CHAPTER 165

ZONING REGULATIONS

Note: This is a very long chapter, so I have divided it among many pages. When you are done, just close this window and the main zoning page should be back. .

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.

1. “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.
2. “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.
3. “Addition” means any construction which increases the site coverage, height, length, width or floor area of a structure.
4. “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.
5. “Alteration” means any change in the supporting members of a building, such as bearing walls, partitions, columns, beams or girders.
6. “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.
7. “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').
8. “Basement” means a story partly underground.
9. “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.
10. “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.
11. “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.
12. “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.
13. “Building line” means the setback distance from the front property line, rear lot line, and side lot lines as provided in this chapter.
14. “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.
15. “Building width” means the length of any one exterior side, being the extension lines from one external edge to the opposite external edge.
16. “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.
17. “Commission” means the Planning and Zoning Commission of the City.
18. “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.
19. “Curb level” means the established curb grade adjacent to a lot.
20. “Detached” means fully separated from any other structure; not attached.
21. “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.
22. “Driveway” means an area providing vehicular access between a street and an off-street parking or loading area.
23. “Dwelling” means any building or portion thereof which is designed or used primarily for residential purposes but not including a tent or trailer.
24. “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.
25. “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.
26. “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.
27. “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.
28. “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.
29. “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.
30. “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.
31. “Garage, public” means a garage other than a private garage.
32. “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.
33. “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.
34. “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.
35. “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.
36. “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.
37. “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.
38. “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.
39. “Lot, interior” means a lot other than a corner lot.
40. “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.
41. “Lot line, rear” means that boundary line which is opposite and most distant from the front lot line.
42. “Lot line, side” means any boundary line not a front line or a rear lot line.
43. “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.
44. “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.
45. “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.
46. “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.
47. “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.
48. “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.
49. “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.
50. “Premises” means a lot, together with all building and structures thereon.
51. “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.
52. “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.
53. “Porch, open” means a roofed structure, open on two (2) or more sides, projecting from the front, side or rear wall of the building.
54. “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.
55. “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.
56. “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.
57. “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.
58. “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.
59. “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.
60. “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.
61. “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.
62. “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.
63. “Street line” means the dividing line between a lot and a public street, alley or place.
64. “Street, public” means a public thoroughfare more than thirty feet (30') in width.
65. “Street wall” means the wall of the building nearest the street under consideration.
66. “Structure” means anything constructed or erected, the use of which requires permanent location on the ground.
67. “Structural alteration” means any change in structural members of a building, such as walls, columns, beams or girders.
68. “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.
69. “Townhouse” means a dwelling unit having a common wall with or abutting one or more adjoining dwelling units in a townhouse group.
70. “Townhouse group” means two (2) or more contiguous townhouses having common or abutting walls.
71. “Use” means the conduct of an activity, or the performance of a function or operation, on a site or in a structure.
    1. “Accessory use” means a use or activity which is incidental to and customarily associated with a specific principal use on the same site.
    2. “Principal use” means a use which is a primary function of a lot or structure.
    3. “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.
    4. “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.
72. “Valuation” means the one hundred percent (100%) valuation of a building or structure, as determined by the Sioux County Assessor.
73. “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.
74. “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.
75. “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.

1. 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. †
2. District. The City Council shall divide the Official Zoning Districts Map of the City into districts or zones as follows:
   1. “A-1” Agricultural
   2. “R-1” Single-Family Residential
   3. “R-2” Medium Density Residential
   4. “MH” Mobile Home Park District
   5. “B-1” Neighborhood Business
   6. “B-2” Commercial
   7. “I-1” Light Industrial
   8. “I-2” Medium Industrial
   9. “I-3”Heavy Industrial
3. 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.

1. The principal building on a lot shall front a street or other approved public place.
2. 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.
3. 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.
4. 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.
5. No accessory building in the rear of any principal building on the same interior or corner lot shall be used for residential purposes.
6. Any portion of a building which is covered by a roof shall be considered as part of the building.
7. 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.
8. 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.

† Note: Link to the current Zoning map here when available.