CHAPTER 165

ZONING REGULATIONS

165.01 Short Title
165.02 Definitions
165.03 Validity and Severability Clause
165.04 Conflict With Other Laws
165.05 Zoning District Map
165.06 Application of Regulations
165.07 Use Classifications
165.08 “A-1″ Agricultural District
165.09 “R-1″ Single-Family Residential District
165.10 “R-2″ Medium Density Residential District
165.11 “MH” – Mobile Home Park District
165.12 “B-1″ Neighborhood Business District
165.13 “B-2″ Commercial District
165.14 “I-1″ Light Industrial District
165.15 “I-2″ Medium Industrial District
165.16 “I-3″ Heavy Industrial District
165.17 Additional Area and Height Regulations
165.18 Off-Street Parking
165.19 Nonconformities
165.20 Accessory Uses
165.21 Temporary Uses
165.22 Zoning of Annexed Areas
165.23 Governmental Bodies
165.24 Home Occupations
165.25 Bed and Breakfast Establishments
165.26 Recreational Vehicle (RV) Sites
165.27 Special Exception Procedures
165.28 Enforcement
165.29 Board of Adjustment
165.30 Changes and Amendments

165.01 SHORT TITLE. This chapter shall be known and may be cited as the “City of Hawarden Zoning Ordinance.”

165.02 DEFINITIONS. For the purpose of interpreting this chapter, the following words, terms and expressions are defined.

“Accessory building” means a subordinate building or a portion of the main building, the use of which is clearly incidental to, or customarily found in connection with, and (except as otherwise provided in this chapter) located on the same lot as, the use of the main building or principal use of the land.
“Accessory use” means one which is clearly incidental to, or customarily found in connection with, and (except as otherwise provided in this chapter) on the same lot as, the main use of the premises. When “accessory” is used in the text it has the same meaning as accessory use.
“Addition” means any construction which increases the site coverage, height, length, width or floor area of a structure.
“Alley” means a public thoroughfare not more than thirty feet (30′) in width, for the use of vehicles, which has been dedicated or deeded to the public for its use.
“Alteration” means any change in the supporting members of a building, such as bearing walls, partitions, columns, beams or girders.
“Attached” means having one or more walls in common with a principal building, or joined to a principal building by a covered porch or passageway.
“Attic” means a space under a gable, hip or gambrel or other roof, the finished floor of which is or would be at or entirely above the level of the wall plates of at least two (2) exterior walls, and the height of which, from the floor level to the highest point of the roof, does not exceed ten feet (10′).
“Basement” means a story partly underground.
“Block front” means all of the property on one side of a street between two intersecting streets or between an intersecting street and the dead end of a street.
“Boarding or lodging house” means a building, other than a hotel, where meals are regularly served or lodging furnished for compensation to more than three (3) persons not members of the family residing therein.
“Building” means a structure having a roof supported by columns or walls for shelter, support or enclosure of persons, animals or chattels. When separated by division walls from the ground up without openings, each portion of such structure shall be deemed a separate building.
“Building, height of” means the perpendicular distance measured in a straight line from the curb level to the highest point of the roof. Where a building is situated on ground above the curb level or where no curb grade is established, such height shall be measured from the level of the adjoining ground at the middle of the front wall.
“Building line” means the setback distance from the front property line, rear lot line, and side lot lines as provided in this chapter.
“Building wall” means the wall of a building forming a part of the main structure. The foundation walls of unenclosed porches, steps, walks and retaining wall or similar structures are not considered to be building walls under the provisions of this chapter.
“Building width” means the length of any one exterior side, being the extension lines from one external edge to the opposite external edge.
“Cellar” means a portion of a building located partly or wholly underground and having one-half or more of its floor-to-ceiling height below the average grade of the adjoining ground.
“Commission” means the Planning and Zoning Commission of the City.
“Court” means an open space fully enclosed on at least three (3) adjacent sides by walls of a building. An outer court is any court facing for its full width on a street, or on any other required open space not a court.
“Curb level” means the established curb grade adjacent to a lot.
“Detached” means fully separated from any other structure; not attached.
“Drive-in service” means a feature or characteristic of a use involving sale of products or provision of services to occupants in vehicles, including drive-in or drive-up windows and drive-through services such as mechanical automobile washing.
“Driveway” means an area providing vehicular access between a street and an off-street parking or loading area.
“Dwelling” means any building or portion thereof which is designed or used primarily for residential purposes but not including a tent or trailer.
“Dwelling, single-family” means a detached building that is arranged, designed or intended to be occupied as the residence of a single-family or housekeeping unit and having no party wall in common with an adjacent building.
“Dwelling, two-family” means a detached building that is arranged, designed or intended to be occupied as the residence of two (2) families or housekeeping units living independently of each other.
“Dwelling, multi-family” means an apartment house or dwelling used or intended to be used or occupied as the residence of three (3) or more families or housekeeping units living independently of each other.
“Dwelling unit” means a room or group of rooms within a dwelling and forming a single habitable unit with facilities for living, sleeping, and cooking.
“Family” means a group of individuals living and cooking together on the premises as one housekeeping unit, but a family does not include more than three (3) individuals not related by blood, marriage or adoption.
“Floor area” means the sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating buildings but not including cellar or basement space not used for retailing and nor including accessory off-street parking or loading spaces.
“Garage, private” means an accessory building or portion of a building in which one or more motor vehicles are housed, but in which no business services or industry connected with the motor vehicles is carried on other than leasing of space.
“Garage, public” means a garage other than a private garage.
“Home occupation” means a business or occupation use conducted in a residential zone, which use is incidental and secondary to the residential use and which complies with the provisions of Section 165.24 of this chapter.
“Loading space” means an area used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located.
“Lot” means a parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory building, and the open spaces and parking space required by this chapter, and having its principal frontage upon a street.
“Lot area” means the net horizontal area within bounding lot lines, but excluding any portion of a flag (panhandle) lot providing access to a street and excluding any public or private easement or right-of-way providing access to another lot.
“Lot coverage” or “building coverage” means the area of a lot covered by buildings or ground level paving, but excluding incidental projecting eaves, balconies, and similar features and excluding landscaping and open recreational facilities.
“Lot depth” means the distance from the front lot line to the rear lot line. In the case of a lot of irregular shape, the mean depth shall be the lot depth.
“Lot width” means the distance between the side lot lines. In the case of a lot of irregular shape, the mean width shall be the lot width.
“Lot, interior” means a lot other than a corner lot.
“Lot line, front” means, in the case of an interior lot abutting on only one street, the street line of such street. In the case of any other lot, it may be such street line as is selected by the owner as the “front lot line” for the purpose of this chapter, provided that the principal entrance to such building is on the street so selected and that it conforms to Section 165.17(2) of this chapter.
“Lot line, rear” means that boundary line which is opposite and most distant from the front lot line.
“Lot line, side” means any boundary line not a front line or a rear lot line.
“Mobile home” means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but also includes any such vehicle with motive power not registered as a motor vehicle.
“Mobile home park” means any site, lot, field or tract of land upon which two (2) or more occupied mobile homes are situated, either free of charge or for revenue purposes, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such mobile home park.
“Modular home” means a factory-built structure which is manufactured or constructed to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be attached or towed behind a motor vehicle, and which does not have permanently attached to its body or frame any wheels or axles.
“Mobile home space” means an area within a mobile home park which is designed for and designated as the location for a single mobile home and the exclusive use of its occupants.
“Nonconforming use” means a lawful use of any land, building, or structure, other than a sign, that does not conform with currently applicable use regulations, but which complied with use regulations in effect at the time the use was established.
“Parking facility” means an area on a lot or within a building, or both, including one or more parking spaces together with driveways, aisles, turning and maneuvering areas, clearances, and similar features, and meeting the requirements established by this chapter. The term “parking facility” includes parking lots, garages, and parking structures.
“Parking space” means an area on a lot or within a building, used or intended for use for parking of a motor vehicle, having permanent means of access to and from a public street or alley independently of any other parking space, and located in a parking facility meeting the requirements established by this chapter. The term “parking space” is equivalent to the term “parking stall” and does not include driveways, aisles, or other features comprising a parking facility.
“Premises” means a lot, together with all building and structures thereon.
“Plat, lot” means a drawing of a lot showing its dimensions, the building arrangement thereon and such other information as may be needed for the enforcement of this chapter.
“Public way” means an open or unoccupied public space more than thirty feet (30′) in width which is permanently reserved for the purpose of access to abutting property.
“Porch, open” means a roofed structure, open on two (2) or more sides, projecting from the front, side or rear wall of the building.
“Public notice” means the publication of the time and place of any public hearing not less than seven (7) days or more than twenty (20) days prior to the date of said hearing in one newspaper of general circulation in the City.
“Recreational vehicle” means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term “recreational vehicle” includes, but is not limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, boats and boat trailers, and snowmobiles.
“Residential convenience service” means a use or activity of a commercial nature conducted as an accessory use to multi-family residential or mobile home park residential use, and intended solely for the convenience of residents thereof.
“Setback line” means a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures and uses on the lot.
“Sign” means any structure or part thereof, or any device attached to, painted on, or represented on a building or other structure, upon which is displayed or included any letter, work, model, banner, flag, pennant, insignia, decoration device, or representation used as, or which is in the nature of an announcement, direction, advertisement or other attention-directing device. A sign does not include a similar structure or device located within a building except for illuminated signs within show windows. A sign includes any billboard, but does not include the flag, pennant or insignia of any nation of association of nations, or of any state, city or other political unit, or any political, charitable, educational, philanthropic, civic, professional, religious, or like campaign, drive, movement or event.
“Sign area” means that area within a line including the outer extremities of all letters, figures, characters and delineations or within a line including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background, whether columns, a pylon or a building or part thereof, is not included in the sign area.
“Site plan” means a plan, prepared to scale, showing accurately and with complete dimensions, all of the buildings, structures and uses, and principal site development features including parking, access, and landscaping and screening, proposed for a specific parcel of land.
“Story” means that part of any building comprised between any floor and the floor or attic next above; the first story of a building is the lowest story having at least one-half (1/2) of its height above the highest level of adjoining ground.
“Street, front” means the street or public place upon which a lot abuts. If a lot abuts upon more than one street or public place it means the street designated as the front street in the owner’s application for a building permit.
“Street line” means the dividing line between a lot and a public street, alley or place.
“Street, public” means a public thoroughfare more than thirty feet (30′) in width.
“Street wall” means the wall of the building nearest the street under consideration.
“Structure” means anything constructed or erected, the use of which requires permanent location on the ground.
“Structural alteration” means any change in structural members of a building, such as walls, columns, beams or girders.
“Substandard lot” means a lot of record that does not comply with currently applicable minimum area, width, or depth requirements for the district in which it is located, but which complied with applicable requirements when it was placed on record.
“Townhouse” means a dwelling unit having a common wall with or abutting one or more adjoining dwelling units in a townhouse group.
“Townhouse group” means two (2) or more contiguous townhouses having common or abutting walls.
“Use” means the conduct of an activity, or the performance of a function or operation, on a site or in a structure.
- A. “Accessory use” means a use or activity which is incidental to and customarily associated with a specific principal use on the same site.
- B. “Principal use” means a use which is a primary function of a lot or structure.
- C. “Permitted use” means a use defined by Section 165.20 and listed by the regulations for any particular district as a permitted use within that zone, and permitted therein as a matter of right when conducted in accordance with the regulations established by this chapter.
- D. “Special exception use” means a use defined by Section 165.20 and listed by the regulations for any particular district as a special exception use within that district and allowable therein, solely on a discretionary and conditional basis subject to a special exception use permit, and to all other regulations established by this chapter.
“Valuation” means the one hundred percent (100%) valuation of a building or structure, as determined by the Sioux County Assessor.
“Yard, front” means the required space, unobstructed to the sky, open for the whole width of the lot extending from the nearest part of any building of the lot to the front lot line excluding cornices, eaves, gutters or chimneys projecting not more than thirty inches (30″), steps, bay windows or similar features not extending through more than one story and which do not aggregate more than one-third (1/3) of the width of the frontage of the building, and vestibules not more than one story in height and extending more than three feet (3′) beyond the front wall of the principal building, one story open porches eight feet (8′) or less in width.
“Yard, rear” means the required open space, unobstructed to the sky, extending along the rear lot line (not street line), throughout the whole width of the lot to the rear of the principal building, excluding cornices, eaves, gutters, chimneys projecting not more than thirty inches (30″), uncovered steps, open porches not more than one story in height and eight feet (8′) in width and accessory buildings.
“Yard, side” means the required open space, unobstructed to the sky, extending along the side lot line from the front yard to the rear yard, excluding cornices, eaves, gutters, chimneys, bay windows, and open porches, or similar features which project into the side yard but are thirty inches (30″) or more from the side lot line.

165.03 VALIDITY AND SEVERABILITY CLAUSE. If any court of competent jurisdiction shall declare any part of this chapter to be invalid, such ruling shall not affect any other provisions of this chapter not specifically included in said ruling. If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter to a particular land, parcel, lot, district, use, building or structure, such ruling shall not affect the application of said provision to any other land, parcel, lot, district, use, building or structure not specifically included in said ruling.

165.04 CONFLICT WITH OTHER LAWS. Where any conditions imposed by any provision of this chapter upon the use of any lot, building or structure is either more restrictive or less restrictive than any comparable condition imposed by any other provision of this chapter or by the provision of an ordinance adopted under any other law, or by provision of any State statute, the provision which is more restrictive or which imposes a higher standard or requirement shall apply. This chapter is not intended to abrogate or annul any easement, covenant or other private agreement provided that where any provision of this chapter is more restrictive or imposes a higher standard or requirement than such easement, covenant or other private agreement, the provision of this chapter shall govern.

165.05 ZONING DISTRICT MAP. The Council shall cause to be prepared and approved an Official Zoning District Map showing the various districts, which may be changed or corrected from time to time as recommended by the Commission and enacted by the Council. The map shall be kept up to date by the Zoning Administrator and will be placed in the City Council Chambers at City Hall. There shall also be placed a similar map prepared and placed in a convenient place in the office of the City Clerk for reference at any time.

Official Map. The “Official Zoning District Map” shall be that Zoning Map on file in the City Council Chambers, and all references hereafter to said official map shall mean the map just referred to, said map by reference being made part of this Zoning Ordinance. †
District. The City Council shall divide the Official Zoning Districts Map of the City into districts or zones as follows:
Boundaries. The zones shall show each zone in a certain place on the Zoning Districts Map and by different colors or shades, which also will show its boundaries in relation to the others and classify its uses under regulations as provided in this chapter.

165.06 APPLICATION OF REGULATIONS. No structures or buildings or part thereof shall be erected, constructed, reconstructed, remodeled, converted, altered, enlarged, extended, raised, moved or used, and no land shall be used except in conformity with the regulations herein prescribed for the district in which such building or land may be situated and until a zoning compliance permit has been issued by the Zoning Administrator as provided herein.

The principal building on a lot shall front a street or other approved public place.
No yard, or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, nor shall the lot area per family be reduced in any manner except in conformity with the area regulations herein established for the district in which such building is located.
The depths of front yards or rear yards and width of side yards shall be measured from the lot line to the nearest point of the adjacent building wall of the building under consideration.
No lot shall hereafter be so reduced in area that any required yard, court or other open space will be smaller than is prescribed in this chapter for the district in which it is located.
No accessory building in the rear of any principal building on the same interior or corner lot shall be used for residential purposes.
Any portion of a building which is covered by a roof shall be considered as part of the building.
The owner of a corner lot may elect to front the principal building on such lot on either of the two (2) streets upon which the corner lot abuts, provided that the principal entrance to such building shall open on the street so selected. Where any such election is manifestly contrary to the established character or the welfare of the neighborhood, the Zoning Administrator shall thereupon refer the case to the Board of Adjustment for determination.
No more than one (1) principal use building shall be permitted on any lot in any district.

These regulations are required in addition to any applicable State and City health and building codes.

165.07 USE CLASSIFICATIONS. The purpose of the Use Classifications shall be to provide a consistent set of terms encompassing and defining uses permitted or specifically permitted in the various districts, and to provide a procedure for determination of the applicable use classification of any activity not clearly within any defined use classification. In the event of any question as to the appropriate use classification of any existing or proposed use or activity, the Zoning Administrator shall have the authorization to determine the appropriate classification, subject to the right of appeal pursuant to Section 165.29. In making such determination, the Zoning Administrator shall consider the characteristics of the particular use in question, and shall consider any functional, product, service, or physical facility requirements common with or similar to uses cited as examples of use classifications.

General Description of Residential Use Types. Residential use types include the occupancy of living accommodations on a wholly or primarily non-transient basis but exclude institutional living arrangements involving those providing 24-hour skilled nursing or medical care and those providing forced residence, such as asylums and prisons.
General Description of Commercial Use Types. Commercial use types include the sale, rental, service, and distribution of goods; and the provision of services other than those classified as industrial or civic uses.

General Description of Industrial Use Types. Industrial use types include the on-site extraction or production of goods by non-agricultural methods, and storage and distribution of products.
General Description of Civic Use Types. Civic use types include the performance of utility, educational, recreational, cultural, medical, protective, governmental, and other uses which are strongly vested with public or social importance.

165.08 “A-1″ AGRICULTURAL DISTRICT. This district is intended to provide for areas of agricultural use which remain compatible with the surrounding residential or commercial uses.

Permitted Uses. Unless specifically provided elsewhere in this chapter, only the following structures and uses shall be permitted in the “A-1″ Agricultural Districts.
Special Exception Uses. The following uses and structures may be allowed in the “A-1″ Agricultural District subject to review and approval of the Board of Adjustment.

Development Regulations. Each development in the “A-1″ Agricultural District shall be subject to the following minimum site development regulations.

165.09 “R-1″ SINGLE-FAMILY RESIDENTIAL DISTRICT. This district is intended to provide for low density residential development.

Permitted Uses. Unless otherwise provided in this chapter, only the following structures and uses shall be permitted in the “R-1″ Single-family Residential District.
Special Exception Uses. The following uses and structures may be allowed in the “R-1″ Single-Family Residential District subject to review and approval of the Board of Adjustment.

Development Regulations. Each development in the “R-1″ Single-Family Residential District shall be subject to the following minimum site development regulations.

Lot Area:	7,500 square feet for single-family unit 15,000 square feet for 2 dwelling unit.
Lot Width:	75 feet.
Front Yard Setback:	20 feet.
Rear Yard Setback:	35 feet.
Side Yard Setback:	8 feet for single story structure. 10 feet for 2 or more stories.
Street Side Yard Setback:	20 feet.
Maximum Height:	35 feet.
Maximum Lot Coverage:	40% including principal and accessory buildings.
Foundation:	All principal use structures must be erected on a foundation constructed in a manner so as to be impervious to frost. The base of any foundation must be, at a minimum, 42 inches below ground level.
Minimum Building Width:	All principal use buildings shall have a minimum width of 22 feet.

165.10 “R-2″ MEDIUM DENSITY RESIDENTIAL DISTRICT. This district is designed to provide residential areas of higher density than is allowed in the “R-1″ district.

Permitted Uses. Unless provided elsewhere in this chapter, only the following structures and uses shall be permitted in the “R-2″ Medium Density Residential District.

Special Exception Uses. The following uses and structures may be allowed in the “R-2″ Medium Density Residential District subject to review and approval of the Board of Adjustment.

Development Regulations. Each development in the “R-2″ Medium Density Residential District shall be subject to the following minimum site development regulations.

Lot Area:	7,500 square feet for single-family unit 15,000 square feet for 2 dwelling unit.
Lot Width:	75 feet.
Front Yard Setback:	20 feet.
Rear Yard Setback:	35 feet.
Side Yard Setback:	8 feet for single story structure. 10 feet for 2 or more stories.
Street Side Yard Setback:	20 feet.
Maximum Height:	35 feet.
Maximum Lot Coverage:	40% including principal and accessory buildings.
Foundation:	All principal use structures must be erected on a foundation constructed in a manner so as to be impervious to frost. The base of any foundation must be, at a minimum, 42 inches below ground level.
Minimum Building Width:	All principal use buildings shall have a minimum width of 22 feet.

165.11 “MH” – MOBILE HOME PARK DISTRICT. The intent of this chapter is to regulate the location and placement of mobile home parks in the City.

Use Regulations. Within the “MH” Mobile Home Park District, unless otherwise provided in this chapter, no building or land shall be used for other than one or more of the following purposes:
Permitted Accessory Uses and Structures. The following accessory uses and structures shall be permitted:
Special Exception Uses. Within the “MH” Mobile Home Park District, the following uses and structures may be permitted subject to review of the Board of Adjustment.

Site Development Regulations. Each Mobile Home Park shall be developed in accordance with the following regulations.

(2) Names, addresses and telephone numbers of the developer or the developer’s representative;

(3) Location of the Mobile Home Park, giving the subdivision and lot numbers;

(4) A map of the entire area scheduled for development, if the proposed development is a portion of a larger holding intended for subsequent development;

(5) A location map showing the relationship of the proposed development and the adjacent tracts or parcels;

(6) The present land uses and the existing zoning of the proposed development and the adjacent tracts or parcels;

(7) Interior streets, streets, street names, rights-of-way and roadway widths;

(8) All lot lines and open spaces with dimensions shown;

(9) Delineation of all improvements required in this section.

(2) A mobile home may be displayed and offered for sale, provided that the mobile home is situated on a permanent pad within the mobile home park.

(3) One identification sign, approved in conjunction with the final site plan approval of the mobile home park. In no case shall such sign be larger than 60 square feet in surface area or have any moving parts or stand higher than 10 feet from the ground to the top of the sign. Such sign shall be no closer to the public right-of-way than 30 feet.

(4) No more than one entry or exit sign at each access drive onto the public right-of-way, approved in conjunction with the final site plan approval of the mobile home park. In no case shall the sign be larger than two square feet in surface area, or have any moving parts, or stand higher than five feet from the ground to the top of the sign.

(5) No more than one local street sign at a local intersection of such park which identifies the local street by name, the sign approved in conjunction with the final site plan approval for the mobile home park. In no case shall the sign be larger than one square foot in surface area per local street name, or stand higher than seven feet from the ground to the top of the sign.

(2) Mobile home sites shall be at least 4,500 square feet in area.

(3) Each mobile home within such park shall contain a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities and plumbing and electrical connections designed for attachment to appropriate external systems and so attached.

(4) Each mobile home site shall have side yards with each yard having a width of not less than 10 feet.

(5) Each mobile home site shall have front and rear yards with the rear yard not less than 25 feet in depth and the front yard of not less than 35 feet. Corner mobile home sites shall have front yard setbacks on each street frontage.

(6) For the purpose of this section, yard width shall be determined by measurement from the mobile home face (side) to its mobile home site boundary from which every point shall not be less than the minimum width herein provided. The rear yard shall be the yard opposite and having the farthest distance as measured from the street or public way.

(7) From all lots, a minimum distance of 35 feet shall be maintained from the boundary of the mobile home park.

(8) A mobile home shall not be permitted to occupy single or multiple sites if either its length or width would cause it to occupy the space required by yard setback dimensions.

(9) Each mobile home site shall be provided with a stand consisting of reinforced concrete runways not less than four inches thick and not less than the length of the mobile home that will use the site. These runways will be so constructed, graded and placed to be durable and adequate for support of the maximum anticipated load during all seasons.

(10) Each mobile home shall be anchored to the ground as provided in Chapter 103A, Code of Iowa.

(11) Accessory structures may be no closer to the side lot line than five feet.

(12) A permanent type material and construction compatible with the design and color of the mobile home shall be installed to enclose the open space between the bottom of the mobile home floor and the grade level of the mobile home stand, and shall be constructed to provide substantial resistance to heavy winds. Skirting shall be maintained in an attractive manner consistent with the exterior of the mobile home and to preserve the appearance of the mobile home park. Sufficient screened ventilating areas shall be installed in the skirting to supply the combustion requirements of heating units and ventilating of the mobile home. Provisions shall be made for easy removal of a section large enough to permit access for inspection of the enclosed area under the mobile home, and for repair of sewer and water riser connections.

(13) All mobile homes within such park shall be suitably connected to common sewer and water services provided at each mobile home site. All sanitary sewer facilities, including plumbing connections to each mobile home site, shall be constructed so that all facilities and lines are protected from freezing, from bumping or from creating any type of nuisance or health hazard. Sewage facilities shall be of such capacity to adequately serve all users of the park at peak periods. Running water from a tested and approved supply, designed for a minimum flow of 200 gallons per day per mobile home site shall be piped to each mobile home. All sanitary sewer and water facilities shall conform to minimum State and County Health regulations and other applicable sections of this Code of Ordinances. Storm drainage facilities shall be so constructed as to protect those who reside in the mobile home park as well as the property owners adjacent to the park. Such park facilities shall be of such capacity to insure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the park.

(14) All electric, telephone, and other lines from supply poles outside the park or other sources to each mobile home shall be placed underground.

(15) Any fuel storage shall be in accordance with applicable Federal, State and local regulations.

(16) All roads, driveways and motor vehicle parking spaces shall be paved and constructed so as to handle anticipated peak loads, and adequately drained and lighted for safety and ease of movement of pedestrians and vehicles.

(17) All mobile home parks shall be provided with safe and convenient vehicular access from abutting public and private streets or roads to each mobile home site. Alignment and gradient shall be properly adopted to topography. Access to mobile home parks shall be designed to minimize congestion and hazards at the entrance or exit and allow free movement of traffic on adjacent streets. The entrance road connecting the park streets with a public street or road shall have minimum road pavement width of 41 feet where parking is permitted on both sides, or a minimum road pavement width of 31 feet where parking is limited to one side. When primary entrance road is more than 100 feet long and does not provide access to abutting mobile home lots within such distance, the minimum road pavement width may be 24 feet; with parking limited to one side, 31 feet; with parking permitted on both sides, 41 feet.

(18) Required standards for roadways, parking, and traffic shall be as follows:

VEHICLE PARKING	TRAFFIC USE	MINIMUM PAVEMENT WIDTH
No Parking Allowed	2-Way Road	25 feet
Parallel Parking (1 Side Only)	1-Way Road	30 feet
No Parking Allowed	1-Way Road	25 feet
Parallel Parking (2 Sides)	2-Way Road	40 Feet

(19) If any dead-end place or court is more than 250 feet in length, it shall terminate in an open space, preferably circular having a minimum dimension of 100 feet. Except in unusual instances, no dead-end street or place shall exceed 600 feet in length.

(20) All streets of a mobile home park providing ingress and egress from an abutting public street or road shall have the location and design of intersection with said public street or road approved by the City and by any other governmental agency exercising control over such streets or roads.

(21) All parks shall be furnished with lighting units spaced and equipped with approved fixtures, placed at mounting heights that will provide the following average maintained levels of illumination for safe movement of pedestrians and vehicles at night; all parts of the park street system 0.6 foot-candle, with a minimum of 2.5 foot-candles; potentially hazardous locations, such as major street intersections and steps or stepped ramps, individually illuminated with a minimum of 0.4 foot-candle.

(22) All streets intended for general public use shall be dedicated as a public right-of-way and subject to such improvements as may be required by the City.

(23) All streets intended primarily for use of park occupants, guests and services shall be owned and maintained by the mobile home park owner. Private streets shall be constructed with either hot mix asphaltic concrete or Portland cement concrete to provide for drainage and shall be constructed to specifications approved by the City. Street surfaces shall be maintained free of cracks, holes and other hazards.

(24) Grades of all streets shall be sufficient to insure adequate surface drainage, and shall have prior approval of the City before commencing with construction.

(25) Streets shall be at approximately right angles within 50 feet of an intersection. A distance of at least 100 feet shall be maintained between center line of off-set intersecting streets unless specifically approved by the City. Intersections of more than two streets at one point shall be avoided.

(26) The limits of each mobile home site shall be clearly marked on the ground by permanent steel or iron rods driven into the ground with the top of said rods flush with the finished lot grade.

(27) Location of lot limits on the ground shall be approximately the same as shown on the approved plans. The degree of accuracy obtainable by working with a scale on the plan and then a tape on the ground is acceptable. Precise engineering of lot limits is not required either on the plans or on the ground. This is not to be construed as permitting lots of a lesser size than the required minimum or permitting lesser yard or setback dimensions than set forth elsewhere in this chapter.

(28) No mobile home shall be connected to water, sewer or electrical service unless the mobile home complies with the standards and requirements prescribed by Standards for Mobile Homes, USAS A119.1, 1963, and amendments thereto, published by the United States of America Standards Institute as applicable, which publication is hereby adopted and by reference made a part of this chapter, a copy of which is and shall remain on file in the office of the Zoning Officer. Compliance with these standards shall be determined by the Zoning Officer. A certificate, if issued by the manufacturer of the mobile home, shall be permanently affixed on a readily visible location on the exterior of the mobile home as prima facie evidence of such compliance.

(29) The maximum ground coverage of the mobile home park shall be seventy percent (70%) with the remaining thirty percent (30%) reserved for landscaping.

A. Development Plan. The following information shall be shown on the development plan or submitted in writing with it: B. Permitted Accessory Uses and Requirements. C. Required Development Standards:

165.12 “B-1″ NEIGHBORHOOD BUSINESS DISTRICT. This district is designed to provide residential areas of higher density than is allowed in the “R-1″ and “R-2″ Districts.

Permitted Uses. Unless provided elsewhere in this chapter, only the following structures and uses shall be permitted in the “B-1″ Neighborhood Business District.
Special Exception Uses. The following uses and structures may be allowed in the “B-1″ Neighborhood Business District subject to review and approval of the Board of Adjustment.

Development Regulations. Each development in the “B-1″ Neighborhood Business District shall be subject to the following minimum site development regulations.

Lot Area:	7,500 square feet for single-family unit 15,000 square feet for 2 dwelling unit.
Lot Width:	75 feet.
Front Yard Setback:	20 feet.
Rear Yard Setback:	35 feet.
Side Yard Setback:	8 feet for single story structure. 10 feet for 2 or more stories.
Street Side Yard Setback:	20 feet.
Maximum Height:	35 feet.
Maximum Lot Coverage:	40% including principal and accessory buildings.
Foundation:	All principal use structures must be erected on a foundation constructed in a manner so as to be impervious to frost. The base of any foundation must be, at a minimum, 42 inches below ground level.
Minimum Building Width:	All principal use buildings shall have a minimum width of 22 feet.

165.13 “B-2″ COMMERCIAL DISTRICT.

Principal Permitted Uses. Within the B-2 Commercial District, unless otherwise provided in this chapter, no building or land shall be used for other than one or more of the following purposes:
Special Exception Uses. The following uses and structures may be permitted in the B-2 Commercial District subject to review and approval of the Board of Adjustment:

Site Development Regulations. Unless otherwise provided in this chapter, each development in the B-2 Commercial District shall be subject to the following regulations:

Minimum Lot Area:	None.
Minimum Lot Width:	None.
Maximum Height:	75 feet.
Front Yard Setback:	None.
Side Yard Setback:	None, except that when a lot in the B-2 district abuts the R-1 or R-2 district the side yard setback along the abutting side shall be 5 feet.
Rear Yard Setback:	None, except that when a lot in the B-2 district abuts a lot in the R-1 or R-2 district, the rear yard setback shall be 25 feet.
Street Side Yard Setback:	10 feet.

165.14 “I-1″ LIGHT INDUSTRIAL DISTRICT.

Principal Permitted Uses. Within the I-1 Industrial District, unless otherwise provided in this chapter, no building or land shall be used for other than one or more of the following uses:
Special Exception Uses. The following structures and uses may be permitted in the I-1 Industrial District subject to review and approval of the Board of Adjustment:

3. Site Development Regulations. Unless otherwise provided in this chapter, each development in the I-1 Industrial District shall be subject to the following regulations:

Minimum Lot Area:	1 acre. The ground floor of buildings shall not exceed 50% of the total area of the lot.
Minimum Lot Width:	None.
Maximum Height:	35 feet.
Front Yard Setback:	40 feet.
Side Yard Setback:	None, except that lots in the I-1 District which abut the R-1 or R-2 District shall have a side yard setback of 5 feet.
Rear Yard Setback:	None, except that lots in the I-1 District which abut the R-1 or R-2 District shall have a rear yard setback of 25 feet.
Street Side Yard Setback:	10 feet.
Enclosed Structure:	All uses shall be conducted within an enclosed structure with no open storage of raw, in process, or finished material and supplies or waste material.
Main Plant Buildings:	All main plant buildings shall be of concrete, structural steel, or masonry construction, unless otherwise approved as provided by this chapter.
Parking and Loading Space:	Adequate parking and loading space shall be provided off the street for all employees and traffic to the plant.
Loading Operations:	Loading operations shall be conducted at the side or rear of buildings. Parking Prohibited: No parking shall be permitted in the required front yard setback.
Landscaping of Front Yard:	The required front yard shall be landscaped with trees, grass, shrubs or pedestrian walks and maintained in a neat and attractive condition.
Fences:	All fencing shall have a uniform and durable character, with the decorative side facing away from the lot. All fencing shall be properly maintained.
Accessory Signs:	Accessory signs and structures shall be permitted, but no sign shall extend more than 10 feet above the roof line of the building and all signs in excess of 100 square feet in area shall be attached flush against the wall of the building.

165.15 “I-2″ MEDIUM INDUSTRIAL DISTRICT.

Principal Permitted Uses. Within the I-2 Industrial District, unless otherwise provided in this chapter, no building or land shall be used for other than one or more of the following uses:
Special Exception Uses. The following structures and uses may be permitted in the I-2 Industrial District subject to review and approval of the Board of Adjustment:

Site Development Regulations. Unless otherwise provided in this chapter, each development in the I-2 Industrial District shall be subject to the following regulations: Minimum Lot Area:

Minimum Lot Area:	1 acre. The ground floor of buildings shall not exceed 50% of the total area of the lot.
Minimum Lot Width:	None.
Maximum Height:	35 feet.
Front Yard Setback:	40 feet.
Side Yard Setback:	None, except that lots in the I-2 District which abut the R-1 or R-2 District shall have a side yard setback of 5 feet.
Rear Yard Setback:	None, except that lots in the I-2 District which abut the R-1 or R-2 District shall have a rear yard setback of 25 feet.
Street Side Yard Setback:	10 feet.
Enclosed Structure:	All uses shall be conducted within an enclosed structure with no open storage of raw, in process, or finished material and supplies or waste material.
Main Plant Buildings:	All main plant buildings shall be of concrete, structural steel, or masonry construction, unless otherwise approved as provided by this chapter.
Parking and Loading Space:	Adequate parking and loading space shall be provided off the street for all employees and traffic to the plant.
Loading Operations:	Loading operations shall be conducted at the side or rear of buildings. Parking Prohibited: No parking shall be permitted in the required front yard setback.
Landscaping of Front Yard:	The required front yard shall be landscaped with trees, grass, shrubs or pedestrian walks and maintained in a neat and attractive condition.
Fences:	All fencing shall have a uniform and durable character, with the decorative side facing away from the lot. All fencing shall be properly maintained.
Accessory Signs:	Accessory signs and structures shall be permitted, but no sign shall extend more than 10 feet above the roof line of the building and all signs in excess of 100 square feet in area shall be attached flush against the wall of the building.

165.16 “I-3″ HEAVY INDUSTRIAL DISTRICT.

Principal Permitted Uses. Within the I-3 Industrial District, unless otherwise provided in this chapter, no building or land shall be used for other than one or more of the following uses:
Special Exception Uses. The following structures and uses may be permitted in the I-3 Industrial District subject to review and approval of the Board of Adjustment:

Site Development Regulations. Unless otherwise provided in this chapter, each development in the I-3 Industrial District shall be subject to the following regulations:

Minimum Lot Area:	1 acre. The ground floor of buildings shall not exceed 40% of the total area of the lot.
Minimum Lot Width:	None.
Maximum Height:	30 feet.
Front Yard Setback:	40 feet.
Side Yard Setback:	None, except that lots in the I-2 District which abut the R-1 or R-2 District shall have a side yard setback of 5 feet.
Rear Yard Setback:	None, except that lots in the I-2 District which abut the R-1 or R-2 District shall have a rear yard setback of 25 feet.
Street Side Yard Setback:	10 feet.
Enclosed Structure:	All uses shall be conducted within an enclosed structure with no open storage of raw, in process, or finished material and supplies or waste material.
Main Plant Buildings:	All main plant buildings shall be of concrete, structural steel, or masonry construction, unless otherwise approved as provided by this chapter.
Parking and Loading Space:	Adequate parking and loading space shall be provided off the street for all employees and traffic to the plant.
Loading Operations:	Loading operations shall be conducted at the side or rear of buildings.
Parking Prohibited in Front Yard:	No parking shall be permitted in the required front yard setback.
Landscaping of Front Yard:	The required front yard shall be landscaped with trees, grass, shrubs or pedestrian walks and maintained in a neat and attractive condition.
Fences:	All fencing shall have a uniform and durable character, with the decorative side facing away from the lot. All fencing shall be properly maintained.
Accessory Signs:	Accessory signs and structures shall be permitted, but no sign shall extend more than 10 feet above the roof line of the building and all signs in excess of 100 square feet in area shall be attached flush against the wall of the building.

Additional Regulations. The following uses having accompanying hazards such as fire, explosion, noise, vibration, dust or the emission of smoke, odor, or toxic gases may, if not in conflict with any law or ordinance in the City or the State, be located in the I-3 district only after the location of such use has been approved by the Council after public hearing and report of the Commission provided in this chapter. The Council shall review the plans and statements and shall not permit such buildings, structures, or uses until it has been shown that the public health, safety, morals and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Council in reviewing the plans and statements shall consult with other agencies created for the promotion of the public health and safety:

165.17 ADDITIONAL AREA AND HEIGHT REGULATIONS. The regulations set forth in this section qualify, supplement or modify the area and height regulations set forth elsewhere in this chapter.

Lot Area and Width. Any lot of record at the time of passage of these Zoning Regulations having less area or width than herein required may be used for a single-family dwelling where such uses are permitted as provided in this chapter and subject to the required setbacks and further provisions of this chapter.

Yards.
Fences and Hedges. Fences or hedges in the R-1 and R-2 residential districts shall not exceed 6 feet in height in any required front yard, and shall not exceed 6 feet in height in any required side or rear yard; and in other residential districts shall not exceed 6 feet in height in any required front yard, and shall be subject to the further restriction of subsection 2 above. Fences in excess of 6 feet will be allowed in the cases of tennis courts and swimming pools. Fences shall not be closer than 2 feet to any property line. Hedges and permanent planting shall not be planted closer than 2.5 feet to any property line. Fences shall be erected and maintained with the decorative finish side facing to the outside of the lot, away from the lot interior.
Buildings To Have Access. Every principal use building hereafter erected or structurally altered, shall be on a lot or parcel having frontage on a public street or road.
Use Of Public Right-Of-Way: No portion of the public road, street or alley right-of-way shall be used, or occupied by an abutting use of land or structure for storage or display purposes, or to provide any parking or loading space required by this chapter.
Temporary Building: Temporary buildings with construction work may be permitted in any district during the period that the construction work is in progress, but such temporary buildings shall be removed within thirty (30) days after completion or abandonment of the construction work.
Accessory Buildings: Accessory buildings and uses customarily incidental to that of the main building may be erected or established as permitted, provided they comply with the following:
Building Height.

165.18 OFF-STREET PARKING. After the effective date of the ordinances codified in this chapter, in all districts except the “B-2″ Commercial District, there shall be provided at the time any new building or structure is erected off-street parking spaces in accordance with the requirements set forth herein:

General Provisions.

Off-Street Parking Requirements. At the time of construction, alteration, moving into, enlargement of a structure or building, or change in the use of the land, off-street parking spaces and loading areas shall be provided, constructed, and maintained for all uses as follows:

Off-Street Loading. At the time of construction, alteration, or enlargement of a structure or building having a gross floor area of 5,000 square feet or more, off-street loading areas shall be provided and maintained for all uses as follows:

Loading Area	Gross Floor Area
One 250 square foot area with a minimum width of 10 feet	For 5,000 to 20,000 square feet
One 250 square foot area with a minimum width of 10 feet	For each additional 20,000 square feet or fraction thereof

All loading and unloading must be conducted on private property and cannot be conducted on the public right-of-way.

165.19 NONCONFORMITIES. It is the intent of this section to permit legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their survival. It is recognized that there exist within the districts established by this chapter and subsequent amendments, lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this section that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structures and land in combination shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would not be permitted generally in the district involved. To avoid undue hardship, nothing in this section shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of existing building has been substantially begun preparatory to rebuilding such demolition or removal shall be deemed to be actual construction, providing that work shall be diligently carried on until completion of the building involved.

Nonconforming Uses of Land: Where at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
Nonconforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter 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 continued so long as it remains otherwise lawful, subject to the following provisions:
Nonconforming Use of Structures and Land: Where a lawful use of a structure, or of a structure and land in combination exists at the effective date of adoption or amendment of this chapter that would not be permitted 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:
Repairs and Maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) months on ordinary repairs, to an extent not exceeding fifty percent (50%) of the replacement costs of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with the protecting the public safety upon orders of such official.
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.
Changes of Tenancy or Ownership. There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, of structures, or of structures and land in combination.

165.20 ACCESSORY USES. The purpose of these provisions is to establish the relationship among principal and accessory uses and to establish provisions governing the conduct of accessory uses.

Principal Use Includes Accessory Use. Principal uses specified as permitted uses or special exception uses for a district by the District Regulations shall be deemed to include accessory uses and activities identified by these regulations and such other accessory uses that are necessary and customarily associated with and are appropriate, incidental, and subordinate to such principal uses. Accessory uses shall be subject to the same regulations as apply to principal uses in each district, except as otherwise provided in these regulations.
Gardens Permitted. Home gardens and the growing of crops shall be an accessory use permitted in any district. However, gardening and the growing of crops shall be subject to the restrictions applicable to home occupations.

165.21 TEMPORARY USES. Provisions authorizing temporary uses are intended to permit occasional, temporary uses and activities when consistent with the purposes of the Zoning Regulations and when compatible with other nearby uses.

Temporary Use Types. The following types of temporary uses may be authorized subject to specific limitations herein and such additional conditions as may be established by the Zoning Administrator.

B. Religious, patriotic, or historic assemblies, displays, or exhibits.

C. Circuses, carnivals, rodeos, fairs, or similar transient amusement or recreational activities not closer than 200 feet from an existing dwelling.

D. Outdoor art and craft shows and exhibits.

E. Christmas tree sales lots.

F. Mobile home residence for occupancy by supervisory or security personnel on the site of an active construction project.

G. Outdoor special sales, including swap meets, flea markets, parking lot sales, or similar activities, limited to locations in commercial or industrial districts, and when operated not more than three (3) days in the same week or more than five (5) days in the same month.

H. Temporary use of mobile trailer units or similar portable structures for nonresidential uses, located in districts where the use is a permitted use, and limited to a maximum period of six (6) months.

I. Seasonal retail sale of agricultural or horticultural products raised or produced off-premises, when located not closer than 200 feet to an existing dwelling.

J. Additional temporary uses determined to be similar to the foregoing by the Zoning Administrator.

K. Temporary signs relating to temporary uses.

Required Conditions of Temporary Uses.

B. A temporary use conducted in a parking facility shall not occupy or remove from availability more than twenty-five percent (25%) of the spaces required for the permanent use.

C. The Zoning Administrator may establish such additional conditions as such official deems necessary to ensure land use compatibility and to minimize potential impacts on nearby uses, including but not limited to time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or enclosure, and guarantees for site restoration and cleanup following the temporary use.

Determinations. The Zoning Administrator may authorize a temporary use only when, in said official’s judgment, the following determinations can be made:

B. The temporary use will be compatible with nearby uses in the general vicinity.

C. The temporary use will not impact public health, safety, or convenience or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct of uses and activities in the vicinity.

Application and Authorization.

B. Application shall be made prior to commencement of the temporary use, and the Zoning Administrator shall make a determination whether to approve, approve conditionally, or to deny the temporary use within five (5) days after the date of application.

C. Authorization of a temporary use shall be by issuance of a zoning permit or a certificate of occupancy.

Extension. Authorization for a temporary use may be renewed by the Zoning Administrator, upon request of the applicant, provided temporary use shall not be authorized or continued for a period of more than one year except upon a new application and authorization.

165.22 ZONING OF ANNEXED AREAS. Any land annexed to the City after the effective date of this chapter shall automatically assume the City of Hawarden Zoning District classification which corresponds to the Sioux County zoning classification which applied prior to the annexation.

165.23 GOVERNMENTAL BODIES. All municipal, County, and State agencies, subdivisions or governmental units must comply with all of these zoning regulations. All such agencies, governmental units and subdivisions thereof must follow the same procedures in applying for any building permit, variance or any other request where the zoning laws of the City are applicable.

165.24 HOME OCCUPATIONS. A home occupation is an accessory use conducted entirely within a dwelling unit, which is clearly incidental to the use of the structure for residential purposes and does not change the residential character of the site. Home occupations accessory to the residential use are subject to the following limitations:

2. Only one unrelated person living outside the residence and members of the immediate family may be employed in the home occupation.

3. The use must be conducted as a secondary use and in such a manner as not to give an outward appearance or manifest any characteristics of a business in the ordinary meaning of the term. The occupation must be conducted entirely within the dwelling which is a bona fide residence of the practitioners, or within an attached garage.

4. The use must not infringe upon the right of neighboring residents to enjoy peaceful and healthy occupancy of their home for which purpose the residential district was created and primarily intended.

5. The occupation shall not produce external noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference or waste run-off outside the dwelling unit or on the property surrounding the dwelling unit.

6. The premises has no exterior display, no exterior storage of materials, and no other exterior indication of the home occupation or variation from the residential character of the principal building.

7. May have no more than one, flush mounted, non-illuminated sign not exceeding six (6) square feet.

8. The home occupation shall not generate customer related vehicular traffic substantially in excess of the normal anticipated residential traffic.

9. No more than thirty percent (30%) of the total floor area of the principal building may be utilized by the home occupation. However, this regulation does not apply to day care services.

10. No equipment or materials associated with the home occupation shall be displayed or stored where visible from anywhere off the premises.

11. Nothing herein shall be construed to allow the following businesses or occupations as home occupations: animal hospitals, animal breeding, clinics, hospitals, contractor’s yards, junk yards, restaurants, rental outlet, vehicle repair shops or massage parlors.

165.25 BED AND BREAKFAST ESTABLISHMENTS. A bed and breakfast establishment is a form of hotel/motel that is designed to blend in with the residential character of an area by utilizing a previous residence for overnight boarding of guests for short durations. It is not a group home, commune or other collective living residence.

2. There shall be no more than five (5) overnight rooms utilized as guest rooms.

3. The length of stay in the bed and breakfast for any person (excluding the manager) shall be limited to no more than 21 days cumulatively in any 90-day period beginning with the first night the occupant stays at the facility.

4. The bed and breakfast shall be properly licensed in the State of Iowa and shall be compliance with any such standards.

5. The location of such a facility shall be limited to historic, 2-story houses built prior to 1945.

6. Approval of the conditional use shall be subject to the Commission’s approval of a satisfactory site plan demonstrating adequately developed off-street parking space on site and an interior plan demonstrating how the facility will be laid out demonstrating that adequate facilities exist and that fire and life measures such as smoke detectors, extinguisher and exits have been adequately addressed.

7. In addition to a 6-square-foot non-illuminated wall sign, a ground sign (less then 4 feet tall) not exceeding 8 square feet shall be permitted. The location of such sign shall be at least 10 feet from any property line.

8. The owner or a resident manager operator of the facility must physically reside on site during all periods that the facility is open to the public and that guests are housed on site.

9. Any other conditions that are deemed by the Commission to ensure the use blends well with the adjoining neighborhood.

165.26 RECREATIONAL VEHICLE (RV) SITES. The following regulations are adopted governing recreation vehicle sites:

2. Site Improvements. A graveled vehicle parking pad of at least 12 x 30 feet shall be provided for each RV site. A minimum of 1 1/2 parking spaces shall be provided per site, with at least one parking space at the site. All required parking shall be graveled. In addition, a 12-foot wide graveled path shall be provided from the road to the pad and parking.

3. Screening. The site shall be screened with a 6-foot opaque screen from all other adjoining uses on site. Additionally a lower hedge and landscaping shall be added along any portion of the sites facing the street.

4. Utilities. Electrical, water, sewer and solid waste facilities shall be provided at a minimum to each site. In addition, common toilets and showers shall also be installed for any sites that will allow RV’s without toilet and shower facilities internal to the vehicle. All utilities and health facilities shall be installed and conform to engineering, building and health regulations.

5. Occupancy. The maximum length of stay for occupants shall be no more than 180 days.

6. Permanent Structures. No permanent structures shall be attached to the RV or installed on the RV site other than accessory uses limited to park management and recreation.

7. Other. Any other conditions that are deemed by the Commission to ensure the use blends well with the adjoining neighborhood.

165.27 SPECIAL EXCEPTION PROCEDURES.

Procedures and Requirements. Allowable special exception uses may be permitted, enlarged, or altered upon application for a special use permit in accordance with the rules and procedures of the Board of Adjustment. The Board of Adjustment will grant or deny a special use permit in accordance with the standards set forth herein and with the intent and purpose of this chapter. In granting a special use permit, the Board of Adjustment will authorize the issuance of a special use permit and may prescribe and impose appropriate conditions, safeguards, and a specified time limit for the performance of the special use permit.
Application For Special Exception Permit. A request for a special use permit for a special use or modification of a special use may be initiated by a property owner or his or her authorized agent by filing an application with the Zoning Administrator upon forms prescribed for the purpose. The application shall be accompanied by a site plan and other such plans and data showing dimensions, arrangements, descriptive data, and other materials constituting a record essential to an understanding of the proposed use and proposed modification in relation to the standards set forth herein. The application shall also be accompanied by a fee as determined by resolution of the City Council.
Procedures. A special exception shall not be granted by the Board of Adjustment unless and until the following procedures have been fulfilled:
Standards. No special exception permit shall be granted by the Board of Adjustment unless such Board shall find:

165.28 ENFORCEMENT.

Administrator. The purpose of this chapter is to confirm the existing Zoning Administrative Officer, and it shall be the duty of said officer to enforce this chapter. Such officer may be a person holding other appointive office in the City, or in another governmental agency.
Zoning Administrative Officer. No land shall be occupied or used, and no building hereafter erected or structurally altered shall be occupied or used in whole or in part for any purpose whatsoever, until a permit is issued by the Zoning Administrator, stating that the building and use comply with the provisions of this chapter. No change of use shall be made in any building or part thereof, now or hereafter erected or structurally altered, without a permit being issued therefor by the Zoning Administrative Officer. No permit shall be issued to make a change unless the changes are in conformity with provisions of this chapter. Nothing in this part shall prevent the continuance of a nonconforming use as herein authorized, unless a discontinuance is necessary for the safety of life or property.
Application For Compliance Permit. Compliance permits shall be obtained from the Zoning Administrative Officer before starting or proceeding with the erection, construction, moving into, or the structural alteration of a building or structure, including billboards. Permits shall be kept on file by the Zoning Administrator, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.
Plats. Each application for a compliance permit shall be accompanied by a plat in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape and location of the building to be erected, the dimensions of the required yards, parking and open spaces, and such other information as may be necessary to provide for the enforcement of this chapter.
Construction and Use To Be As Provided In Application, Plans and Permit. Compliance permits issued on the basis of plans and applications, approved by the Zoning Administrative Officer, authorize only that use, arrangement and construction. Use, arrangement and construction at variance with that authorized shall be deemed a violation of this chapter.
Fees. Before receiving a compliance permit the owner or owner’s agent shall pay to the City the permit fee as provided by resolution of the Council. City, County, State and Federal governments shall be exempt from paying said fees.
Special Exceptions. A compliance permit for a special exception may be issued by the Administrative Officer after review by the Commission and upon order of the Board of Adjustment.
Restraining Order. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this chapter, the City Attorney, in addition to other remedies, may institute any proper action or proceed in the name of the City to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, conduct, business or use in or about said premises.

165.29 BOARD OF ADJUSTMENT.

Confirmation of Existing Board of Adjustment: The five (5) members of the existing Board of Adjustment are hereby confirmed to continue their appointed terms of office. Future members of the Board of Adjustment shall be appointed by the City Council for a term of five (5) years. Members of the Board of Adjustment may be removed from office by the Council for cause upon written charges and after public hearing. Vacancies shall be filled by the Council for the unexpired term of the resigning member.
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/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 examination and other official actions, all of which shall be a public record and be immediately filed in the office of the Board. The presence of three (3) members shall constitute a quorum.
Hearings, Appeals, Notice. Appeals to the Board of Adjustment concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer or bureau of the City affected by a decision of the Administrative Officer. Such appeals should be taken within a reasonable time, not to exceed sixty (60) days, by filing with the Administrative Officer and with the Board of Adjustment, a notice of appeal specifying the grounds thereof. The Administrative Officer shall forthwith transmit to the Board all papers constituting the record from which the action appealed was taken. The Board of Adjustment shall fix a reasonable time for the hearing of appeal, give public notices thereof, as well as due notice to the parties of interest, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or attorney. A fee to be determined by resolution of the Council shall be paid to the Administrative Officer at the time the notice of appeal is filed, which the Administrative Officer shall forthwith pay to the credit of the General Revenue Fund of the City.
Stay of Proceedings. An appeal stays all proceedings in furtherance of the action which was appealed, unless the Administrative Officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with such officer, that by reason of facts stated in the certificate, a stay would, in the opinion of the officer, cause imminent peril to life or 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 the application, on notice to the Administrative Officer from whom the appeal is taken and on due cause shown.
Powers and Duties. The Board of Adjustment shall have the following powers and duties:
Decisions of the Board of Adjustment. In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify order, requirements, decision, or determination as ought to be made and to that end shall have powers of the Administrative Officer from whom the appeal is taken. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Administrative Officer, 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 application of this chapter.
Appeals From the Board of Adjustment: Any person or persons, or any board, taxpayer, department, board or bureau of the community aggrieved by any decision of the Board of Adjustment may seek review of such decision of the Board of Adjustment by a court of record in the manner provided by the laws of the State of Iowa and particularly by Chapter 414, Code of Iowa.

165.30 CHANGES AND AMENDMENTS.

Changes Authorized. This chapter and the district map created by this chapter may be amended from time to time. However, no amendment shall become effective unless it shall have been proposed by or shall have been first submitted to the Planning and Zoning Commission for review and recommendation. The Commission shall have forty-five (45) days in which to submit its report to the Council. If the Commission fails to submit a report within the 45-day period, it shall be deemed to have approved the proposed amendment. A public hearing shall be held by the City Council before adoption of any proposed amendment to this chapter. A notice of such public hearing shall be published not less than seven (7) or more than twenty (20) days prior to the date established for such hearing. Such notice shall include the time and place for the public hearing. At no times shall the required public hearing be held sooner than the next regularly scheduled City Council meeting. In case the Commission does not approve the change, or in a case of a protest filed with the Council against a change in district boundaries signed by the owners of twenty percent (20%) or more either of the area of the lots included in such proposed change, or of those immediately adjacent thereto and within 200 feet of the boundaries thereof, such amendment shall not be passed except by the favorable vote of three-fourths (3/4) of all the members of the Council.
Application For Change In Zoning District Boundaries. Any person may submit to the Council, an application requesting a change in the zoning district boundaries as shown on the official zoning map.

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
538	November 15, 1993
559	May 18, 1998
563	June 7, 1999
604	July 15, 2002
611	October 21, 2002

Chapter 165

CHAPTER 165

ZONING REGULATIONS