Chapter 165 - Zoning

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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.
1. Buildings on through lots shall provide the required front yard on both streets.
2. The required side yard on the street side of a corner lot shall be the same as the required front yard on such street and no accessory building shall project beyond the required front yard on either street.
3. On a corner lot in any district, except the General Commercial District, no fence, wall, hedge, tree or other planting or structure that will obstruct vision between a height of 2 feet and 10 feet above the centerline grade of the intersecting streets shall be erected, placed or maintained within the triangular area formed, by connecting the right-of-way lines at points which are 25 feet distant from the intersection of the right-of-way lines, and measured along the right-of-way lines.
4. The ordinary projection from buildings including eaves, sills, cornices, or other similar architectural features may project or extend not more than 2 feet into a required yard.
5. An air conditioning compressor may not encroach into the required side yard.
6. Carports, bay windows, cantilevered projections, chimneys and structures may not project into the required yards.
7. Steps providing access to the ground level of a dwelling may encroach no more than 3 feet into any required yard. Steps may encroach no more than 6 feet into any required front or rear yard.
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:
1. No accessory buildings shall be erected in any required front or side yard and such accessory building shall not be nearer to the lot lines than would be required for the building wall of a main building on the same lot.
2. No detached accessory building in any district shall:
  1. Be erected within 10 feet of any main (principal) building;
  2. Be erected within 5 feet of any property line or 30 feet of the traveled portion of any street, whichever is greater;
  3. Occupy more than 30% of the required yard area;
  4. Be erected within a required lot line easement;
  5. Be located further than 500 feet from the corresponding principal use or building.
  6. Be erected within 4 feet from any rear property line.
3. In the R-1 Residential District, no detached accessory building is permitted within the limits of a front yard.
4. No accessory building shall be used as a dwelling unit for periods exceeding thirty (30) days and shall not be operated as a commercial rental property.
5. For the purposes of this chapter, a gasoline dispensing pump shall not be classified as an accessory structure.
Building Height.
1. Except in the B-2 Commercial District, no building shall exceed a height of 35 feet, unless otherwise provided.
2. The height regulations shall not apply to television and radio towers, church spires, belfries, monuments, farm buildings, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, grain elevators, ornamental towers and spires, chimneys, elevator bulkheads, drilling rigs, conveyors, flagpoles and other pertinent mechanical apparatus which may be erected to any height not in conflict with any other applicable regulations.
3. Public, semi-public or private service buildings, hospitals, institutions, churches and schools, when permitted in a district, may be erected to exceed height limits specified for the district, provided all required yards are increased by one foot for each foot of building height above the specified height limit.

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.
1. All buildings and structures erected and all uses of land in all districts established after the effective date of this chapter shall provide accessory parking facilities as required under this section unless a building permit has been issued and construction is begun at least two (2) months prior to the effective date of this chapter.
2. The provisions of this section do not apply to areas in the Commercial District (B-2).
3. All off-street parking spaces required by this chapter shall be located on the lot of the use it serves or within 300 feet of the principal use lot.
4. Owners of two (2) or more uses or parcels of land may agree to jointly utilize the same parking spaces provided that satisfactory legal evidence is presented in the form of deeds, leases, or contract documents to establish such a joint area of use.
5. Off-street parking spaces may occupy required yards except that access to groups of three or more spaces shall be by common driveways with curb cuts approved by the City Engineer so that parking and un-parking maneuvers can be accomplished off the street. Direct access to parking spaces from alleys shall be permitted.
6. A plan, drawn to scale, indicating how the off-street parking and loading requirements are to be fulfilled, shall accompany an application for a building certificate. The plan shall show all elements necessary to indicate that the requirements are being fulfilled.
7. Whenever a building or use constructed or established after the effective date of this chapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this chapter is enlarged to the extent of fifty percent (50%) or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.
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:
Single-family Residential:....... 1 space.
Multi-Family Residential:........ 1 space per dwelling unit.
Mobile Home Park:................. 1 space per mobile home unit.
Hotel / Motel and
Bed & Breakfast Inn............. 1 space per room.
Hospital:................................. 1 space for each four hospital beds, and 1 space for each two employees on the major shift.
Places of public assembly
such as auditoriums, theaters,
stadiums, churches, community
halls, etc.................................. 1 space for each six seats.
Bowling Alleys:...................... 5 spaces per alley.
Skating rinks or dance halls:... 1 space for each 100 square feet of skating or dance floor area.
Retail sales and service uses:.... 1 space for each 300 square feet of gross floor area.
Restaurants:............................. 1 space for each four (4) seats plus 1 space for each two employees.
Taverns, bars, cocktail lounges: 1 space for each two (2) seats.
Elementary / Junior High:....... 1 space per classroom or 1 space for every six seats in the largest facility for public assembly, whichever is the greater.
High Schools / Colleges:......... 1 space per ten (10) students or 1 space for every six seats in the largest facility for public assembly, whichever is the greater.
Manufacturing or industry:..... 1 space for every two (2) employees on the largest working shift.
Computation of Spaces.
1. In the case of any building, structure or premises, the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, shall apply, as determined by the Board of Adjustments.
2. Where fractional spaces occur, the parking space required shall be construed to the next largest whole number.
3. In the case of mixed or joint uses, the parking spaces required shall equal the sum of the requirements of the various uses in computed separately.

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:
1. No such nonconforming use shall be enlarged or increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
2. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.
3. If such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
4. Any lot of record, in existence at the time of adoption or amendment of this chapter which does not meet the minimum lot area requirements, but otherwise is a permitted use, may be utilized for the construction of a single-family residential dwelling so long as the required setbacks are observed.
5. Any existing nonconforming single family use may be permitted to have up to two detached accessory structures not to exceed 900 s.f. This shall be exclusive of non-building structures such as pools, trampolines, swing sets, etc. Additions to the main structure for accessory uses or the later conversion of accessory structures to primary nonconforming uses shall not be permitted.
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:
1. No such structure may be enlarged or altered in a way which increases its nonconformity. Such structures may be enlarged or altered in a way which does not increase its nonconformity.
2. Should such structure be destroyed by any means to an extent of more than sixty percent (60%) of its replacement costs, exclusive with the foundation, it shall be reconstructed only in conformity with the provisions of this chapter.
3. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
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:
1. An existing structure devoted to a use not permitted by this chapter in the district in which it is located shall not be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
2. Any nonconforming use may be extended throughout any parts of a building which was manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
3. If no structural alterations are made, any nonconforming use of structure, or structure and land in combination, may be changed to another nonconforming use of the same or a more restricted classification provided that the Board of Adjustment by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Adjustment may require conditions and safeguards in accord with the purpose and intent of this chapter. Where such nonconforming use of a structure, land, or structure and land in combination is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.
4. A structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
5. When a nonconforming use of a structure, or structures and land in combination, is discontinued or ceases to exist for a period of more than one year, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
6. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
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.
1. Contractor’s office, storage yard, and equipment parking and servicing on the site of an active construction project.
2. Religious, patriotic, or historic assemblies, displays, or exhibits.
3. Circuses, carnivals, rodeos, fairs, or similar transient amusement or recreational activities not closer than 200 feet from an existing dwelling.
4. Outdoor art and craft shows and exhibits.
5. Christmas tree sales lots.
6. Mobile home residence for occupancy by supervisory or security personnel on the site of an active construction project.
7. 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.
8. 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.
9. Seasonal retail sale of agricultural or horticultural products raised or produced off-premises, when located not closer than 200 feet to an existing dwelling.
10. Additional temporary uses determined to be similar to the foregoing by the Zoning Administrator.
11. Temporary signs relating to temporary uses.
Required Conditions of Temporary Uses.
1. Each site occupied by a temporary use shall be left free of debris, litter, or other evidence of the temporary use upon completion or removal of the use.
2. 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.
3. 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:
1. The temporary use will not impair the normal, safe, and effective operation of a permanent use on the same site.
2. The temporary use will be compatible with nearby uses in the general vicinity.
3. 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.
1. Application to conduct a temporary use shall be made to the Zoning Administrator, and shall include a site plan and description of the use, and such additional information as the Zoning Administrator may require to evaluate the use and to make the determination required by these provisions.
2. 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.
3. 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:

The residential character of the building must be maintained.
Only one unrelated person living outside the residence and members of the immediate family may be employed in the home occupation.
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.
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.
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.
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.
May have no more than one, flush mounted, non-illuminated sign not exceeding six (6) square feet.
The home occupation shall not generate customer related vehicular traffic substantially in excess of the normal anticipated residential traffic.
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.
No equipment or materials associated with the home occupation shall be displayed or stored where visible from anywhere off the premises.
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.

Limitations. The limitations described in subsections 1, 4, 5, 6, 7 and 8 of Section 165.24 of this chapter shall apply except as specifically modified herein.
There shall be no more than five (5) overnight rooms utilized as guest rooms.
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.
The bed and breakfast shall be properly licensed in the State of Iowa and shall be compliance with any such standards.
The location of such a facility shall be limited to historic, 2-story houses built prior to 1945.
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.
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.
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.
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:

Site Size and Vehicle Density. The minimum size of the plot of ground intended to accommodate a recreational vehicle or other individual camping unit shall be a minimum of 1,500 square feet and shall not exceed 15 camp/RV sites per acre. Each site shall be a minimum of 15 feet wide.
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.
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.
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.
Occupancy. The maximum length of stay for occupants shall be no more than 180 days.
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.
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:
1. The Zoning Administrator shall provide a copy of the application for special exception for review and comment to the Planning and Zoning Commission.
2. The Commission shall provide the Board of Adjustment with their recommendations within thirty (30) days after receipt of the application.
3. After receipt of the Commission’s recommendations, the Board of Adjustment shall schedule a public hearing in relation to the special exception request. Notice shall be given of the public hearing as required by State Statute by publication in a newspaper of general circulation in the City. Notice shall be given to the owners of property within three hundred (300) feet of the property in question.
4. The Board of Adjustment shall determine that it is empowered under this chapter to grant the special exception as described in the application, and that the granting of the special exception will not adversely affect the public interest pursuant to testimony presented at the public hearing and the review by the Commission.
5. In granting any special exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter.
6. The concurring vote of three members of the Board of Adjustment grants a special use permit. No order of the Board of Adjustment granting a special use permit shall be valid for a period longer than one (1) year from the date of such order, unless the Board of Adjustment specifically grants a longer period of time or a building permit is obtained within the one (1) year period and construction is commenced.
Standards. No special exception permit shall be granted by the Board of Adjustment unless such Board shall find:
1. The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare of the community.
2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, or substantially diminish and impair property values within the neighborhood.
3. In the case of existing relocated single-family dwellings, the proposed use shall aesthetically blend in with the neighboring existing permitted uses and special attention shall be given to the architectural style, size and quality of construction of the proposed use.
4. The establishment of the special use will not impede the normal and orderly development in improvement of the surrounding property for uses permitted in the district.
5. Adequate utilities, access roads, drainage, parking, and/or necessary facilities have been or will be provided.
6. Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
7. The use shall not include any activity involving the use or storage of flammable, or explosive material unless protected by adequate fire fighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material.
8. The use shall not include noise which is objectionable due to volume, frequency, or beat unless muffled or otherwise controlled.
9. The use shall not include vibration which is discernable without instruments on any adjoining lot or property.
10. The use shall not involve any malodorous gas or matter which is discernable on any adjoining property.
11. The use shall not involve any pollution of the air by fly-ash, dust vapors, or other substance which is harmful to health, animals, vegetation or other property or which causes soiling, discomfort or irritation.
12. The use shall not involve any direct or reflected glare which is visible from any adjoining property or from any public street, road, or highway.
13. The use shall not involve any activity substantially increasing the movement of traffic on public streets unless procedures are instituted to limit traffic hazards and congestion.
14. The use shall not involve any activity substantially increasing the burden on any public utilities or facilities unless provisions are made for any necessary adjustments.
15. The use will not be in conflict with the Comprehensive City Plan.
16. The use shall not interfere with the use or enjoyment of neighboring permitted uses. If such interference is found provisions must be made for increased setbacks (up to 500 feet) from property lines or screening of incompatible use by the use of fences or hedges.
17. The ground coverage shall be such that no additional dust or storm run-off is generated by the special exception use.
18. The use shall not create a hazard to vehicular traffic. If any such hazard is determined, provisions must be made to increase the required setback in regard to open air storage.
19. The use shall cause no permanent, irreparable damage to the environment or to adjacent uses of land.

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:
1. Administrative Review. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by the Administrative Administrator in the enforcement of this chapter.
2. Special Exceptions. To hear and decide only such exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this chapter, and as provided for in Section 165.19.
3. Variances. To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the Board of Adjustments unless and until:
  1. A written application for a variance is submitted demonstrating:
    1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
    2. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
    3. That the special conditions and circumstances do not result from the actions of the applicant.
    4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district. No nonconforming use of neighboring lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
  2. Notice of public hearing shall be given.
  3. The public hearing shall be held. Any party may appear in person or by agent or attorney.
  4. The Board of Adjustment shall make findings that the requirements of this section have been met by the applicant for a variance.
  5. The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.
  6. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
  7. The application for a variance shall be accompanied by a fee to be determined by resolution of the Council.
    In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.
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.
1. Such application shall be filed with the Administrative Officer accompanied by a fee as determined by resolution by the City Council and shall contain the following information:
  1. The legal description and local address of the property.
  2. The present zoning classification and the zoning classification requested for the property.
  3. The existing use and proposed use of the property.
  4. The names and addresses of the owners of all property within 200 feet of the property for which the change is requested.
  5. A statement of the reasons why the applicant feels the present zoning classification is no longer appropriate.
  6. A plat showing existing and proposed locations, dimensions and use of the applicant’s property and all property within 200 feet thereof, including streets, alleys, railroads, and other physical features.
    All fees shall be deposited to the General Revenue Fund of the City. Failure to approve the requested change shall not be deemed cause to refund the fee to the applicant.
2. Upon receipt of the application by the Administrative Officer a copy shall be forwarded immediately to the Commission for study and recommendation. The Commission shall, prior to making a recommendation, determine the following:
  1. Whether or not the current district classification of the property to be rezoned is valid.
  2. Whether there is a need for additional land zoned for the purpose requested.
  3. Whether the proposed change is consistent with the current land use plan, considering such factors as:
    1. Whether the rezoning would result in a population density or development which would in turn cause demand for services and utilities in excess of the capacity planned for the area;
    2. Whether the rezoning would result in the generating of traffic in excess of the capacity of existing or planned streets in the vicinity.
  4. Whether there is an intent on the part of the applicant to develop the property to be rezoned diligently and within a reasonable time.
3. The Commission shall report its determinations and recommendations to the Council within forty-five (45) days from receipt of the application, except that when no report is issued within that time, the application will be deemed approved by the Commission. The Council shall then hold a public hearing as provided herein.