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N) Chapters 165 through 175 – Zoning and Subdivision

CHAPTER 165

ZONING REGULATIONS

165.01 Short Title 165.15 M-2 Heavy Industrial District
165.02 Intent and Purpose 165.16 P-1 Public Use
165.03   Compatibility with the Comprehensive Plan 165.17 Sign Regulations
165.04 Definitions 165.18 Fence and Hedge Regulations
165.05   Establishment of Districts and Official Zoning Map 165.19 Satellite Receiving Dishes
165.06 A-1 Agricultural District 165.20   Supplementary District Regulations
165.07 R-1 Single-Family Residential District 165.21 Application of Zoning District Regulations
165.08 R-2 Single- and Two-Family Residential District 165.22   Nonconforming Uses
165.09 R-3 Multi-Family Residential District 165.23   Administration and Enforcement
165.10 R-4 Multi-Family Restricted Residential District 165.24 Permits and Fees
165.11 MHP Mobile Home Park Residential 165.25 Board of Adjustment
165.12 C-1 Commercial District 165.26   Interpretation of Provisions
165.13 C-2 Central Business District Commercial 165.27 Violations and Penalties
165.14 M-1 Light Industrial District 165.28 Changes and Amendments

165.01     SHORT TITLE.  This chapter shall be known, cited, and referred to as the Belle Plaine Zoning Ordinance.

165.02     INTENT AND PURPOSE.  The Belle Plaine Zoning Ordinance, as set forth in the text and map which constitute this chapter, 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 Chapter 414.3 of the Code of Iowa.  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 the 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 chapter 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.

165.03     COMPATIBILITY WITH THE COMPREHENSIVE PLAN.  The standards and requirements contained in this chapter 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.

165.04     DEFINITIONS.  For use in this chapter, the following definitions are given:

  1. “Accessory building, structure, or use” means 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” means 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” means any dedicated public way affording a secondary means of vehicular access to abutting property, and not intended for general traffic circulation.
  4. “Alterations, structural” means any change in the supporting members of a building such as bearing walls, columns, beams or girders.
  5. “Apartment” means 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 multiple units.
  6. “Balcony” means 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” means that portion of a building which is partly below grade. For the purpose of this chapter, a basement is not considered a story unless designed or used for habitable space or business purposes.
  8. “Bed and breakfast” means any single-family or multi-family dwelling unit used for the purpose of overnight or temporary lodging for one or more persons wherein meals may also be provided.
  9. “Board” means the Board of Adjustment as described in Chapter 414.7 of the Code of Iowa.
  10. “Boarding house” means 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 or more persons.
  11. “Broadcast tower” means 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, noncommercial radio towers not exceeding 50 feet in height are not considered broadcast towers.
  12. “Building” means any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind.
  13. “Building envelope” means the area of lot which remains after the minimum yard setbacks, height requirements, and open space requirements of this chapter have been complied with.
  14. “Building height of” means 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” means 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. “Building, main or principal” means a building in which is conducted the principal use of the lot on which it is situated.
  17. “Bulk stations” means 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 12,000 gallons.
  18. “Cellar” means that portion of a building partially or wholly underground. A cellar is non-habitable and is not counted as a story.
  19. “Conditional use” means 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 165.25 of this chapter.
  20. “Child day care facility” means 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 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.
  21. “Deck” means a covered or uncovered platform area projecting from the wall of a building, accessible at or from above grade, and attached to the ground.
  22. “District” means a section or sections of the City within which the regulations governing the use of buildings and premises or the height and area of buildings and premises are uniform.
  23. “Dwelling” means 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 20 feet by 30 feet, excluding an attached garage, if any.
  24. “Dwelling single-family” means a building designed with accommodations for exclusive occupancy by one family.
  25. “Dwelling, two-family” means a building designed with accommodations for occupancy exclusively by two families living independently of each other.
  26. “Dwelling, multiple” means a building designed with accommodations in order to be occupied exclusively by more than two families living independently of each other.
  27. “Family” means two or more persons related by direct lineal descent, marriage, adoption, or placement by a governmental or social service agency, occupying a dwelling unit as a single housekeeping unit or organization. A family may also be two—but not more than two—persons not related by blood, marriage, or adoption.
  28. “Family group care home” means a community-based residential facility which is licensed as a residential care facility under Chapter 135C of the Code of Iowa or as a child foster care facility under Chapter 237 of the Code of Iowa to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for no more than eight developmentally disabled persons and any necessary support personnel. “Family home” does not mean an individual foster care home licensed under Chapter 237 of the Code of Iowa.
  29. “Farm” means an area of not less than 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.
  30. “Feedlot, commercial” means a confined area where 500 or more cattle, swine, sheep, or 30,000 or more fowl are housed, penned, and fed.
  31. “Fence” means any barrier or freestanding structure composed of posts and wire or boards intended to enclose or keep in or out. Bushes, shrubs, or other plant materials are not considered a fence.
  32. “Flood plain” means lands that are subject to a one percent or greater chance of flooding in any given year.
  33. “Floor area” means 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.
  34. “Frontage” means 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.
  35. “Garage, private” means a building that is subordinate or used for the storage of not more than four motor-driven vehicles owned and used by the occupants of the buildings to which it is accessory. Not more than one of the vehicles may be a commercial vehicle of not more than two-ton capacity.
  36. “Garage, public” means 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.
  37. “Garage, storage” means a building or portion thereof designed or used exclusively for term storage by pre-arrangement of motor driven vehicles.
  38. “Garden house” means an accessory structure of not more than 140 square feet in area and having a height of eight feet or less constructed primarily for storage.
  39. “Grade” means 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 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.
  40. “Home occupation” means 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.
  41. “Hotel” means 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.
  42. “Institution” means 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.
  43. “Junk yard” or “salvage yard” means 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 not including areas where such uses are conducted entirely within a completely enclosed building.
  44. “Kennel” means an establishment where small animals are bred, raised, trained, groomed, and boarded for compensation, sale, or other commercial purposes.
  45. “Loading space” means 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 12 by 35 feet and a vertical clearance of at least 14 feet.
  46. “Lot” means 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.
  47. “Lot, corner” means a lot abutting upon two or more streets at their intersections.
  48. “Lot, depth of” means the average horizontal distance between the front and rear lot lines.
  49. “Lot, double frontage” means a lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
  50. “Lot, interior” means a lot other than a corner lot.
  51. “Lot lines” means the lines bounding a lot as defined herein:
  52. “Front lot line” means, 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 line” means that line separating said lot from the street that is designated as the front street in the plat and in the application for a zoning compliance permit.
  53. “Rear lot line” means that lot line opposite and most distant from the 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 10 feet long farthest from the lost line and wholly within the lot.
  54. “Side lot line” means 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 from another lot or lots is an interior side lot line.
  55. “Lot, reversed corner” means a corner lot, the rear of which abuts the side of another lot.
  56. “Lot of record” means a lot that is part of a subdivision the plat of which has been recorded in the office of the County Recorder.
  57. “Lot width” means 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.
  58. “Main building” means a building in which is conducted the principal use of the lot upon which it situated.
  59. “Main use” means the principal use to which the premises are devoted and the principal purpose for which the premises exists.
  60. “Manufactured home” means a factory-built dwelling, which is manufactured or constructed under the authority of 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, Section 435.26.  For the purpose of any of these regulations, manufactured homes shall be considered the same as a single-family detached dwelling.
  61. “Mobile home” means 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 also includes and applies to such vehicles or structures that are located on a permanent or temporary foundation.
  62. “Mobile home park” means any site, lot, field, or tract of land upon which two or more occupied mobile homes are harbored either free of charge or for revenue purposes and 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.
  63. “Mobile home converted to real estate” means 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 rolls of Benton County.
  64. “Motel” means 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.
  65. “Multiple dwelling unit” means a building arranged, designed, and intended for use as a residence by two or more families living independently of each other.
  66. “Nonconforming building” means 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.
  67. “Nonconforming use” means a use that 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.
  68. “Nursing home” means an institution that 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 chapter, a “nursing home” is also considered a convalescent home.
  69. “Open space” means the land area of a site not covered by buildings, rights-of-way, 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.
  70. “Parking space” means a surfaced area, enclosed in the main building or in an accessory building, or unenclosed, having an area of not less than 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.
  71. “Plan” means a comprehensive or general development plan of the City.
  72. “Principal use” means the main use of land or structures as distinguished from secondary or accessory use. For example, a house is a principal use in a residential area; a garage or pool is an accessory use.
  73. “Private” means, in reference to a building, structure, utility, facility, or use, 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 broader sense of something not open or available to the general populace.
  74. “Public” means, in reference to a building, structure, utility, facility, or use, 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.
  75. “Satellite receiving dish” means 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 chapter 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.
  76. “Setback” means the distance required to obtain the front, side, or rear yard open space provisions of this chapter.
  77. “Sign” means any structure or part thereof 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.”.
  78. “Solar panel” means 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.
  79. “Story” means 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 is no floor above it then the space between the floor and the ceiling next above it.
  80. “Story, half” means 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 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.
  81. “Street” means an approved public or private thoroughfare which provides the principal means of vehicular access to abutting property and/or for vehicular passage.
  82. “Structure” means anything constructed or erected, the use of which requires more or 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.
  83. “Travel trailer” or “motor home” or “fifth wheel camper-trailer” means 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 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.
  84. “Trailer camp” or “tourist campground” means 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.
  85. “Variance” means 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:  (i) undue hardship; (ii) unique circumstances; and (iii) applying to property.  The authority to grant variances is vested in the Board of Adjustment pursuant to Chapter 414 of the Code of Iowa.
  86. “Well” means a shaft or tube which is sunk into the ground in order to obtain water, oil, etc.
  87. “Wind generator” or “windmill” means 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.
  88. “Yard” means 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.
  89. “Yard, front” means 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 the building on a street parallel to the lot line having the greater dimension.
  90. “Yard, rear” means 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.
  91. “Yard, side” means 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.

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165.05     ESTABLISHMENT OF DISTRICTS AND OFFICIAL ZONING MAP.

  1. Official Zoning Map. The City is hereby divided into districts, which are 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

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. 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.

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.

  1. Changes in Official Zoning Map:
  2. If in accordance with the provisions of this chapter and Chapter 414.4 of the Code of Iowa, changes are made in district boundaries or other matters 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 chapter which involves matter portrayed on the official zoning map shall become effective until after such change and entry has been made on said map.
  3. 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 by 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.

Any unauthorized change, of any kind whatsoever, in the official zoning map by any person shall constitute a violation of this chapter and be punishable as provided in Section 165.27.

  1. 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:
  2. Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerlines.
  3. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
  4. Boundaries indicated as following corporate limits shall be construed as following corporate limits.
  5. Boundaries indicated as following railroad lines shall be construed to be midway between the main right-of-way.
  6. Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed to move with the actual shore line; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.
  7. Boundaries indicated as parallel to or extensions of features indicated in paragraphs A through E 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.
  8. 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 paragraphs A through F above, the Board of Adjustment shall interpret the district boundaries.
  9. Applicability of Regulations.
  10. Territorial Application. This chapter shall apply to all structures, land, and uses within the corporate limits of the City.
  11. Conversion of Use of 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 chapter 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.
  12. 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 chapter.
  13. Annexed Territory. All territory which may be annexed to the City after adoption of the zoning ordinance shall be classified according to the Planning and Zoning Board’s recommendations prior to annexation and the territory upon annexation may be immediately so classified.
  14. 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 Assessor’s Office.  The vacation must also be identified at this time on the official zoning map.

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165.06     A-1 AGRICULTURAL DISTRICT.  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.
  2. Agriculture, horticulture, dairy farming, poultry farming, livestock farming, general farming, truck gardening, and other agricultural activities.
  3. Single-family dwellings.
  4. Those structures essential to farming operations not otherwise restricted within this chapter.
  5. Parks, playgrounds, and recreation areas.
  6. Permitted Accessory Uses and Structures.
  7. Private garages.
  8. Farm buildings incidental to agricultural uses.
  9. Private greenhouses or plant nurseries not operated for commercial purposes.
  10. Private swimming pools.
  11. Accessory uses or structures according to the provisions of Section 165.20.
  12. Special Exceptions. The following special exceptions are permitted in the A-1 District subject to provisions of Section 165.25(6)(C).
  13. Public Utilities.
  14. Recreational development seasonal or temporary use.
  15. Roadside stand for sale of produce raised on the premises.
  16. Dog kennels and dog runs.
  17. Greenhouses and plant nurseries operated for commercial purposes.
  18. Airport regulations meeting or exceeding the most current FAA Standards and Regulations.
  19. Minimum Lot Areas and Width. Agriculture use or farming requires a minimum of 10 acres.  (See definition of agriculture in this chapter.)
  20. Minimum Yard Requirements.
  21. 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

  1. Other permissible uses under this section:

Front – 40 feet

Rear – 40 feet

Side – 25 feet

Street side, corner lot – 35 feet

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

  1. Maximum Height – 2½ stories or 35 feet.
  2. Minimum Off-Street Parking and Loading Space.
  3. Residential dwellings – two spaces for each dwelling unit.
  4. Special Regulations.
  5. Provision must be made for disposal of manure, other organic wastes, or chemicals 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 paragraph B of this subsection.
  6. 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, 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.
  7. All signage must meet the Sign Regulations described in Section 165.17 of this chapter.

[The next page is 815]

 

165.07     R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT.  The R-1 District is 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.
  2. Single-family dwellings.
  3. Churches and temples.
  4. Public schools, elementary, junior high and high schools.
  5. Parochial or private schools having no rooms used regularly for housing or sleeping purposes.
  6. Public buildings, public and semi-public parks, playgrounds, community centers, libraries, and museums.
  7. Family group care home.
  8. Permitted Accessory Uses and Structures.
  9. Private garages.
  10. Private swimming pools with fencing as stated in Section 165.18.
  11. Private greenhouses not operated for commercial purposes.
  12. Garden houses.
  13. Uses and structures accessory to a principal permitted use or a special exception use are permitted subject to the provisions of Section 165.20.
  14. Temporary buildings used in conjunction with construction work, provided that such buildings are removed within 30 days upon completion of the construction work.
  15. Satellite receiving dish, when conforming to this chapter.
  16. Special Exceptions. The following special exceptions are permitted in the R-1 District, subject to provisions of Section 165.25(6)(C).
  17. Cemetery or mausoleum.
  18. Public utilities.
  19. Swimming pools, golf courses and country club, except miniature courses or driving range operated for a profit.
  20. Mortuary or funeral home.
  21. Care facilities.
  22. Day care centers.
  23. 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, 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, who will issue the permit after an approved route for the transportation of the home is received from the Police Chief.  The applicant will be required to provide to the City Clerk the insurance carrier and 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 Police Chief.  (A violation of the approved transportation route will constitute a misdemeanor offense of Iowa, the Council shall issue a temporary transportation permit.)
  24. Minimum Lot Areas and Width.
  25. Single-family dwelling:

Area – 10,000 square feet

Width – 75 feet

Depth – 100 feet

  1. Other permissible uses under this section:

Area – 10,000 square feet

Width – 75 feet

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

  1. Minimum Yard Requirements.
  2. Single-family dwellings:

Front – 30 feet; 25 feet in all subdivisions platted after January 15, 1998

Rear – 35 feet

Side – 7 feet

Street Side, Corner Lot – 20 feet

  1. All other uses permitted under this section:

Front – 30 feet

Rear – 45 feet

Side – 15 feet

Street Side, Corner Lot – 20 feet

  1. Maximum Height – 2½ stories or 35 feet
  2. Minimum Off-Street Parking and Loading Space.
  3. Dwellings – two spaces for each dwelling unit
  4. Church or temple – one space for every six seats of average seating in the main auditorium.
  5. Country club or golf club – six spaces for each hole.
  6. Community center, library or museum – 10 spaces plus one additional space for every 300 square feet of floor area in excess of 2,000 square feet.
  7. Schools and public buildings – one space for each classroom or office room plus one space for every 10 seats of average seating in the main auditorium, stadium, or place of public assembly.

[The next page is 823]

 

165.08     R-2 SINGLE- AND TWO-FAMILY RESIDENTIAL DISTRICT.  The R-2 District is created 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.
  2. Single-family dwellings.
  3. Two-family dwellings.
  4. Churches and temples.
  5. Public schools, elementary, junior high and high schools.
  6. Parochial or private schools having no rooms used regularly for housing or sleeping purposes.
  7. Public buildings, public and semi-public parks, playgrounds, community centers, libraries, and museums.
  8. Family group care home.
  9. All uses and structures permitted in the R-1 District.
  10. Permitted Accessory Uses and Structures.
  11. Private garages.
  12. Private swimming pools with fencing as stated in Section 165.18.
  13. Private greenhouses not operated for commercial purposes.
  14. Garden houses.
  15. Uses and structures accessory to a principal permitted use or a special exception use are permitted subject to the provisions of Section 165.20.
  16. Temporary buildings used in conjunction with construction work, provided that buildings are removed within 30 days upon completion of the construction work.
  17. Bed and breakfast houses, provided that: (i) such usage is limited to 50 percent or less of the principal dwelling; (ii) one off-street parking space is provided for each rented bedroom; and (iii) 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.
  18. Special Exceptions. The following special exceptions are permitted in the R-2 District, subject to provisions of Section 165.25(6)(C).
  19. Cemetery or mausoleum.
  20. Public utilities.
  21. Swimming pools, golf courses and country clubs, except miniature courses or driving ranges operated for a profit.
  22. Special Requirements.
  23. 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, 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, who will issue the permit after an approved route for the transportation of the home is received from the Police Chief.  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 Police Chief.  A violation of the approved transportation route will constitute a misdemeanor offense.
  24. Separate or divided ownership of each single-family unit of a two-family dwelling unit, provided the following requirements are met:

(1)        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.

(2)        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.

(3)        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.

(4)        Prior to division of the lot or parcel into two parcels, there shall be submitted to the Zoning Administrator 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.

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

  1. Minimum Lot Areas and Width.
  2. 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 chapter, the total area will supersede any conflicting combinations of widths or depths that do not equal the minimum area requirements.  A lot of record as of the effective date of the zoning ordinance which has less area or width than herein required may be used for any purpose permitted in this district, provided all other provisions of this chapter are met.

  1. Two-family dwelling:

Area – 9,000 square feet

Width – 60 feet

Depth – 100 feet

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

  1. Other permissible uses:

Area – 9,000 square feet

Width – 80 feet

Depth – 100 feet

  1. Minimum Yard Requirements.
  2. Single-family dwellings:

Front – 30 feet; 25 feet in all subdivisions platted after January 15, 1998

Rear – 35 feet

Side – 7 feet

Street side, corner lot – 15 feet

  1. Two-family dwellings:

Front – 30 feet

Rear – 35 feet

Side – 8 feet

Street side, corner lot – 15 feet

  1. All other uses permitted under this section:

Front – 30 feet

Rear – 45 feet

Side – 15 feet

Street side, corner lot – 20 feet

  1. Maximum Height – 2½ stories or 35 feet.
  2. Minimum Off-Street Parking and Loading Space.
  3. Dwellings – two spaces for each dwelling unit
  4. Church or temple – one space for each six seats of average seating in the main auditorium.
  5. Country club or golf club – six spaces for each hole.
  6. Community center, library or museum – 10 spaces plus one additional space for every 300 square feet of floor area in excess of 2,000 square feet.
  7. Schools and public buildings – one space for each classroom or office room plus one space for every 10 seats of average seating in the main auditorium, stadium, or place of public assembly.

[The next page is 831]

 

165.09     R-3 MULTI-FAMILY RESIDENTIAL DISTRICT.  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.
  2. All uses and structures permitted under R-2.
  3. Multi-family dwellings.
  4. Mortuary or funeral homes.
  5. Hospitals, clinics, nursing and convalescent homes, and medical offices.
  6. Religious, educational, non-profit charitable institutions.
  7. Private kindergartens and day nurseries.
  8. Permitted Accessory Uses and Structures.
  9. All accessory uses and structures permitted under R-2.
  10. All accessory uses and structures accessory to a principal permitted use or a special exception use are permitted subject to provisions of Section 165.20.
  11. Special Exceptions. The following special exceptions are permitted in the R-3 District, subject to provisions of Section 165.25(6)(C).
  12. All other exceptions permitted under R-2.
  13. Special Requirements.
  14. All requirements permitted under R-2.
  15. Minimum Lot Areas and Width.
  16. Single and two-family dwellings: The lot areas and widths required within the R-2 District must be met accordingly.
  17. Multi-family dwelling:

Area – 10,500 square feet plus 2,000 square feet per dwelling unit over four.

Width – 75 feet.

Minimum depth – not less than 100 feet.

Minimum area supersedes width and depth.

  1. Other permissible uses:

Area – 10,000 square feet.

Width – 70 feet.

  1. Minimum Yard Requirements.
  2. Single, two-family and multi-family dwellings:

Front – 30 feet; 25 feet in all subdivisions platted after January 15, 1998

Rear – 30 feet

Side, one story – 7 feet

Side, two stories – 10 feet

Side, three stories – 12 feet

Street side, corner lot – 15 feet

  1. All other uses permitted in this section:

Front – 40 feet

Rear – 40 feet

Side – 20 feet

Street side, corner lots – 25 feet

  1. Maximum Height – 3 stories or 45 feet
  2. Minimum Off–Street Parking and Loading Space.
  3. Dwellings – two spaces for each dwelling unit plus one space for every two roomers.
  4. Other uses permitted – same as R-1 and R-2.

[The next page is 837]

 

165.10     R-4 MULTI-FAMILY RESTRICTED RESIDENTIAL DISTRICT.  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.
  2. Multi-family dwellings.
  3. Hospitals, clinics, nursing and convalescent homes.
  4. Religious, educational, non-profit charitable institutions.
  5. Private kindergartens and day nurseries.
  6. All permitted principal uses authorized in District R-3.
  7. Permitted Accessory Uses and Structures.
  8. All accessory uses and structures permitted under R-3.
  9. Uses and structures accessory to a principal permitted use or a special exception use are permitted subject to provisions of Sections 165.20.
  10. Special Exceptions. The following special exceptions are permitted in the R-4 District, subject to provisions of Section 165.25(6)(C).
  11. All other exceptions permitted under R-3.
  12. Special Requirements.
  13. All requirements permitted under R-3.
  14. Minimum Lot Areas and Width.
  15. Multi-family dwelling:

Area – 10,500 square feet plus 2,000 square feet per dwelling unit over four.

Width – 75 feet.

Minimum depth – not less than 100 feet.

  1. Minimum area supersedes width and depth.
  2. Other permissible uses:

Area – 10,000 square feet

Width – 70 feet

  1. Minimum Yard Requirements.
  2. Multi-family dwellings:

Front – 30 feet; 25 feet in all subdivisions platted after January 15, 1998

Rear side – 30 feet

One story – 7 feet

Two stories – 10 feet

Three stories – 12 feet

Street side, corner lot – 20 feet

  1. All other uses permitted in this section:

Front – 40 feet

Rear – 40 feet

Side – 20 feet

Street side, corner lots – 25 feet

  1. Maximum Height – 3 stories or 45 feet. Additional stories, exceeding 45 feet, shall be permitted, provided that for every two feet of building height over 45 feet, an additional foot shall be added to each of the minimum yard requirements specified within this section.
  2. Minimum Off-Street Parking and Loading Space.
  3. Dwellings – two spaces for each dwelling unit plus one space for every two roomers.
  4. Other uses permitted – same as R-3.

[The next page is 843]

 

165.11     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 sewers, water service, streets, police and fire protection, and similar public facilities and services.

  1. Permitted Principal Uses and Structures.
  2. Single-family mobile homes.
  3. Mobile homes designed for two-family use.
  4. Permitted Accessory Uses and Structures.
  5. 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.
  6. Uses and structures accessory to a principal permitted use or a special exception use are permitted subject to provisions of Section 165.20.
  7. Special Exceptions. The following special exceptions are permitted in the MHP District, subject to provisions of Section 165.25(6)(C).
  8. All exceptions permitted under R-2, provided they meet the requirements outlined under the R-2 District for said use and structure.
  9. Special Requirements. 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:
  10. 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 least four feet greater than the actual width of the trailer such that the slab extends four feet or more beyond the side of the mobile home on the doorway side.
  11. 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.
  12. 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.
  13. Each mobile home shall comply with all the sanitary and health laws, rules, regulations, and requirements of the State of Iowa and the City and shall further comply with all additional applicable laws, rules, regulations, and requirements of the City and the State.
  14. 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 chapter and all the laws, rules, regulations, and requirements of the City and the State, the Council shall issue a temporary permit.
  15. 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, 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, who will issue the permit after an approved route for the transportation of the home is received from the Police Chief.  The applicant will be required to provide to the City Clerk the insurance carrier and 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 Police Chief.  A violation of the approved transportation route will constitute a misdemeanor offense.
  16. 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 chapter and other laws, rules, regulations, and requirements of the State and the City.
  17. No mobile home shall be located, occupied, or used as a temporary place of residence except in accordance with the provisions of this chapter.
  18. Minimum Lot Areas and Width. A lot of record as of the effective date of the zoning ordinance which has less area or width than here required may be used for any purpose permitted in this district, provided all other provisions of this chapter are met.
  19. Single-family mobile home:

Area – 6,000 square feet

Width – 60 feet

Depth – 100 feet

  1. Two-family mobile home:

Area – 6,000 square feet plus 1,500 square feet per dwelling unit over one

Width – 80 feet

Minimum depth of not less than 100 feet

Minimum area supersedes width and depth.

  1. Other permissible uses:

Area – 10,000 square feet

Width – 70 feet.

  1. Minimum Yard Requirements.
  2. 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

  1. All other uses permitted in this section:

Front – 40 feet

Rear – 40 feet

Side – 20 feet

Street side, corner lots – 25 feet

  1. Maximum – 1 story or 15 feet.
  2. Minimum Off-Street Parking and Loading Space
  3. Dwellings

[The next page is 851]

 

165.12     C-1 COMMERCIAL DISTRICT. The C-1 District is intended 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 establishments,  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 and electrical repairs only.)  For automobile body repair shops see subsection 3 of this section.

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 and 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

  1. 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 165.20.
  2. Special Exceptions. The following special exceptions are permitted in the C-2 District, subject to provisions of Section 165.25(6)(C):
  3. Public utilities, veterinary clinics, animal hospitals
  4. Feed mills and grain elevators
  5. Carnivals, circuses, fairs, road shows
  6. Amusement parks
  7. Automobile body repair shops
  8. Minimum Lot Areas and Width.

Minimum lot area – 10,000 square feet

Minimum width – none

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

  1. Minimum Yard Requirements.
  2. Front – 25 feet
  3. Side – none except where abutting on agricultural or residential district a side yard of not less than 10 feet shall be provided.
  4. Rear – none except where abutting on agricultural or residential district a rear yard of not less than 30 feet shall be provided.
  5. Maximum Height – 2½ stories or 35 feet.
  6. Minimum Off–Street Parking and Loading.
  7. Vehicle and farm implement sales, service and repair establishments – 1½ parking spaces for each employee.
  8. Bowling alley – five spaces for each lane or alley.
  9. Dance halls, theaters, places of amusement, and skating rinks – one space for every 100 square feet of floor area.
  10. Motels and hotels – one space for each unit or suite plus one space for every 200 square feet of commercial floor area.
  11. Barber shop – one space for every 200 square feet of floor area.
  12. Professional and business offices not listed elsewhere – one space for every 100 square feet of floor area
  13. Restaurants, private clubs, night clubs, cafés, taverns – one space for every 100 square feet of floor area.
  14. Supermarkets, shopping centers, retail stores, and service establishments – one space for every 150 square feet of floor area and outdoor sales space.
  15. Furniture, appliance, hardware, building supplies – one space for every 250 square feet of floor area.
  16. Banks and financial institutions – one space for every 250 square feet of floor area.

[The next page is 857]

 

165.13     C-2 CENTRAL BUSINESS DISTRICT COMMERCIAL.  The C-2 District is intended 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.
  2. Apartments, provided that they are located on or above the second floor of the building in which they are located
  3. Commercial amusements
  4. Business offices, professional offices, studios
  5. Personal service and repair shops
  6. Financial institutions
  7. Retail business
  8. Restaurants, taverns
  9. Wholesale display and sales rooms and offices
  10. Private clubs and lodges
  11. Business and vocational schools
  12. Public utilities
  13. Railroads and bus terminals
  14. Medical and dental offices
  15. Printing, publishing and engraving businesses
  16. Bakery and catering service
  17. Laundries and dry cleaning establishments
  18. Temples, churches and public buildings
  19. 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 165.20.
  20. Special Exception. The following special exceptions are permitted in the C-2 District, subject to provisions of Section 165.25(6)(C).
  21. Carnivals, circuses, fairs, or road shows
  22. Radio or television broadcasting tower or station
  23. Automobile body repair
  24. Automobile service shops
  25. Bed and breakfasts
  26. Minimum Lot Areas and Width. No minimum.
  27. Minimum Yard Requirements.
  28. Front – no minimum
  29. Corner lot, street side – no minimum for uses permitted under this section.
  30. Maximum Height – 4 stories or 60 feet
  31. Minimum Off-Street Parking and Loading Space.
  32. Parking

(1)        Multi-family dwellings – two spaces for each dwelling unit

(2)        Churches, temples and public buildings – one space for every six seats in main auditorium

  1. Off-Street Loading – one space for every 10,000 square feet of floor area or fraction thereof
  2. Bed and breakfasts – one space for each room or suite

[The next page is 863]

 

165.14     M-1 LIGHT INDUSTRIAL DISTRICT.  The M-1 District is intended 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.
  2. Animal pound or kennel
  3. Contractor’s shop and storage yard
  4. Bottling works
  5. Dairy processing facility
  6. Truck or bus garage and repair shop
  7. Farm implement sales, service, repair and assembly
  8. Grain elevator and feed mill
  9. Building material sales and storage
  10. Railroads, railroad yards and public utilities
  11. Wholesaling and warehousing but not including the bulk storage of liquid fertilizers or flammable liquids
  12. Freight terminal
  13. Automobile body repair and paint shop
  14. Sheet metal products manufacture
  15. Frozen food lockers
  16. Welding and blacksmith shop
  17. Personnel storage lockers and warehouses
  18. High technology wholesaling and manufacturing to include electronics, medical biogenetics, computers and software research, and related activities.
  19. 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 165.20.
  20. Special Exceptions. The following special exceptions are permitted in the
    M-1 District, subject to provisions of Section 165.25(6)(C):
  21. Radio or television broadcasting tower or station
  22. Carnivals, circuses, fairs, road shows
  23. Stock yards and/or sales barns and yards
  24. Minimum Lot Area – 10,000 square feet

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

  1. 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.

  1. Maximum Height – 4 stories or 60 feet
  2. Minimum Off-Street Parking and Loading Space.

Warehousing, storage and manufacturing – one space for each employee on duty at any one time, plus one for each vehicle used by the industry.

Off-street loading: one space, 50 feet by 12 feet, for every 20,000 square feet of floor area or fraction thereof.

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165.15     M-2 HEAVY INDUSTRIAL DISTRICT.  The M-2 District is intended 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.
  2. Sheet metal products manufacture
  3. Bulk storage of petroleum products and commercial fertilizers
  4. Asbestos, brick and clay products manufacture
  5. Concrete products and central mixing and proportioning plant
  6. Flour, feed and grain milling storage
  7. Structural iron and steel fabrication
  8. Machinery manufacture
  9. Paint and varnish manufacture
  10. All other uses permitted under M-1
  11. 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 165.20.
  12. Special Exceptions. The following special exceptions are permitted in the
    M-2 District, subject to provisions of Section 165.25(6)(C):
  13. Carnivals, circuses, fairs, road shows
  14. Radio-television broadcasting and microwave towers or stations
  15. Materials recycling
  16. Fertilizer manufacture
  17. Junk yards, including automobile wrecking and/or salvage
  18. Stock yards, slaughter houses, poultry processing and packaging, and/or sale barns and yards
  19. Explosive manufacture or storage
  20. Acid manufacture
  21. Minimum Lot Areas and Width. None
  22. 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.

  1. Maximum Height – 4 stories or 60 feet
  2. Minimum Off-Street Parking and Loading Space.

Warehousing, storage and manufacturing – one space for each employee on duty at any one time, plus one for each vehicle used by the industry.

Off-street loading – one space, 50 feet by 12 feet, for every 20,000 square feet of floor area or fraction thereof.

[The next page is 875]

 

165.16     P-1 PUBLIC USE.  It is intended that the P-1 District provide reference on the zoning map to public uses of land.  Thus, land owned by the City, by the 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.
  2. Use of land, buildings or structures of the aforementioned governmental entities or political subdivisions thereof
  3. Agriculture
  4. Permitted Accessory Uses and Structures – uses subject to the provisions of Section 165.20.
  5. Special Exceptions. None
  6. Minimum Lot Areas and Width. None
  7. Minimum Yard Requirements. None
  8. Maximum Height. None
  9. Minimum Off-Street Parking and Loading Spaces. None

[The next page is 885]

 

165.17     SIGN REGULATIONS.  Regulations of the size, location, and certain features of signs are 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. 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 said nameplates:
  2. Shall not exceed two square feet in area.
  3. Must be attached to a structure.
  4. Church or Public Bulletin Boards.
  5. All church bulletin boards which are on church property are permitted in all districts.
  6. Public bulletin boards are permitted in C-1, C-2 and public parks, schools, and public places.

Signs shall not exceed 25 square feet.

  1. Temporary Signs Advertising the Lease or Sale of the Premises or Items on the Premises. Such signs shall:
  2. Not be placed in street right-of-way in any district.
  3. Not exceed 10 square feet in total area in the following districts: A-1, R-1 through R-4, MHP, and C-2.
  4. Not exceed 12 square feet in total area in the following districts: C-1, M-1, M-2.

All temporary signs must be removed seven days after closing date of sale.

  1. Billboards and Advertising Signs.
  2. The City 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.
  3. 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 setback requirement in any district.
  4. 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 of Ordinances.
  5. Unrestricted size permitted in A-1 district, provided:

(1)        They are not within 100 feet of any residential district.

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

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

(4)        They are not within 75 feet of the centerline of a City or County road, or 100 feet of State or federal highway.

  1. Permitted in C-2 District, provided that they do not exceed 25 square feet in area and are attached to the building in which the establishment is located and are not within 20 feet of any residential district or use.
  2. Permitted in C-1 District, provided that they do not exceed 100 square feet in area and are not within 30 feet of any residential district or use.
  3. Unrestricted size permitted in M-1 and M-2 Districts, provided:

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

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

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

(4)        They are not 75 feet of the centerline of a City or County road, or 100 feet of State or federal highway.

  1. Illumination of Externally Visible Signs and Nameplates. The following regulations apply to the illumination of externally visible signs and nameplates:
  2. 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.
  3. 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.
  4. All signs resembling traffic lights or other safety lights are strictly prohibited in all districts.
  5. 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.

165.18     FENCE AND HEDGE REGULATIONS.

  1. Fences and hedges when located within a front, side, or rear yard, or within five feet of a lot line shall be subject to the following location and height restrictions:
  2. No portion of a fence shall exceed seven feet in height.
  3. Fences and hedges shall be located so no part thereof is within three feet of an alley or one and one-half feet of a street right-of-way.
  4. In residential districts, fences within the front yard shall not exceed four feet in height.
  5. 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 will require the following conditions to be met:

(1)        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.

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

(3)        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.

  1. Fenced enclosures shall be provided for outdoor swimming pools with a depth of 18 inches or more, and for hot tubs that do not have lockable covers that can hold 150 pounds and shall be subject to the following requirements.
  2. Fences must be at least six feet in height from ground level but not to exceed seven feet from the top rim of the pool, and have no spaces that would allow a two-inch diameter sphere to pass through, be non-climbable, and be of chain link or vertical flat fencing. Chicken wire, deer, or snow fences are not acceptable.
  3. Fences must have a self-closing and self-latching device on the gate.
  4. Fences must be located so no part thereof is within three feet of an alley or three feet of a street right-of-way.
  5. Barbed wire and electric fences shall be subject to the following requirements:
  6. Barbed wire and electric fences shall not be allowed in residential or commercial zones.
  7. Barbed wire and electric fences shall be prohibited within five feet of a public sidewalk or within four feet of a street right-of-way where a public sidewalk does not exist.
  8. Electric fences shall not be permitted in any district except for the enclosure of livestock operations in Agricultural zones (A-1).
  9. No electric fence shall carry a charge greater than 25 milliamperes or a pulsating current longer than one-tenth per second in a one-second cycle. All electric fence chargers shall carry the seal of an approved testing laboratory.

165.19     SATELLITE RECEIVING DISHES.  Satellite receiving dishes may be erected and maintained only in a rear yard.

165.20     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 feet and 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 lines at such corner and a straight line joining said right-of-way lines at points which are 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 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 18 feet in height, and shall be in distance at least five feet from any main buildings and two 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 30 percent 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 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 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 chapter, 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 chapter.  Prior to the transportation of any and all mobile homes, manufactured homes, or modular homes within the City 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 chapter and all the laws, rules, regulations, and requirements of the City and the State, the Council shall issue a temporary transportation permit.
  7. Proposed Use Not Covered in this Zoning Code. Any proposed use not covered in this chapter as a permitted use or special exception shall be referred to the Planning and Zoning Board for a recommendation as to the proper district in which such use should be permitted and the zoning code amended by the Council as provided in Section 165.28 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. Persons with Disabilities Parking. Where persons with disabilities parking spaces are required by State law, a minimum of two percent of the vehicle capacity of the off-street parking area shall be so designated by the proper signs and insignia.
  10. Home Occupation. Home occupations are allowed in all residential zones provided that no home occupation shall be permitted when it is associated with the following characteristics:
  11. Any commodity sold upon the premises except that which is conducted on the premises.
  12. Any disturbance such as noise, vibration, smoke, dust, odor, heat, or glare beyond the confines of the dwelling unit or accessory building.
  13. 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.
  14. Employees other than those residing on the premises.
  15. Utilizes no more than two on-street parking spaces at any one time.

165.21     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 chapter.
  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 chapter 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 zoning code shall be reduced in dimension or area below the minimum requirements set forth herein.  Yards or lots created after the effective date of the zoning code shall meet at least the minimum requirements established by this chapter.

165.22     NONCONFORMING USES.

  1. If within the districts established by this chapter or amendments that may later be adopted there exist lots, structures, and uses 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 chapter or future amendments, it is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved.
  2. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, or used as grounds for adding other structures, signs, or uses prohibited elsewhere in the same district.
  3. 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 the zoning 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 where 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.
  4. Nonconforming Lots of Record. A lot of record as of the effective date of the zoning ordinance 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.
  5. Nonconforming Uses of Land. Where, at the effective date of adoption or amendment of the zoning code, lawful use of land exists that is made no longer permissible under the terms of this chapter, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
  6. No such nonconforming use shall be enlarged or increased or extended to occupy a greater use of land than was occupied at the effective date of adoption or amendment of the zoning code.
  7. No such nonconforming 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 the zoning code.
  8. If any such nonconforming use of land ceases for any reason for a period of more than 180 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
  9. Nonconforming 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.
  10. No such structure may be enlarged or altered in a way which increases its nonconformity.
  11. 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 chapter. The determination of the replacement cost must be determined by a licensed property appraiser.
  12. Nonconforming Uses of Structures or Structure and Premises in Combination. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of the zoning code, but which would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
  13. No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, 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.
  14. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the zoning code, but no such use shall be extended to occupy any land outside such building.
  15. Any structure, or structure and land in combination, in or on which a nonconforming 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.
  16. When a nonconforming use of a structure, land, or structure and land in combination, is discontinued or abandoned for six consecutive months, the structure thereafter shall not be used except in conformance with regulations of the district in which it is located.
  17. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
  18. Repairs or Maintenance.
  19. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 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 chapter shall not be increased.
  20. 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.
  21. Uses Under Exception Provisions Not Nonconforming 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.

165.23     ADMINISTRATION AND ENFORCEMENT.

  1. An administrative officer designated by the City Council shall administer and enforce this chapter. Said officer may be provided with the assistance of such other persons as the City Council may direct.
  2. If the administrative officer shall find that any of the provisions of this chapter are being violated, such officer shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The administrative officer 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 chapter to insure compliance with or to prevent violation of its provisions.
  3. Appeals from any decision of the administrative officer may be taken to the Board of Adjustment as provided in Section 165.25(4).

165.24     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 chapter.  This permit is valid for one year following issuance for one- and two-family dwellings and fences, and 18 months for multi-family, commercial, and industrial structures.  Any structures less than 50 square feet are exempt from building permit but must comply with all laws and ordinances which might regulate such structures.
  2. The Zoning Administrator is directed to issue permits under this chapter for the construction or alteration of residential, commercial, or industrial buildings and fences and to charge fees therefor 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.  Building permits shall be issued without charge, however, to:
  3. The United Sates Government or any political subdivision thereof.
  4. The State of Iowa or any political subdivisions thereof.
  5. Any religious group for the construction of a church or parochial school.
  6. Permit Violation of Construction Time Line. When a construction permit is issued and the building or structure or fence is not completed within 365 days, the owner shall be guilty of a municipal infraction and shall be fined $500.00, and shall be required to obtain a 90-day building permit extension.  If the building or structure or fence is not completed within the 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.

165.25     BOARD OF ADJUSTMENT.

  1. Creation and Membership. A Board of Adjustment is hereby established.  The Board shall consist of five members to be appointed for staggered terms of five years.  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 chapter.  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 Chairperson may administer oaths and compel attendance of witnesses.  All meetings shall 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 Zoning Administrator 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.
  4. The quorum for a Board of Adjustment meeting shall consist of no less than three of the five 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.
  5. The concurring vote of three 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 chapter or to effect any variation in the application of this chapter.
  6. Any issue which receives less than three concurring votes of the members present at an official meeting shall be considered defeated.
  7. Appeals from the Board of Adjustment. Any person or any board, taxpayer, department, or bureau of the City 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.
  8. Fees shall be in such amounts 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.
  9. The Board of Adjustment; Powers and Duties. The Board of Adjustment shall have the following powers and duties:
  10. Administrative Review. To hear and decide appeals where it alleged there was error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this chapter.
  11. 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, or bureau of the City affected by any decision of the Zoning Administrator.

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

(2)        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.

(3)        Stay of Proceedings.  An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would, in the opinion of the Zoning Administrator, 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 Zoning Administrator from whom the appeal is taken and on due cause shown.

  1. 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 chapter, or to deny special exceptions when not in harmony with the purpose and intent of this chapter.  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 15 days in advance of the public hearing by publication in a newspaper of general circulation in the City and shall be mailed to all property owners within a distance of 200 feet 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 chapter 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 165.27 of this chapter.  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.

  1. Variances; Conditions Governing Application; Procedures. To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship.  A variance from the terms of this chapter shall not be granted by the Board of Adjustment unless and until a written application for a variance is submitted demonstrating:

(1)        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.

(2)        That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

(3)        That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter 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.

(4)        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 165.25(6)(C)(2), 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 165.25(6)(D) 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 chapter, 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 chapter and punishable under Section 165.27 of this chapter.  Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.

165.26     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 govern.

165.27     VIOLATIONS AND PENALTIES.

  1. Any person, firm, or corporation who shall violate, or fail to comply with the provisions of this chapter shall be guilty of a municipal infraction. 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 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 Zoning Administrator. The City Zoning Administrator and one member of the City Council shall inspect the premises within 10 days of notification to ensure compliance with this chapter.

165.28     CHANGES AND AMENDMENTS.

  1. 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 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 days’ notice of the time and place of such hearing shall be published in a newspaper having general circulation in the City.  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:
  2. The Planning and Zoning Board recommends disapproval of the change.
  3. A protest against such change is filed with the City Council and signed by the owners of 20 percent or more of the area of the lots included in the proposed change.
  4. A protest against such change is filed with the City Council and signed by the owners of 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 200 feet therefrom.
  5. A protest of such change is filed with the City Council and signed by owners of 20 percent of more of the lots directly opposite the lots to be rezoned, extending the depth one lot or not to exceed 200 feet from the street frontage of such opposite lots.
  6. Form of Application. An application for rezoning shall contain the following items:
  7. The legal description and local address of the property.
  8. The present zoning classification and the zoning classification requested for the property.
  9. The existing use and proposed use of the property.
  10. The names and addresses of the owners of all property within 200 feet of the property for which the change is requested.
  11. A statement of the reasons why the applicant feels the present zoning classification is no longer valid.
  12. A plat or site plan showing the locations, dimensions, and use of the applicant’s property and all property within 200 feet thereof, including streets, alleys, railroads, and other physical features. A site plan containing the following information:

(1)        North arrow and scale.

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

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

(4)        Location of flood plain.

(5)        Location of proposed drives and parking areas.

(6)        Platted setback lines.

(7)        Elevations of proposed buildings.

(8)        Final grades.

(9)        Landscaping.

(10)      Name and address of landowner.

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

(12)      Date of preparation of the plan.

  1. Application Fee. Before any action is taken upon an application as provided in this section, the applicant shall pay to the Zoning Administrator a fee in such amount as may be established by resolution of the City Council.  The Zoning Administrator shall forthwith pay over such fees to the credit of the General Fund of the City.  The failure to approve an application for rezoning shall not be construed as any reason for refunding the fee to the applicant.
  2. Schedule of Fees. The 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 chapter.  The schedule of fees listed below shall be posted in the City Hall, and may only be altered or amended by the City Council.  No certificate, special exception, or variance shall be issued unless and 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.
  3. Appeal to the Board of Adjustment – $25.00
  4. Building – $1.00 per $1,000.00 of cost improvement with a minimum charge of $10.00.

 

EDITOR’S NOTE
The following ordinances have been adopted amending the Official Zoning Map described in Section 165.05 of this chapter and have not been included as a part of this Code of Ordinances but have been specifically saved from repeal and are in full force and effect.

 

Ordinance No. Date Adopted Ordinance No. Date Adopted
647
98-4
17-4 May 15, 2017
18-1 May 7, 2018

 

 

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CHAPTER 170

SUBDIVISION REGULATIONS

170.01 Short Title 170.20 Block and Lot Standard
170.02 Purpose 170.21 Parks and Open Space
170.03 Application and Jurisdiction 170.22 Parks and School Sites Reserved
170.04 Recording of Plat 170.23   Nonresidential Subdivisions
170.05 Fee Established 170.24   Pre-Application Conference
170.06 Penalties 170.25 Sketch Plan Required
170.07 Building Permit to Be Denied 170.26 Presentation to Planning and Zoning Board
170.08 Terms Defined 170.27 Subdivision Classified
170.09 Improvement Required 170.28 Plats Required
170.10 Inspection 170.29 Requirements of the Preliminary Plat
170.11 Minimum Improvements 170.30 Procedure for Review of Preliminary Plats
170.12 Easements Required 170.31 Duration of Approval of Preliminary Plat
170.13 Maintenance Bond Required 170.32   Authorization to Install Improvements
170.14 Standards Prescribed 170.33 Completion and Acceptance of Improvements
170.15 Land Suitability 170.34 Performance Bond Permitted
170.16 Lands Subject to Flooding 170.35 Requirements of the Final Plat
170.17 Plat to Conform to Comprehensive Plan 170.36 Variations and Exceptions
170.18 Construction Standards for Improvements 170.37 Changes and Amendments
170.19 Street Standards  

170.01     SHORT TITLE.  This ordinance shall be known as the “Subdivision Ordinance” of the City of Belle Plaine.

170.02     PURPOSE.  The purpose of this chapter is to provide minimum standards for the design, development, and improvement of all new subdivisions and resubdivisions of land, so that existing land uses will be protected, and so that adequate provisions are made for public facilities and services, and so that growth occurs in an orderly manner, consistent with the Comprehensive Plan, and to promote the public health, safety and general welfare of the citizens of the City.

170.03     APPLICATION AND JURISDICTION.  Every owner of any tract or parcel of land lying within the City or, pursuant to Section 354.9 of the Code of Iowa, within two miles of the corporate limits of the City who has subdivided or shall hereafter subdivide the same into three or more parts for the purpose of laying out an addition, subdivision, building lot or lots, or acreage lots, shall cause plats of such area to be made in the form, and containing the information, as hereinafter set forth before selling any lots therein contained or placing the plat on record.

170.04     RECORDING OF PLAT. Upon the approval of the final plat, it shall be the duty of the subdivider to immediately file such plat with the County Auditor and County Recorder, as required by law.  Such approval shall be revocable after 30 days, unless such plat has been duly recorded and evidence thereof filed with the City Clerk within such 30 days.

170.05     FEE ESTABLISHED.  The Council shall from time to time establish, by resolution, fees for review of plats.  No plat for any subdivision or resubdivision shall be considered filed with the City Clerk, unless and until said plat is accompanied by the fee.

170.06     PENALTIES. Any person who shall dispose of or offer for sale any lot or lots within the area of jurisdiction of this chapter, until the plat thereof has been approved by the Council, and recorded as required by law, shall forfeit and pay $100.00 for each lot or part of lot sold, disposed of or offered for sale.  Nothing contained herein shall in any way limit the City’s right to any other remedies available to the City for the enforcement of this chapter.

170.07     BUILDING PERMIT TO BE DENIED.  No building permit shall be issued for construction on any lot, parcel, or tract, where a subdivision is required by this chapter, unless and until a final plat of such subdivision has been approved and recorded in accordance with this chapter, and until the improvements required by this chapter have been accepted by the City.

170.08     TERMS DEFINED.  For the purposes of this chapter, certain words herein shall be defined as and interpreted as follows.

  1. “Acquisition plat” means the graphical representation of the division of land or rights in land, created as the result of a conveyance or condemnation for right-of-way purposes by an agency of the government or other persons having the power of eminent domain.
  2. “Aliquot part” means a fractional part of a section within the United States public land survey system. Only the fractional parts one-half, one quarter, one-half of one-quarter, or one-quarter of one quarter shall be considered an aliquot part of a section.
  3. “Alley” means public property dedicated to public use primarily for vehicular access to the back or side of properties otherwise abutting on a street.
  4. “Auditor’s plat” means a subdivision plat required by either the auditor or the assessor, prepared by a surveyor under the direction of the Auditor.
  5. “Block” means an area of land within a subdivision that is entirely bounded by streets, railroad right-of-way, rivers, tracts or public land, or the boundary of the subdivision.
  6. “City Engineer” means the professional engineer registered in the State of Iowa designated as City Engineer by the Council or other hiring authority.
  7. “Comprehensive Plan” means the general plan for the development of the community, which may be titled master plan, comprehensive plan, or some other title, which plan has been adopted by the Council. Such Comprehensive Plan shall include any part of such plan separately adopted, and any amendment to such plan or parts thereof.
  8. “Conveyance” means an instrument filed with a recorder as evidence of the transfer of title to land, including any form of deed or contract.
  9. “Cul-de-sac” means a street having one end connecting to another street, and the other end terminated by a vehicular turnaround.
  10. “Division” means dividing a tract or parcel of land into two parcels of land by conveyance or for tax purposes. The conveyance of an easement, other than public highway easement, shall not be considered a division for the purpose of this chapter.
  11. “Easement” means an authorization by a property owner for another to use a designated part of said owner’s property for a specified purpose.
  12. “Flood hazard area” means any area subject to flooding by a one percent probability flood, otherwise referred to as a 100-year flood; as designated by the Iowa National Resources Council or the Federal Insurance Administration.
  13. “Floodway” means the channel of a river or other watercourse and the adjacent lands that must be reserved in order to discharge the waters of a 100-year flood without cumulatively raising the waterway surface elevation more than one foot.
  14. “Forty acre aliquot part” means one-quarter of one quarter of a section.
  15. “Government lot” means a tract, within a section, that is normally described by a lot number as represented and identified on the township plat of the United States public land survey system.
  16. “Improvements” means changes to land necessary to prepare it for building sites, including (but not limited to) grading, filling, street paving, curb paving, sidewalks, walkways, water mains, sewers, drainageways, and other public works and appurtenances.
  17. “Lot” means a tract of land represented and identified by number or letter designation on an official plat.
  18. “Lot, corner” means a lot situated at the intersection of two streets.
  19. “Lot, double frontage” means any lot that is not a corner lot that abuts two streets.
  20. “Metes and bounds description” means a description of land that uses distances and angles, uses distances and bearings, or describes the boundaries of the parcel by reference to physical features of the land.
  21. “Official plat” means either an auditor’s plat or a subdivision plat that meets the requirements of this chapter and has been filed for record in the offices of the recorder, auditor, and assessor.
  22. “Owner” means the legal entity holding title to the property being subdivided, or such representative or agent as is fully empowered to act on its behalf.
  23. “Parcel” means a part of a tract of land.
  24. “Performance bond” means a surety bond or cash deposit made out to the City in an amount equal to the full cost of the improvements which are required by this chapter, said cost being estimated by the City Engineer, and said surety bond or cash deposit being legally sufficient to secure to the City that said improvements will be constructed in accordance with this chapter.
  25. “Permanent real estate index number” means a unique number or combination of numbers assigned to a parcel of land pursuant to Section 441.29 of the Code of Iowa.
  26. “Planning and Zoning Board” means the appointed board designated by the Council for the purpose of this chapter.
  27. “Plat means a map drawing, or chart on which a subdivider’s plan for the subdivision of land is presented, that the subdivider submits for approval and intends, in final form, to record.
  28. “Plats officer” means the individual assigned the duty to administer this chapter by the Council or other appointing authority.
  29. “Plat of survey” means the graphical representation of survey of one or more parcels of land, including a complete and accurate description of each parcel within the plat, prepared by a registered land surveyor.
  30. “Proprietor” means a person who has a recorded interest in land, including a person selling or buying land pursuant to a contract, but excluding persons holding mortgage, easement, or lien interest.
  31. “Resubdivision” means any subdivision of land that has previously been included in a recorded plat. In appropriate context it may be a verb referring to the act of preparing a plat of previously subdivided land.
  32. “Street” means public property, not an alley, intended for vehicular circulation. In appropriate context the term may refer to the right-of-way bounded by the property lines of such public property, or may refer to the paving installed within such right-of-way.
  33. “Street, arterial” means a street primarily intended to carry traffic from one part of the City to another, and not intended to provide access to abutting property.
  34. “Street, collector” means a street primarily designed to connect smaller areas of the community, and to carry traffic from local streets to arterial streets.
  35. “Subdivider” means the owner of the property being subdivided, or such other person or entity empowered to act on the owner’s behalf.
  36. “Subdivision” means the division of land into two or more parts for the purpose, whether immediate or future, of transfer of ownership or building development. The term, when appropriate to the context, may refer to the process of subdividing or to land subdivided.
  37. “Subdivision plat” means the graphical representation of the subdivision of land, prepared by a registered land surveyor, having a number or letter designation for each lot within the plat and a succinct name or title that is unique for the county where the land is located.
  38. “Surveyor” means a registered land surveyor who engages in the practice of land surveying pursuant to Chapter 542B of the Code of Iowa.
  39. “Tract” means an aliquot part of a section, a lot within an official plat, or a government lot.
  40. “Utilities” means systems for the distribution or collection of water, gas, electricity, wastewater, and storm water.

170.09     IMPROVEMENT REQUIRED.  The subdivider shall, at his or her expense, install and construct all improvements required by this chapter.  All required improvements shall be installed and constructed in accordance with the design standards established for such improvements by the City and the City Engineer, and as shown on the approved preliminary plat.

170.10     INSPECTION. All improvements shall be inspected to insure compliance with the requirements of this chapter by the City Engineer.  The cost of such inspection shall be borne by the subdivider and shall be the actual cost of the inspection to the City.

170.11     MINIMUM IMPROVEMENTS.  The improvements set forth below shall be considered the minimum improvements necessary to protect the public health, safety, and welfare.

  1. The subdivider of land being subdivided shall provide the grading of the entire street right-of-way, alley, or public place and provide appropriate paving, including curb and gutter on all streets.  All streets or alleys shall be of such width and shall be so constructed as to meet the design standards of the City exhibited in Section 170.19 of this chapter.  Under some circumstances the City may require, as a condition for approval of the plat, dedication and improvement of a street having a width greater than necessary to meet the needs of the platted area, but necessary to complete the City street system as it relates to both the area being platted and other areas.  In such event, the City will pay the subdivider the difference in cost of improving the wider street and the street width reasonable to meet the foreseeable needs of the subdivision taken alone.  The streets shall upon final approval and acceptance by the City, become the property of the City.
  2. Sanitary Sewer System. The subdivider of the land being platted shall make adequate provision for the disposal of sanitary sewage from the platted area with due regard being given to present or reasonably foreseeable needs.  There shall be constructed, at the subdivider’s expense, a sanitary sewer system including all necessary pumping stations, pumping equipment, sewer access holes, and all other necessary or desirable appurtenances to provide for the discharge of sanitary sewage from all lots or parcels of land within the platted area to a connection with the City’s sanitary sewer.  The sanitary sewer system shall be constructed in accordance with the plans and specifications of the City and at the sewer grades as established by the City.
  3. Under some circumstances the City may require, as a condition for approval of the plat, installation of a sanitary sewer that is larger than necessary to meet the needs of the platted area, but necessary to complete the City sanitary sewer system as it relates to both the area being platted and other areas. In such event, the City will pay the subdivider the difference in cost of pipe and installation between the larger sewer and the diameter of sewer reasonable to meet the foreseeable needs of the area.
  4. The above mentioned facilities for the collection and disposal of sanitary sewage from the platted area shall, upon final approval and acceptance by the City, become the property of the City.
  5. Storm Sewer System. The subdivider of land being platted shall install and construct a storm sewer system adequate to serve the area, including anticipated extension of use to serve additional areas.  The storm sewer system shall be constructed in accordance with plans and specifications of the City and at sewer grades established by the City.
  6. The storm water drainage system shall by separated and independent of any sanitary sewer system.
  7. Inlets shall be provided so that surface water is not carried across or around any intersection, not for a distance of more than 600 feet in the gutter. Under some circumstances the City may require, as a condition for approval of the plat, installation of a storm sewer system that is larger than necessary to meet the needs of the platted area, but necessary to complete the City storm sewer system as it relates to both the area being platted and other areas.  In such event, the City will pay the subdivider the difference in cost of pipe and installation between the larger sewer and the diameter of sewer reasonable to meet the foreseeable needs of the area.
  8. Storm sewer facilities shall be located in the road right-of-way where feasible, or in the perpetual unobstructed easements of appropriate width.
  9. In the storm sewer design phase, the Council shall study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. City drainage studies together with such other studies as shall be appropriate shall serve as a guide to needed improvements. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Council may withhold approval of the subdivision until provision has been made for the recovery of the cost for the improvement of said potential condition in such sum as the Council shall determine.  No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility.
  10. The storm sewers shall, upon inspection, approval and acceptance by the City, become the property of the City.
  11. Water Main System. The subdivider of land being platted shall install and construct a water main system to adequately serve all lots or parcels of land within the platted area, with due regard to the present and reasonably foreseeable needs of the entire area, and shall connect the same to the City’s existing water mains.
  12. The subdivider shall install adequate water facilities, and fire hydrants which shall be subject to City specifications.
  13. The location of all fire hydrants shall be shown on the preliminary plat.
  14. Under some circumstances the City may require, as a condition for approval of the plat, installation of a water main that is larger than necessary to meet the needs of the platted area, but necessary to complete the City water distribution system as it relates to both the area being platted and other areas. In such event the City will pay the subdivider the difference in cost of pipe and installation between the larger water main and the diameter of water main reasonable to meet the foreseeable needs of the area.
  15. The water supply improvements shall, upon inspection, approval, and acceptance by the City, become the property of the City.
  16. Other Improvements. The owner and subdivider of the land being platted shall by responsible for the installation of sidewalks within the street area; the installation of walkways as necessary; grading, seeding or sodding of all lots; the planting of any required trees in the parking; the installation of street signs, and the provision of street lighting.  All such improvements shall be under the direction of the City Engineer or director of the electric utility, as appropriate, except that as to street lighting in developed areas of a subdivision, one street light shall be installed in the northwest corner of each intersection of streets or avenues within the subdivision or the northwest corner of the place where existing streets, and avenues outside of the subdivision, if extended, would intersect with the platted streets of the subdivision.

170.12     EASEMENTS REQUIRED.

  1. Public Utilities. Where alleys are not provided, or where otherwise required by the present or future placement of public utilities, easements of not less than 10 feet in width shall be granted by the owner along rear, and where necessary, along side lot lines for public utility requirements.  Except where prohibited by topography, such easements shall be centered on lot lines.  Easements of greater width may be required along lot lines, or across lots when necessary for the placement and maintenance of utilities.  No buildings or structures, except as necessary for utilities, shall be permitted on such easements.
  2. Easements along Streams and Watercourses. Wherever any stream or surface watercourse is located in an area that is being subdivided, the subdivider shall, at the subdivider’s own expense, make adequate provisions for the proper drainage of surface water and shall provide and dedicate to the City an easement along said stream or watercourse as necessary for the proper maintenance of the watercourse, and as approved by the City

170.13     MAINTENANCE BOND REQUIRED.  The owner and subdivider of the land being platted shall be required to provide to the City, proper maintenance bonds satisfactory to the City, so as to insure that for a period of one year from the date of acceptance of any improvement, the owner and subdivider shall be responsible to maintain such improvement in good repair.

170.14     STANDARDS PRESCRIBED. The standards set forth in this chapter shall be considered the minimum standards necessary to protect the public health, safety, and general welfare.

170.15     LAND SUITABILITY.  No land shall be subdivided that is found to be unsuitable for subdividing by reason of flooding, ponding, poor drainage, adverse soil conditions, adverse geological formations, unsatisfactory topography or other conditions likely to be harmful to the public health, safety or general welfare, unless such unsuitable conditions are corrected to the satisfaction of the City.  If land is found to be unsuitable for subdivision for any of the reasons cited in this section, the Council shall state its reasons in writing and afford the subdivider an opportunity to present data regarding such unsuitability.  Thereafter, the Council may reaffirm, modify, or withdraw its determination regarding such unsuitability.

170.16     LANDS SUBJECT TO FLOODING.  No subdivision containing land located in a floodway or a flood hazard area shall be approved by the City without the approval of the Iowa Department of Natural Resources.  No lot shall be located so as to include land located within a floodway or flood hazard area unless the lot is of such size and shape that it will contain a buildable area not within the floodway or flood hazard area, suitable for development as allowed by the zoning ordinance for the zone in which the lot is located.  Land located within a flood hazard area or a floodway may be included within a plat as follows, subject to the approval of the City.

  1. Included within individual lots in the subdivision, subject to the limitations of this section.
  2. Reserved as open space for recreation use by all owners of lots in the subdivision, with an appropriate legal instrument, approved by the City, providing for its care and maintenance by such owners.
  3. If acceptable to the City, dedicated to the City as public open space for recreation or flood control purposes.

170.17     PLAT TO CONFORM TO COMPREHENSIVE PLAN.  The arrangement, character, extent, width, grade and location of all streets shall conform to the technical specifications for such streets as approved by the City Council.  The general nature and extent of the lots and uses proposed shall conform to the Comprehensive Plan of the City, provided such plan has been adopted by the City; and shall conform to such other plans, including but not limited to a Major Street Plan, a Sanitary Sewer System Plan, or a Parks and Open Space Plan, provided such plan has been adopted by the City.

170.18     CONSTRUCTION STANDARDS FOR IMPROVEMENTS.  In addition to the standards set forth in this chapter, the City Engineer shall from time to time prepare, and the Council shall from time to time adopt, by resolution, technical standards for public improvements.  Such technical standards for public improvements shall contain the minimum acceptable specifications for the construction of public improvements.  Such technical standards may vary for classes of improvements, giving due regard to the classification of streets or other improvements, and the extent and character of the area served by the improvements.  Upon adoption by the Council by resolution, such technical standards for public improvements shall have such force and effect as if they were fully set forth herein.

170.19     STREET STANDARDS.

  1. The following standards shall apply to all streets to be located within the subdivision:
  2. Streets shall provide for the continuation of arterial and collector streets from adjoining platted areas, and the extension of such streets into adjoining unplatted areas. Where a plat encompasses the location for an arterial or collector street proposed in the Comprehensive Plan or the Street Plan, the plat shall provide for such street.
  3. Street grades shall align to existing streets, and all grades for streets shall be as approved by the City.
  4. Arterial streets shall be located so as to not require direct access from the arterial street to abutting lots.
  5. Street right-of-way widths and pavement widths shall be as specified in the technical standards for public improvements.
  6. Half streets are prohibited, except, where an existing platted half street abuts the subdivision, a platted half street to complete the street shall be required.
  7. Local streets should be designed to discourage through traffic while safely connecting to collector or arterial streets.
  8. Street jogs with centerline offsets of less than 125 feet shall be prohibited, except where topography, or other physical conditions make such jogs unavoidable.
  9. Streets shall intersect as nearly at right angles as possible; and no street shall intersect any other street at less than 60 degrees.
  10. At intersections of major streets, and otherwise as necessary, lot corners abutting radius sufficient to provide necessary space within the right-of-way for sidewalks, traffic control devices, and other necessary improvements without encroachment onto the corner lots.
  11. Dead-end streets are prohibited, except where a street is planned to continue past the subdivider’s property, a temporary dead end may be allowed.
  12. Streets that connect with other streets, or loop streets, are preferable for maintenance, fire protection, and circulation, but cul-de-sacs may be permitted if there are no other feasible alternatives available. Cul-de-sacs should not exceed 400 feet in length unless a greater length is unavoidable.
  13. In general, alleys shall be permitted in residential areas and required in commercial areas with normal street frontage. Dead-end alleys are prohibited, unless provided with a turnaround with a minimum right-of-way diameter of 100 feet.
  14. Alleys shall have a right-of-way of not less than 20 feet and a roadway width of not less than 16 feet.
  15. When a tract is subdivided into larger than normal lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and opening of future streets and appropriate resubdivision with provision for adequate utility connections for such resubdivision. Easements for the future openings and extensions for such streets or utilities may, at the discretion of the Council, be made a requirement of the plat.
  16. Streets that are or will become extensions of existing streets shall be given the same name as the existing streets. New street names shall not be the same or sound similar to existing street names.  All street names shall be at the approval of the Council.
  17. Private streets shall be prohibited. The Council may approve a variance to this rule where unusual conditions make a private street desirable, provided adequate covenants or other legal documents ensure that the City will not have or need to assume any maintenance or other responsibility for such street.
  18. Minimum Roadway and Right-of-Way Standards.
  19. Municipal arterial streets shall have a right-of-way width of not less than 80 feet and a roadway width of not less than 45 feet.
  20. Municipal collector streets shall have a right-of-way width of not less than 66 feet and a roadway width of not less than 31 feet.
  21. Municipal local streets shall have a right-of-way width of not less than 60 feet and a roadway width of not less than 25 feet.
  22. Cul-de-sacs shall meet all the requirements for local streets and, in addition, shall provide a turnaround with the outer edge of paving at a 35 foot radius and the right-of-way at a 50 foot radius.
  23. Street grades, wherever feasible, shall not exceed the following:
  24. Municipal arterial streets – 8 percent.
  25. Municipal collector streets – 10 percent.
  26. Municipal local streets – 12 percent.
  27. All changes in street grade shall be connected by vertical curves of minimum length in feet equal to 20 times the algebraic difference in percentages of grade.
  28. No street grade shall be less than one-half of one percent, unless extreme conditions warrant.
  29. Street Surfacing and Improvements. After sewer, water, and other utilities to be located underground within the right-of-way have been installed by the applicant, the applicant shall construct curbs and gutters and shall surface or cause to be surfaced roadways to the following standards:
  30. Minimum Standards. Roadways in residential subdivisions shall, at a minimum, be constructed with a four-inch rock base, five and one-half inches of Portland cement concrete and concrete curb and gutter.  Roadways in commercial and industrial subdivisions shall, at a minimum be constructed with a four-inch rock base, six inches of Portland cement concrete and concrete curb and gutter.
  31. Recommended Standards. The recommended standards for streets are as follows:
  32. The pavement slab shall be constructed of the following materials: nonreinforced Portland cement concrete conforming to the Iowa Department of Transportation C-3 mix or M-3 as applicable; or
  33. The recommended pavement thickness in inches is as outlined in the following table:

 

Street Type Thickness
Arterial 9 inches*
Collector 7 inches
Local 6 inches

* Thickness requirements for arterials are intended as a guide only.  Specific projects will be designed on the basis of soil conditions and projected traffic loading.

  1. The curb and gutter shall be constructed of Portland cement concrete.
  2. The curbs and gutter cross section shall consist of either of the following: a 6-inch vertical curb with a 24-inch concrete gutter which includes the curb, or a mountable curb as shown by the following Mountable Curb Diagram.  Where the street paving is integral Portland cement concrete, then there shall be no separation between the curb and gutter section and the paving.

 

 

  1. The developer’s engineer shall make a minimum of one set of concrete test cylinders for each 1,000 square yards of paving but no less than one set per day. A test set shall consist of three test cylinders.  Slump and air content tests shall be made and the results recorded along with appropriate test cylinder information.  Cylinders shall be laboratory cured, and conform with ASTM specification C31 and C39.
  2. The subgrade shall be scarified to a depth of six inches below the pavement, and compacted to 90 percent of Modified Proctor Density for Portland cement concrete pavement.
  3. The subgrade in fill shall be 90 percent of Modified Proctor Density except for the top six inches, which shall meet the requirements of the appropriate surface material.
  4. The developer’s engineer shall furnish a minimum of two successful density tests per 1,000 square yards of subgrade at locations to be selected by the City Engineer.
  5. Excess Right-of-Way. Right-of-way widths in excess of the standards designated in these regulations shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes.  Such slopes shall not be in excess of three to one.
  6. Railroads and Limited Access Highways. Railroad rights-of-way and limited access highways where so located as to affect the subdivision of adjoining lands shall be treated as follows:
  7. In residential districts a buffer strip at least 25 feet in depth in addition to the normal depth of the lot required in the district shall be provided adjacent to the railroad right-of-way or limited access highway. This strip shall be part of the platted lots and shall be designated on the plat: This strip is reserved for screening. The placement of structures hereon is prohibited.
  8. In districts zoned for business, commercial, or industrial uses the nearest street extended parallel or approximately parallel to the railroad shall, wherever practicable, be at a sufficient distance therefrom to ensure suitable depth for commercial or industrial sites.
  9. Streets parallel to the railroad when intersecting a street which crosses the railroad at grade shall, to the extent practicable, be at a distance of at least 150 feet from the railroad right-of-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients.
  10. Sidewalks are to be in place at the time of completion of occupancy.  Subdivider may ask for a sidewalk deposit of the homeowner which will be returned after completion of the sidewalk.  The following design standards shall apply to all subdividers.
  11. Sidewalks shall be a minimum of five feet in width except in the Central Business District or in other areas specifically approved by the Council where the width may be greater. Sidewalks shall be located one foot from the property line within the dedicated non-pavement right-of-way of all streets.
  12. All sidewalks shall slope to the street at a rate of one-quarter inch per foot. The street edge of the sidewalk surface shall be located above the curb a minimum of four inches.
  13. Sidewalks shall be constructed of four-inch thick nonreinforced Portland cement concrete.
  14. Sidewalks crossing driveways shall be constructed of six-inch nonreinforced Portland cement concrete.
  15. Sidewalk Ramps. All sidewalks shall provide a curb ramp for accommodation of the disabled at all intersections.  Curb ramps shall be located in line with the public requirements for said ramps as set forth in the Americans with Disabilities Act.  Ramps shall be sloped from the sidewalk intersection to the curb.
  16. The following standards shall apply to residential driveways:
  17. A single driveway shall be 12 feet in width at street.
  18. A double driveway shall be 24 feet in width at the street.

170.20     BLOCK AND LOT STANDARD.  The following standards shall apply to the layout of blocks and lots in all subdivisions, and to the extent possible, in all resubdivisions.

  1. No residential block shall be longer than 1,600 feet or shorter than 300 feet measured from street line to street line. The width of blocks should be arranged so as to allow two tiers of lots, with utility easement.
  2. In blocks over 700 feet in length, the Council may require a public way or an easement at least 10 feet in width, at or near the center of the block, for use by pedestrians.
  3. The size and shape of lots intended for commercial or industrial use shall be adequate to provide for the use intended, and to meet the parking, loading, and other requirements for such uses contained in the Zoning Ordinance.
  4. Lot arrangement and design shall be such that all lots will provide satisfactory building sites, properly related to topography and surrounding land uses.
  5. The size of all lots shall comply with the following:
  6. Single-Family Residential.

Area – 10,000 square feet

Width – 75 feet

Depth – 100 feet

In regard to overall minimum lot dimensions set by this chapter, the total area will supersede any conflicting combinations of widths or depths that do not equal the minimum area requirement.

  1. Multi-Family Residential.

Area – 10,500 square feet, plus 2,000 square feet per dwelling unit over one

Width – 75 feet

Minimum depth of not less than 100 feet. Minimum area supersedes width and depth as stated above.

  1. Mobile Home Residential.

Single-family: area, 6,000 square feet; width, 60 feet; depth, 100 feet.

Multi-family: area, 6,000 square feet, plus 1,500 square feet per dwelling unit over one; width, 80 feet; minimum depth of not less than 100 feet; minimum area supersedes width and depth as stated.

  1. All lots shall abut a public street or an approved private street.
  2. Unless unavoidable, lots shall not front, or have direct access to arterial streets. Where unavoidable, lots shall be so arranged as to minimize the number of access points.
  3. All lot lines shall be at right angles to straight street lines or radial to curved street lines, except where, in the judgment of the Council, a variation to this provision will provide a better street and lot layout.
  4. Corner lots shall have sufficient extra width to permit the required front yard setback as specified in the Zoning Ordinance, oriented to either street.
  5. Reversed frontage lots are prohibited. Double frontage lots shall only be permitted where abutting a major street and a minor street, and such lots shall front only on the minor street.

170.21     PARKS AND OPEN SPACE.  All residential subdivisions should be designed so that adequate open space and neighborhood park areas may be properly located and preserved as the community develops.  The following standards and procedures will be used to determine the park and open space requirements for all proposed residential developments or subdivisions greater than one-half acre in size within the City.

  1. For all residential developments and subdivisions, the subdivider shall be responsible for providing adequate park and open space in one or both of the following ways, depending on the decision of the City.
  2. If it is feasible and compatible with the Community/Land Use Development Plan of the City, as determined by the Council upon the recommendation of the Planning and Zoning Board, the subdivider will be required to dedicate and reserve an area for parks and open space, without cost to the City.

(1)        The amount of land shall be determined by first calculating the entire size of the land area of the proposed development as shown on the preliminary plat or site plan and then to require dedication or reservation of five percent of this amount for parks and open space.

(2)        This area shall be denoted on the final plat prior to approval of the final plat.

  1. Where such dedication is not feasible or compatible with the Community Development/Land Use Plan, as determined by the Council upon recommendation of the Planning and Zoning Board, the subdivider shall, in lieu thereof, pay to the City a fee or combination of fee and land, equivalent to the value of the required dedication or reservation to be determined and used in the following manner:

(1)        The City Council, upon recommendation of the Planning and Zoning Board, shall determine the size of the land area which it would have required to set aside for parks and open space (five percent of the total land area).

(2)        The cash value of said land shall be determined by taking the total purchase price or cost of all the land in the proposed subdivision and charge the owner the proportionate value of the land area so designated; based upon such purchase price or cost; provided such purchase price or cost is the current fair value of the land, the fair value of said land shall be determined by an impartial appraisal, and in such manner as may be designated by the City Council, cost for said appraisal to be shared equally between the subdivider and the City.

(3)        All funds so levied, assessed, and collected by the City shall be deposited in a special fund to be known as the “Special Fund for the Acquisition and Development of Public Service Areas, Open Space and Recreational Facilities,” and that said funds so levied and collected shall be used for such purposes at such places and in such a manner as shall be approved, ordered, and directed by the Parks and Recreation Board.

Any interest accumulated upon such funds shall be added to the Special Fund and shall be used only for acquisition and developments of open space and recreational facilities.

  1. At the time of the preliminary plat approval, the City Council, upon recommendation by the Planning and Zoning Board, shall determine whether to require a dedication of land within the subdivision or the payment of a fee, in lieu thereof, or a combination of both, from the subdivider, for parks and open space.
  2. Where a dedication is required, it shall be accomplished with a properly executed warranty deed dedicating the required land to the City without cost to the City. Where a fee, in lieu of dedication is required, the fee shall be deposited with the City Clerk.  Whichever action is required, it shall be accomplished prior to the approval of the final plat.
  3. The determination by the City of whether to require dedication of land, or a fee, in lieu thereof, shall be based on the following:
  4. Recreational element of the City’s Community Development Plan.
  5. Topographic and geologic conditions and access and location of land in subdivision available for dedication.
  6. Size and shape of the subdivision and land available for dedication.
  7. The relation of the subdivision to the Community Development Plan map, particularly as such plan map may show proposed public service areas, open space and recreational areas.
  8. The character and recreational needs of the neighborhood in which the subdivision is located.
  9. The unsuitability in the subdivision for open space and recreational purposes by reason of location, access, greater cost of development and maintenance.
  10. The possibility that land immediately adjoining the subdivision will serve in whole or in part the public service area, open space, and recreational needs of such subdivision.
  11. Any and all other information relevant to a proper determination.

The determination of the City Council as to whether land shall be dedicated or reserved or a fee shall be charged, or a combination thereof, shall be final and conclusive.

170.22     PARKS AND SCHOOL SITES RESERVED.  When a tract being subdivided includes lands proposed to be parks or school sites in the Community Development Plan or other official plan of the City, the subdivider shall indicate such areas on the plat.

  1. Proposed park sites shall be reserved for three years, giving the City or other authorized public agency the option to purchase the land at the appraised raw land value prior to the subdivision as established by a certified land appraiser. The purchase price shall also include one-half of the cost for grading and paving, including curbs, of the portion of any streets that are contiguous to the site and any taxes and interest incurred by the subdivider between the date of reservation and date of purchase by the public agency.  Should the park site not be purchased within three years, the subdivider may then amend the final plot.
  2. Proposed school sites shall be reserved for three years, giving the appropriate school district the option to purchase the land at the appraised raw land value prior to the subdivision as established by a certified land appraiser. The purchase price shall also include one-half of the cost for grading and paving, including curbs of the portion of any streets that are contiguous to the site and any taxes and interest incurred by the subdivider between the date of  reservation and date of purchase by the school district.  Should the school sites not be purchased within three years, the subdivider may then amend the final plot.

170.23     NONRESIDENTIAL SUBDIVISIONS.  The following provisions shall apply to nonresidential subdivisions.

  1. If a proposed subdivision includes land that is used for commercial or industrial purposes, the layout of the subdivision with respect to such land may be subject to additional provisions as the Council may require.  A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the Council, and shall conform to the proposed land use and standards established in City plans and regulations.
  2. In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the City that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity.  The following principles and standards shall be observed:
  3. Proposed industrial and commercial parcels shall be suitable in area and dimensions to the following minimum requirements:

Commercial – area, 10,000 square feet

Industrial – area, 10,000 square feet

  1. Street right-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.
  2. Special requirements may be imposed by the City with respect to the installation of public utilities, including water, sewer, and storm water drainage.
  3. Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.
  4. Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.

170.24     PRE-APPLICATION CONFERENCE.  Whenever a subdivision located within the platting jurisdiction of the City is proposed, the owner and subdivider shall schedule a pre-application conference with the Chairperson of the Planning and Zoning Board.  The conference should be attended by the Chairperson of the Planning and Zoning Board and such other City or Utility representatives as is deemed desirable; and by the owner and his engineer and/or planner, as deemed desirable.  The purpose of such conference shall be to acquaint the City with the proposed subdivision, and to acquaint the subdivider with the requirements, procedures, and any special problems related to the proposed subdivision.

170.25     SKETCH PLAN REQUIRED.  For the pre-application conference, the subdivider shall provide a map or sketch showing the location of the subdivision, the general layout and arrangement of intended land uses, in relation to the surrounding area.

170.26     PRESENTATION TO PLANNING AND ZONING BOARD.  The subdivider may present the sketch plan to the Planning and Zoning Board to review, prior to incurring significant costs preparing the preliminary or final plat.

170.27     SUBDIVISION CLASSIFIED.  Any proposed subdivision or resubdivision shall be classified as minor subdivision or a major subdivision.

  1. Minor Subdivision. Any subdivision that contains not more than four lots fronting on an existing street and that does not require construction of any public improvements, and that does not adversely affect the remainder of the parcel shall be classified as a minor plat.
  2. Major Subdivision. Any subdivision that, in the opinion of the Council, does not for any reason meet the definition of a minor subdivision, shall be classified as a major subdivision.

170.28     PLATS REQUIRED.  In order to secure approval of a proposed subdivision, the owner and subdivider shall submit to the City, plats and other information as required by this chapter.  The owner and subdivider of any major subdivision shall comply with the requirements for a preliminary plat and the requirements for a final plat.  The owner and subdivider of a minor subdivision may elect to omit the submission of a preliminary plat.

170.29     REQUIREMENTS OF THE PRELIMINARY PLAT.  The subdivider shall prepare and file with the City Clerk three copies of the preliminary plat, drawn at a scale of one inch equals 100 feet or larger.  Sheet size shall not exceed 24 inches by 36 inches.  Where more than one sheet is required, the sheets shall show the number of the sheet and the total number of sheets in the plat, and match lines indicating where other sheets adjoin.  The preliminary plat shall be clearly marked “Preliminary Plat” and shall show, or have attached thereto, the following:

  1. Title, scale, north point and date.
  2. Proposed name of the subdivision that shall not duplicate or resemble existing subdivision names in the County.
  3. The name and address of the owner and the name, address and profession of the person preparing the plan.
  4. A key map showing the general location of the proposed subdivision in relation to surrounding development.
  5. The names and locations of adjacent subdivisions and the names of record owners and location of adjoining parcels of unplatted land. A list of all owners of record of property located within 200 feet of the subdivision boundary shall be attached.
  6. The location of property lines, streets and alleys, easements, buildings, utilities, watercourses, tree masses, and other existing features affecting the plat.
  7. Existing and proposed zoning of the proposed subdivision and adjoining property.
  8. Contours at vertical intervals of not more than two feet if the general slope of the site is less than 10 percent and at vertical intervals of not more than five feet if the general slope is 10 percent or greater.
  9. The legal description of the area being platted.
  10. The boundary of the area being platted, shown as a dark line with the approximate length of boundary lines and the approximate location of the property in reference to known section lines.
  11. The layout, numbers and approximate dimensions of proposed lots.
  12. The location, width and dimensions of all streets and alleys proposed to be dedicated for public use.
  13. The proposed names for all streets in the area being platted.
  14. Present and proposed utility systems, including sanitary and storm sewers, other drainage facilities, water lines, gas mains, electric utilities, cable utilities, telephone utilities and other facilities.
  15. Proposed easements, showing locations, width, purposes and limitations.
  16. Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds, or other public, semipublic or community purposes, or shown for such purpose in the Comprehensive Plan or other adopted plans.
  17. A general summary description of any protective covenants or private restrictions to be incorporated in the final plat.
  18. Any other pertinent information, as necessary.
  19. The fee, as required by this chapter.

170.30     PROCEDURE FOR REVIEW OF PRELIMINARY PLATS.

  1. The City Clerk, upon receipt of three copies of the preliminary plat, shall file one copy in the records of the City, shall retain one copy for public inspection, and shall forward the remaining copy of the plat to the Chairperson of the Planning and Zoning Board.
  2. The Chairperson of the Planning and Zoning Board shall provide copies of the plat to the City Engineer, and such other persons as necessary to review the plat; and shall schedule the plat for consideration by the Planning and Zoning Board.
  3. The Planning and Zoning Board shall examine the plat and the report of the City Engineer, and such other information as it deems necessary or desirable, to ascertain whether the plat conforms to the ordinances of the City, and conforms to the Comprehensive Plan and other duly adopted plans of the City. The Planning and Zoning Board shall, within 45 days of the filing of the plat with the City Clerk, forward a report and recommendation regarding the plat to the Council.  If such recommendation is to disapprove or modify the plat, the reasons therefor shall be set forth in writing in the report, and a copy of the report and recommendation shall be provided to the applicant.
  4. The Council shall examine the plat, the report of the City Engineer, the report of the Planning and Zoning Board, and such other information as it deems necessary or desirable. Upon such examination, the Council shall ascertain whether the plat conforms to the ordinances and standards of the City, conforms to the Comprehensive Plan and other duly adopted plans of the City, and will be conducive to the orderly growth and development of the City; in order to protect the public health, safety, and welfare.  Following such examination, the Council may approve, approve subject to conditions, or disapprove the plat. If the decision of the Council is to disapprove the plat, or to approve the plat subject to conditions, the reasons therefor shall be set forth in writing in the official records of the Council, and such decisions shall be provided to the applicant.  Action on the preliminary plat by the Council shall be taken within 60 days of the filing of the plat with the City Clerk.

170.31     DURATION OF APPROVAL OF PRELIMINARY PLAT.  The approval of a preliminary plat by the Council shall be valid for a period of one year from the date of such approval; after which such approval shall be void, and the subdivider shall take no action requiring the precedent approval of a preliminary plat except upon application for and approval of an extension of such period of validity, by the Council.

170.32     AUTHORIZATION TO INSTALL IMPROVEMENTS.  The approval of the preliminary plat shall constitute authorization by the Council for the installation of improvements as required by this chapter, and as shown on the preliminary plat; provided no such improvement shall be constructed or installed until and unless the plans, profiles, cross sections, and specifications for the construction of such improvement have been submitted to, and approved in writing by, the City Engineer.

170.33     COMPLETION AND ACCEPTANCE OF IMPROVEMENTS.  Before the Council will approve the final plat, all of the foregoing improvements shall be constructed and accepted by formal resolution of the City Council.  Before passage of said resolution of acceptance, the City Engineer shall report that said improvements meet all City specifications and ordinances or other City requirements, and the agreements between the subdivider and the City.

170.34     PERFORMANCE BOND PERMITTED. In lieu of the requirement that improvements be completed prior to the approval of a final plat, the subdivider may post a performance bond with the City, guaranteeing that improvements not completed shall be completed within a period of two years from the date of approval of such final plat; but such approval of the plat shall not constitute final acceptance of any improvements to be constructed.  Improvements will be accepted only after their construction has been completed.

170.35     REQUIREMENTS OF THE FINAL PLAT. The subdivider shall, within one year from the date of approval of the preliminary plat, unless such time period has been extended, prepare and file with the City Clerk, three copies of the final plat and required attachments, as set forth in this chapter.  Except for a final plat for a minor subdivision as set forth herein, no final plat shall be considered by the Council until and unless a preliminary plat for the area included in the proposed final plat has been approved and has not expired and become void as set forth above.  The final plat shall be drawn at a scale of one inch equals 100 feet or larger.  Sheet size shall be no greater than 18 inches by 24 inches or smaller than eight and one-half inches by 11 inches and shall be of a size acceptable to the County Auditor.  If more than one sheet is used, each sheet shall clearly show the number of the sheet, the total number of sheets included in the plat, and match lines indicating where other sheets adjoin.  The final plat shall be clearly marked “Final Plat” and shall show the following:

  1. The name of the subdivision.
  2. Name and address of the owner and subdivider.
  3. Scale, and a graphic bar scale, north arrow and date on each sheet.
  4. All monuments to be of record, as required by Chapter 354, Code of Iowa.
  5. Sufficient survey data to positively describe the bounds of every lot, block, street, easement, or other area shown on the plat, as well as the outer boundaries of the subdivided lands.
  6. All distance, bearing, curve, and other survey data, as required by Chapter 354, Code of Iowa.
  7. All adjoining properties shall be identified, and where such adjoining properties are a part of a recorded subdivision, the name of the subdivision shall be shown. If the subdivision platted is a resubdivision of a part or a whole of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made.  Resubdivision shall be labeled as such in a subtitle following the name of the subdivision wherever the name appears on the plat.
  8. Street names and clear designation of public alleys.
  9. Block and lot numbers.
  10. Accurate dimensions for any property to be dedicated or reserved for public use, and the purpose for which such property is dedicated or reserved for public use.
  11. The purpose of any easement shown on the plat shall be confined to only those easements pertaining to public utilities including gas, power, telephone, cable television, water, sewer; easements for trails, bikeways, ingress and egress; and such drainage easements as are deemed necessary for the orderly development of the land encompassed within the plat.
  12. All interior excepted parcels, clearly indicated and labeled, “not a part of this plat.”
  13. A strip of land shall not be reserved by the subdivider unless the land is of sufficient size and shape to be of some practical use or service as determined by the Council.
  14. The minimum unadjusted acceptable error of closure for all subdivision boundaries shall be 1:10,000 and shall be 1:15,000 for any individual lot.
  15. A statement by a registered land surveyor that the plat was prepared by the surveyor or under the surveyor’s direct personal supervision, signed and dated by the surveyor and bearing the surveyor’s Iowa registration number or seal, and a sealed certification of the accuracy of the plat by the registered land surveyor who drew the plat.

170.36     VARIATIONS AND EXCEPTIONS.  The following shall apply to the granting of variances or exceptions.

  1. Where the Council finds that extraordinary hardships or particular difficulties regarding the physical development of land may result from strict compliance with these regulations, it may make variations or exceptions to the regulations so that substantial justice may be done and the public interest secured, provided that such variation or exceptions to these regulations meets the following criteria:
  2. The granting of the variation will not be detrimental to the public safety, health, or welfare or injurious to other property or improvements in the neighborhood in which the property is located.
  3. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought, and are not applicable, generally, to other property.
  4. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.
  5. The purpose of the variation is not based exclusively upon a desire to make more money out of the property.
  6. In granting variations and exceptions, the Council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
  7. Procedure for Variance. A petition for any such variation or exception shall be submitted in writing by the developer at the time when the preliminary plat is filed.  The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.

170.37     CHANGES AND AMENDMENTS.  Any provisions of these regulations may be changed and amended from time to time by the Council, provided that such changes and amendments shall not become effective until after a public hearing has been held, public notice of which shall have been given as required by law.  Such proposed amendments shall first be submitted to the Planning and Zoning Board for study and recommendation before the hearing date is scheduled.  The Planning and Zoning Board shall forward its recommendation to the Council within 30 days after the Council requests the recommendation.  The Council shall then give notice of and hold a public hearing on the proposed amendment.

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CHAPTER 175

AIRPORT ZONING REGULATIONS

175.01 Definitions 175.06 Permits
175.02 Airport Zones 175.07 Enforcement
175.03 Airport Zone Height Limitations 175.08 Conflicting Regulations
175.04 Use Restrictions 175.09 Application or Ordinance to Annex Land
175.05   Nonconforming Uses  

175.01     DEFINITIONS.  As used in this chapter, unless the context otherwise requires:

  1. “Airport” means the Belle Plaine Municipal Airport.
  2. “Airport elevation” means the highest point of an airport’s usable landing area measured in feet above mean sea level.
  3. “Airport hazard” means any structure or tree or use of land that would exceed the federal obstruction standards as contained in 14 CFR 77.21, 77.23, and 77.25, and that obstructs the airspace required for the flight of aircraft and landing or takeoff at an airport or is otherwise hazardous to such landing or taking off of aircraft.
  4. “Airport primary surface” means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway.  The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway.  The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
  5. “Approach surface” means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section 175.03 of this chapter. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.
  6. “Conical surface” means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
  7. “Height”, for the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, mean sea level elevation unless otherwise specified.
  8. “Horizontal surface” means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
  9. “Nonconforming use” means a pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.
  10. “Non-precision instrument runway” means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.
  11. “Obstruction” means a structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 175.03 of this chapter.
  12. “Runway” means a defined area on an airport prepared for landing and take-off of aircraft along its length.
  13. “Structure” means an object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.
  14. “Transitional surfaces” means surfaces that extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline.
  15. “Utility runway” means a runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.
  16. “Visual runway” means a runway intended solely for the operation of aircraft using visual approach procedures.

175.02     AIRPORT ZONES.  In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Belle Plaine Municipal Airport.  Such zones are shown on the Belle Plaine Municipal Airport official Zoning Map.  An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation.  The various zones are hereby established and defined as follows:

  1. Utility Runway Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide.  The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface.  Its centerline is the continuation of the centerline of the runway.
  2. Utility Runway Non-Precision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide.  The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface.  Its centerline is the continuation of the centerline of the runway.
  3. Horizontal Zone. The horizontal zone is established by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs.  The horizontal zone does not include the approach and transitional zones.
  4. Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet.

175.03     AIRPORT ZONE HEIGHT LIMITATIONS.  Except as otherwise provided in this chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this chapter to a height in excess of the applicable height limit herein established for such zone.  Such applicable height limitations are hereby established for each of the zones in question as follows:

  1. Utility Runway Visual approach Zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
  2. Utility Runway Non-Precision Instrument Approach. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
  3. Transitional Zones. Slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to 150 feet above the airport elevation which is 775 feet above mean sea level.  In addition to the foregoing, there are established height limits sloping seven feet outwards for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the horizontal surface 150 feet above the primary surface.
  4. Horizontal Zone. Established at 150 feet above the airport elevation or at a height of 925 feet above mean sea level.
  5. Conical Zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
  6. No structure shall be erected within the corporate limits of Belle Plaine, Iowa, that raises the published Minimum Descent Altitude or Decision Height for an instrument approach to any runway, nor shall any structure be erected that causes the Minimum Obstruction Clearance Altitude or Minimum Enroute Altitude to be increased on any Federal Airway in the City.
  7. Excepted Height Limitations. Nothing in this chapter shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land.
  8. Building Restriction Line (BRL). The building restriction line is an area 500 feet in width being 250 feet on each side of the runway centerline.  No building shall be built within the BRL.  The height of any building outside of the BRL shall conform to the 7:1 slope commencing at the BRL, 250 feet either side of the runway (i.e., a 20 foot high building cannot be built closer than 390 feet to the centerline of the runway).

175.04     USE RESTRICTIONS.  Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending use of the airport.

 

175.05     NONCONFORMING USES. 

  1. Regulations Not Retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this chapter, or otherwise interfere with the continuance of nonconforming use.  Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of such ordinance, and is diligently prosecuted.
  2. Marking and Lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereof of such markers and lights as shall be deemed necessary by the Iowa Department of Transportation Air Transit Division to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction.  Such markers and lights shall be installed, operated, and maintained at the expense of the administrative agency charged with operation and supervision of the Belle Plaine Municipal Airport.

175.06     PERMITS.

  1. Future Uses. Except as specifically provided in this subsection, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted.  Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed.  If such determination is in the affirmative, the permit shall be granted.  No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with Section 175.06(4).
  2. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
  3. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.
  4. In the area lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established in this ordinance except as set forth in Section 175.03.

  1. Existing Uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of the ordinance codified in this chapter or any amendments thereto or than it is when the application for a permit is made.  Except as indicated, all applications for such a permit shall be granted.
  2. Nonconforming Uses Abandoned or Destroyed. Whenever the Iowa Department of Transportation, Air Transit Division, determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
  3. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this chapter, may apply to the Board of Adjustment for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.  Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this chapter.  Additionally, no application for variance to the requirements of this chapter may be considered by the Board of Adjustment unless a copy of the application has been furnished to the Iowa Department of Transportation, Air Transit Divisions, for advice as to the aeronautical effects of the variance.  If the Iowa Department of Transportation, Air Transit Division, does not respond to the application within 15 days after receipt, the Board of Adjustment may act on its own to grant or deny said application.
  4. Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner’s expense, such markings and lights as may be necessary.  If deemed proper by the Board of Adjustment, this condition may be modified to require the owner to permit the Belle Plaine Municipal Airport at its own expense to install, operate, and maintain the necessary markings and lights.

175.07     ENFORCEMENT.  It shall be the duty of the City to administer and enforce the regulations prescribed herein.  Applications for permits and variances shall be made to the Zoning Administrator upon a form published for that purpose.  Applications required by this chapter to be submitted to the Board of Adjustment shall be promptly considered and granted or denied.  Application for action by the Board of Adjustment shall be forthwith transmitted by the Iowa Department of Transportation, Air Transit Division.

175.08     CONFLICTING REGULATIONS.  Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

175.09     APPLICATION OR ORDINANCE TO ANNEX LAND.  All provisions, restrictions, and regulation regarding zoning for airport purposes as set out in this chapter are hereby extended and made applicable to all property annexed by the City by Resolution No. 92-2-1 passed and approved February 3, 1992.

 

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