote of three (3) members of the Board shall be necessary to reverse an order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance or to effect any variation in the application of this chapter.

 

                        (c)        Any issue which receives less than three (3) concurring votes of the members present at an official meeting shall be considered defeated.

 

            (4)        Appeals From the Board of Adjustment. Any persons, or any board, taxpayer, department, board or bureau of the town aggrieved by any decision of the Board of Adjustment may seek review by a court of record within 30 days of such decision, in the manner provided by the laws of the State and particularly by Chapter 414, Code of Iowa.

 

            (5)        Fee. Shall be in such amount as may be established from time to time by resolution of the City Council, shall be paid to the City Clerk at the time an appeal, variance, conditional use, or revised site plan is filed, which fee shall be credited to the General Fund of the City of Belle Plaine.

 

            (6)        The Board of Adjustment: Powers and Duties. The Board of Adjustment shall have the following powers and duties:

 

                        (a)        Administrative Review. To hear and decide appeals where it alleged there was error in any order, requirement, decision, or determination made by the Administrative Officer in the enforcement of this Code.

 

                        (b)        Appeals to the Board of Adjustment. Concerning interpretation or administration of this Chapter may be taken by any person aggrieved or by any officer, department, board of bureau of the governing body of the town affected by any decision of the Administrative Officer.

 

                                    (i)         Such appeals shall be taken within a reasonable time, not to exceed sixty (60) days by filing with the Administrative Officer and with the Secretary of the Board of Adjustment a notice of appeal specifying the grounds thereof. The Administrative Officer shall forthwith transmit to the Board all paper constituting the record upon which the action appealed from was taken.

 

                                    (ii)        The Board of Adjustment shall fix a reasonable time not exceeding 30 days from the date of appeal for the hearing, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time, not exceeding 15 days from the date of the hearing. At the hearing any party may appear in person or by agent or attorney.

 

                                    (iii)       Stay of Proceeding. An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrative officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other 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 Administrative officer from whom the appeal is taken and on due cause shown.

 

                                    (iv)       Special Exceptions: conditions Governing Applications; Procedures. To hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this Chapter; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriated under this Code, or to deny special exceptions when not in harmony with the purpose and intent of this Code. A special exception shall not be granted by the Board of Adjustment unless and until:

                                                (1)        A written application for a special exception is submitted indicating the section of this Chapter under which the special exception is sought and stating the grounds on which it is requested.

 

                                                (2)        Notice shall be given at least fifteen (15) days in advance of the public hearing by publication in a newspaper of general circulation in the City of Belle Plaine and shall be mailed to all property owners within a distance of two hundred feet (200’) of the affected property.

 

                                                (3)        The public hearing shall be held. Any party may appear in person, or by agent or attorney.

 

(4)        The Board of Adjustment shall make a finding that it is empowered under the section of this Code described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

 

In granting any special exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Chapter.             Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this Chapter and punishable under Section 86.16 of this Code. The Board of Adjustment shall prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception.                   

                                    (v)        Variances: Conditions Governing Application: Procedures – To authorize upon appeal in specific cases such variance from the terms of this Code as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of the provisions of this Code would result in unnecessary hardship. A variance from the terms of this Code shall not be granted by the Board of Adjustment unless and until:

 

                                                (1)        A written application for a variance is submitted demonstrating:

 

(a)        That special conditions and circumstances      exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district;

 

(b)               That literal interpretation of the provisions

of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter.

 

(c)        That granting the variance requested will not confer             on the applicant any special privilege that is denied by this Code to other lands, structures, or buildings in the same district. No nonconforming use of neighboring lands, structures, or buildings in the             same district, and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance; and

 

(d)       That the special conditions and circumstances do not result from the actions of the applicants.

 

Notice of public hearing shall be given as in Section 96.14 (F) (b), and in accordance with the State of Iowa open Meetings law                                                                                                                                                   (Chapter 21 of the Code of Iowa).

 

The public hearing shall be held. Any party may appear in person, or by agent or by attorney.

 

The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the             minimum variance that will make possible the reasonable use of the land, building, or structure.

 

The Board of Adjustment shall make findings that the requirements of Section 96.14 (F) (5) (a) have been met by the applicant for a variance.

 

The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose           and intent of this Code, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

 

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted shall be deemed a violation of this Code and punishable under Section 8-96-16 of this Code.

 

Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this code in the district involved, or any use expressly or by implication prohibited by the terms of this Chapter in said district.

 

SECTION 8-96-28    INTERPRETATION OF PROVISIONS. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this Chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing higher standards, shall be govern.

 

SECTION 8-96-29    VIOLATIONS AND PENALTIES

 

            (1)        Any person, firm, or corporation who shall violate, or fail to comply with the provisions of this Code shall be guilty of a municipal infraction pursuant to Section 364.22, Code of Iowa. Each day such violation continues shall constitute a separate offense.

 

            (2)        The owners or tenants of any building, structure, land or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains a violation, or fails to comply with any provision of this Code may be charged with a municipal infraction. Each day such violation continues shall constitute a separate offense.

 

            (3)        If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or if any building, structure or land is used in violation of this Chapter, the City of Belle Plaine may, in addition to other remedies, institute an injunction, mandamus, or other appropriate lawful action necessary to prevent, correct or abate such violation.

 

            (4)        Upon correction of a zoning violation, the property owner shall notify the City Zoning Administrator. The City Zoning Administrator and one (1) member of the City Council shall inspect the premises ten (10) days of notification to ensure compliance with this Chapter.

 

SECTION 8-96-30    CHANGES AND AMENDMENTS

 

            (1)        Procedure.

 

The regulations imposed and the districts created by this Chapter may be amended from time to time by the City Council, but no such amendments shall be made without public hearing before the City Council and after a report upon the amendment from the Planning and Zoning Board. If the Planning and Zoning Board makes no report within thirty (30) days from the date of passage of the Council’s motion referring the matter to the Planning and Zoning Board, the City Council may proceed with a public hearing without such report or recommendation. At least seven (7) days’ notice of the time and place of such hearing shall be published in a newspaper having general circulation in the City of Belle Plaine.

 

In the event that one or more of the following events should occur, such amendment shall not be passed except by the favorable vote of at least three-fourths of all members of the City Council:

 

                        (a)        The Planning and Zoning Board recommends disapproval of the change or,

 

                        (b)        A protest against such change is filed with the City Council and signed by the owners of twenty (20) percent or more of the area of     the lost included in the proposed change or,

 

                        (c)        A protest against such change is filed with the City Council and signed by the owners of  twenty (20) percent or more of the lots immediately adjacent in the rear of the lots to be rezoned extending the depth of one lot or not to exceed two hundred (200) feet therefrom or,

 

                        (d)       A protest of such change is filed with the City Council and signed by owners of twenty (20) percent of more of the lots directly opposite the lots to be rezoned, extending the depth one lot or not to exceed two hundred (200) feet from the street frontage of such opposite lots. 

            (2)        Form of Application

                        An application for rezoning shall contain the following items:

 

                        (a)        The legal description and local address of the property.

 

                        (b)        The present zoning classification and the zoning classification requested for the property.

 

                        (c)        The existing use and proposed use of the property.

 

                        (d)       The names and addresses of the owners of all property within two hundred (200) feet of the property for which the change is requested.

 

                        (e)        A statement of the reasons why the applicant feels the present zoning classification is no longer valid.

 

                        (f)        A Plat or Site Plan showing the locations, dimensions, and use of the applicant’s property and all property within two hundred (200) feet thereof, including streets, alleys, railroads, and other physical features. A Site Plan containing the following information:

 

                                    (i)         North arrow and scale.

 

                                    (ii)        Location of existing rights-of-way, easements and infrastructure (streets, sewers, water lines, etc.)

 

                                    (iii)       Size and location of existing and proposed structures and drives on the subject property, and existing structures and drives on surrounding properties.

 

                                    (iv)       Location of Floodplain.

 

                                    (v)        Location of proposed drives and parking areas.

 

                                    (vi)       Platted setback lines.

 

                                    (vii)      Elevations of proposed buildings.

 

                                    (viii)     Final grades.

 

                                    (ix)       Landscaping

 

                                    (x)        Name and address of landowner.

 

                                    (xi)       Name and address of architect, landscape architect, engineer, surveyor, or other person involved in the preparation of the plan.

                                    (xii)      Date of preparation of the plan.

 

            (3)        Application Fee. Before any action is taken upon an application as provided in this Article, the applicant shall pay to the Administrative Officer a fee in such amount as may be established by resolution of the City Council. The Administrative Officer shall forthwith pay over such fees to the credit of the General Fund of the City of Belle Plaine, Iowa. The failure to approve an application for rezoning shall not be construed as any reason for refunding the fee to the applicant.

 

                        (a)        Schedule of Fees.  The Belle Plaine City Council shall establish a schedule of fees, charges, and expenses, and a collection procedure for Certificates of Zoning Compliance, appeals, and other matters pertaining to this ordinance. The schedule of fees listed below shall be posted in the Belle Plaine City Hall, and may only be altered or amended by the City Council.

 

No certificate, special exception, or variance shall be issued unless  until such costs, charges, fees, or expenses listed below have been paid in full, nor shall any action be taken on proceedings before the Board of Adjustment unless or until preliminary charges and fees have been paid in full.

 

                                    (i)         Appeal to the Board of Adjustment   $25.00

 

                                    (ii)        Building – $1.00 per thousand dollars of cost improvement with a minimum charge of $10.00.

 

SECTION 8-96-31    SEVERABILITY. This ordinance and the various parts, sections, subsections and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, subsection, section or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of the Ordinance shall not be affected thereby.

 

If any part, sentence, paragraph, subsection, section or clause is adjudged unconstitutional or invalid as applied to a particular property, building or other structure, it is hereby provided that the application of such portion of the Ordinance to other property, buildings or structures shall not be affected thereby.

 

Whenever any condition or limitation is included in an order authorizing any conditional use permit, variance, grading permit, zoning compliance permit, certificate of occupancy, site plan approval or designation of nonconformance, it shall be conclusively presumed that the authorizing officer or body considered such condition or limitation necessary to carry out the spirit and purpose of this ordinance or the requirement of some provision hereof, and to protect the public health, safety and welfare, and that the officer or Board would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful.

 

 

 

 

 

 

 

 

 

 

TITLE VII  SPECIAL ORDINANCES

 

CHAPTER 96

 

ZONING ORDINANCE

 

 

Section 8-96-1             Adoption and Repeal

Section 8-96-2             Short Title

Section 8-96-3             Intent and Purpose

Section 8-96-4             Compatibility with the Comprehensive Plan

Section 8-96-5             Rules and Definitions

Section 8-96-6             Establishment of Districts and Official Zoning Map

Section 8-96-7             Schedules of District Regulations

Section 8-96-8             A-1 Agricultural

Section 8-96-9             R-1 Single Family Residential

Section 8-96-10           R-2 Single and Two Family Residential

Section 8-96-11           R-3 Multi-Family Residential

Section 8-96-12           R-4 Multi-Family Restricted Residential

Section 8-96-13           MHP Mobile Home Park Residential

Section 8-96-14           C-1 Commercial District

Section 8-96-15           C-2 Central Business District Commercial

Section 8-96-16           M-1 Light Industrial

Section 8-96-17           M-2 Heavy Industrial

Section 8-96-18           P-1 Public Use

Section 8-96-19           Sign Regulations

Section 8-96-20           Fence and Hedge Regulations

Section 8-96-21           Satellite Receiving Dishes Erected and Maintained Only in a Rear Yard

Section 8-96-22           Supplementary District Regulations

Section 8-96-23           Application of Zoning District Regulations  

Section 8-96-24           Non-Conforming Uses

Section 8-96-25           Administration and Enforcement

Section 8-96-26           Permits and Fees

Section 8-96-27           Board of Adjustment

Section 8-96-28           Interpretation of Provisions

Section 8-96-29           Violations and Penalties

Section 8-96-30           Changes and Amendments

Section 8-96-31           Severability

 

SECTION 8-96-1      ADOPTION AND REPEAL.

This is an ordinance amending the Belle Plaine Zoning ordinance which became effective in the year 1994 by repealing said ordinance and all subsequent amendments thereto, and enacting this ordinance in lieu thereof to establish comprehensive zoning regulations for the City of belle Plaine, Iowa, and providing for the administrative enforcement, and amendment thereof; and to repeal all ordinances or resolutions in conflict therewith. This ordinance is adopted by authority of, and for the purpose set forth in the Coe of Iowa and shall be codified as Chapter 96 of the Municipal Code, City of  Belle Plaine, Iowa.

 

SECTION 8-96-2      SHORT TITLE.

This ordinance shall be know, cited, and referred to as the Belle Plaine Zoning Ordinance of 1994.

 

SECTION 8-96-3      INTENT AND PURPOSE.

The Belle Plaine Zoning Ordinance, as set forth in the text and map which constitute this Ordinance, is adopted with the purpose of improving and protecting the public health, safety, comfort, convenience, and general welfare of the people and in accordance with the Code of Iowa Chapter 414.3 (2007). The fulfillment of this purpose is to be accomplished by seeking:

 

            (1)        To lessen congestion on the public streets.

            (2)        To avoid undue concentration of population.

            (3)        To prevent the overcrowding of land, thereby ensuring proper living and working conditions and preventing the development of blight and slums.

            (4)        To establish adequate standards for the provision of light, air, and open spaces.

            (5)        To facilitate and provision of adequate transportation, and of other public requirements and services such as water, sewerage, schools, and parks.

            (6)        To zone all properties with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City.

            (7)        To protect residential, business, commercial, and industrial areas alike from harmful encroachment by incompatible uses and to ensure that land allocated to a class of uses shall not be usurped by other inappropriate uses.

 

            (8)        To avoid the inappropriate development of lands and provide for adequate drainage, curbing of erosion, and reduction of flood damage.

 

            (9)        To fix reasonable standards to which buildings and structures shall conform.

 

            (10)      To prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions or limitations imposed herein.         

 

            (11)      To foster a more rational pattern of relationship between residential, business, commercial, and manufacturing uses for the mutual benefit of all.

 

            (12)      To isolate or control the location of unavoidable nuisance-producing uses.

 

            (13)      To prescribe penalties for any violation of the provisions of this ordinance or of any amendment thereto.

 

            (14)      To avoid the development of land and construction of structures within the flood plain without establishing and achieving appropriate restrictions requirements.

 

SECTION 8-96-4      COMPATIBILITY WITH THE COMPREHENSIVE PLAN.

The standards and requirements contained in this ordinance and the district mapping reflected on the Zoning district Map have all been made in accordance with the officially adopted Comprehensive Community Plan of Belle Plaine, Iowa.

 

SECTION 8-96-5      RULES AND DEFINITIONS.

In the interpretation of this ordinance the rules and definitions of this Section shall be observed and plied, except when the context clearly indicates otherwise.           

 

            (1)        Rules:

 

                        (a)        Words used or defined in one tense or form shall include other tenses and derivative forms.

 

                        (b)        The word “shall” is mandatory.

 

                        (c)        The word “may” is permissive.

 

                        (d)       The words “municipal code” means the Municipal Code of the City of Belle Plaine.

 

                        (e)    The word “person” includes individuals, firms, corporations, associations, and any other similar entities.

 

                        (f)        The word “county” means the County of Benton, Iowa.

 

                        (g)        The word “City” means the City of Belle Plaine.

 

                        (h)        The words “City Council” mean the City Council of the City of Belle Plaine, Iowa.

 

                        (i)         The word “state” means the State of Iowa.

 

                        (j)         In case of any difference of meaning or implication between the text of this ordinance and any caption or illustration, the text shall control.

            (2)        Definitions:

 

                        1.         Accessory Building Structure, or Use–A use or structure subordinate to the principal use of a building or land on the same lot or parcel of ground and serving a purpose customarily incidental to the use of the principal building or use of land.

 

                        2.         Agriculture – The use of land for the purpose of raising and harvesting crops; or for the raising, breeding, or management of livestock, poultry, fish, or honeybees; or for dairying, truck gardening, forestry, nurseries, or orchards; for the noncommercial on – farm storage or processing of agricultural products; or for any similar agricultural, horticultural, silvacultural, or aquacultural use. No farms shall be operated for the disposal of garbage, sewage, rubbish, offal or rendering plants or for the slaughtering of animals, except such animals as have been raised on the premises or have been maintained on the premises for the use and consumption of persons residing on the premises. No land use may be classified as Agriculture unless the said parcel is of at least twenty 20 acres in size.

 

                        3.         Alley – Any dedicated public way affording a secondary means of vehicular access to abutting property, and not intended for general traffic circulation.

 

                        4.         Alterations Structural—Any change in the supporting members of a building such as bearing walls, columns, beams or girders.

 

                        5.         Apartment—A room or suite of rooms used as the dwelling of a family, including bath and culinary accommodations, located in a building in which there are a multiple of these units.

 

                        6.         Balcony—An unroofed platform, unenclosed except by a railing, which projects from the outer wall of any building above ground level with or without support other than the building.

 

                        7.         Basement—That portion of a building which is partly below grade. For the purpose of this ordinance a basement shall not be considered a story unless designed or used for habitable space or business purpose.

 

                        8.         Bed and Breakfast—Any single family or multifamily dwelling unit used for the purpose of overnight or temporary lodging for one (1) or more persons wherein meals may also be provided.

 

                        9.         Board—Board of Adjustment as described in Chapter 414.7 of the Code of Iowa.

 

                        10.       Boarding House—A building other than a hotel or motel where, for compensation and by prearrangement for definite periods, means, or lodging and meals, are provided for three (3) or more persons.

                        11.       Broadcast Tower—A structure for the transmittal or broadcast of radio, television, radar, or microwaves which exceeds the maximum height permitted in the district in which it is located; provided, however that noncommercial radio towers not exceeding fifty (50) feet in height shall not be considered broadcast towers.

 

                        12.       Building—Any structure designed or built for the support, enclosure, shelter or protection of persons, animals chattels, or property of any kind.

 

                        13.       Building Envelope—The area of lot which remains after the minimum yard setbacks, height requirements, and open space requirements of this ordinance have been complied with.

 

                        14.       Building Height of–The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height level between eaves and ridge for gable, hip and gambrel roofs.

 

                        15.       Building Line—A line formed by the face of the building, and for the purposes of this Chapter, a minimum building line is the same as a front setback line.

 

                        16.       (a)        Building Main or Principal—A building in which is conducted the principal use of the lot on which it is situated.

 

                                    (b)        Bulk Station—Distributing stations, commonly known as bulk or tank stations, used for the storage and distribution of flammable liquids or liquefied petroleum products, where the aggregate capacity of all storage tanks is more than twelve thousand (12,000) gallons.

 

                        17.       Cellar—That portion of a building partially or wholly, underground. A cellar shall be non-habitable and shall not be counted as a story.

 

                        18.       Condition Use—The use allowed in a zoning district after approval has been granted by the Zoning Board of Adjustment according to the provisions set forth in Section 86.14 of this ordinance.

                        19.       Child Day Care Facility—A “Child Day Care Facility” is a facility in which six or more children are received for part or all of a day for care and/or instruction. The facility shall be approved and licensed by the State of Iowa. The term “Child Day Care Facility”, includes but is not limited to the following: nursery schools, child care centers, day nurseries, kindergartens, preschools and play groups, but does not include bona fide kindergartens or nursery schools operated by public or private elementary or secondary school systems.

 

                        20.       (a)     Deck—A covered or uncovered platform area projecting from the wall of a building, accessible at or from above grade, and attached to the ground.

 

                                    (b)     District—A section or sections of the City of Belle Plaine within which the regulations governing the use of buildings and premises or the height and area of buildings and premises are uniform.

 

                        21.       Dwelling—Any building or portion thereof which is designed for and used exclusively for residential purposes. Said building shall have an outside dimension of no less than twenty (20) feet by thirty (30) feet, excluding any attached garage, if any.

 

                        22.       Dwelling Single-Family—A building designed with accommodations for exclusive occupancy by one (1) family.

 

                        23.       Dwelling, Two-Family—A building designed with accommodations for occupancy exclusively by two (2) families living independently of each other.

 

                        24.       Dwelling, Multiple—A building designed with accommodations in order to be occupied exclusively by more than two (2) families living independently of each other.

 

                        25.       Family—One (1) person or two (2) or more person related by direct lineal descent, marriage, adoption or placement by a governmental or social service agency, occupying a dwelling unit as a single housekeeping or organization. A family may also be two (2), but not more than two (2) persons not related by blood, marriage or adoption.

 

                        26.       Family Group Care Home—A community-based residential facility which is licensed as a residential care facility under Chapter 135C of the Iowa Code (1993) or as a child foster care facility under Chapter 237 of the Iowa Code (1993) to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for no more than eight (8) developmentally disabled persons and any necessary support personnel. Family Home does not mean an individual foster care home licensed under Chapter 237 of the Iowa Code (1993).

 

                        27.       Farm—An area of not less than ten (10) acres which is used for the growing of the usual farm products such as vegetables, fruits and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals.

 

                        28.       (a)     Feedlot, Commercial—A confined area where 500 or more cattle, swine, sheep, or 30,000 or more fowl are housed, penned, and fed.

 

                                    (b)     Fence—Any barrier or free standing structure composed of posts and wire or boards intended to enclose or keep in or out. Bushes, shrubs or other plant materials hall not be considered a fence.

 

                        29.       Floodplain—Lands which are subject to a one percent or greater chance of flooding in any given year.

 

                        30.       Floor Area—The total area of all floors of a building as measured to the outside surfaces of exterior walls and not including halls, stairways, elevator shafts, attached garages, porches, and balconies when such area is used for storage or other such incidental use.

 

                        31.       Frontage—All the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

 

                        32.       Garage, Private—A building that is subordinate or used for the storage of not more than four (4) motor-driven vehicles owned and used by the occupants of the buildings to which it is accessory. Not more than one (1) of the vehicles may be a commercial vehicle of not more than two (2) ton capacity.

 

                        33.       Garage, Public—A building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles.

 

                        34.       Garage Storage—A building or portion thereof designed or used exclusively for term storage by pre-arrangement of motor driven vehicles, as distinguished from

 

                        35.       Garden House—An accessory structure of not more than 140 square feet in area and having a height of eight (8) feet or less constructed primarily for storage.

 

                        36.       Grade—The average level of the finished surface of the ground adjacent to the exterior walls of the building except when any wall approximately parallels and is not more than five (5) feet from a street line, then the elevation of the street shall be grade. The purpose is to regulate the number of stories and height of a structure.

                        37.       Home Occupation—Any occupation or activity carried on within a dwelling unit or accessory building by a member of the family residing on the premises, which occupation or activity is incidental and secondary to the residential occupancy and does not change the residential character thereof.

 

                        38.       Hotel—A residential building licensed by the State and occupied and used principally as a place of lodging for guests. Hotels may or may not provide meals    and there are usually no cooking facilities in guest rooms.

 

                        39.       Institution—An establishment occupied or operated by a private or public non-profit corporation, association, organization, or group for use or benefit of the general public.

 

                        40.       Junk/Salvage Yard—Any enclosed or fenced in lot or portion thereof where waste, discarded, or salvaged materials are bought, sold, exchanged, baled or packed, disassembled, or handled, including the dismantling or “wrecking” of automobiles or other machinery, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but no including areas where such uses are conducted entirely within a completely enclosed building.

 

                        41.       Kennel—An establishment where small animals are bred, raised, trained, groomed and boarded for compensation, sale or other commercial purposes.

 

                        42.       Loading Space—An off-street space within the main building or on the same lot providing for the standing, loading, or unloading of commercial vehicles, having a minimum dimension of twelve (12) by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.             

 

                        43.       Lot—A parcel of land occupied or intended for occupancy by one main building together with its accessory buildings officially approved and having its principal frontage upon a dedicated street. The boundaries of the lot shall be determined by its lot lines.

 

                        44.       Lot, Corner—A lot abutting upon two (2) or more streets at their intersections.

 

                        45.       Lot, Depth of—The average horizontal distance between the front and rear lot lines.

 

                        46.       Lot, Double Frontage—A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

 

                        47.       Lot, Interior—A lot other than a corner lot.

 

                        48.       Lot, Lines—The lines bounding a lot as define herein:

 

                                    (a)   Front Lot Line: In the case of an interior lot, that line separating said lot from the street. In the case of a corner lot, or double frontage lot, “front lot lines” shall mean that line separating said lot from that street which is designated as the front street in the plat and in the application for a zoning compliance permit.                            

                                    (b)        Rear Lot Line:  That lot line opposite and most distant front lot line. In the case of a lot pointed at the rear or triangular shaped, the rear lot line shall be an imaginary line parallel to the front lot line not less than ten (10) feet long farthest from the lost line and wholly within the lot.

 

                                    (c)        Side Lot Line:  Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot form another lot or lots is an interior side lot line.

 

                        49.       Lot of Record—A lot which is part of a subdivision the plat of which has been recorded in the office of the County Recorder.

 

                        50.       Lot Width—The width of a lot measured at the building line and at right angles to its depth where the minimum building line or setback intersects the side lines.                                  

                        51.       Lot, Reversed Corner—A corner lot, the rear of which abuts the side of another lot.

 

                        52.       Main Building—A building in which is conducted the principal use of the lot upon which it situated.

 

                        53.       Main Use—The principal use to which the premises are devoted and the principal purpose for which the premises exists.

 

                        54.       Manufactured Home—A factory-built dwelling, which is manufactured or constructed under the authority or 42 U.S.C. Sec. 5403, Federal Manufactured Home Construction and Safety Standards, which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home constructed to the Federal Manufactured Home Construction and Safety Standards is not a manufactured home unless it has been converted to real property and is taxed as a             site built dwelling as is provided in Code of Iowa (1993), Section 435.26. For the purpose of any of these regulations, manufactured homes shall be considered the same as a single-family detached dwelling.

 

                        55.       Mobile Home—A vehicle without motive power used, or so originally constructed as to permit being used, as a conveyance upon the public streets or highways and duly licensed as such, and constructed in such a manner as will permit occupancy thereof for human habitation, capable of dwellings, or sleeping             quarters and which is being moved, towed, or transported by another vehicle. This definition shall also include and apply to such vehicles or structures that are located on a permanent or temporary foundation.

 

                        56.       Mobile Home Park—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 intended for such use shall include any building, structure, tent, vehicle, or enclosure intended for use as part of the equipment of such mobile home park.

                        57.       Mobile Home Converted to Real Estate—A mobile home which has been attached to a permanent foundation on real estate owned by the mobile home owner, rendering it totally immobile, and which has been inspected by the assessor, the mobile home vehicle title, registration, and license plates collected from the owner, and the property entered upon the tax roles of Benton County.

 

                        58.       Motel—A building or group of buildings in which lodging is provided and offered primarily to transient occupancy and in which each unit has convenient access to a parking space for the use of the unit’s occupants.

 

                        59.       Multiple Dwelling Unit—A building arranged, designed, and intended for use as a residence by two or more families living independently of each other.

 

                        60.       Nonconforming Building—A building or portion thereof that does not conform to the provisions of this Chapter relative to height, bulk, area or yard size requirements for the district in which it is located.

 

                        61.       Nonconforming Use—An use which lawfully occupied a building or land but does not conform to the provisions of this Chapter relative to height, bulk, area or yard size requirements for the district in which it is located.

 

                        62.       Nursing Home—An institution which is advertised, announced, or maintained for the express or implied purpose of providing nursing or convalescent care for persons unrelated to the licensee. A nursing home is a home for chronic or convalescent patients who, on admission, are not as a rule, acutely   ill and who do not usually require special facilities, such as an operating room, x-ray facilities, laboratory facilities, and obstetrical facilities. A nursing home provides care for persons who have remedial ailments, for which continuing medical and skilled nursing care is indicated; who, however, are not sick enough to require general hospital care. Nursing care is their primary need, but they will require continuing medical supervision. A major factor which distinguished a nursing home is that the residents will require the individualization of medical care. For the purpose of this (zoning) ordinance a “nursing home” shall also be considered a “convalescent home.”

 

                        63.       Open Space—The land area of a site not covered by buildings, right-of-ways, parking structures, or accessory buildings, except recreational structures, and which is available to all occupants of units for whose use the space is intended. “Open Space” does not include school sites and commercial areas.

 

                        64.       Parking Space—A surfaced area, enclosed in the main building or in an accessory building, or unenclosed, having an area of not less than one hundred and eighty (180) square feet exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for vehicles.

 

                        65.       Plan—A comprehensive or General Development Plan of the City of Belle Plaine.

 

                        66.       Principal Use—The main use of land or structures as distinguished fro secondary or accessory use. For example, a house is a principal use in a residential area; a garage or pool is an accessory use.

 

                        67.       Private—In reference to a building, structure, utility, facility, or use, “private” means owned by someone other than a unit of government, or an agency of government, unless the context clearly indicates that “private” is being used in a boarder sense of something not open or available to the general populace.

 

                        68.       Public—In reference to a building, structure, utility, facility, or use, “public” means owned and/or operated by a unit of government or an agency thereof, unless the context clearly indicates that “public” is being used in the broader sense of something available to the general populace.

 

                        69.       Satellite Receiving Dish—An apparatus that allows microwaves to reflect back to an antenna, also commonly referred to as an earth station. A satellite receiving dish and its supporting tower or mountings shall be defined as a “structure” within the meaning of this ordinance and subject to all restrictions pertaining to a structure and no part of such structure shall be allowed to exceed 12 feet in height when the receiving dish is in a perpendicular or a vertical, upright position.

 

                        70.       Setback—The distance required to obtain the front, side or rear yard open space provisions of this Chapter.

 

                        71.       Sign—Any structure or part thereof or device attached thereto  or device attached thereto or painted, or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction, or advertisement. The word “sign” includes the word “billboard”.

 

                        72.       Solar Panel—A device used as a solar energy collector which in cooperation with an energy storage facility and components will distribute          transformed energy throughout a structure.

 

                        73.       Story—That portion of a building, other than a basement not having over 50 percent of its height below grade, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it then the space between the floor and the ceiling next above it.

 

                        74.       Story, Half—A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three (3) feet above the floor of such story, except that any partial story used for residence purposes, other than for janitor or caretaker or his/her family, or by a family occupying the floor immediately below it, shall be deemed a full story.

 

                        75.       Street-An approved public or private thoroughfare which provides the principal means of vehicular access to abutting property and/or for vehicular passage.

 

                        76.       Structure—Anything constructed or erected, the use of which requires more of less permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, gazebos, ground-based satellite dishes, and solar collectors.

 

                        77.       Travel Trailer or Motor Home or Fifth Wheel Camper-Trailer—A vehicle with or 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 to permit the vehicle to be used as a place of human habitation by one or more persons. Said vehicle may be up to eight (8) feet in width and any length provided its length does not exceed 32 feet. If such vehicle shall be customarily or ordinarily used as a place of human habitation for more than 90 days in any 18 month period, it shall be classed as a mobile home, regardless of the size and weight limitation provided herein.

 

                        78.       Trailer Camp or Tourist Camp Ground—An area providing spaces for two or more travel trailers, camping trailers, or tent sites for temporary occupancy, with necessary incidental services, sanitation, and recreation facilities to serve the traveling public

 

                        79.       Variance—The term “Variance” shall mean a modification of the literal provisions of the Zoning Ordinance which would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted the crucial points of variance are (a) undue hardship, (b) unique circumstances and (c) applying to property. The authority to grant variances is vested in the Board of Adjustment pursuant to Chapter 414 of the Code of Iowa.

 

                        80.       Well-A shaft or tube which is sunk into the ground in order to obtain water, oil, etc.         

 

                        81.       Wind Generator/Windmill—A structure which utilizes or is worked by action of wind on the vanes, sails, or propellers in order to generate electricity for private consumption.

 

                        82.       Yard—An open space between a building and the adjoining lot lines unoccupied and unobstructed by any portion of a structure. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot lines and the main building line shall be used.

 

                        83.       Yard, Front—A yard extending across the front of a lot and being the building or any projections thereof other than the projections of the usual uncovered steps. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension, except where owner shall elect to front his building on a street parallel to the lot line having the greater dimension.

 

                        84.       Yard, Rear—A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building line or any projections thereof other than the projections of            uncovered steps. On all lots the rear yard shall be in the rear of the front yard.

 

                        85.       Yard, Side—A yard between the main building line and the side line of the lot, and extending from the required front yard to the required  rear yard, and being the minimum horizontal distance between side lot line and the side of the           main building line or any projections of uncovered steps.

 

 

SECTION 8-96-6      ESTABLISHMENT OF DISTRICTS AND OFFICIAL ZONING MAP.

 

            (1)        Official Zoning Map:

 

                        (a)        Belle Plaine is hereby divided into districts which shall be designated as follows:

                                    A-1      Agricultural

                                    R-1      Single Family Residential

                                    R-2      Single and Two Family Residential

                                    R-3      Multi-Family Residential

                                    R-4      Multi-Family Restricted Residential

                                    MHP   Mobile Home Park

                                    C-1      Highway Commercial

                                    C-2      Central Business District

                                    M-1     Light Industrial

                                    M-2     Heavy Industrial

                                    P-1       Public Use

                                    AR-1   Airport

 

                        (b)        The locations and boundaries of these districts are shown on the official zoning map which together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Chapter.

 

                        (c)        The official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the Seal of the City under the following statement:

 

This is to certify that this is the official Zoning Map referred to in Ordinance 96 of the City of Belle Plaine, passed October 6, 1997.

 

                        (d)       The Official Zoning Map, or a true copy of the same, shall be on file in the office of the City Clerk and shall be final authority as to the correct zoning status of the land, water areas, buildings, and other structures in the City.

 

            (2)        Changes in Official Zoning Map:

 

                        (a)        If in accordance with the provisions of Section 96.17 of this Ordinance and Chapter 414.4 Code of Iowa, changes are made in district boundaries or other matter portrayed on the official Zoning Map, such changes shall be entered on the official Zoning Map promptly after the amendment has been approved by the City Council, with an entry on the official Zoning Map as follows: “By official action of the City Council, the following changes were made on the official Zoning Map.” (Indicating the changes by ordinance numbers and date of publication.) No amendment of this ordinance which involves matter portrayed on the official Zoning Map shall become effective until after such change and entry has been made on said map.

 

                        (b)        Replacement of the official Zoning Map. In the event that the official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Council may be Ordinance adopt a new official Zoning Map which shall supersede the prior official Zoning Map. The new official Zoning Map may correct drafting or other errors or omissions in the prior official Zoning Map, but no such correction shall have the effect of amending the original official Zoning Map or any subsequent amendment thereof. The new official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the Seal of the City under the following words:

 

“This is to certify that this official Zoning Map supersedes and replaces the official Zoning Map adopted as part of Ordinance No. 96 of the City of Belle Plaine, Iowa.”

 

Unless the prior official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.

 

                        (c)        Any unauthorized change, of any kind whatsoever, in the official Zoning Map by any person or persons, shall constitute a violation of this Chapter and be punishable as provided in Section 8-96-16.

 

            (3)        Interpretation of District Boundaries:

Where uncertainty exists as to the boundaries of 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 following corporate limits shall be construed as following corporate limits;

 

                        (d)       Boundaries indicated as following railroad lines shall be construed to be midway between the main right-of-way;

 

                        (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 constructed to move with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, 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 (1) through (5) shall be so construed. Distances not specifically indicated on the official Zoning Map shall be determined by dimensions shown on the map, or in the absence of dimensions, by the scale of the map;

                        (g)         In the case of further uncertainty, and/or where physical or cultural features existing on the ground are at variance with those shown on the official Zoning Map, or in other circumstances are covered by subsections (1) through (6) above, the Board of Adjustment shall interpret the district boundaries.

 

            (4)        Applicability of Regulations:

 

                        (a)        Territorial Application: This ordinance shall apply to all structures, land, and uses within the corporate limits of Belle Plaine, Iowa.

 

                        (b)        Conversion of Use or Building: The conversion of any use or building either to another use or to increase the size or area of the existing use, including the conversion of any building or the conversion of any dwelling to accommodate an increased number of dwelling units, families, or residents, shall be permitted only within a district in which a new building for similar occupancy would be permitted in this ordinance and only when the resulting occupancy will comply with the requirements in such districts, with respect to minimum lot size, lot area per dwelling unit, dimension of yards, height, off street parking and any other applicable requirements.

 

                        (c)        General Prohibition:  No building or structure; no use of any building, structure or land; and no lot of record or zoning lot, hereafter existing, shall be established, altered, moved, divided, or maintained in any manner except in accord with the provisions of this ordinance. 

            (5)        Annexed Territory: All territory which may be annexed to the City of Belle Plaine after adoption of this ordinance shall be classified according to the Planning and Zoning Commission’s recommendations prior to annexation and the territory upon annexation may be immediately so classified. Procedures for classification are established in Section 5.17 of this Ordinance.

 

            (6)        Vacated Streets: Whenever any street, alley, or other public way is vacated by official action of the Council the district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulation of the extended districts.  

 

Whenever any street, alley, or other public way is vacated by official action of the Council, the vacation must be recorded with the Benton County Assessors Office.             The vacation must also be identified at this time on the official Zoning Map.

 

SECTION 8-96-7      SCHEDULES OF DISTRICT REGULATIONS. The following schedules of District Regulations are hereby adopted by reference and declared to be a part of this Chapter:

 

                        A-1 –  Agricultural

                        R-1 –  Medium Density Single Family Residential

                        R-2 –  Single and Two Family Residential

                        R-3 –  Multi-Family Residential

                        R-4 –  Multi-Family Restricted Residential

                        MHP –            Mobile Home Park

                        C-1 —   Highway Commercial

                        C-2 –   Central Business District

                        M-1 – Light Industrial

                        M-2 – Heavy Industrial

                        P-1 –  Public Use

                        AR-1 – Airport

 

SECTION 8-96-8      A-1   AGRICULTURAL. A-1 Agricultural District zoning is intended to maintain and enhance agricultural operations and preserve agricultural lands utilized for crop production or the raising of livestock and to serve as a holding zone for lands where future urban expansion is possible, but not yet appropriate due the lack of urban facilities and services. The preservation of agricultural land is intended to prevent urban sprawl, control the public costs of providing urban services and reduce urban-rural conflicts which arise as a result of premature development of rural areas. The district is further intended to preserve open space and natural resource areas.

 

            (1)        Permitted Principal Uses and Structures.

 

                        (a)     Agriculture, horticulture, dairy farming, poultry farming, livestock farming, general farming, truck gardening, and other agricultural activities.

 

                        (b)        Single family dwellings.

 

                        (c)        Those structures essential to farming operations not otherwise restricted within this ordinance.

 

                        (d)       Parks, playgrounds, and recreation areas.

 

            (2)        Permitted Accessory Uses and Structures.

 

                        (a)        Private garages.

 

                        (b)        Farm buildings incidental to agricultural uses.

 

                        (c)        Private greenhouses or plant nurseries not operated for commercial purposes.

 

                        (d)       Private swimming pools.

 

                        (e)        Accessory uses or structures accessory to the provisions of   Section 86.09.

 

            (3)        Special Exceptions.  The following special exceptions are permitted in the A-1 District subject to provisions of Section 96.15 (F) (4).

 

                        (a)        Public Utilities.

 

                        (b)        Recreational development seasonal or temporary use.

                        (c)        Roadside stand for sale of produce raised on the premises.

 

                        (d)       Dog kennels and dog runs.

 

                        (e)        Greenhouses and plant nurseries operated for commercial purposes.

 

                        (f)        Airport-Meeting or exceeding the most current FAA Standards and Regulations.

 

            (4)        Minimum Lot Areas and Width.  Single family dwelling: Not applicable-Agriculture use or farming requires a minimum of ten (10) acres (i.e. see definition of agriculture in this ordinance.)

 

            (5)        Minimum Yard Requirements:

 

                        (a)        Single family dwelling:

                                    Front – 35 feet

                                    Rear –  35 feet

Side -  25 feet each side plus 2 feet for each story above one

                                    Street Side, Corner Lot – 35 feet

 

A lot of record as of the effective date of this ordinance that has less area or width than therein required may be used for any purpose permitted in this district, provided all other provisions of this ordinance are met.

 

                        (b)        Other permissible uses under this section:

                                    Front – 40 feet

                                    Rear – 40 feet

                                    Side –   25 feet

                                    Street Side, Corner lot – 35 feet

            (6)        Maximum Height – 2 (1/2) stories or 35 feet

 

            (7)        Minimum Off – Street Parking Loading Space.

                        a.         Residential Dwellings – Two (2) spaces for each dwelling unit.                               

            (8)        Special Regulation

 

                        (a)        Provision must be made for disposal of manure, other organic wastes, or chemicals(s) in such a manner as to avoid pollution of ground water or any lake, river, or receiving stream. Livestock confinement buildings for the purpose of raising hogs, poultry or cattle must conform to the provisions of Section 96.07. A. 8 (b) this ordinance.

 

                        (b)        Agricultural uses are permitted with no restrictions as to the operation of such vehicles or machinery as are customarily incidental to     such uses, and with no restrictions to the sale or marketing of products raised on the premises; provided that raising, feeding, housing or sale of livestock or poultry shall be located at least 300 feet from residentially zoned land, and provided further that there  shall be no disposal of garbage, rubbish or offal, other than regular removal, within 300 feet of property residentially or commercially zoned land. Pasturing of livestock shall be restricted to no closer than 100 feet of residentially or commercially zoned land.                                   

(c)        All signage must meet the Sign Regulations described in 96.07 of this ordinance.

 

 

 

 

 

 

 

SECTION 8-96-9      R-1 SINGLE FAMILY RESIDENTIAL.  To preserve and uphold existing single family residential neighborhoods and structures free from other uses except those which are compatible with current land uses of such district.

 

            (1)        Permitted Principal Uses and Structures

 

                        (a)        Single family dwellings

 

                        (b)        Churches and temples

 

                        (c)        Public schools, elementary, junior high and high schools

 

                        (d)       Parochial or private schools having no rooms used regularly for housing or sleeping purposes.

 

                        (e)        Public buildings, public and semi-public parks, playgrounds, community centers, libraries, and museums.

 

                        (f)        Family Group Care Home

 

            (2)        Permitted Accessory Uses and Structures

 

                        (a)        Private garages

 

                        (b)        Private swimming pools with fencing as stated in Section 96.09.

 

                        (c)        Private greenhouses not operated for commercial purposes

 

                        (d)       Garden houses

 

                        (e)        Uses and structures accessory to a principal permitted use or a special exception use are permitted subject to the provisions of Section  96.10.

 

                        (f)        Temporary buildings used in conjunction with construction work, provided that such buildings are removed within thirty (30) days upon completion of the construction work.

 

                        (g)        Satellite receiving dish, when conforming to Ordinance #96.

 

            (3)        Special Exceptions. The following special exceptions are permitted in the R-1 District, subject to provisions of Section 8-96-5 (F) (4).

(a)        Cemetery or mausoleum

 

                        (b)        Public utilities

 

                        (c)        Swimming pools, golf courses and country club, except miniature courses or driving range operated for a profit.

 

                        (d)       Mortuary or funeral home

 

                        (e)        Care facilities

 

                        (f)        Day Care Centers

 

                        (g)        Churches

 

            (4)        Special Requirements  Prior to the transportation of any and all mobile  homes, manufactured homes,             modular homes, or any structures greater in   size than six feet in height within the City of Belle Plaine, it shall first be necessary for the owner of the home or structure to make an application to obtain a temporary permit for the transportation of said home. The application must be made to the City Clerk of the City of Belle Plaine who will issue the permit after an approved route for the transportation of the home is received from the Belle Plaine Chief of Police. The applicant will be required to provide to the City Clerk the insurance carrier, legal name and address of the mover. The mover will be required to provide a certificate of insurance to the City Clerk. The application will also contain the date on which the transporting of the home shall occur. It contains the date on which the transporting of the home shall occur. It will be the responsibility of the transporters to make sure that they contact the Belle Plaine Chief of Police. A violation of the approved transportation route will constitute a misdemeanor offense of Iowa, the Council shall issue a temporary transportation permit.

 

            (5)        Minimum Lot areas and Width

 

                        (a)        Single family dwelling:

                                    Area, 10,000 square feet; Width, 75 feet; Depth, 100 feet

 

A lot of record as of the effective date of this Ordinance that has less area or width than herein required may be used for any purpose permitted in this district, provided all other provisions of this ordinance are met.

 

                        (b)        Other permissible uses:

                                    Area, 10,000 sq. ft.; Width 75, feet

 

            (6)        Minimum Yard Requirements

 

                        (a)        Single family dwellings:

Front – 30 feet-25 feet in all subdivisions platted after 1/15/98

                                    Rear – 35 feet

                                    Side – 7 feet

                                    Street Side, Corner Lot – 20 feet

(b)        All other uses permitted under this section:

                                    Front – 30 feet

                                    Rear – 45 feet

                                    Side – 15 feet

                                    Street Side, Corner Lot – 20 feet

 

            (7)        Maximum Height – 2  ½ stories or 35 feet

 

            (8)        Minimum Off – Street Parking and Loading Space

 

                        (a)        Dwellings

                                    Two (2) spaces for each dwelling unit

 

                        (b)        Church or Temple

                                    One (1) space for each six (6) seats of average seating in the main                                        auditorium.

 

                        (c)        Country Club or Golf Club

                                    Six (6) spaces for each hole.

 

                        (d)       Community Center, Library or Museum

                                    Ten (10) spaces plus one (1) additional space for each 300 sq. ft. of                                     floor area in excess of 2,000 sq. ft.

 

                        (e)        Schools and Public Buildings

                                    One (1) space for each classroom or office room plus one (1) space                          for each ten (10) seats of average seating in the main auditorium,                                                 stadium, or place of public assembly.

 

SECTION 8-96-10    R-2 SINGLE AND TWO FAMILY RESIDENTIAL. To establish and preserve quiet single and two family resident neighborhoods free from other uses except those which are both compatible with and convenient to the residents of such a district.

 

            (1)        Permitted Principal Uses and Structures

 

                        (a)        Single family dwellings.

 

                        (b)        Two family dwellings.

 

                        (c)        Churches and temples.

 

                        (d)       Public schools, elementary, junior high and high schools.

 

                        (e)        Parochial or private schools having no rooms used regularly for housing or sleeping purposes.

 

                        (f)        Public buildings, public and semi-public parks, playgrounds, community centers, libraries, and museums.

 

                        (g)        Family Group Care Home  – District

 

                        (h)        All uses and structures permitted in R-1.

 

            (2)        Permitted Accessory Uses and Structures

 

                        (a)        Private garages.

 

                        (b)        Private swimming pools with fencing as stated in Section 96.09B.

 

                        (c)        Private greenhouses not operated for commercial purposes.

 

                        (d)       Garden houses.

 

                        (e)        Uses and structures accessory to a principal permitted use or a special exception use are permitted subject to the provisions of Sections 96.08, 96.09 and 96.10.

 

                        (f)        Temporary buildings used in conjunction with construction work, provided that buildings are removed within thirty (30) days upon completion of the construction work.

 

                        (g)        Bed and breakfast houses provided that, (1) such usage is limited to 50% or less of the principal dwelling, (2) that one off-street parking space is provided for each rented bedroom, and (3) that proprietors of bed and breakfast facilities register the following information with the City Clerk; The proprietor’s name, the street address of the bed and breakfast, and its business telephone number.

 

            (3)        Special Exceptions. The following special exceptions are permitted in the R-2 District, subject to provisions of Section 96.15 (F) (4).

 

                        (a)        Cemetery or mausoleum.

 

                        (b)        Public utilities.

 

                        (c)        Swimming pools, golf courses and country clubs, except miniature courses or driving ranges operated for a profit.

 

            (4)        Special Requirements.  Prior to the transportation of any and all mobile homes, manufactured homes, modular homes, or any structures greater in size than six feet in height within the City of Belle Plaine, it shall first be necessary for the owner of the home or structure to make an application to obtain a temporary permit for the transportation of said home. The application must be made to the City Clerk of the City of Belle Plaine who will issue the permit after an approved route for the transportation of the home is received from the Belle Plaine Chief of Police. The applicant will be required to provide to the City Clerk the insurance carrier, legal name and address of the mover. The mover will be required to provide a certificate of insurance to the City Clerk. The application will also contain the date on which the transporting of the home shall occur. It will be the responsibility of the transporters to make sure that they comply with the approved transportation route. If any variance is required, they shall contact the Belle Plaine Chief of Police. A violation of the approved transportation route will constitute a misdemeanor offense.

 

Separate or divided ownership of each single-family unit of a two-family dwelling unit, provided the following requirements are met:

 

                        (a)        The lot or parcel of real estate being divided into two parcels allowing separate ownership thereof must originally meet all of the requirements for uses permitted in an R-2 District.

 

                        (b)        A two-family dwelling unit must be in existence or will be constructed thereon, consisting of two laterally attached dwelling units with each unit having a separate access and separate utilities services including gas, water, sewer and electricity.

 

                        (c)        The division of the lot or parcel into two parcels shall be in such a manner as to result in one single-family dwelling unit being located on either side of a common boundary line with the common wall between the two laterally joined single-family dwelling units being on said common boundary line.

 

                        (d)       Prior to division of the lot or parcel into two parcels, there shall be submitted to the Zoning Administrator of the City of Belle Plaine two copies of proposed Restrictive and Protective Covenants providing that the owners of each parcel upon division are jointly and severally liable and responsible for the maintenance and repair of the common wall as well as of all other common aspects including, but not limited to, utilities, water, sanitary sewer, storm sewer, easements and driveways, all to the point of division. The Zoning Administrator shall, within 15 days, determine whether the proposed Covenants meet the requirements of this paragraph and shall thereupon return one copy of the Covenants to the owners, at which time the owners shall have said Covenants recorded at the office of the Benton County Recorder. If the Zoning Administrator determines that the proposed Covenants are not satisfactory, the owner shall be notified and submit a further set of proposed Covenants which shall embody any corrections or clarifications deemed necessary by the Zoning Administrator.

 

                        (e)        The two-family dwelling unit shall, in all other-respects, other than the divided ownership thereof, be considered as any other tow-family apartment dwelling and shall meet all requirements pertaining thereto.

            (5)        Minimum Lot Areas and Width

                        (a)        Single family dwelling:

                                    Area, 7,200 square feet; Width, 60 feet Depth, 100 feet.

 

However, the minimum width and depth dimensions may not be construed to imply a minimum lot size of 7,200 square feet. In regard to overall minimum lot dimensions set by this ordinance, the total area will supersede any conflicting combinations of widths or depths that do not equal the minimum area requirements.

 

A lot or record as of the effective date of this Ordinance that has less area or width than herein required may be used for any    purpose permitted in this district, provided all other provisions of this Ordinance are met.

 

                        (b)        Two family dwelling:

                                    Area, 9,000 square feet; Width, 60 feet; Depth, 100 feet

A lot of record as of the effective date of this Ordinance that has less area or width than herein required may be used for any purpose permitted in this district, provided all other provisions are met.

 

                        (c)        Other permissible uses:

                                    Area, 9,000 square feet; Width 80 feet; Depth, 100 feet.

 

            (6)        Minimum Yard Requirements

 

                        (a)        Single family dwellings:

                                    Front – 30 feet, 25 feet in all subdivisions platted after 1/15/98

                                    Rear – 35 feet

                                    Side – 7 feet

                                    Street Side, Corner Lot – 15 feet

 

                        (b)        Two family dwellings:

                                    Front – 30 feet

                                    Rear – 35 feet

                                    Side – 8 feet

                                    Street Side Corner Lot – 15 feet

 

                        (c)        All other uses permitted under this section:

                                    Front – 30 feet

                                    Rear – 45 feet

                                    Side – 15 feet

                                    Street Side, Corner Lot – 20 feet

(7)        Maximum Height – 2  ½ stories or 35 feet.

 

            (8)        Minimum Off Street Parking and Loading Space

 

                        (a)        Dwellings

                                    Two (2) spaces for each dwelling unit

 

                        (b)        Church or Temple

                                    One (1) space for each six (6) seats of average seating in the main                                        auditorium.

 

                        (c)        Country Club or Golf Club

                                    Six (6) spaces for each hole.

 

                        (d)       Community Center, Library or Museum

                                    Ten (10) spaces plus one (1) additional space for each 300 sq. ft. of                                     floor area in excess of 2,000 sq. ft

 

                        (e)        Schools and Public Buildings

                                    One (1) space for each classroom or office room plus one (1) space                          for each ten (10) seats of average seating in the main auditorium,                                                 stadium, or place of public assembly.

 

SECTION 8-96-11    R-3 MULTI-FAMILY RESIDENTIAL. The R-3 Multiple-Family Residential District is intended to establish and preserve areas containing single-family, two-family, and multiple-family dwellings. It is intended to provide a wide range of housing types while maintaining a moderate density residential character designed to exclude those uses which are not compatible with residential use but permitting certain nonresidential uses which are of particular convenience to the residents of the district.

 

            (1)        Permitted Principal Uses and Structures

 

                        (a)        All uses and structures permitted under R-2.

 

                        (b)        Multi-family dwellings.

 

                        (c)        Mortuary or funeral homes.

                        (d)       Hospitals, clinics, nursing and convalescent homes, and medical offices.

 

                        (e)        Religious, educational, non-profit charitable institutions.

 

                        (f)        Private kindergartens and day nurseries.

 

            (2)        Permitted Accessory Uses and Structures

 

                        (a)        All accessory uses and structures permitted under R-2.

                        (b)        All accessory uses and structures accessory to a principal permitted use or a special exception use are permitted subject to provisions of Section 86.08, 86.09 and 86.10.

 

            (3)        Special Exceptions. The following special exceptions are permitted in the R-3 District, subject to provisions of Section 8-96-15 (F) (4).

                        (a)        All other exceptions permitted under R-2.

 

            (4)        Special Requirements

 

                        (a)        All requirements permitted under R-2.

 

            (5)        Minimum Lot Areas and Width

 

                        (a)        Single and two family dwellings:

                                    The lot areas and widths required within the R-2 District must be                                        met accordingly.

 

                        (b)        Multi-family dwelling:

                                    Area, 10,500 sq. ft.; Plus 2,000 sq. ft. per dwelling unit over four;                                       Width, 75 feet; minimum Depth of not less than 100 feet.                                                    Minimum area supersedes Width and Depth.

 

                        (c)        Other permissible uses:

                                    Area 10,000 sq. ft.; Width 70 feet

            (6)        Minimum Yard Requirements

 

                        (a)        Single, Two-family and Multi-family dwellings:

                                    Front – 30 feet, 25 feet in all subdivisions platted after 1/15/98

                                    Rear – 30 feet

                                    Side: One Story – 7 feet

                                    Side: Two Stories – 10 feet

                                    Side: Three Stories – 12 fee

                                    Street Side, Corner Lot – 15 feet

 

                        (b)        All other uses permitted in this section:

                                    Front – 40 feet

                                    Rear – 40 feet

                                    Side – 20 feet

                                    Street Side, Corner Lots – 25 feet

 

            (7)        Maximum Height – 3 stories or 45 feet

 

            (8)        Minimum Off – Street Parking and Loading Space

 

                        (a)        Dwellings – Two (2) spaces for each dwelling unit plus one (1) space for every two (2) roomers.

 

                        (b)        Other uses permitted – Same as R-1 and R-2

 

SECTION 8-96-12    R-4 MULTI-FAMILY RESTRICTED RESIDENTIAL. The R-4 Multiple-Family Restricted Residential District is intended to establish and preserve areas containing high density multiple-family dwellings. It is intended to provide a wide range of housing types while maintaining a high density residential character designed to exclude those uses which are not compatible with residential use but permitting certain nonresidential uses which are of particular convenience to the residents of the districts.

            (1)        Permitted Principal Uses and Structures

 

                        (a)        Multi-family dwellings.

 

                        (b)        Hotels.

 

                        (c)        Hospitals, clinics, nursing and convalescent homes.

 

                        (d)       Religious, educational, non-profit charitable institutions.

 

                        (e)        Private kindergartens and day nurseries.

 

                        (f)        all permitted principal uses authorized in District R-3.

 

            (2)        Permitted Accessory Uses and Structures

 

                        (a)        All accessory uses and structures permitted under R-3.

 

                        (b)        Uses and structures accessory to a principal permitted use a special exception use are permitted subject to provisions of      Sections 8-96-8, 8-96-9 and 8-96-10.

 

            (3)        Special Exceptions. The following special exceptions are permitted in the R-4 District, subject to provisions of Section 8-96-15 (F) (4)

 

                        (a)        All other exceptions permitted under R-3.

 

            (4)        Special Requirements 

 

                        (a)        All requirements permitted under R-3.

 

 

 

            (5)        Minimum Lot Areas and Width        

(a)        Multi-family dwelling:

                                    Area, 10,500 sq. ft.; Plus 2,000 sq. ft. per dwelling unit over four;                                       Width, 75 feet; minimum Depth of not less than 100 feet.                                                               

                        (b)        Minimum area supersedes Width and Depth as in Section 96.07                                          C.5 (b) above.

 

                        (c)        Other permissible uses:

                                    Area 10,000 sq. ft.; Width 70 feet.

 

            (6)        Minimum Yard Requirements

 

                        (a)        Multifamily dwellings:

                                    Front – 30 feet, 25 feet in all subdivisions platted after 1/15/98

                                    Rear Side – 30 feet

                                    One Story – 7 feet

                                    Two Stories – 10 feet

                                    Three Stories – 12 feet

                                    Street Side, Corner Lot – 20 feet

 

                        (b)        All other uses permitted in this section:

                                    Front – 40 feet

                                    Rear – 40 feet

                                    Side – 20 feet

                                    Street Side, Corner Lots – 25 feet

 

            (7)        Maximum Height – 3 stories or 45 feet. Additional stories, exceeding 45 feet, shall be permitted, provided that for each two (2) feet of building height over forty-five (45) feet, an additional foot (1) shall be added to each of the minimum yard requirements specified within this Section of this ordinance.

 

            (8)        Minimum Off-Street Parking and Loading Space.

 

                        (a)        Dwellings – Two (2) spaces for each dwelling unit plus one (1) space for every two (2) roomers.

            (b)        Other uses permitted – Same as R-3.

 

SECTION 8-96-13    MHP MOBILE HOME PARK RESIDENTIAL. The MHP Mobile Home Park Residential District is intended to accommodate mobile home parks in those areas of the community where such a use will be compatible with existing and projected development. This district will generally be located in outlying areas of the City and should be well served by adequate by adequate sewers, water service, streets, police and fire protection, and similar public facilities and services.

(1)        Permitted Principal Uses and Structures

 

                        (a)        Single-family mobile homes.

                        (b)        Mobile homes designed for two-family use.

 

            (2)        Permitted Accessory Uses and Structures     

 

                        (a)        All accessory uses and structures permitted under R-2, provided they meet the requirements outlined under the R-2 District for said use and structure.

 

                        (b)        Uses and structures accessory to a principal permitted use or a special exception use are permitted subject to provisions of Section 96.08,      96.09 and 86.10.

 

            (3)        Special Exceptions. The following special exceptions are permitted in the MHP District, subject to provisions of Section 8-96-15 (F) (4).

 

                        (a)        All exceptions permitted under R-2, provided they meet the requirements outlined under the R-2 District for said use and structure.

 

            (4)        Special Requirements 

 

                        (a)        Mobile homes converted to real estate must be at least 22 feet wide and must comply with the same yard and area requirements as single-family dwellings in the R-2 District. In addition, the following requirements must be met:

 

                                    (i)         The mobile home shall be located on and permanently attached to a cement slab which is a minimum length of the trailer itself, and of a width of at lest four (4) feet greater than the actual width of the trailer such that the slab extends four (4) feet or more beyond the side of the mobile home on the doorway side.

 

                                    (ii)        Each mobile home shall be permanently connected   to the City sanitary sewer and City water service in accordance with the ordinances, rules, requirements, and regulations of the City of Belle Plaine, Iowa.

 

                                    (iii)       Each mobile home shall have separate and permanent connection to the electric service facilities in accordance with the ordinances, rules, requirements, and regulations of the City of Belle Plaine, Iowa.

 

                                    (iv)       Each mobile home shall comply with all the sanitary and health laws, rules, regulations, and requirements of the State of Iowa, the City of Belle Plaine and further comply with all additional applicable laws, rules, regulations, and requirements of the City of  Belle Plaine and the State of  Iowa.

 

                                    (v)        Prior to the mobile home being located in said District, it shall first be necessary to make an application to obtain a temporary permit for the locations of said home. If the City Council finds the proposed location to be in compliance with all the terms of this ordinance and all the laws, rules, regulations, and requirements of the City of Belle Plaine and the State of Iowa, the Council shall issue a temporary permit.          

 

                                    (vi)       Prior to the transportation of any and all mobile homes, manufactured homes, modular homes, or any structures grater in size than six feet in height within the City of Belle Plaine, it shall first be necessary for the owner of the home or structure to make an application to obtain temporary permit for the transportation of said home. The application must be made to the City Clerk of the City of Belle Plaine who will issue the permit after an approved route for the transportation of the home is received from the Belle Plaine Chief of Police. The applicant will be required to provide to the City Clerk the insurance carrier, legal name and address of the mover. The mover will be required to provide a certificate of insurance to the City Clerk. The transporting of the home shall occur. It will be the responsibility of the transporters to make sure that they comply with the approved transportation route. If any variance is required, they shall contact the Belle Plaine Chief of Police. A violation of the approved transportation route will constitute a misdemeanor offense. 

 

                                    (vii)      Once a temporary permit has been acquired, a further application shall be made to the City Council in order to obtain an occupancy permit. The Council shall then obtain such information and make such inspections as may be necessary to determine that all the terms of this ordinance and other laws, rules, regulations, and requirements of the State of Iowa and the City of Belle Plaine.

 

                                    (viii)     No mobile home shall be located, occupied, or used as a temporary place of residence except in accordance with the provisions of this Ordinance.

 

            (5)        Minimum Lot Areas and Width

A lot of record as of the effective date of this ordnance that has less area or width than here required may be used for any purpose permitted in this district, provided all other provisions of this ordinance are met.

 

                        (a)        Single-family mobile home:

                                    Area, 6,000 square feet; Width, 60 feet; Depth, 100 feet

 

                        (b)        Two-family mobile home:

                                    Area, 6,000 sq. ft.; Plus 1,500 sq. ft. per dwelling unity                                                        over one; Width, 80 feet; minimum Depth of not less than                                                           100 feet. Minimum area supersedes Width and depth as in                                                      8-96-7 D.5 (a) above.

 

                        (c)        Other permissible uses:

                                    Area 10,000 sq. ft; Width 70 feet.

 

            (6)        Minimum Yard Requirements

 

                        (a)        Single, Two-family and Multi-family mobile homes:

                                    Front – 25 feet

                                    Rear – 20 feet

                                    Side:

                                    One Story – 10 feet

                                    Two stories – 15 feet

                                    Street Side, Corner Lots – 15 feet

 

                        (b)        All other uses permitted in this section:

                                    Front – 40 feet

                                    Rear – 40 feet

                                    Side – 20 feet

                                    Street Side – Corner Lots – 25 feet

 

            (7)        Maximum – 1 story or 15 feet.

 

            (8)        Minimum Off-Street Parking and Loading Space

 

                        (a)        Dwellings       

 

SECTION 8-96-14   C-1 COMMERCIAL DISTRICT.              To establish and preserve general commercial areas consisting of shopping centers and commercial strips where customers reach individual business establishments primarily by automobile.

 

            (1)        Permitted Principal Uses and Structures

 

                        Any local Retail business or Service established such as the following:

 

                        Antique Shop

                        Apparel/Clothing (Retail)

                        Auction House

                        Automobile sales, service and repair, service stations, and car washes                                  (note: repair implies mechanical & electrical repairs only). For –                                          Automobile body repair shops see Special Exceptions 96.06 E. 3 (e)

                        Baby Store

                        Bakery (Retail)

                        Banks and financial institutions

                        Barber Shop or Beauty Parlor

                        Bowling alleys, skating rinks, dance halls, theaters, places of amusement,                            golf driving ranges and miniature golf

                        Business and Professional Offices

                        Candy

                        Clothes Cleaning & Laundry Pickup

                        Clothing Store

                        Dairy Retail Store

                        Day Care

                        Drugstore

                        Floral

                        Fruit and Vegetable Market

                        Funeral Homes and Mortuaries

                        Furniture and Appliance

                        Garages, public and private

                        Gas and Petroleum Stations

                        Gift/Variety Shop

                        Government and Public Offices

                        Grocery and Delicatessen

                        Hardware

                        Hobby

                        Hotel, Motel, or Motor Lodge

                        Jewelry

                        Launderette

                        Lumber and Construction Supply

                        Preschool

                        Restaurant, Café, and Soda Fountains

                        Shoe Repair and Retail Sales

                        Sporting Goods

                        Shopping Centers or Malls

                        Storage rental unit

                        All uses and structures permitted under the R-4 District

 

            (2)        Permitted Accessory Uses. Uses and structures accessory to a principal permitted use or a special exceptions use are permitted subject to the provisions of Section 8-96-8, 8-96-9 and 8-96-10.

            (3)        Special Exceptions. The following special exceptions are permitted in the C-2 District, subject      to provisions of Section 8-96-15 (F) (4):

 

                        (a)        Public utilities, veterinary clinics, animal hospitals

 

                        (b)        Feed mills and grain elevators

 

                        (c)        Carnivals, circuses, fairs, road shows                        

                        (d)       Amusement parks

 

                        (e)        Automobile body repair shops

 

 

            (4)        Minimum Lot Areas and Width

 

                        Minimum Lot Area – 10,000 sq. ft.

                        Minimum Width – None

 

A lot of record as of the effective date of this Ordinance that has less area or width than herein required may be used for any purpose permitted in this district, provided all other provisions of this Ordinance are met.

 

            (5)        Minimum Yard Requirements

 

                        Front – 25 feet

Side – None except where abutting on agricultural or residential district a side yard of not less than 10 feet shall be provided.

Rear – None except where abutting on agricultural or residential district a rear yard of not less than 30 feet shall be provided.

 

            (6)        Maximum Height – 2  ½ stories or 35 feet.

 

            (7)        Minimum Off – Street Parking and Loading

 

(a)        Vehicle and Farm Implement Sales, Service and Repair Establishments: One and a one half (1.5) parking spaces for each employee.

 

                        (b)        Bowling Alley – Five (5) spaces for each lane or alley.

 

                        (c)        Dance Halls, Theaters, Places of Amusement, and Skating Rinks.

                                    One (1) space for each 100 sq. ft. of floor area.

 

                        (d)       Motels and Hotels

One (1) space for each unit or suite plus one (1) space for each 200 sq. ft. of  commercial floor area.

 

                        (e)        Barber Shop

                                    One (1) space for each 200 sq. ft. of floor area.

 

                        (f)        Professional and Business Offices Not Listed Elsewhere.

                                    One (1) space for each 100 sq. ft of floor area          

                        (g)        Restaurants, Private Clubs, Night Clubs, Cafes, Taverns.                                                      One (1) space for each 100 sq. ft. of floor area.

 

(h)        Supermarkets, Shopping Centers, Retail Stores, and Service Establishments.

                                    One (1) space for each 150 sq. ft. of floor area outdoor sales space.

 

                        (i)         Furniture, Appliance, Hardware, Building Supplies.

                                    One (1) space for each 250 sq. ft. of floor area.

 

                        (j)         Banks and Financial Institutions.

                                    One (1) space for each 250 sq. ft. of floor area.

 

SECTION 8-96-15    C-2 CENTRAL BUSINESS DISTRICT COMMERCIAL. To establish and preserve a central business district convenient and attractive for a wide range of retail uses and business, government and professional offices and places of amusement in a setting conductive to and safe for a high volume of  pedestrian traffic.            

            (1)        Permitted Principal Uses and Structures       

                        (a)        Apartments, provided that they are located on or above the second floor of the building in which they are located.

 

                        (b)        Commercial amusements.

 

                        (c)        Business offices, professional offices, studios.

 

                        (d)       Personal service and repair shops

 

                        (e)        Financial institutions

 

                        (f)        Retail business

(g)        Restaurants, taverns

 

                        (h)        Wholesale display and sales rooms and offices

 

                        (i)         Private clubs and lodges

 

                        (j)         Business and Vocational Schools

 

                        (k)        Public Utilities

 

                        (l)         Railroads and bus terminals

 

                        (m)       Medical and dental offices

 

                        (n)        Printing, publishing and engraving businesses

                        (o)        Bakery and catering service

 

                        (p)        Laundries and dry cleaning establishments

 

                        (q)        Temples, Churches and Public Buildings

 

            (2)        Permitted Accessory Uses and Structures. Uses and structures accessory to a principal permitted use or a special exception use are permitted subject to the provisions of Section 8-96-8, 8-96-9 and 8-96-10.

 

            (3)        Special Exception: The following special exceptions are permitted in the C-2 District, subject to provisions of Section 8-96-15 (F) (4).

 

                        (a)        Carnivals, circuses, fairs, or road shows.

 

                        (b)        Radio or television broadcasting tower or station.

 

                        (c)        Automobile body repair, Automobile Service shops.

 

                        (d)       Bed and Breakfasts

 

            (4)        Minimum Lot Areas and Width

 

                        (a)        No minimum

 

            (5)        Minimum Yard Requirements

 

                        (a)        Front – No minimum

 

(b)        Corner Lot, Street Side – No minimum for uses permitted under this section.

 

            (6)        Maximum Height – 4 stories or 60 feet

 

            (7)        Minimum Off – Street Parking and Loading Space

 

                        (a)        Parking

                                    (i)         Multi-Family Dwellings

                                                Two (2) spaces for each dwelling unit

 

                                    (ii)        Churches, Temples and Public Buildings

                                                One (1) space for each (6) seats in main auditorium

 

                        (b)        Off Street Loading

One (1) space for each 10,000 square feet of floor area or fraction thereof.

 

                        (c)        Bed and breakfasts

                                    One (1) space for each room or suite

 

SECTION 8-96-16    M-1   LIGHT INDUSTRIAL. To establish and preserve areas for Industrial and related uses of such a nature that they do not create serious problems of compatibility with other kinds of land uses, and to make provision for certain kinds of commercial uses which are necessary to service the immediate needs of people in these areas.

                       

            (1)        Permitted Principal Uses and Structures

 

                        (a)        Animal pound or kennel

 

                        (b)        Contractor’s shop and storage yard

 

                        (c)        Bottling works

 

                        (d)       Dairy processing facility

 

                        (e)        Truck or bus garage and repair shop

 

                        (f)        Farm implement sales, service, repair and assembly

 

                        (g)        Grain elevator and feed mill

(h)        Building material sales and storage

 

                        (i)         Railroads, railroad yards and public utilities

 

                        (j)         Wholesaling and warehousing but not including the bulk storage of liquid fertilizers or flammable liquids

 

                        (k)        Freight terminal

 

                        (l)         Automobile body repair and paint shop

 

                        (m)       Sheet metal products manufacture

 

                        (n)        Frozen food lockers

 

                        (o)        Welding and blacksmith shop

 

                        (p)        Personnel storage lockers and warehouses

 

                        (q)        High technology wholesaling and manufacturing to include electronics, medical biogenetics, computers and software research, and related activities.

            (2)        Permitted Accessory Uses and Structures. Uses and Structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of Section 8-96-8, 8-96-9 and 8-96-10.

 

            (3)        Special Exceptions: The following special exceptions are permitted in the M-1 District, subject to provisions of Section 8-96-15 (F) (4):

 

                        (a)        Radio or television broadcasting tower or station.

 

                        (b)        Carnivals, circuses, fairs, road shows

 

                        (c)        Stock yards and/or sales barns and yards

 

            (4)        Minimum Lot Area

 

                        10,000 sq. ft.

 

A lot of record as of the effective date of this Ordinance that has less area or width than herein required may be used for any purpose permitted in this district, provided all other provisions of this ordinance are met.

 

            (5)        Minimum Yard Requirements

 

                        Front Yard – 20 feet

                        Interior Side Yards – None required

                        Corner Side Yard – 20 feet

                        Rear Yard – None required

 

                        Transitional Yards:

 

Where a side or rear lot line coincides with a side or rear lot line in an adjacent Residence or Commercial District a yard shall be provided along such side or rear lot line and such yard shall be at least equal in depth to that yard required in the abutting district.

 

Where a lot within the M-1 District fronts on a street which forms the boundary line between the M-1 District and a Residence or Commercial District, then such lot shall provide a front yard at least equal in depth to the front yard required in such abutting district.

 

            (6)        Maximum Height

 

                        4 stories or 60 feet.

 

 

(7)        Minimum Off-Street Parking and Loading Space

 

                        (a)        Parking

Warehousing, Storage and Manufacturing: one (1) space for each employee on duty at any one time, plus one (1) for each vehicle used by the industry.

                        (b)        Loading

                                    Off-street Loading: one (1) space, 50 feet by 12 feet, for each                                             20,000 square feet of floor area or fraction thereof.  

SECTION 8-96-17    M-2   HEAVY INDUSTRIAL. To establish and preserve areas for necessary industrial and related uses of such a nature that they required isolation from many other kinds of land uses, and to make provision for commercial uses which are necessary to service the immediate needs of people in their areas.  

 

            (1)        Permitted Principal Uses and Structures       

 

                        (a)        Sheet metal products manufacture.

 

                        (b)        Bulk storage of petroleum products and commercial fertilizers

                        (c)        Asbestos, brick and clay products manufacture

 

                        (d)       Concrete products and central mixing and proportioning plant

 

                        (e)        Flour, feed and grain milling storage

 

                        (f)        Structural iron and steel fabrication

 

                        (g)        Machinery manufacture

 

                        (h)        Paint and varnish manufacture

 

                        (i)         All other uses permitted under M-1

 

            (2)        Permitted Accessory Uses and Structures. Uses and structures accessory to a principal permitted use or a conditional permitted use are permitted subject to the provisions of Section 8-96-8, 8-96-9 and 8-96-10.

 

            (3)        Special Exceptions. The following special exceptions are permitted in the M-2 District, subject to provisions of Section 8-96-15 (F) (4):

 

                        (a)        Carnivals, circuses, fairs, road shows

 

                        (b)        Radio-television broadcasting and microwave towers or stations.

 

                        (c)        Materials recycling

 

                        (d)       Fertilizer manufacture.

 

                        (e)        Junk yards, including automobile wrecking and/or salvage. 

                        (f)        Stock yards, slaughter houses, poultry processing and packaging, and/or sale barns and yards.           

 

                        (g)        Explosive manufacture or storage

 

                        (h)        Acid manufacture

 

            (4)        Minimum Lot Areas and Width

                        None

 

            (5)        Minimum Yard Requirements

 

                        Front Yard – Minimum of 35 feet

                        Interior Side Yard – Minimum of 15 feet each

                        Corner Side Yard – Minimum of 25 feet

                        Rear Yard – Minimum of 25 feet

 

                        Transitional Yards:

 

Where a side or rear lot line coincides with a side or rear lot line in an adjacent Residence or Commercial District, or an existing residential use, a yard shall be provided along such side or rear lot line not less than 45 feet in depth and shall contain landscaping and planting so designed and/or planted to provide an effective visual screen, when viewed horizontally, between 2 feet and 8 feet above average ground level.

Where a lot within M-2 District fronts on a street which forms a boundary line between the M-2 District and a Residential or Commercial District, or an existing residential use, then such lot shall have a front yard of not less than 45 feet in depth. Parking shall not be permitted therein and such yard shall be appropriately landscaped with grass and/or other suitable plantings.

 

            (6)        Maximum Height

 

                        4 stories or 60 feet

 

 

 

 

            (7)        Minimum Off-Street Parking and Loading Space

 

                        (a)        Parking –

Warehousing, Storage and Manufacturing: one (1) space for each Employee on duty at any one time, plus one (1) for each vehicle used by the Industry.

 

                        (b)        Loading –

Off-street Loading: one (1) space, 50 feet by 12 feet, for each 20,000 square feet of floor area or fraction thereof.                 

 

SECTION 8-96-18    P-1  PUBLIC USE. It is intended that the Public Use (P-1) district provide reference on the zoning map to public uses of land. Thus land owned by the City of Belle Plaine, United States Federal Government, the State of Iowa, Benton County, or the Belle Plaine Community School District, will be designated Public Use.

 

            (1)        Permitted Principal Uses and Structures

 

                        (a)        Use of land, buildings or structures of the aforementioned governmental entities or political subdivisions thereof.  

                        (b)        Agriculture

 

            (2)        Permitted Accessory Uses and Structures

                        Uses subject to the provisions of Section 8-96-9.

 

            (3)        Special Exceptions

                        None

            (4)        Minimum Lot Areas and Width

                        None

 

            (5)        Minimum Yard Requirements

 

                        None

 

            (6)        Maximum Height

 

                        None

 

            (7)        Minimum Off-Street Parking and Loading Spaces

 

                        None

SECTION 8-96-19    SIGN REGULATIONS. Regulations of the side, location, and certain features of signs is necessary to enable the public to locate goods, services, and facilities without disruption to surrounding areas; to prevent wasteful use of natural resources; to prevent hazards to life and property; and to assure the continued attractiveness of the community.

 

            (1)        Nameplates. Signs bearing only property numbers, postal box numbers, names of occupants of premises, private parking, or other identification of premises are permitted within all residential districts; and

                        (a)        Shall not exceed tow (2) square feet in area.

 

                        (b)        Must be attached to a structure.

 

            (2)        Church or Public Bulletin Boards

                        (a)        All church bulletin boards which are on church property are permitted in all districts.

 

                        (b)        Public bulletin boards are permitted in C-1, C-2 and public parks, schools, and public places.

 

                                    (i)         Any signs shall not exceed 25 square feet

 

            (3)        Temporary Signs Advertising the Lease or Sale of the Premises or Items on the Premises.

 

                        (a)        Not to be placed in street right-of-way in any district.

 

                        (b)        Not to exceed ten (10) square feet in total area in the following districts: A-1, R-1 through R-4, MHP, and C-2.

                        (c)        Not to exceed twelve (12) square feet in total area in the following districts: C-1, M-1, M-2.

 

                        (d)       All temporary signs must be removed seven (7) days after closing date of sale.

 

            (4)        Billboards and Advertising Signs:

 

                        (a)        The City of Belle Plaine will require that all persons wishing to erect a billboard or advertising sign, in any district, must first notify the City official in charge of permits. If the billboard or advertising sign meets the requirements as put forth in this section, the permit official will issue a free permit for the sign.

 

                        (b)        All signs erected according to this section must meet all other requirements for the district in which they are located. No sign may be placed or extended into the area between the lot-line and any set-back requirement in any district.

 

                        (c)        All signs erected according to this section must meet all other applicable federal and state laws even though said federal and state laws may not be exhibited in this Code.

 

                        (d)       Unrestricted size permitted in A-1 district, provided:

 

                                    (i)         They are not within one hundred (100) feet of any residential district.

 

                                    (ii)        They are not within one hundred (100) feet of an intersection, highway structure, or residence, or another billboard.

 

                                    (iii)       They are not within one hundred (100) feet of a park, school, cemetery, public, or semipublic building.   

 

 

                                    (iv)       They are not within seventy-five (75) feet of the center line of a city or county road, or one hundred (100) feet of state or federal highway.

                        (e)        Permitted in C-2 district, provided:

 

                                    (i)         That they are not to exceed twenty-five (25) square feet in area and are attached to the building in which the establishment is located and shall not be within twenty (20) feet of any residential district or use.

 

                        (f)        Permitted in C-1 district provided:

 

                                    (i)         That they are not to exceed 100 square feet in area and shall not be within thirty (30) feet of any residential district or use.

 

                        (g)        Unrestricted size permitted in M-1 and M-2 districts, provided:

 

                                    (i)         They are not within fifty (50) feet of any residential district.

 

                                    (ii)        They are not within one hundred (100) feet of an intersection, highway structure, or residence, or another billboard.

 

                                    (iii)       They are not within one hundred (100) feet of a park, school, cemetery, public, or semipublic building.

 

                                    (vi)       They are not within seventy-five (75) feet of the center line of a city or country road, or one hundred (100) feet of state or federal highway.

 

            (5)        Illumination of Externally Visible Signs and Nameplates

 

                        (a)        Shall not exceed 200 watts total and shall be lighted only with non-intermittent lighting in the following zone districts:  R-1 through R-4, intermittent lighting shall be allowed in zone districts M-1, M-2, C-1 and dwellings in C-2.

 

                        (b)        Shall not exceed 600 watts per externally visible sign or total watts of 700 for all externally visible signs on the premises and shall be lighted only with non-intermittent lighting in a C-1 district.

 

                        (c)        All signs resembling traffic lights or other safety lights are strictly prohibited in all districts.

 

                        (d)       No further restrictions apply to other districts or uses.

 

            (6)        All signs and billboards shall be maintained in a neat and presentable condition and in the event their use shall cease, they shall be removed within 60 days of the date that their use ceases and the surrounding area restored to a condition free from refuse and rubbish.           

 

SECTION 8-96-20    FENCE, AND HEDGE REGULATIONS

 

            (1)        Fences and hedges when located within a front, side or rear yard, or within five (5) feet of a lot line shall be subject to the following location and height restrictions:

 

                        (a)        No portion of a fence shall exceed seven (7) feet in height.

 

                        (b)        Fences and hedges shall be located so no part thereof is within three (3) feet of an alley one and one-half ( 1 ½) feet of a street right-of-way.

 

                        (c)        In residential districts, fences within the front yard shall not exceed four (4) feet in height.

 

                        (d)       Before issuing a permit for a fence proposed to be located on a lot-line that is shared by two different property owners, the City of Belle Plaine will require the following conditions to be met:

 

                                    (i)         The owners of the properties that share the lot-line on which the proposed fence will be located must sign a written agreement that outlines the material the fence will be constructed from, the location of the fence, the height of the fence, and the agreement of both property owners to all of the above conditions.

 

                                    (ii)        The agreement must then be filed with the County Recorder.                                  

                                    (iii)       A copy of the agreement and proof of its filing with             the County Recorder must be presented to the City official responsible for the issuing of fence permits before the permit will be issued.

 

                                    (iv)       If agreement cannot be reached between the             property owners on a shared lot-line fence, any fence constructed on either property must be a minimum of (3) feet from said shared lot-line.

            (2)        Fenced enclosures shall be provided for outdoor swimming pools with a depth of eighteen (18) inches or more, and shall be subject to the following requirements.

 

                        (a)        Fences must be at least six (6) feet in height from ground level but not to exceed seven (7) feet from the top rim of the pool, and have no spaces that would allow a two (2) inch diameter sphere to pass through,  non-climbable, be chain link or vertical flat fencing. Chicken wire, deer or snow fence is not acceptable.

(b)        Fences must have a self-closing and self-latching device on the gate.

 

                        (c)        Fences must be located so no part thereof is within three (3) feet of an alley or three (3) of a street right-of-way.

 

            (3)        Barbed wire and electric fences shall be subject to the following requirements:

 

                        (a)        Barbed wire and electric fences shall not be allowed in residential or commercial zones.

 

                        (b)        Barbed wire and electric fences shall be prohibited within five (5) feet of a public sidewalk or within four (4) feet of a street right-of-way where a public sidewalk does not exist.          

                        (c)        Electric fences shall not be permitted in any district except for the enclosure of livestock operations in Agricultural zones. (A-1).

 

                        (d)       No electric fence shall carry a charge greater than twenty-five (25) milliampgeres nor a pulsating current longer than one-tenth ( 1/10)           per second in a one-second cycle. All electric fence chargers shall carry the seal of an approved testing laboratory.

 

SECTION 8-96-21    SATELLITE RECEIVING DISHES MAY BE ERECTED AND MAINTAINED ONLY IN A REAR YARD.

 

 

 

SECTION  8-96-22   SUPPLEMENTARY DISTRICT REGULATIONS.

 

            (1)        Visibility at Intersection: On a corner lot in any agricultural or residential district, no fence, wall, hedge or other planting, signs or structure that will obstruct vision between a height of two and one-half (2 ½) feet and ten (10) feet above the centerline grades of the intersecting street shall be erected, placed or maintained within the triangular area formed, the right-of-way liens as such corner and a straight line joining said right-of-way lines at points which are twenty-five (25) feet distant form the intersection of the right-of-way lines, and measured along the right-of-way lines.

 

            (2)        Accessory Building and Structures: No accessory building or structure shall be erected more than one hundred and twenty (120) days prior to the time of completion of the construction or establishment of the principal structure or use to which it is accessory. Accessory buildings and structures shall be limited to eighteen (18) feet in height, and shall be in distance at least five (5) feet from any main buildings and two (2) feet from the property line. No accessory building or structure shall be erected in any yard other than a rear yard and it shall occupy less than thirty percent (30%) of the required rear yard except for private garage. Private garages must meet minimum principal structure front and side yard requirements. All accessory buildings and private garages over two hundred eight (280) square feet must be constructed so that the overhang of the accessory building and the private garage match the overhang of the house.

 

            (3)        One Principal Structure on a Lot: In any district, more than one (1) principal structure housing a permitted principal use may be erected on a single lot provided that the area, yard, and other requirements of this Code shall be met for each structure as though it were on an individual lot.

 

            (4)        Height Regulation Exception: The height limitations contained in the schedules of District Regulations do not apply to spires, belfries, cupolas, chimneys, antennas, water tanks, ventilators, elevator housing, or other structures placed above the roof level and not intended for human use or occupancy.

 

            (5)        Use of Public Right of Way: No portion of the public 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 Ordinance, or for any other purpose that would obstruct the use or maintenance or the public right of way.

 

            (6)        Mobile Homes or Trailers: Mobile homes or trailers occupied as a permanent or temporary place of residence shall be located only in an approved mobile home park district as described by this Code.

 

Prior to the transportation of any and all mobile homes, manufactured homes, or modular homes within the City of  Belle Plaine in said District, it shall first be necessary to make an application to obtain a temporary permit for the transportation of said home. If the City Council finds the proposed route of travel to be in compliance with all the terms of this Ordinance and al the laws, rules, regulations, and requirements of the City of Belle Plaine and the State of Iowa, the Council shall issue a temporary transportation permit.

 

            (7)        Proposed Use Not Covered in this Code: Any proposed use not covered in this code as a permitted use or special exception shall be referred to the Planning and Zoning Commission for a recommendation as to the proper district in which such use should be permitted and the Code amended by the Council as provided in Section 8-86-17 before a permit is issued for such proposed use.

 

            (8)        Building to Have Access: Every Building hereafter erected or structurally altered shall be on a lot having frontage on a public street.

 

            (9)        Handicapped Car Parking: Where handicapped parking spaces are required by state law, a minimum of two (2) percent of the vehicle capacity of the off-street parking area shall be so designated by the proper signs and insignia.

 

            (10)      Home Occupation: Is allowed in all residential zones provided that no home occupation shall be permitted when it is associated with the following characteristics:

 

                        (a)        Any commodity sold upon the premises except that which is conducted on the premise.

 

                        (b)        Any disturbance such as noise, vibration, smoke, dust, odor, heat or glare beyond the confines of the dwelling unit or accessory building.

 

                        (c)        Any exterior display, exterior storage of materials, signs (except as otherwise permitted), house calls after 10:00 p.m. or before 7:00 a.m., or other indication from the exterior that the dwelling unit or accessory building is being used in part for any use other than that of a dwelling or accessory building for purely residential purposes.

 

                        (d)       Employees other than those residing on the premises.

 

                        (e)        Utilizes no more than two on-street parking spaces at any one time.

 

SECTION 8-96-23    APPLICATION OF ZONING DISTRICT REGULATIONS.

 

            (1)        Regulations to be Uniformly Applied: The regulations set by this Chapter shall apply uniformly within each district to each class or kind of structure or land, except as hereinafter provided.

 

            (2)        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.

            (3)        Height, Density, or Yards Shall Not be Violated: 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 to the open spaces than herein required or in any other manner contrary to the provisions of this Code.

 

            (4)        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 purposes of complying with this Code, shall be included as a part of a yard, open space, or off-street parking, or loading space similarly required for any other building.

 

            (5)        Minimum Yards and Lot Areas Shall Not be Reduced: No yard or lot existing at the time of passage of this Code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Code shall meet at least the minimum requirements established by this Code.

 

SECTION 8-96-24    NON-CONFORMING USES

 

            (1)        Intent

                        (a)        If within the districts established by this Chapter or amendments that may later be adopted there exist lots, structures, and use of land and structures which were lawful of land and structures which were lawful before this Code was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Code or future amendments, it is the intent of this Code to permit these non-conformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this Code to be incompatible with permitted uses in the districts involved.

 

                        (b)        It is further the intent of the Code that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures, signs or uses prohibited elsewhere in the same district.

 

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

 

            (2)        Non-Conforming Lots of Record

 

A lot of record as of the effective date of this Ordinance that has less area or width than herein required that has less area or width than herein required may be used for any purpose permitted in the district in which it is located, provided all other provisions of this ordinance are met.

 

            (3)        Non-Conforming Uses of Land

 

Where, at the effective date of adoption or amendment of this Code, lawful use of land exists that is mage no longer permissible under the terms of this Code as enacted and amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

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

 

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

 

                        (d)       If any such non-conforming use of land ceases for any reason for a period of more than one hundred eighty days (180), any subsequent use of such land shall conform to the regulations specified by this Code for the district in which such land is located.

            (4)        Non-Conforming Uses of Structures

 

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

 

                        (a)        No such structure may be enlarged or altered in a way which increases its non-conformity.

 

                        (b)        Should such structure by destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Code. The determination of the replacement cost must be determined by a licensed property appraiser.

 

            (5)        Non-Conforming Uses of Structures                         

 

If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this Code, that would not be allowed in the district under the terms of this Code, the lawful use may be        continued so long as it remains otherwise lawful, subject to the following provisions:

 

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

 

                        (b)        Any non-conforming use may be extended throughout any parts of a building which wee manifestly arranged or designed for such use at the time of adoption or amendment of this Code, but no such use shall be extended to occupy any land outside such building:

 

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

 

                        (d)       When a non-conforming use of a structure, land, or structure and land in combination, is discontinued or abandoned for six (6) consecutive months, the structure thereafter shall not be used except in conformance with regulations of the district in which it is located;

 

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

 

            (6)        Repairs or Maintenance

 

                        (a)        On any building devoted in whole or in part to any non-conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding content of the building as it existed at the time of passage or amendment of this Code shall not be increased.

 

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

 

            (7)        Uses Under Exception Provisions Not Non-Conforming Uses

USES

Any use for which a special exception is permitted as provided in this Chapter shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district.

 

SECTION 8-96-25    ADMINISTRATION AND ENFORCEMENT

 

            (1)        ADMININISTRATION AND ENFORCEMENT

 

                        (a)        An administrative officer designated by the City Council shall administer and enforce this ordinance. He or she may be provided with the assistance of such other persons as the City Council may direct.

 

                        (b)        If the administrative officer shall find that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Code to insure compliance with or to prevent violation of its provisions.

 

            (2)        APPEALS OF THE DECISION OF THE ADMINISTRATIVE OFFICER.

 

Appeals form any decision of the administrative officer may be taken to the Board of Adjustment as provided in Section 8-96-14 (F) (2).

 

SECTION 8-96-26    PERMITS AND FEES.

 

            (1)        Construction Permit. No buildings shall hereafter be erected, reconstructed or structurally altered nor shall work be started upon same until a construction permit for same has been issued by the Administrative officer, which permit shall state that the proposed building complies with all provisions of this Code. This permit is valid for one (1) year following issuance for one and two-family dwellings and eighteen (18) months for multi-family, commercial and industrial structures. Any structures less than fifty (50) square feet and erection of fences are exempt from building permit but must comply with all laws and ordinances which might regulate such structures or fences.

 

            (2)        Fees

 

                        (a)        The Administrative officer is directed to issue permits, under the Zoning Ordinance, for the construction or alteration of residential, commercial or industrial buildings, and to charge fees therefore in such amounts as may be established from time to time by resolution of the City Council. Such fees as are required shall be credited to the General Fund of the City of Belle Plaine, Iowa. Building permits shall be issued without charge, however, to:

 

                                    (i)   The United Sates Government or any political subdivision thereof, and

                                    (ii)   The State of Iowa or any political subdivisions thereof, and

                                    (iii)   To any religious group for the construction of a church or parochial school.

 

            (3)        Permit Violation of Construction Time Line. When a construction permit is issued and the building or structure is not completed within three hundred sixty-five (365) days the owner shall be guilty of a municipal infraction and shall be fined $500.00, and shall be required to obtain a ninety (90) day building permit extension. If the building or structure is not completed within (90) day extension period, the owner shall be guilty of a municipal infraction and shall be fined not more than $750.00. The property owner shall then appear before the City Council and present a proposal to complete the construction of the building. The City Council shall consider each case on its own merits and circumstances.

 

SECTION 8-96-27    BOARD OF ADJUSTMENT.

   

            (1)        Creation and Membership. A Board of Adjustment is hereby established. The Board shall consist of vie (5) members to be appointed for a term of five (5) members to be appointed for a term of five (5) years excepting that when the Board shall first be created one member shall be appointed for a term of three (3) years, one for a term of two (2) years, and one for a term of one (1) year. Members of the Board of Adjustment may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies shall be filled by the City Council for the unexpired term of the member affected.

 

Membership of the Board of Adjustment can consist of members of the Planning and Zoning Board. However, Planning Zoning Board membership on the Board of Adjustment can never be the majority membership of the Board of Adjustment.

 

            (2)        Proceedings of the Board of Adjustment. The Board of Adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this Code. Meetings shall be held at the call of the chairperson and at such other times as the Board may determine. The chairperson, or in his or her absence the acting chairman, may administer oaths and compel attendance of witnesses. All meetings hall be open to the public.

 

The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Administrative officer and shall be a public record.

 

            (3)        Finality of Decisions and Necessary Vote. All decisions and findings of the Board on any appeal or upon any application for a variance or conditional use, after a public hearing, shall, in all instances, be the final administrative decision and shall be subject to judicial review as by law may be provided.

 

                        (a)        The quorum for a Board of Adjustment meeting shall consist of no less than three (3) of the five (5) members attending. A quorum shall be necessary for a meeting to be considered as an official meeting which allows the Board to take action on any issue before it.

 

                        (b)        The concurring vote of three (3) members of the Board shall be necessary to reverse an order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance or to effect any variation in the application of this chapter.

 

                        (c)        Any issue which receives less than three (3) concurring votes of the members present at an official meeting shall be considered defeated.

 

            (4)        Appeals From the Board of Adjustment. Any persons, or any board, taxpayer, department, board or bureau of the town aggrieved by any decision of the Board of Adjustment may seek review by a court of record within 30 days of such decision, in the manner provided by the laws of the State and particularly by Chapter 414, Code of Iowa.

 

            (5)        Fee. Shall be in such amount as may be established from time to time by resolution of the City Council, shall be paid to the City Clerk at the time an appeal, variance, conditional use, or revised site plan is filed, which fee shall be credited to the General Fund of the City of Belle Plaine.

 

            (6)        The Board of Adjustment: Powers and Duties. The Board of Adjustment shall have the following powers and duties:

 

                        (a)        Administrative Review. To hear and decide appeals where it alleged there was error in any order, requirement, decision, or determination made by the Administrative Officer in the enforcement of this Code.

 

                        (b)        Appeals to the Board of Adjustment. Concerning interpretation or administration of this Chapter may be taken by any person aggrieved or by any officer, department, board of bureau of the governing body of the town affected by any decision of the Administrative Officer.

 

                                    (i)         Such appeals shall be taken within a reasonable time, not to exceed sixty (60) days by filing with the Administrative Officer and with the Secretary of the Board of Adjustment a notice of appeal specifying the grounds thereof. The Administrative Officer shall forthwith transmit to the Board all paper constituting the record upon which the action appealed from was taken.

 

                                    (ii)        The Board of Adjustment shall fix a reasonable time not exceeding 30 days from the date of appeal for the hearing, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time, not exceeding 15 days from the date of the hearing. At the hearing any party may appear in person or by agent or attorney.

 

                                    (iii)       Stay of Proceeding. An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrative officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other 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 Administrative officer from whom the appeal is taken and on due cause shown.

 

                                    (iv)       Special Exceptions: conditions Governing Applications; Procedures. To hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this Chapter; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriated under this Code, or to deny special exceptions when not in harmony with the purpose and intent of this Code. A special exception shall not be granted by the Board of Adjustment unless and until:

                                                (1)        A written application for a special exception is submitted indicating the section of this Chapter under which the special exception is sought and stating the grounds on which it is requested.

 

                                                (2)        Notice shall be given at least fifteen (15) days in advance of the public hearing by publication in a newspaper of general circulation in the City of Belle Plaine and shall be mailed to all property owners within a distance of two hundred feet (200’) of the affected property.

 

                                                (3)        The public hearing shall be held. Any party may appear in person, or by agent or attorney.

 

(4)        The Board of Adjustment shall make a finding that it is empowered under the section of this Code described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

 

In granting any special exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Chapter.             Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this Chapter and punishable under Section 86.16 of this Code. The Board of Adjustment shall prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception.                   

                                    (v)        Variances: Conditions Governing Application: Procedures – To authorize upon appeal in specific cases such variance from the terms of this Code as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of the provisions of this Code would result in unnecessary hardship. A variance from the terms of this Code shall not be granted by the Board of Adjustment unless and until:

 

                                                (1)        A written application for a variance is submitted demonstrating:

 

(a)        That special conditions and circumstances      exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district;

 

(b)               That literal interpretation of the provisions

of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter.

 

(c)        That granting the variance requested will not confer             on the applicant any special privilege that is denied by this Code to other lands, structures, or buildings in the same district. No nonconforming use of neighboring lands, structures, or buildings in the             same district, and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance; and

 

(d)       That the special conditions and circumstances do not result from the actions of the applicants.

 

Notice of public hearing shall be given as in Section 96.14 (F) (b), and in accordance with the State of Iowa open Meetings law                                                                                                                                                   (Chapter 21 of the Code of Iowa).

 

The public hearing shall be held. Any party may appear in person, or by agent or by attorney.

 

The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the             minimum variance that will make possible the reasonable use of the land, building, or structure.

 

The Board of Adjustment shall make findings that the requirements of Section 96.14 (F) (5) (a) have been met by the applicant for a variance.

 

The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose           and intent of this Code, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

 

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted shall be deemed a violation of this Code and punishable under Section 8-96-16 of this Code.

 

Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this code in the district involved, or any use expressly or by implication prohibited by the terms of this Chapter in said district.

 

SECTION 8-96-28    INTERPRETATION OF PROVISIONS. In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this Chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing higher standards, shall be govern.

 

SECTION 8-96-29    VIOLATIONS AND PENALTIES

 

            (1)        Any person, firm, or corporation who shall violate, or fail to comply with the provisions of this Code shall be guilty of a municipal infraction pursuant to Section 364.22, Code of Iowa. Each day such violation continues shall constitute a separate offense.

 

            (2)        The owners or tenants of any building, structure, land or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains a violation, or fails to comply with any provision of this Code may be charged with a municipal infraction. Each day such violation continues shall constitute a separate offense.

 

            (3)        If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or if any building, structure or land is used in violation of this Chapter, the City of Belle Plaine may, in addition to other remedies, institute an injunction, mandamus, or other appropriate lawful action necessary to prevent, correct or abate such violation.

 

            (4)        Upon correction of a zoning violation, the property owner shall notify the City Zoning Administrator. The City Zoning Administrator and one (1) member of the City Council shall inspect the premises ten (10) days of notification to ensure compliance with this Chapter.

 

SECTION 8-96-30    CHANGES AND AMENDMENTS

 

            (1)        Procedure.

 

The regulations imposed and the districts created by this Chapter may be amended from time to time by the City Council, but no such amendments shall be made without public hearing before the City Council and after a report upon the amendment from the Planning and Zoning Board. If the Planning and Zoning Board makes no report within thirty (30) days from the date of passage of the Council’s motion referring the matter to the Planning and Zoning Board, the City Council may proceed with a public hearing without such report or recommendation. At least seven (7) days’ notice of the time and place of such hearing shall be published in a newspaper having general circulation in the City of Belle Plaine.

 

In the event that one or more of the following events should occur, such amendment shall not be passed except by the favorable vote of at least three-fourths of all members of the City Council:

 

                        (a)        The Planning and Zoning Board recommends disapproval of the change or,

 

                        (b)        A protest against such change is filed with the City Council and signed by the owners of twenty (20) percent or more of the area of     the lost included in the proposed change or,

 

                        (c)        A protest against such change is filed with the City Council and signed by the owners of  twenty (20) percent or more of the lots immediately adjacent in the rear of the lots to be rezoned extending the depth of one lot or not to exceed two hundred (200) feet therefrom or,

 

                        (d)       A protest of such change is filed with the City Council and signed by owners of twenty (20) percent of more of the lots directly opposite the lots to be rezoned, extending the depth one lot or not to exceed two hundred (200) feet from the street frontage of such opposite lots. 

            (2)        Form of Application

                        An application for rezoning shall contain the following items:

 

                        (a)        The legal description and local address of the property.

 

                        (b)        The present zoning classification and the zoning classification requested for the property.

 

                        (c)        The existing use and proposed use of the property.

 

                        (d)       The names and addresses of the owners of all property within two hundred (200) feet of the property for which the change is requested.

 

                        (e)        A statement of the reasons why the applicant feels the present zoning classification is no longer valid.

 

                        (f)        A Plat or Site Plan showing the locations, dimensions, and use of the applicant’s property and all property within two hundred (200) feet thereof, including streets, alleys, railroads, and other physical features. A Site Plan containing the following information:

 

                                    (i)         North arrow and scale.

 

                                    (ii)        Location of existing rights-of-way, easements and infrastructure (streets, sewers, water lines, etc.)

 

                                    (iii)       Size and location of existing and proposed structures and drives on the subject property, and existing structures and drives on surrounding properties.

 

                                    (iv)       Location of Floodplain.

 

                                    (v)        Location of proposed drives and parking areas.

 

                                    (vi)       Platted setback lines.

 

                                    (vii)      Elevations of proposed buildings.

 

                                    (viii)     Final grades.

 

                                    (ix)       Landscaping

 

                                    (x)        Name and address of landowner.

 

                                    (xi)       Name and address of architect, landscape architect, engineer, surveyor, or other person involved in the preparation of the plan.

                                    (xii)      Date of preparation of the plan.

 

            (3)        Application Fee. Before any action is taken upon an application as provided in this Article, the applicant shall pay to the Administrative Officer a fee in such amount as may be established by resolution of the City Council. The Administrative Officer shall forthwith pay over such fees to the credit of the General Fund of the City of Belle Plaine, Iowa. The failure to approve an application for rezoning shall not be construed as any reason for refunding the fee to the applicant.

 

                        (a)        Schedule of Fees.  The Belle Plaine City Council shall establish a schedule of fees, charges, and expenses, and a collection procedure for Certificates of Zoning Compliance, appeals, and other matters pertaining to this ordinance. The schedule of fees listed below shall be posted in the Belle Plaine City Hall, and may only be altered or amended by the City Council.

 

No certificate, special exception, or variance shall be issued unless  until such costs, charges, fees, or expenses listed below have been paid in full, nor shall any action be taken on proceedings before the Board of Adjustment unless or until preliminary charges and fees have been paid in full.

 

                                    (i)         Appeal to the Board of Adjustment   $25.00

 

                                    (ii)        Building – $1.00 per thousand dollars of cost improvement with a minimum charge of $10.00.

 

SECTION 8-96-31    SEVERABILITY. This ordinance and the various parts, sections, subsections and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, subsection, section or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of the Ordinance shall not be affected thereby.

 

If any part, sentence, paragraph, subsection, section or clause is adjudged unconstitutional or invalid as applied to a particular property, building or other structure, it is hereby provided that the application of such portion of the Ordinance to other property, buildings or structures shall not be affected thereby.

 

Whenever any condition or limitation is included in an order authorizing any conditional use permit, variance, grading permit, zoning compliance permit, certificate of occupancy, site plan approval or designation of nonconformance, it shall be conclusively presumed that the authorizing officer or body considered such condition or limitation necessary to carry out the spirit and purpose of this ordinance or the requirement of some provision hereof, and to protect the public health, safety and welfare, and that the officer or Board would not have granted the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful.

 

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