ORDINANCE NO. 592

AN ORDINANCE OF THE CITY OF HAWARDEN AMENDING USES IN CHAPTER 4 AND 5 AND BY ADDING "HOME OCCUPATIONS" AS A PERMITTED USE AND "BED AND BREAKFAST ESTABLISHMENTS" AS A SPECIAL EXCEPTION; AND AMENDING CHAPTER 15 BY ADDING A NEW SECTION "15.7 BED AND BREAKFAST ESTABLISHMENTS" WITH CONDITIONS FOR THE SPECIAL EXCEPTION; AND PROVIDING A SEVERABILITY CLAUSES AND AN EFFECTIVE DATE.

Legend: Red Text deleted : Blue Text Added.

Whereas, an inadequate selection of overnight boarding exists in the City, and;

Whereas, changes in our current zoning code may allow increased selection through a less formal setting, yet with proper regulation protect adjoining residential uses.

BE IT ORDAINED BY THE CITY COUNCIL OF HAWARDEN, IOWA:

Section 1. Chapter 4, Sections 4.2 (1) and 4.3 (1) of the Hawarden Municipal Code is hereby amended to read as follows:

Section 4.2
1. Residential Uses
Single Family Residential
Home Occupations per Chapter 15 Section 15.5

Section 4.3
1. Residential Uses
Duplex Residential
Multiple Family Residential
Bed and Breakfast per Chapter 15 Section 15.7

Section 2. Chapter 5, Sections 5.2 (1) and 5.3 (1) of the Hawarden Municipal Code is hereby amended to read as follows:

Section 5.2
1. Residential Uses
Single Family Residential
Duplex Residential
Multiple Family Residential
Home Occupations per Chapter 15 Section 15.5

Section 5.3
1. Residential Uses
Two Family Residential
Bed and Breakfast per Chapter 15 Section 15.7

Section 3. Chapter 15 of the Hawarden Municipal Code is hereby amended by adding a new section "15.7 Bed and Breakfast Establishments" as follows:

15.7 Bed and Breakfast Establishment - A bed and breakfast facility 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 in short durations. It is not a group home, commune, or other collective living residence.

  1. Section 15.5 paragraphs 1, 4, 5, 6,7, & 8 shall apply except as specifically modified herein.
  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(s) 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 Planning 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 s.f. non-illuminated wall sign, a ground sign (less then 4 ft. tall) not exceeding 8s.f. shall be permitted. The location of such sign shall be at least 10 ft. 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 Planning Commission to ensure the use blends well with the adjoining neighborhood.

Section 4. Severability. If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof, not adjudged invalid or unconstitutional.

________________________
Ricard R. Porter, Mayor

ATTEST:

__________________________________
Craig M. Coffey, City Administrator/Clerk

First Reading:
Second Reading:
Third Reading:

I hereby certify that the foregoing Ordinance No. 593 was published in the Hawarden Independent, a newspaper printed and published and of general circulation in the City of Hawarden, Iowa on the __th day of July, 2001.

______________________________
Craig M. Coffey, City Administrator

Note: Blue text are additions to the existing city code, while red text are deletions to the existing city code. "*" Indicate separations in text in the current City Code that are unchanged and are not repeated for brevity purposes.