TITLE 61, ZONING 61-1, ZONING ORDINANCE

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1 TITLE 61, ZONING Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12 Chapter 13 Chapter 14 Chapter 15 Zoning Ordinance Definitions Districts and Boundaries Thereof R-1 Single Family and Two-Family Residential District R-2 Two Family and Multiple-Family Residential District R-3 Mobile Home Park District C-1 Local Commercial District C-2 General Business District M-1 Light Industrial District M-2 Heavy Industrial District General District Regulations for All Districts Administration and Enforcement Zoning Board of Adjustment Planning and Zoning Commission Adoption and Repeal of Conflicting Ordinances 61-1, ZONING ORDINANCE Title Purpose Interpretation Severability Headings or Titles TITLE. This ordinance shall be known and may be cited and referred to as The Zoning Ordinance of the City of Tipton, Iowa PURPOSE. The zoning regulations and districts as herein established have been made for the purpose of promoting the health, safety, and general welfare of the community. The zoning regulations and districts have been designed to preserve the availability of agricultural land; to consider the protection of soil from wind and water erosion; to encourage efficient urban development patterns; to lessen congestion in the street; to secure safety from fire, flood, panic, and other dangers; to provide health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to promote the conservation of energy resources; to promote reasonable access to solar energy; and to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements. The zoning regulations and districts have been made with reasonable consideration of the character of the district and its suitability for the particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land through out the community for the promotion of the public health, safety, morals, convenience, comfort, prosperity, and general welfare INTERPRETATION. The following shall be interpreted in accordance with the following: a. Minimum Requirements: In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements. b. Inconsistent or Conflicting Regulations: To the extent that any provision of this ordinance or of any other provision of this ordinance or of any other applicable zoning law, the more restrictive provision shall apply. c. Unlawful Uses: No building, structure, or use which was not lawfully existing at the time of the adoption of this ordinance shall become or be made lawful solely by reason of the adoption of this ordinance; and to the extent that, and in any respect that, said unlawful building, structure or use is in conflict with the requirements of this ordinance, said building, structure or use remains unlawful hereunder.

2 d. Not A Licensing Ordinance: Nothing contained in this ordinance shall be deemed to be a consent, license or permit to use any property or to locate, construct or maintain any building, structure or facility or to carry on any trade, industry, occupation or activity. e. Cumulative Provisions: The provisions of this ordinance are cumulative and additional limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter, governing any subject matter in this ordinance SEVERABLILITY. a. If any court of competent jurisdiction shall adjudge any provisions of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance. b. If any court of competent jurisdiction shall adjudge invalid the application of any provisions of this ordinance to a particular parcel of land, a building or other structure, such judgment shall not affect the application of said provisions to any other parcel of land, building or structure HEADINGS OR TITLES. Headings or titles to sections, subsections and paragraphs shall be construed as informative of general nature of its contents, but not a restriction upon its contents. Amended by Ord #454 4/21/03 Amended by Ord # 468 4/14/ , DEFINITIONS Amended by Ord # 469 4/14/ DEFINITIONS. For the purposes of this ordinance, certain terms or words used herein shall be interpreted as follows: The word person includes an individual, firm partnership, domestic or foreign corporation, company, association or joint stock association, club, trust, or other legal entity, and includes a trustee, receiver, assignee, or similar representative thereof, and includes a municipality and body politic and corporate. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. The word shall is mandatory, and the word may is permissive. The word used or occupied includes the words intended, designed, or arranged to be used or occupied. The word lot includes the words pilot or parcel. The word structure includes the word building. Accessory Building. A subordinate building, the use of which is incidental to and customary in connection with the principal building or use, and which is located on the same lot with such principal building or use. Accessory Use. A subordinate use, which is incidental to and customary in connection with the principal building or use, and is, located on the same lot with such principal building or use. Alley. A public thoroughfare, which affords only a secondary means of access to property abutting thereon. Apartment House. See Dwelling, Multiple. Basement. A story having part but not more than one-half of its height below grade. A basement is counted as a story for the purpose of height regulations.

3 Bed and Breakfast Home. As established in Chapter 170A and 170B, Code of Iowa, a private residence which provides lodging and meals for guests, in which the host or hostess resides and in which no more than two guest families are lodged at the same time and which, while it may advertise and accept reservations, does not hold itself out to the public to be a restaurant, hotel or motel, does not require reservations and serve food only to overnight guests. Bed and Breakfast Inn. As established in Chapter 170A and 170B, Code of Iowa, a hotel that has nine or fewer guestrooms. Boarding Rooming House. A building other than a hotel where, for compensation and by pre-arrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more persons, but not exceeding 20 persons. Building, Height of. The vertical distance to: (a) the highest points of a flat roof; (b) the deck line of a mansard roofs; or (c) the average height between eaves and ridge for gable, hip and gambrel roofs. Cellar. A story having more than one-half of its height below grade. Clinic, Medical. Establishments where patients are not lodged overnight but are admitted for examination or treatment by a group of physicians or dentists practicing medicine together. Club. A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business. Condominium Office. As established in Chapter 499B, Code of Iowa, an office building (or group of buildings) organized, owned and maintained as a condominium. Condominium, Residential. As established in Chapter 499B, Code of Iowa, a building or group of buildings in which units are owned individually, and the structure common areas and facilities are owned by all the owners on a proportional, undivided basis. A condominium may be for other than residential use. Court. An open space more than one-half surrounded by buildings. District. Any section of the City of Tipton within which the zoning regulations are uniform. Dwelling. A building or portion thereof designed or used exclusively for residential occupancy, but not including home trailers, mobile homes, hotels, motels, boarding and lodging houses, tourist courts or tourist homes. Dwelling, Single-Family. A building designed for or occupied exclusively by one family. Dwelling, Two-Family. A building designed for or occupied exclusively by two families. Dwelling, Multiple. A building designed for or occupied exclusively by three or more families. Factory-Built (Modular) House. A modular house is a structure built at a factory and inspected for compliance with the Uniform Building Code, the Uniform Plumbing Code, the Uniform Mechanical Code, and the National Electrical Code, each with certain amendments as adopted as the Iowa State Building Code and mandatory for all such structures placed in Iowa. Compliance is evidenced by a seal issued by the state building code commissioner and attached to the house and accompanied by a copy of the manufacturer's certificate of compliance. A certified modular house shall be permitted anywhere a sitebuilt or pre-fabricated site-erected building is permitted whether meeting the same code requirements or not. A modular house may be placed on a parcel or lot if its placement as to yards and set back, width and minimum floor area meets the criteria that would apply to a site-built dwelling on the same lot. A modular house is not a mobile home or a mobile home add-on unit.

4 Family. An individual or two or more persons related by blood or marriage, or a group of not more than five persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling. Filling Station. Any building, structure, or land used primarily for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting. Frontage. The distance along a street line from one intersecting street to another or from one intersecting street to the end of a dead end street. Garage, Private. A detached accessory building or portion of a main building housing the automobiles of the occupants of the premises. Garage, Public. A building or portion thereof, other than a private, storage or parking garage, designed or used for equipping, servicing, repairing, hiring, selling or storing of motor-driven vehicles. The term repairing shall not including an automotive body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles. Garage, Storage. A building or portion thereof designed or used exclusively for term storage of motordriven vehicles, as distinguished from daily storage furnished transients, and within which motor fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired or sold. Grade. For the purposes of this definition, any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street. a. For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street; b. For buildings having walls adjoining more than one street, the average of the elevations of the sidewalk at the centers of all walls adjoining the streets; c. For buildings having no wall adjoining a street, the average level of the finished surface of the ground adjacent to the exterior walls of the buildings. Gross Floor Area. The sum of the habitable ground floor area of a building measured from the exterior face of exterior walls. Home Occupation. Any business enterprise that is allowed to operate in an R-1, R-2, or R-3 residential district by a family member/s who reside on the premises. The activity must also be clearly incidental and secondary to the use of the premise and must comply with all provisions of Chapter 61.11(9). Hotel. A building in which lodging, or boarding and lodging, are provided and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all times. As distinguished from a boardinghouse, a lodging house, or an apartment which are herein separately defined. Institution. A non-profit establishment for public use. Junk or Salvage Yard. Any place not fully enclosed in a building and which encompasses an area of 1,000 square feet or more and/or exceeds 5,000 cubic feet, where waste, discarded or salvaged material or equipment are bought, sold, exchanged, baled or packed, disassembled, kept, stored, or handled, including house wrecking yards, auto wrecking activities, used lumber yards and places or yards for storage of

5 salvaged building materials and structural steel materials and equipment, but not including areas where such uses are conducted entirely within a completely enclosed building. The definition of junk shall include dismantled and inoperable vehicles, machinery, and appliances or parts of such vehicles, machinery or appliances. An inoperable vehicle shall mean any motor vehicle, which lacks a current registration or two or more wheels, or any other component parts, the absence of which renders the vehicle illegal for use on the highway. Firewood for home heating shall be exempted from the area/space limitations imposed for salvaged material. The presence on any lot, parcel, or tract of land, of three or more vehicles which for a period exceeding thirty (30) days have not been capable of operating under their own power, and from which parts have been removed for reuse, salvage or sale, shall constitute prima facie evidence of a junk yard. Laundry, Self-Service. use on the premises. An establishment providing home-type washing, drying or ironing machines for Lodging house. See Boarding House. Lot. Land occupied or intended for occupancy by a use permitted in this ordinance, including one main building, together with its accessory buildings, and the yards, loading and parking spaces required herein, and having its principal frontage upon a street or upon an officially approved place. Lot, Corner. A lot abutting upon two or more streets at their intersection. Lot. Interior. A lot other than a corner lot. Lot of Record. A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder of Deeds of Cedar County or a lot described by metes and bounds, the description of which has been recorded. Lot Width. The width of the lot at the front yard line. Lot Zoning In this title the term lot refers to a zoning lot unless the context shall clearly indicted that It refers instead to a lot of record. A zoning lot is a single tract of contiguous land which, at the time of filing for a building permit or a certificate of occupancy or district boundary change, is designated by the owner or developer as a tract to be used, developed, or built upon as a unit under single or unified ownership or control and assigned to the particular use, building, or structure for which the building permit or certificate of occupancy is issued. A lot includes such area of land as may be required by the provisions of this Title for such use, building or structure. Mobile Home. 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 shall also include any such vehicle with motive power not registered as a motor vehicle in Iowa. Mobile Home Lot. A parcel of land within an approved mobile home subdivision, which is recorded in the office of the Cedar County Recorded and which was designed and intended for the accommodation of one (1) mobile home and its accessory buildings and structures. Mobile Homes (Manufactured Home). A manufactured (mobile) home is a structure built in a factory to the construction and safety standards established under the authority of 42 United States Code, section If it is proposed to place such a home outside a mobile home park, it shall be converted to real estate under the provisions of section 135D.26 of the Iowa Code and are subject to the requirements of section and all other zoning ordinances.

6 Mobile Home Park. Any site, lot, field, or tract of land upon which two or more occupied mobile homes are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent vehicle, or enclosure used or intended for use as part of equipment of such mobile home park. The term "mobile home park" shall not be construed to include mobile homes, buildings, tenants, or other structures temporarily maintained by an individual, educational institution, or company on their own premises and used exclusively to house their own labor or students. Mobile Home Space. A plot of ground within a mobile home park designated for the accommodation of one mobile home and its accessory buildings or structures. Mobile Home Stand. The outline of the mobile home including any paved portion of the outdoor living area. If any structural additions to the mobile home are proposed or anticipated such as cabanas, carports, decks, porches, or other similar additions, they shall be considered a part of the mobile home stand. Mobile Home Subdivision. A residential subdivision as shown in the records of the office of the Cedar County Recorder and approved in accordance with the development regulations of the Tipton Zoning and Subdivision Code of the Tipton Municipal Code of the City of Tipton, Iowa and pursuant to the provisions of the Code of the State of Iowa, together with certain accessory buildings and uses providing for the enjoyment and benefit of the residents of the subdivision in which individual ownership of a lot is permitted, for the placement of a mobile home for residential purposes. Motor Court or Motel. A building or group of buildings used primarily for the temporary residence of motorists or travelers. Non-Conforming Use. Any building or land lawfully occupied by a use at the time of passage of this ordinance or amendments thereto, which does not conform after the passage of this ordinance or amendments thereto with the use regulations of the district in which it is situated. Nursing, Rest or Convalescent Home. A home for the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Parking Area. An open, unoccupied space used or required for use for parking of vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted and no fees are charged. Parking Lot. An open surfaced area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles are to be equipped, repaired, rented or sold. Parking Space. An all-weather surfaced area not in a street or alley and having an area of not less than 180 square feet, exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by an all-weather surfaced driveway which affords ingress and egress for an automobile without requiring another automobile to be moved. Place. An open, unoccupied space or thoroughfare other than a street or alley permanently reserved as a principal means of access to abutting property. Planned Unit Development (PUD). An area of a minimum contiguous size, as specified by ordinance, to be planned and developed as a single entity containing one or more residential clusters or planned unit

7 residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential users to residential users as shall be specified. Porch, Unenclosed. A porch consisting only of a roof and floor and supporting members together, if desired, with a solid or open balustrade not more than three feet in height. Principal Structure. A structure in which is conducted the principal use of the lot on which it is located. Recreational Vehicle. A vehicle-type unit not exceeding eight (8) feet in width and forty (40) feet in length, designed to provide temporary living quarters for recreational, camping or travel use. The recreational vehicle may be a motor vehicle such as a motor home, or camper bus, or van converted for temporary living quarters; travel trailer ; truck camper, or other similar type unit. Signs. Any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided, however, that the following shall not be included in the application of the regulations herein: a. Signs not exceeding two (2) square feet in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identifications of premises not having commercial connotations. b. Flags and insignia of any government except when displayed in connection with commercial promotion. c. Legal notices, identification, informational, or directional signs erected or required by governmental bodies. d. Signs directing and guiding traffic and parking on public or private property but bearing no advertising matter. e. Warning signs, no trespassing, no hunting and similar signs not to exceed two (2) square feet in area located on the premises. f. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights. g. Temporary signs relating to construction not to exceed sixteen (16) square feet in area. Special Use. A use or structure that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning division or district as special uses, if specific provisions for such special uses are made in this zoning ordinance. Story. That portion of a building other than a cellar included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it. Story, Half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing independent apartment or living quarters shall be counted as a full story. Street. A public or private thoroughfare, which affords the principal means of access to abutting property. Street Line. A dividing line between a lot and a contiguous street.

8 Structure. Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, including but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, fences or pergolas. Structural Alterations. Any change except those required by law or ordinance which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances. Swimming Pool. The term swimming pool shall mean any artificially constructed pool capable of being used for swimming pool or bathing, having a depth of more than two (2) feet at any point. This includes inground swimming pools, hot tubs and spas. (Portable wading pools having depth of less than two (2) feet shall not be considered to be swimming pools. ) Tourist Home. Establishments used for dwelling purposes in which rooms, with or without meals, are offered to transient guests for compensation. Mobile Homes (Manufactured Home). A manufactured (mobile) home is a structure built in a factory to the construction and safety standards established under the authority of 42 United States Code, section If it is proposed to place such a home outside a mobile home park, it shall be converted to real estate under the provisions of section 135D.26 of the Iowa Code. Trailer or Mobile Home Court. An area where one or more trailers can be, or are intended to be, parked, designed or intended to be used as living facilities for one or more families. Variance. A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property, and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height, area, and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district. Yard. An open space, other than a court, on a lot unoccupied and unobstructed from the ground upward, except as otherwise provided in this ordinance. Yard, Front. A yard across the full width of the lot, extending from the front line of the building to the front street line of the lot. Yard, Rear. A yard extending the full width of the lot between a principal building and the rear lot line. Yard, Side. A yard on the same lot with the building between the main building and the adjacent side of the lot, and extending from the front yard to the rear yard thereof. 61-3, DISTRICTS AND BOUNDARIES THEREOF Establishment of Districts Official Zoning Map Adopted Rules for Interpretation of District Boundaries Annexation Zoning Policy Compliance with Regulations DISTRICTS AND BOUNDARIES THEREOF. Establishment of Districts for the purpose of this Ordinance, the following districts are hereby established:

9 R-1 Single-Family Residential District R-2 Two and Multiple-Family Residential District "R-3" Mobile Home Park District C-1 Local Commercial District C-2 General Commercial District M-1 Light Industrial District M-2 Heavy Industrial District OFFICIAL ZONING MAP ADOPTED. The City is hereby divided into districts as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. a. Identification and Location of Zoning Map. The Official Zoning Map shall be identified by the This is to certify that this is the Official Zoning Map referred to in Section 61.3 of Ordinance No. of the City of Tipton, Iowa, together with the date of the adoption of this Ordinance. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the office of the City Clerk shall supersede all other maps and shall be the final authority as to the current zoning status of land and water area, buildings and other structures in the City. b. Amendment of Official Zoning Map. If changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the City Council. The entry on the Official Zoning Map shall specify the date of such amendment and the reference number of the Ordinance thereof and shall be signed by the Mayor and attested by the City Clerk. No amendment to this Ordinance, which involves matter portrayed on the Official Zoning Map, shall become effective until after such change and entry has been made on said map. Any unauthorized change of whatever kind by any person or persons is a violation of this Ordinance and punishable as provided under Section c. Replacement of Official Zoning Map. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council may, by resolution, adopt a new Official Zoning Map, which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such corrections shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. City of Tipton, Iowa." Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to adoption or amendment RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply: a. Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerlines; b. Boundaries indicated, as approximately following platted lot lines shall be construed as following such platted lot lines; c. Boundaries indicated as approximately following city limits shall be construed as following such city limits;

10 d. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks; e. Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines; f. Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 5 above shall be so construed. g. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections 1 through 6 above, the Board of Adjustment shall interpret the district boundaries; h. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map as applied by the Zoning Administrator. i. Where a district boundary line divides a lot, which was in single ownership at the time of passage of this ordinance, the Board of Adjustment may permit, by a special use permit, the extension of the regulations for either portion of the lot not to exceed fifty feet (50') beyond the district line into the remaining portion of the lot ANNEXATION ZONING POLICY. All territory, which may hereafter be annexed, either voluntarily or involuntarily to the City shall be, classified Single-Family Residential District, until otherwise reclassified as provided under Section COMPLIANCE WITH REGULATIONS. The Regulations set by this Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land. Except as hereinafter specifically provided: a. No land shall be used except for a purpose permitted in the district in which it is located. b. No building shall be erected, converted, enlarged, reconstructed, moved, or structurally altered; nor shall any building be used except for a use permitted in the district in which such building is located. c. No building shall be erected, converted, enlarged, reconstructed, structurally altered to exceed the height limit herein established for the district in which such building is located. d. No building shall be erected, or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of this Ordinance. e. The minimum yards, parking spaces, and open spaces, including lot area per family, required by this Ordinance for each and every building existing at the time of passage of this Ordinance or for any building hereafter erected or structurally altered, shall not be encroached upon or considered a part of the yard or parking space or open space required for any other building; nor, shall any lot area be reduced below the requirements of this Ordinance for the district in which such lot is located. f. Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot.

11 61-4, R-1 SINGLE FAMILY AND TWO-FAMILY RESIDENTIAL DISTRICT Intent Principal Permitted Uses Accessory Uses Special Use Permit Planned Unit Development (PUD) Height and Area Regulations Permitted Signs Parking Regulations R-1 Single-Family Restricted District Removed INTENT. The "R-1" DISTRICT is intended to accommodate low-density residential developments. The district shall permit residential development to be integrated with terrain and tree cover with a minimal disruption of natural systems existing in the area PRINCIPAL PERMITTED USES. The following are principal permitted uses in Section 61.4: a. Single-family dwelling. b. Two-family dwelling. c. Agricultural uses such as field crops, truck gardening, berry or bush crops, tree crops, flower gardening, nurseries, orchards, aviaries and apiaries, including a greenhouse but not including a salesroom or roadside stand. d. Publicly owned or operated park, playground or community building, museum, library or art gallery. e. Church or other place of worship or Sunday school. f. Public school, elementary and high, and institutions having a curriculum the same as ordinarily given in public schools. g. Golf club or grounds. A miniature course of practice driving tee operated for commercial purposes is not permitted. h. Home occupation as established in Section ACCESSORY USES. All uses that are customarily incidental to uses permitted in this district may exist provided that the principal use exists and the requirements of Section are met. Other accessory uses permitted include the following: a. Garden and nursery b. Non-commercial greenhouse c. Solar collector d. Wind generator e. Satellite receiving dish f. Tennis court g. Swimming pool. Such pool or lot containing such pool must be fenced to prevent unauthorized use and is subject to the requirements of section I. h. Garage sale or rummage sale. Not more than three (3) such sales shall be permitted in a calendar year

12 i. Automobile repair. An individual residing on the premises may service their own vehicle, but not between the hours of 9 p.m. to 8 a.m. j. Storage of recreational vehicles, trailers and equipment. Front yard storage is not permitted SPECIAL USE PERMIT. The Zoning Board of Adjustment may, by Special Use Permit, authorize the following special exception uses and structures in the "R-1" District, when authorized in accordance with the requirements of Section b. a. Bed and breakfast home as established in Chapter 170A and 170B, Code of Iowa and as provided in Section 61.2 of this Ordinance. b. Historic preservation site or museum. c. Any public or government building. d. Privately operated community building or recreation field. e. Nursing home. f. Hospital or institution; provided, that any hospital or institution permitted in any R-District shall be located on a site of not less than four acres, shall not occupy more than 10 percent of the total lot area and shall be set back from all yard lines at least two feet for each foot of building height. g. Cemetery. h. Funeral home or mortuary. i. Radio or television broadcasting tower or station. j. Commercial, recreational or amusement development for temporary or seasonal periods. k. Business enterprise as established in Section l. Riding stable. m. Tourist camp or mobile home court; provided such tourist or trailer camp shall comply with the provisions of applicable ordinances of the city and the laws of the State of Iowa. n. Airport, landing field, or landing strip for all forms of aircraft, auto racetrack and drag strip. o. Parking lots on land within 300 feet from any commercial, business or industrial district; provided, the following standards are met: 1. Ingress and egress to such lot shall be from a major street or from a street directly serving the commercial or business district. 2. No business involving the repair or service of vehicles, or sale, or display thereof shall be conducted from or upon such parking areas. 3. No structures shall be erected or remain on any portion of the lot except as provided for under item 7 hereof. 4. No signs shall be erected on the parking area except as approved by the City Planning and Zoning Commission.

13 5. Parking areas shall be used for parking patron s private passenger vehicles only and no charge shall be made for parking within such premises. 6. The parking shall be set back in conformity with the established or required yards for residential uses and where a parking area adjoins a dwelling use it shall have a minimum side yard of 10 feet. 7. The parking area shall be suitably screened or fenced paved and drained, lighted and maintained free of debris. p. Temporary buildings used only in conjunction 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 upon completion of the construction work PLANNED UNIT DEVELOPMENT (PUD). The Zoning Board of Adjustment may, by Special Use Permit, authorize the following planned unit developments in the "R-1" District, when authorized in accordance with the requirements of Section a. Nursing home b. Cemetery c. d HEIGHT AND AREA REGULATIONS. The height and area regulations set forth in this Section and Sections and shall be observed. a. Building Height (max.)..2 1/2 story or 35 feet b. Front Yard (mm. set back).25 feet c. Side Yard (mm. set back)... 5 feet d. Rear Yard (mm. set back).. 25 feet e. Lot Area (mm. per family)...6,500 sq.ft. f. Lot Frontage (mm.)...60 feet g. Lot Size (mm.)...6,500 sq.ft. h. Maximum one (1) unattached accessory building over 200 sq. ft under the following conditions. 1. In no case shall the permitted accessory building over 200 sq. ft exceed the lot coverage of the principal building on that zoning lot. 2. Maximum size of 1000 sq. ft. 3. Maximum building height of sixteen (16) feet to the peak of the roof. 4. This regulation shall not be interpreted to prohibit the construction of a 576 sq. ft. garage on a minimum rear yard. 5. Type of construction: All accessory buildings larger than 200 square feet or private garages Located within a residential district shall be constructed in an manner consistent with the residential character of the district. All accessory buildings or private garages located within A residential district shall:

14 A. Have a permanent floor located within the structure consisting of a concrete or asphalt base. Rock or dirt floors shall be prohibited; B. Be constructed with siding commonly used for residential structures. The use of Galvanized steel, painted steel or aluminum sheets as commonly used in agricultural buildings are prohibited. C. Be constructed with a roofing material commonly used for residential structures, Which shall include asphalt or fiberglass shingles or wood shakes. The use of Steel or aluminum roofing materials as commonly found in commercial or agricultural buildings is prohibited. 6. Other provisions as provided under section Permitted Signs. The following signs shall be permitted in the "R-1" District as accessory uses, subject to the following regulations and those contained in Iowa Code Section 657.2(7) provided the principal use exists. a. A church building bulletin board not exceeding 20 square feet in area located on the same lot as the building and not less than 10 feet from any property line. b. A temporary sign pertaining to the lease, hire or sale of a building or premises. Such sign shall not exceed 10 square feet in area, shall be located on the lot so advertised, and shall not be less than 10 feet from any property line Parking Regulations. Off-street parking space shall be provided in accordance with the requirements for specific use set forth in Section R-1 Single-Family Restricted District Removed. All places in the code where the term "R-1" Single Family Restricted District is used shall now be interpreted to mean R-1 Residential District. 61-5, R-2 TWO-FAMILY AND MULTIPLE-FAMILY RESIDENTIAL DISTRICT Intent Principal Permitted Uses Accessory Uses Special Use Permit Planned Unit Development (PUD) Height and Area Regulations Permitted Signs Parking Regulations INTENT. The "R-2" DISTRICT is intended to provide areas for mixed residential developments, including single-family, two-family, and multiple-family dwellings and condominiums PRINCIPAL PERMITTED USES. The following are principal permitted uses in Section 61.5: a. Any use permitted in the R-1 Single-family Residential District. b. Two-family dwelling. c. Multiple-family dwelling and residential condominiums. d. Bed and breakfast Home as established in Chapters 170A and 170B, Code of Iowa and as provided in Section 61.2 of this Ordinance.

15 e. Boarding house when located on an officially designated state highway. f. Bed and breakfast Inn as established in Chapters 170A and 170B, Code of Iowa and as provided in Section 61.2 of this Ordinance when located on an officially designated state highway. g. Medical clinic. h. Religious, educational, eleemosynary institution of a philanthropic nature, but not a penal or mental institution. i. Hospital or sanitarium except a criminal, mental or animal hospital. j. Nursing, rest, or convalescent home. k. Private club, fraternity, sorority or lodge, excepting one of the chief activity of which is a service customarily carried on as a business ACCESSORY USES. All uses that are customarily incidental to uses permitted in this district may exist provided that the principal use exists and the requirements of Section are met. Other accessory uses permitted include the following: a. Garden and nursery b. Non-commercial greenhouse c. Solar collector d. Wind generator e. Satellite receiving dish f. Tennis court g. Swimming pool. Such pool or lot containing such pool must be fenced to prevent unauthorized use and is subject to the requirements of section I. h. Garage sale or rummage sale. Not more than three (3) such sales shall be permitted in a calendar year with not more than three (3) consecutive days per sale. i. Automobile repair. An individual residing on the premises may service their own vehicle, but not between the hours of 9 p.m. and 8 a.m. j. Storage of recreational vehicles, trailers and equipment. Front yard storage is not permitted SPECIAL USE PERMIT. The Zoning Board of Adjustment may, by Special Use Permit, authorize the following special exception uses and structures in the R-2 District, when authorized in accordance with the requirements of Section b. a. Bed and breakfast home as established in Chapter 170A and 170B, Code of Iowa and as provided in Section 61.2 of this Ordinance. b. Historic preservation site or museum. c. Any public or government building.

16 d. Privately operated community building or recreation field. e. Nursing home. f. Hospital or institution; provided, that any hospital or institution permitted in any R-District shall be located on a site of not less than four acres, shall not occupy more than 10 percent of the total lot area and shall be set back from all yard lines at least two feet for each foot of building height. g. Cemetery. h. Funeral home or mortuary. i. Radio or television broadcasting tower or station. j. Commercial, recreational or amusement development for temporary or seasonal periods. k. Business enterprise as established in Section l. Riding stable. m. Tourist camp or mobile home court; provided such tourist or trailer camp shall comply with the provisions of applicable ordinances of the city and the laws of the State of Iowa. n. Airport, landing field, or landing strip for all forms of aircraft, auto racetrack and drag strip. o. Parking lots on land within 300 feet from any commercial, business or industrial district; provided, the following standards are met: 1. Ingress and egress to such lot shall be from a major street or from a street directly serving the commercial or business district. 2. No business involving the repair or service of vehicles, or sale, or display thereof shall be conducted from or upon such parking areas. 3. No structures shall be erected or remain on any portion of the lot except as provided for under item 7 hereof. 4. No signs shall be erected on the parking area except as approved by the City Planning arid Zoning Commission. 5. Parking areas shall be used for parking patron private passenger vehicles only and no charge shall be made for parking within such premises. 6. The parking shall be set back in conformity with the established or required yards for residential uses and where a parking area adjoins a dwelling use it shall have a minimum side yard of 10 feet. 7. The parking area shall be suitably screened or fenced, paved and drained, lighted and maintained free of debris. p. Temporary buildings used only in conjunction 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 upon completion of the construction work.

17 PLANNED UNIT DEVELOPMENT (PUD). The Zoning Board of Adjustment may, by Special Use Permit, authorize the following planned unit developments in the "R-2" District, when authorized in accordance with the requirements of Section a. Two-family dwellings b. Multiple-family dwellings c. Residential condominiums d. Nursing home e. Cemetery HEIGHT AND AREA REGULATIONS. The height and area regulations set forth in this Section and Sections and shall be observed. a. Building Height (max.).. 3 stories or 45 feet b. Front Yard (mm. set back). 25 feet c. Side Yard (mm. set back (see below) Buildings less than three stories 5 feet Buildings with three stories.. For each story above three add. 10 feet 1 foot d. Rear Yard (mm. set back).. 25 feet e. Lot Area (mm. per family).(see below) Single-family 6,000 sq.ft. Two-family..6,000 sq.ft. mm per family 3,000 sq.ft Multi-family 7,000 sq.ft. mm 4,000 SF plus 1,000 SF per family f. Lot frontage (mm) 50 feet g. Maximum on (1) unattached accessory building over 200 sq. ft under the following conditions. 1. In no case shall the permitted accessory building over 200 sq. ft exceed the lot coverage of the principal building on that zoning lot. 2. Maximum size of 1000 sq. ft. 3. Maximum building height of sixteen (16) feet to the peak of the roof. 4. This regulation shall not be interpreted to prohibit the construction of a 576 sq. ft. garage on a minimum rear yard. 5. Type of construction: All accessory buildings larger than 200 square feet or private garages Located within a residential district shall be constructed in an manner consistent with the residential character of the district. All accessory buildings or private garages located within A residential district shall:

18 C. Have a permanent floor located within the structure consisting of a concrete or asphalt base. Rock or dirt floors shall be prohibited; D. Be constructed with siding commonly used for residential structures. The use of Galvanized steel, painted steel or aluminum sheets as commonly used in agricultural buildings are prohibited. C. Be constructed with a roofing material commonly used for residential structures, Which shall include asphalt or fiberglass shingles or wood shakes. The use of Steel or aluminum roofing materials as commonly found in commercial or agricultural buildings is prohibited. 6. Other provisions as provided under section PERMITTED SIGNS. The following signs shall be permitted in the R-2 District as accessory uses, subject to the following regulations and those contained in Section 657.2(7) of the Code of Iowa (1995A.A.), provided the principal use exists. a. Nameplate not exceeding five square feet in area attached to the wall at the entrance to be lighted with only indirect non-intermittent light PARKING REGULATIONS. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section Intent Principal Permitted Uses Accessory Uses Special Use Permit Planned Unit Development (PUD) Height and Area Regulation Permitted Signs 61-6, R-3 MOBILE HOME PARK DISTRICT INTENT. The "R-3 DISTRICT is intended to provide areas for mobile homes and mobile home parks while protecting the public health, safety and welfare PRINCIPAL PERMITTED USES. The following are principal permitted uses in Section a. Mobile home Park as provided for in Section (11). b. Any uses permitted in the R-2 Districts ACCESSORY USES. All uses that are customarily incidental to uses permitted in this district may exist provided that the principal use exists and the requirements of Section are met. Any accessory structure shall not obstruct required openings for light and ventilation and shall not prevent inspection of mobile home equipment and ventilation. Other accessory uses permitted include the following: a. Managers office and residence. b. Community centers. c. Recreation facilities. d. Laundry facilities.