Chapter 8-Ground Floor Dwellings

5-8-1 DEFINITIONS
5-8-2 GROUND FLOOR DWELLINGS PROHIBITED

5-8-1 DEFINITIONS. For use within this Chapter, the following terms shall
have the meanings set forth herein.

1. “Dwelling” shall be defined as a building or portion of a building which is arranged, occupied or intended to be occupied for residential purposes.

2. “Ground floor dwelling” shall be defined as any dwelling located at street level or on the first floor of a commercial building.

3. “Commercial building” shall be defined as a building utilized for retail sale of goods or other business purposes, or arranged or intended for use for the retail sale of goods or other business purposes, on the effective date of this Ordinance.

4. “Commercial zone” shall be defined as follows:

The east and west sides of Main Street from Quarry Street to Maple Street; and

The north and south sides of Platt Street from Niagara Street to Olive Street

5-8-2 GROUND FLOOR DWELLINGS PROHIBITED. It shall be unlawful to
construct, rent, lease or occupy a ground floor dwelling within the commercial zone.
(Ord. 1074, 10-05-09)

Chapter 7-Regulation of Adult Entertainment Establishments

5-7-1 PURPOSE AND GENERAL OBJECTIVES
5-7-2 DEFINITIONS
5-7-3 RESTRICTIONS ON LOCATION OF ADULT MOVIE THEATERS, ADULT
BOOKSTORES AND ADULT ENTERTAINMENT FACILITIES

5-7-1 PURPOSE AND GENERAL OBJECTIVES.

In adopting this Chapter, it is recognized that adult entertainment establishments have certain objectionable side effects which render those adult facilities incompatible with residential and family-oriented uses when the adult establishments are located directly adjacent to such uses. This ordinance seeks to ensure that residential and family-oriented uses, and adult entertainment establishments, will be located in separate and compatible locations. It is a subject of legitimate concern for the City to use its zoning powers to preserve the quality of life, preserve the City’s neighborhoods, and to effectively meet the increasing encroachments of urbanization upon the quality of life within the City.

5-7-2 DEFINITIONS. As used in this Chapter, the following terms shall have the following meanings:

1. Adult movie theater. An enclosed building used for presenting motion picture films, DVDs, videocassettes, cable television, or any other visual media, distinguished or characterized by emphasis on matter depicting, describing, or relating to “specific sexual activities” or “specified anatomical areas” as described below, for observation by persons therein. For purposes of this section, the size and description of the viewing room shall not affect characterization of the building as a theater; however, nothing in this section shall be deemed to regulate the viewing habits of persons in the privacy of their homes.

2. Adult bookstore. A retail store for the sale, rental, or exchange of books, magazines, videocassettes, or DVDs, distinguished or characterized by primary emphasis on matter depicting, describing or relating to “specific sexual activities” or “specified anatomical areas” as defined below. Adult bookstores do not include businesses which sell, rent or exchange such videocassettes or DVDs as a sidelight or adjunct to sales or rental of videocassettes or DVDs not relating to “specific sexual activities” or “specified anatomical areas.”

3. Adult entertainment facility. A building in which:

a. Entertainers routinely remove all or portions of their clothing as a part of their performance, regardless of whether the business has a license to sell alcohol; or

b. Entertainers allow patrons to observe “specific sexual activities” or “specified anatomical areas” involving such entertainers.

c. For the purpose of this section, an entertainer shall be a person who either works as an employee of the business, is an agent of the business, or is an independent contractor who has been hired or is allowed by the business to perform for the apparent pleasure or gratification of the patron.

d. Examples of adult entertainment facilities would include, but not be limited to, gentlemen’s clubs, strip bars, “full-nudity” juice bars, and nude modeling clubs.

4. Specific sexual activities. “Specific sexual activities” means:

a. Human genitals in a state of sexual stimulation or arousal;

b. Acts of actual or simulated human masturbation, sexual intercourse or sodomy;

c. Fondling or other touching of human genitals, pubic region, buttock or female breast; and

d. Minors engaged in a prohibited sexual act or simulation of a prohibited sexual act.

5. Specified anatomical areas. “Specified anatomical areas” means:

a. Less than completely and opaquely covered human genitals, human buttocks, or human female breast below a point immediately above the top of the areola; and

b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

5-7-3 RESTRICTIONS ON LOCATION OF ADULT MOVIE THEATERS, ADULT BOOKSTORES AND ADULT ENTERTAINMENT FACILITIES.

1. Adult movie theaters, adult bookstores and adult entertainment facilities are prohibited in any B-1, R-1, R-2, R-3 and residential PUD zones.

2. No adult movie theater, adult bookstore or adult entertainment facility shall be located within five hundred (500) feet of any other adult movie theater, adult bookstore, or adult entertainment facility.

(Ord. No. 1053, 03-17-08)

Chapter 6-Storm Water Management

5-6-1 PURPOSE AND GENERAL OBJECTIVES
5-6-2 DEFINITIONS
5-6-3 EXEMPTIONS
5-6-4 APPLICATION
5-6-5 STORM WATER MANAGEMENT REQUIREMENTS
5-6-6 FEES ESTABLISHED

5-6-1 PURPOSE AND GENERAL OBJECTIVES.

1. It is the purpose of the Chapter to establish policies to comprehensively manage and control storm water runoff in a safe and economical manner in developing areas for the purpose of promoting the health, safety and general welfare of the population, and for the protection of property.

2. It is also the intent of this Chapter to provide for storm water storage within the city where detention basin facilities have been determined to be beneficial in reducing the peak runoff to subservient lands.

3. Requirements shall be established by this Chapter in an effort to manage storm water runoff from development sites. Except as exempted in this chapter, a storm water management plan, as set forth herein, will be required as part of proposed development activities.

4. It is a further purpose of this Chapter to adopt engineering methods and techniques for estimating storm water runoff which can be updated as technology improves, and to systematically monitor the effectiveness of the storm water management program.

5-6-2 DEFINITIONS.

Whenever used in this Chapter and printed with an initial capital letter, the terms listed below will have the meanings indicated. Words using the present tense shall include the future; the singular shall include the plural; the plural shall include the singular; the masculine gender shall include the feminine. The term “shall” is always mandatory, and the term “may” is permissive.

1. Capacity of a Storm Water Facility. The maximum volume or rate of conveyance available in a Storm Water Management Facility, including freeboard, to store or convey storm water without damage to public or private property.

2. City. The City of Maquoketa, Iowa.

3. City Manager. The city manager of Maquoketa, Iowa.

4. City Council. The City Council of Maquoketa, Iowa.

5. City Engineer. The engineer designated by the City Council to review a Storm Water Management Plan.

6. Civil Engineer. A professional engineer licensed in the State of Iowa to practice in the field of civil works.

7. Control Structure. That part of a Storm Water Management Facility designated to regulate the Storm Water Runoff Release Rate.

8. Detention Basin. A Storm Water Management Facility designed, constructed or modified to provide short term storage of Storm Water Runoff, which reduces the peak outflow to a rate less than the peak inflow.

9. Development. Either: (1) the subdivision of real estate as defined in section 5-3-5(40); (2) any improvement, development or redevelopment of a site one-half acre or larger; or (3) the improvement, development or redevelopment of an area greater than five thousand square feet if it is located in the B-2 Central Business District as defined in section 5-1G-1 of the City of Maquoketa Code of Ordinances.

10. Drainage Area. An area of land contributing to Storm Water Runoff.

11. Site. A lot, parcel, or tract of land, or portion thereof, where development is occurring or has occurred.

12. Storm Sewer System. Facilities for the conveyance of Storm Water Runoff, typically a series of conduits and appurtenances, to accommodate frequent storms not generating large peak discharges. These facilities usually include conduits, street gutters and swales.

13. Storm Water Management Facilities. Any buildings, structures, Detention Basins or other facilities for the management of Storm Water Runoff as required by a Storm Water Management Plan.

13. Storm Water Management Plan. A site plan, certified by a Civil Engineer, including materials, construction phasing, grading activities, and methods used for mitigation of increased storm water runoff from a Site.

14. Storm Water Runoff. The flow of water resulting from precipitation upon a surface area, not absorbed by the soil or plant material.

15. Storm Water Runoff Release Rate. The amount of Storm Water Runoff discharged from dominant land to servient land. Elevation shall determine which land is dominant and which is servient.

5-6-3 EXEMPTIONS.

The following are exempt from the requirements of this Chapter:

1. Agricultural use of land.

2. Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards.

3. Land within flood plain areas as designated in the Federal Emergency Management Agency maps in effect at the time of development, or determined to be in a flood plain by the City Engineer at the time of development.

4. Areas where it is otherwise demonstrated that the proposed development will not produce any significant change to the existing pre-application hydrology; except that this exemption shall not be available for property located in the B-2 Central Business District as defined in section 5-1G-1 of the City of Maquoketa Code of Ordinances.

4. Areas deemed appropriate by the City Engineer.

5-6-4 APPLICATION.

1. The requirements of this Chapter shall apply to all Development within the City.

2. Storm Water Detention Basins intended to serve single family or multi-family residential developments shall be constructed by a developer and shall be privately owned and maintained following their inspection and acceptance by the City, unless otherwise approved by the City.

3. Storm Water Detention Basins intended to serve commercial development shall be constructed by a developer and shall be privately owned and maintained unless otherwise approved by the City.

5-6-5 STORM WATER MANAGEMENT REQUIREMENTS.

1. For purposes of obtaining approval of a Storm Water Management Plan, a plan for the site shall be submitted to the City Manager for review and approval by the City Engineer. All design criteria and plan details shall be in conformance with generally recognized engineering principles and the Maquoketa Storm Water Management Policy.

2. Construction of Storm Water Management Facilities shall be in conformance with the approved Storm Water Management Plan for the site.

3. The Storm Water Management Plan, including on-site water detention facilities, shall be reviewed and approved by the City Engineer prior to the issuance of building permits for the site. The improvements shall be constructed prior to occupancy. The requirements of this paragraph may be deferred at the discretion of the City.

4. For sites on which privately owned and maintained storm water detention and/or conveyance facilities are located, the property owner shall be responsible for the following:

a. All future grading, repairs, and maintenance.

b. Maintenance of the minimum storm water detention volume, as approved by the City Engineer.

c. Maintenance of the Detention Basin control structure(s) and discharge pipe(s) to insure the maximum theoretical Storm Water Runoff Release Rate, as approved by the City Engineer, is not increased.

5. The City Council may require the formation of a property owner’s association to assume responsibility for Storm Water Management Facilities.

6. The property owner shall place no fill material, nor erect any buildings, obstructions, or other improvements on the area reserved for storm water detention purposes, unless approved otherwise by the City Engineer.

7. The City Council may, in its discretion, require the property owner to dedicate to the City of Maquoketa, Iowa, by instrument or final platting, any property on which public Storm Water Detention Basins will be located. Ingress-egress easements for maintenance of public facilities shall be provided prior to final plat approval.

8. The City Engineer may inspect any public or private Site at any time to determine compliance with these regulations. If deemed necessary by the City Engineer, the property owner shall provide certification by a Civil Engineer verifying the minimum storm water detention volume and the maximum theoretical Storm Water Runoff Release Rate, as required by section 5-6-5(4), are in conformance with the approved design.

9. Upon determination that a site is not in compliance with these regulations, the City Manager may issue an order to comply. The order shall describe the problem and specify a date by which compliance must be achieved. The City may pursue all legal and equitable remedies available in the event of noncompliance by the deadline contained in such a notice, which remedies may include, but not be limited to, a municipal infraction. The City’s remedies may be cumulative.

10. Except as provided in this Chapter, no person shall engage in construction of Storm Water Management Facilities unless a Storm Water Management Plan has been reviewed and approved by the City Engineer.

5-6-6 FEES ESTABLISHED.

For any development, a storm water plan fee shall be charged which shall be calculated to reimburse the city for all costs associated with the review and approval of the developer’s Storm Water Management Plan, including, but not limited to, expenses for the City Engineer, City Attorney and the reasonable cost of city staff time devoted to review and approval of the Storm Water Management Plan and construction of the required Storm Water Management Facilities.

(Ord. 1008, 10-3-05)

Chapter 5-Industrial Park Covenants

5-5-1 INDUSTRIAL PARK BOUNDARIES
5-5-2 DEVELOPMENT AND PLANNING
5-5-3 OUTSIDE AREAS
5-5-4 PARKING AND DOCKAGE
5-5-5 UTILITIES
5-5-6 NUISANCES AND HAZARDS
5-5-7 SIGNS

Any parcel of property located in the following described real estate, known as the Second
Industrial Park and described as:

Parcel I:

The Northeast Quarter of the Northeast Quarter of Section 30, Township 84 North, Range 3 East of the 5th Principal Meridian, Jackson County, Iowa, excepting therefrom the Northerly 60 feet thereof.

Parcel II:

The Southerly 644.6 feet of the Southeast Quarter of the Southeast Quarter of Section 19, Township 84 North, Range 3 East of the 5th Principal Meridian, Jackson County, Iowa, excepting therefrom the following:

The Southerly 60 feet of said Southeast Quarter of the Southeast Quarter of said
Section 19.

The Easterly 60 feet of the Southerly 644.6 feet of said Southeast Quarter of the Southeast Quarter of said Section 19.

A triangular shaped portion of said Southeast Quarter of said Section 19, more particularly described as follows: Beginning at the Southeast corner of said Southeast Quarter, thence Northerly along the Easterly line thereof a distance of 230 feet, thence Southwesterly to a point on the Southerly line of said Southeast Quarter, said point being 230 feet Westerly of said Southeast corner, thence Easterly along said Southerly line a distance of 230 feet to the point of beginning, excepting the Southerly 60 feet and the Easterly 60 feet thereof, containing 0.14 of an acre, more or less.

Parcel III:

All that part of the following described real estate:

Commencing at the Southeast Corner of the Southwest Quarter of the Southeast Quarter of said Section 19. Township 84 North, Range 3 East of the 5th Principal Meridian, Jackson County, Iowa, and running thence north 80 rods, thence West 420 feet, thence South 600 feet, thence in a Southeasterly direction along the line of the Davenport and St. Paul Railroad (later known as Chicago, Milwaukee, St. Paul and Pacific Railroad) to the South Line of said Section 19, thence East 170 feet to the place of beginning.

Lying and being located South of the South line of one certain easement for railroad track and utility purposes dated May 11, 1963, and recorded in Book I, Page 333, Office of the Recorder of Jackson County, Iowa, and subsequently assigned to the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, by instrument dated January 13, 1964, and recorded in Book J, Page 364, Office of the Recorder aforesaid.

Excepting therefrom all that part of the Southerly 60 feet of said Southwest Quarter of the Southeast Quarter of said Section 19, which lies East of the right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad.

shall be subject to restrictive covenants listed in this Chapter.

5-5-2 DEVELOPMENT AND PLANNING

1.) Approval of Plans.

Before commencing the construction or alteration of any buildings, enclosures, fences, loading docks, parking facilities, storage yards, or any other structures or permanent improvements on or to any site or lot, the property owner shall first submit site plans and plans and specifications thereof to the City of Maquoketa for its written approval. In the event that the City shall fail to approve or disapprove such building plans, specifications, and site plans within ten (10) days after they have been submitted to it, such approval shall not be required and this covenant will be deemed to have been complied with.

2.) Replatting or Subdividing

The owner of any lot or parcel within this development shal1 never at any time, replat, subdivide, or resubdivide any lot into a smaller lot or parcel or in any other manner change this plat without first obtaining the prior written approval of the City.

3.) Operations within Enclosed Buildings

All operations and activities shall be conducted or maintained within completely enclosed buildings except:

a. Off-street parking and loading spaces
b. Employee recreational facilities
c. Outdoor exterior storage

4.) Time for Construction/Repurchase

Any purchaser of real estate in this subdivision or a purchaser’s successor in interest shall begin good faith construction of a permanent building within two years from the date title is transferred to the purchaser. If such good faith construction is not started within said period, the City of Maquoketa shall have the right to repurchase the real estate for the purchase price paid by the initial purchaser and the purchaser or the purchaser’s successor in interest shall execute all instruments necessary to re-convey the property to the City. The City may agree in writing to extend the time construction is to commence upon written application of the purchaser or the purchaser’s successor in interest.

5.) Land Area Coverage

The following chart sets forth the maximum and minimum land area coverage for various lot sizes.

Maximum percentage of total lot area available for lot area coverage by building related features. Combined maximum
percentage of lot area
available for land area
coverage by building and
vehicle related features. Minimum percentage of total lot area to be left open, without construction of any kind.

TOTAL
LOT AREA
0 to 5 Acres 50% 60% 40%
5.01 to 10.00 55% 65% 35%
10.01 to 20 Acres 60% 70% 30%

5-5-3 OUTSIDE AREAS

1.) Landscaping

All property shall be properly landscaped and maintained in a park-like, well-kept condition with suitable shrubs, trees and/or ground cover. The areas created by observance of setback requirements shall be landscaped or used for green areas.

2.) Outside Storage

Outside open storage is allowed in the side or rear yard when the area is properly screened from view from all sides by means of an opaque fence or wall, minimum of 6 feet high, or to a height at least equal to the materials or equipment stored, whichever is greater. Such storage shall be confined to locations in the rear or at the side of said building and behind the front line of said building as extended and shall be constructed within the applicable setback lines, as outlined in the City of Maquoketa Zoning Ordinance, Subchapter 1K, as amended.

3.) Maintenance of Undeveloped Areas

That portion of each tract that is not improved with buildings, parking facilities, loading facilities, and lawn areas shall be seeded to a cover planting which grows to a height not to exceed approximately eighteen (18) inches, and at all times shall be attractively maintained. No part of any of the land area shall be planted in cultivated row crops.

4.) Maintenance of Developed Areas

No building or structure above ground shall extend beyond the building lines prescribed above and it is hereby declared that the yards or areas created by the observance of the building or setback lines established in the Maquoketa Zoning Ordinance, Subchapter 1K, may be used or developed either for attractive open landscape and green areas or for off-street, dust-free, stabilized parking areas. All landscaping shall be properly maintained in a sightly and well-kept condition. Parking areas shall be likewise maintained in a sightly and well-kept condition. Materials may be stored outside in setback areas in accordance with 5-5-3-(2)

5.) Waste

No garbage or decomposible animal or vegetable waste shall be placed in storage upon any lot or tract except in tightly covered metal or plastic containers. All of the refuse shall be placed in containers or enclosures in a manner not constituting a nuisance by reason of wind-litter, disorderly appearance, or abnormal fire hazards. The owners shall be responsible for the removal of garbage and other refuse from the premises at least once a week.

6.) Fences

All fencing or screening, for security or for other purposes, shall be attractive in appearance and shall be of all metal industrial type or galvanized or nonferrous material. No fence, masonry wall, hedge, or mass planting shall be permitted to extend beyond the building setback lines as set forth above except with the prior written approval of the City.

5-5-4 PARKING AND DOCKAGE

1.) Building Construction

The outside walls of all buildings shall be of masonry construction or pre-engineered metal buildings and/or their equivalent attractively erected and painted. Attractive appearance and durability shall be used as criteria by the City in judging equivalency. Building construction and design shall be used to create a structure with four (4) attractive sides of high quality, rather than place all emphasis on the front elevation of the building while neglecting or downgrading the aesthetic appeal of the side and rear elevations of the building.

2.) Docks

It is contemplated that truck loading docks will be installed at each building in such location and in such quantity to permit trucks to load and unload or to wait to do so without hindering traffic upon public or park streets. No curb cut or entrance shall be constructed within 75 feet of the nearest intersection. The radii of curb cuts shall not be less than 25 feet.

3.) Parking

The owner or user of any building site or lot shall provide for adequate stabilized, dust-free parking for employees. This parking area shall be located upon the owner’s or user’s lot or building site. Similar off-street parking spaces for visitors shall also be provided upon said lot or site.

5-5-5 UTILITIES

1.) Stormwater

The area of watersheds after development shall remain the same as pre-development watersheds. Individual site grading plans will be developed to assure proper control of storm water. Such plans will be submitted to the City for approval as part of the building plan.

2.) Easement

Easements may be used for the construction, installation, maintenance and location of underground electric or communication cables, storm sewage or sanitation sewers, pipe line for supplying gas, water, or heat, including mains and service pipes.

The purchasers of lots and tracts within this development shall at their own cost and expense keep and preserve that portion of the easement and right-of-way within their property lines at all times in good condition of repair and maintenance.

3.) Sewer Discharge

No occupant of the Industrial Park shall discharge a volume of sanitary sewage greater than five thousand gallons per day for each acre of the property owned by such occupant without the expressed written consent of the City. Sewage discharge of other than domestic waste, or of volumes in excess of five thousand gallons per acre per day, or of EPA or DNR controlled substances may be made only with written permission of the City of Maquoketa.

5-5-6 NUISANCES AND HAZARDS

1.) No occupant of the Property shall manufacture, process, produce, handle or store any product or item or engage in any activity which shall at any time produce or possess the potential to produce a nuisance or hazard, beyond the limits of the lot, to the public health, safety, or welfare. All users shall operate in conformance with the limitations set forth in the City of Maquoketa Ordinances, State of Iowa laws and rules, and federal laws and regulations, whichever is more restrictive.

2.) General Restrictions

No noxious or offensive trade or activity shall be carried on, nor shall anything be done thereon which may be or may become an unreasonable annoyance or nuisance to the said Maquoketa Industrial Park hereby restricted, or the surrounding area, whether said annoyance or nuisance be by reason of unsightliness or the excessive vibration, glare and heat, noise, fire hazards or industrial wastes.

3.) In Addition

Auto wrecking, salvage yards, used materials yards, storage or baling of waste or scrap paper, rags, scrap metals, bottles or junk, shall not be permitted except as they may become necessary as an incident of a permissible use of the premises.

5-5-7 SIGNS

No billboards or advertising signs other than those identifying the name, business and product of the person or firm occupying the premises shall be permitted. In addition to the above, one sign not exceeding 10 X 20 feet in area advertising the premises for sale or rent, and accessory signs giving directions for the delivery of goods, parking, etc., may be erected.
(Ord., 758, 8-5-91)

Chapter 4-Airport Zoning Regulations

5-4-1 SHORT TITLE
5-4-2 DEFINITIONS
5-4-3 AIRPORT ZONES AND AIRSPACE HEIGHT LIMITATION
5-4-4 USE REGISTRATION
5-4-5 LIGHTING
5-4-6 VARIANCES
5-4-7 JUDICIAL REVIEW
5-4-8 ADMINISTRATIVE AGENCY
5-4-9 PENALTIES

5-4-1 SHORT TITLE: This Ordinance shall be known and may be cited as “’The Maquoketa Municipal Airport Height Zoning Ordinance.”

5-4-2 DEFINITIONS. As used in this Ordinance unless the context otherwise requires:

AIRPORT: The Maquoketa Municipal Airport.

AIRPORT ELEVATION: The highest point of an airport’s usable landing area measured in feet above mean sea level, which elevation is established to be seven hundred seventy feet (770′).

AIRPORT HAZARD: Any structure or tree or use of land which would exceed the Federal obstruction standards as contained in fourteen (14) Code of Federal regulations sections seventy seven point twenty one (77.21), seventy seven point twenty three (77.23) and seventy seven point twenty five (77.25) as revised March 4, 1972, and which obstruct the airspace required for the flight of aircraft and landing and takeoff at an airport or is otherwise hazardous to such landing or taking off of aircraft.

AIRPORT PRIMARY SURFACE: A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet (200′) beyond each end of that runway. The width of the primary surface of a runway will be that width prescribed in each part of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

AIRSPACE HEIGHT: For the purpose of determining the height limits in all zones set forth in this Ordinance and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.

CONTROL ZONE: Airspace extending upward from the surface of the earth which may include one or more airports and is normally a circular area of five (5) statute miles in radius, with extensions where necessary to include instrument approach and departure paths.

INSTRUMENT RUNWAY: A runway having an existing instrument approach procedure utilizing air navigation facilities or area type navigation equipment, for which an instrument approach procedure has been approved or planned.

MINIMUM DESCENT ALTITUDE: The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circle-to-land maneuvering in execution of a standard instrument approach procedure, where no electronic glide slope is provided.

MINIMUM ENROUTE ALTITUDE: The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes.

MINIMUM OBSTRUCTION CLEARANCE ALTITUDE: The specified altitude in effect between radio fixes on VOR airways, off-airway routes, or route segments which meets obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage only within twenty two (22) miles of a VOR.

RUNWAY: A defined area on an airport prepared for landing and takeoff of aircraft along its length.

VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on a FAA approved airport layout plan, a military services approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.

5-4-3 AIRPORT ZONES AND AIRSPACE HEIGHT LIMITATION. In order to carry out the provisions of this Section, there are hereby created and established certain zones which are depicted on the Maquoketa Municipal Airport Height Zoning Map. A structure located in more than one zone of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

Airport Height Zones:

1. Horizontal Zone. The land lying under a horizontal plane one hundred fifty feet (150′) above the established airport elevation, the perimeter of which is constructed by:

1. Swinging arcs of five thousand feet (5,000′) radii from the center of each end of the primary surface of runway(s) fifteen (15) and thirty-three (33), and connecting the adjacent arcs by lines tangent to those arcs.

No structure shall exceed one hundred fifty feet (150′) above the established airport elevation in the Horizontal Zone, as depicted on the Maquoketa Municipal Airport Height Zoning Map.

2. Conical Zone: The land lying under a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20 to 1) for a horizontal distance of four thousand feet (4,000′). No structure shall penetrate the conical surface in the Conical Zone, as depicted on the Maquoketa Municipal Airport Height Zoning Map.

3. Approach Zone: The land lying under a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface (NOTE: An approach surface is applied to each end of the runway based upon the type of approach available or planned for that runway end).

a.) The inner edge of the approach surface is:

a.) Five hundred feet (500′) wide for Runways 15 and 33.

b.) The outer edge of the Approach Zone is:

a.) One thousand five hundred feet (1,500′) for Runway 15.

b.) Two thousand feet (2,000′) for Runway 33.

c.) The Approach Zone extends for a horizontal distance of:

a.) Five thousand feet (5,000′) at a slope of twenty to one (20 to 1)
for Runway 15.

b.) Five thousand feet (5,000′) at a slope of twenty to one (20 to 1)
for Runway 33.

4. No structure shall exceed the approach surface to any runway, as depicted
on the Maquoketa Municipal Airport Height Zoning Map.

5. Transitional Zone: The land lying under those surfaces extending outward
and upward at right angles to the runway centerline and the runway centerline
extended at a slope of seven to one (7 to 1) from the sides of the primary surface
and from the sides of the approach surfaces.

No structure shall exceed the transitional surface, as depicted on the Maquoketa Municipal Airport Height Zoning Map.

6. No structure shall be erected in Jackson County that raises the published minimum descent altitude for an instrument approach to any runway, nor shall any structure be erected that causes the minimum obstruction clearance altitude or minimum enroute altitude to be increased on any Federal airway in Jackson County.

5-4-4 USE RESTRICTIONS: Notwithstanding any other provisions of Section 6-8-13 no use may be made of land or water within Jackson County or the City of Maquoketa in such manner as to interfere with the operation of any airborne aircraft. The following special requirements shall apply to each permitted use:

1. All lights or illumination used in conjunction with street, parking, signs or use land and structures shall be arranged and operated in such a manner that is not misleading or dangerous to aircraft operating from the Maquoketa Municipal Airport or in the vicinity thereof.

2. No operations from any use shall produce smoke, glare or other visual hazards within three (3) statute miles of any usable runway of the Maquoketa Municipal Airport.

3. No Operations from any use in the City of Maquoketa or Jackson County shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.

5-4-5 LIGHTING:

1. Notwithstanding the provisions of Section 6-18-4, the owner of any structure over two hundred feet (200′) above ground level must install on the structure lighting in accordance with Federal Aviation Administration (FAA), Advisory Circular 70-7460-ID and amendments.

2. Additionally any structure, constructed after the effective date of this Ordinance and exceeding nine hundred forty-nine feet (949′) above ground level, must install on that structure high intensity white obstruction lights in accordance with Chapter 6 of FAA Advisory Circular 7460-ID and amendments.

3. Any permit or variance granted may be so conditioned as to require the owner of the structure or growth in question to permit the City of Maquoketa at its own expense to install, operate and maintain thereto such markers of lights as may be necessary to indicate to pilots the presence of an airspace hazard.

5-4-6 VARIANCE: Any person desiring to erect or increase the height of any structure, or to permit the growth of any tree, or otherwise use his/her property in violation of any section of this Ordinance, may apply to the Board of Adjustment for variance from such regulations. No application for variance to the requirements of this Ordinance may be considered by the Board of Adjustment unless a copy of the application has been submitted to the Maquoketa Airport Board for their opinion as to the aeronautical effects of such a variance. If the Maquoketa Airport Board Manager does not respond to the Board of Adjustment within fifteen (15) days from receipt of the copy of the application, the Board may make its decision to grant or deny the variance.

5-4-7 JUDICIAL REVIEW: Any person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment, may appeal to the Court of Record as provided in Iowa Statutes, Section 414.15.

5-4-8 ADMINISTRATIVE AGENCY: It shall be the duty of the Maquoketa Airport Board to administer the regulation prescribed herein. Applications for permits and variances shall be made to the Maquoketa Airport Board upon a form furnished by them. Applications required by this Ordinance to be submitted to the Administrative Agency shall be promptly considered and granted or denied. Application for action by the Board of Adjustment shall be forthwith transmitted by the Maquoketa Airport Board.

5-4-9 PENALTIES: Each violation of this Ordinance or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor, and be punishable by a fine of not more than one hundred dollars ($100.00) or imprisonment for not more than one (1) year or both; and each day a violation continues to exist shall constitute a separate offense.

Chapter 3-Subdivisions

5-3-1 SHORT TITLE
5-3-2 PURPOSE
5-3-3 APPLICATION
5-3-4 APPROVALS
5-3-5 DEFINITIONS
5-3-6 SUBDIVISIONS CLASSIFIED
5-3-7 STAFF REVIEW OF SIMPLE SUBDIVISIONS
5-3-8 PLANNING CONFERENCE
5-3-9 PRELIMINARY PLAT – FILING – CONTENT
5-3-10 PRELIMINARY PLAT – REVIEW AND APPROVAL
5-3-11 COMMERCIAL OR INDUSTRIAL SUBDIVISIONS
5-3-12 FINAL PLAT – FILING – CONTENT AND ATTACHMENTS
5-3-13 FINAL PLAT – REVIEW AND APPROVAL
5-3-14 IMPROVEMENT GUARANTEES
5-3-15 INSTALLATION OF IMPROVEMENTS
5-3-16 SUBDIVISION DESIGN STANDARDS
5-3-17 BLOCKS AND LOTS
5-3-18 STREETS
5-3-19 EASEMENTS AND UTILITIES
5-3-20 CURBS
5-3-21 SIDEWALKS
5-3-22 PLANNED UNIT DEVELOPMENTS

5-3-1 SHORT TITLE.

This Ordinance shall be known as and may be cited as the “Subdivision Ordinance of the City of Maquoketa, Iowa.”

5-3-2 PURPOSE.

The purpose of this Ordinance is to provide minimum standards for the design, development and improvements for all new subdivisions and re-subdivisions of land; to protect existing land uses; to provide for the regulation and control of the extension of public improvements, public services, and utilities; to insure that growth occurs in an orderly manner, consistent with the City’s Comprehensive Plan as amended; and to promote the public health, safety and general welfare of the citizens of Maquoketa, Iowa; all as authorized by Iowa Code Chapter 354, including the purposes set forth in said Chapter.

5-3-3 APPLICATION.

This Ordinance shall apply to all subdivisions or re-subdivisions which occur on or after the date of publication of this Ordinance. Any subdivisions or re-subdivisions which occur prior to that date are governed by the previous “Subdivision Regulations” of the City of Maquoketa, Iowa.

5-3-4 APPROVALS.

1. Any proposed subdivision or re-subdivision of land as defined in this Ordinance, lying within the city limits of the City of Maquoketa or lying within two (2) miles of the city limits of the City of Maquoketa, shall be subject to the provisions of this Ordinance. No proposed subdivision plats, whether preliminary or final, shall be recorded as provided in Iowa Code Chapter 354 until all provisions of Iowa Code Chapters 354 and 355 as amended, and this Ordinance, have been complied with.

2. No officer, agent or employee of the City shall take any action to issue any building permit or permit for any water or sewer connection for any building or structure constructed or proposed to be constructed on land subdivided contrary to the provisions of this Ordinance. No officer, agent or employee of the City shall perform or cause to be performed any construction or maintenance upon any area purporting to be a street or public right of way by virtue of being shown on a subdivision plat, and no public funds shall be spent for such improvements, until such plat shall have been approved and recorded as required by this Ordinance.

3. When a preliminary subdivision plat or a final subdivision plat is submitted to the planning and zoning commission or city council for approval, and the plat is not approved by the planning and zoning commission or city council, the resolution of disapproval shall state how the subdivision plat is objectionable. The planning and zoning commission and city council shall consider the factors contained in this Ordinance, the City’s Comprehensive Plan, and the factors set forth in Iowa Code §354.8 in considering a subdivision plat for approval. The planning and zoning commission or city council shall approve or disapprove a subdivision plat within sixty (60) days from the date of application for approval of the plat. The city council shall not issue final approval of a subdivision plat unless the subdivision plat conforms to Iowa Code §§354.6, 354.11, and 355.8. The applicant for approval shall have the right to appeal set forth in Iowa Code §354.10.

4. If a proposed subdivision lies outside the city limits of the City of Maquoketa but within two (2) miles of said city limits, the developer shall comply in all respects with this ordinance. All required documents shall be submitted to both the City of Maquoketa and either Jackson County or Clinton County as appropriate for approval. The City shall apply the standards of this Ordinance and Iowa Code Chapters 354 and 355 to such plats.

5. The City may enter into a Iowa Code Chapter 28E agreement with Jackson County or Clinton County to establish mutual standards and conditions for review of subdivision plats or plats of survey for division or subdivision in areas of overlapping jurisdiction. In the event such a 28E agreement is adopted, the city shall apply the standards and procedures set forth in the 28E agreement to such plats rather than the provisions of this Ordinance.

6. The city council may waive the right to review a subdivision or waive city standards or conditions for approval of subdivision plats. Such waiver shall be by resolution, which shall be certified and recorded with the subdivision plat. The city council may not waive any requirements for subdivision plats contained in §§354.6, 354.11, and 355.8.

7. The city council shall not issue final approval of a subdivision plat unless the subdivision plat conforms with Iowa Code Chapters 354 and 355 as those Chapters may from time to time be amended.

8. If the subdivision plat and all matters related to final approval conform to the standards and conditions established by this Ordinance and Iowa Code Chapters 354 and 355, the city council shall approve the plat by resolution, which shall be certified and recorded with the plat.

5-3-5 DEFINITIONS.

For purposes of this Ordinance, the following terms shall have the following definitions unless the context clearly indicates otherwise:

1. “Aliquot part” means a fractional part of a section within the United States public land survey system. Only the fractional parts one-half, one-quarter, one-half of one-quarter, or one-quarter of one-quarter shall be considered an aliquot part of a section.

2. “Alley” means a minor way, dedicated to public use, which is based primarily for vehicular access to the back or the side of properties which otherwise abut a public street.

3. “Auditor’s plat” means a subdivision plat required by either the auditor or the assessor, prepared by a surveyor under the direction of the auditor.

4. “Block” means the smallest piece or parcel of land entirely surrounded by public highways, streets, streams, parks, or a combination thereof.

5. “Building” means any structure designed, built, or intended for the shelter, enclosure or protection of persons, personal property, vehicles, or animals.

6. “Building Setback Line” means a line within a lot or parcel of land designated on the plat of the proposed subdivision, between which line and the adjacent boundary of the street upon which the lot abuts, the erection of a building is prohibited.

7. “City” means the City of Maquoketa, Iowa.

8. “City Attorney” means the city attorney of the City of Maquoketa, Iowa.

9. “City Council” means the city council of the City of Maquoketa, Iowa.

10. “City Engineer” means a registered professional engineer authorized by the City to review engineering date outlined in these subdivision regulations.

11. “City Manager” means the city manager of the City of Maquoketa, Iowa, or his designated representative.

12. “Comprehensive Plan” means the plan or series of plans made for the future development of an area within the City of Maquoketa or within two (2) miles of the city limits of the City of Maquoketa.

13. “Conditional Approval” means the approval given to the layout of streets and lots in a subdivision set forth in a preliminary plat which forms the basis for preparation of the final plat.

14. “Conveyance” means an instrument filed with a recorder as evidence of the transfer of title to land, including any form of deed or contract.

15. “Cul-De-Sac” means a minor street having one end open to traffic and being permanently terminated by a vehicular turnaround.

16. “Developer” means the owner or agent under legal authority of the owner who undertakes to cause a parcel of land to be designed, constructed and recorded as a subdivision.

17. “Division” means dividing a tract or parcel of land into two parcels of land by conveyance or for tax purposes. The conveyance of an easement, other than a public highway easement, shall not be considered a division for the purpose of this Ordinance.

18. “Easement” means a grant by the property owner to the public, persons, or a corporation or association, of the use of a parcel of land for a specific purpose.

19. “Final Plat” means a subdivision plat with the attachments required by Iowa Code §354.11, submitted for approval by the planning and zoning commission and city council.

20. “Flood Hazard Area” means any area subject to flooding by a one percent (1%) probability flood, otherwise referred to as a one hundred (100) year flood, as designated by the Iowa Department of Natural Resources or the Federal Emergency Management Agency.

21. “Floodway” means the channel of a river or other watercourse and the adjacent lands that must be reserved in order to discharge the waters of a one hundred (100) year flood without cumulatively raising the waterway surface elevation more than one (1) foot.

22. “Forty-acre aliquot part” means one-quarter of one-quarter of a section.

23. “Frontage” means all the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead ended, then all of the property abutting one side between an intersecting street and the dead end of the street.

24. “Government lot” means a tract, within a section, which is normally described by a lot number as represented and identified on the township plat of the United States public land survey system.

25. “Grading Plan” means a drawing of a proposed subdivision on a contour or topographic map showing existing and proposed contours at a contour interval of not more than five (5) feet and a scale of not less than one hundred (100) feet to the inch.

26. “Half Street” means a street having a width less than required by these subdivision regulations.

27. “Highway” means a right of way for vehicular traffic which traverses a nonurban area and is usually a state or federal numbered route.

28. “Improvements” mean changes and additions to land necessary to prepare it for building sites; including, but not limited to, street surfacing, curb and gutter, grading, monuments, drainage ways, sanitary sewers, storm sewers, fire hydrants, water mains, sidewalks, pedestrian ways, recreational trails, and other public and private works and appurtenances.

29. “Individual Subsurface Sewage Treatment Facility” means a sewage disposal system designed to function on an individual lot basis.

30. “Iowa Code” means the Code of Iowa as from time to time amended.

31. “Land Remnant” means any portion of a tract of land which cannot be developed after the tract has been subdivided.

32. “Lot” means a tract of land represented and identified by number or letter designation on an official plat.

33. “Maintenance Guarantee” means a surety bond, cash deposit, irrevocable letter of credit, escrow account or certificate of deposit, pledged to the City of Maquoketa in an amount so as to insure that for a period of two (2) years from acceptance date, the developer shall be responsible to maintain improvements dedicated to the public in good repair.

34. “Metes and bounds description” means a description of land that uses distances and angles, uses distances and bearings, or describes the boundaries of the parcel by reference to physical features of the land.

35. “Official plat” means either an auditor’s plat or a subdivision plat that meets the requirements of this Ordinance and Iowa law, and has been filed for record in the offices of the recorder, auditor, and assessor.

36. “Parcel” means a part of a tract of land.

37. “Performance Guarantee” means a surety bond, cash deposit, irrevocable letter of credit, escrow account or certificate of deposit, pledged to the City of Maquoketa in an amount equal to the full cost of the improvements which are required by this Ordinance; said cost to be estimated by the City, and said amount being legally sufficient to secure to the City that the said improvements will be constructed in accordance with the requirements of this Ordinance.

38. “Person” means an individual, partnership or other legal entity.

39. “Planning and Zoning Commission” means the Planning and Zoning Commission of the City of Maquoketa, Iowa, as established under the authority of Iowa Code §414.6, also referred to as the “Commission.”

40. “Plat of Survey” means the graphical representation of a survey of one or more parcels of land, including a complete and accurate description of each parcel within the plat, prepared by a registered land surveyor.

41. “Preliminary Plat” means a plat submitted to the planning and zoning commission for review in accordance with the provisions of this Ordinance.

42. “Proprietor” means a person who has a recorded interest in land, including a person selling or buying land pursuant to a contract, but excluding persons holding a mortgage, easement, or lien interest.

43. “Public improvement” includes the principal structures, works, component parts and accessories of any of the following:

a. Sanitary, storm and combined sewers;

b. Drainage conduits, channels and levees;

c. Street grading, paving, graveling, macadamizing, curbing, guttering, and surfacing with oil, oil and gravel or chloride;

d. Street lighting fixtures, connections and facilities;

e. Sewage pumping stations, and disposal and treatment plants;

f. Underground gas, water, heating, sewer and electrical connections located in streets for private property;

g. Sidewalks and pedestrian underpasses or overpasses;

h. Drives and driveway approaches located within the public right of way;

i. Waterworks, water mains and extensions;

j. Traffic-control devices, fixtures, connections and facilities.

44. “Re-plat” or “Re-subdivision” means a subdivision of land which has been previously platted or subdivided into lots or parcels of land. It may include all or any part of a previous subdivision or plat.

45. “Reserve Strip” means a narrow parcel of land between a street adjacent to the property line and the adjacent property, the strip being retained in private ownership to prevent access of neighboring property to an improved and dedicated street.

46. “Sketch Plan” means a sketch to designate the scale of a proposed layout or alternate layout of lots, blocks and public ways, for the purpose of facilitating discussions and review between a developer and city officials prior to the filing of a preliminary plat.

47. “Street” means property, dedicated to the public, not an alley, intended for vehicular traffic. It may provide for vehicular and pedestrian access to properties adjacent to it, and may also provide space for the location of utilities, either above or below ground.

48. “Street Pavement Width” means the horizontal distance of the roadway measured from back-of-curb to back-of-curb.

49. “Subdivision” means one of the following:

a. A tract of land divided into two (2) or more lots;

b. A plat establishing or dedicating a street, highway, or alley, regardless of the number of lots created;

c. A re-platting or re-subdividing of a parcel of land previously subdivided; however, the sale or exchange of small parcels of land to or between adjoining property owners where such sale or exchange does not create additional lots shall not be considered as a subdivision of land;

50. “Subdivision Plat” means the graphical representation of the subdivision of land, prepared by a registered land surveyor, having a number or letter designation for each lot within the plat and a succinct name or title that is unique for the county where the land is located.

51. “Surveyor” means a registered land surveyor who engages in the practice of land surveying pursuant to Iowa Code Chapter 542B.

52. “Tract” means an aliquot part of a section, a lot within an official plat, or a government lot.

53. “Utilities” means the systems for the distribution or collection of water, gas, wastewater, stormwater, electricity, and telephone and cable television service.

5-3-6 SUBDIVISIONS CLASSIFIED.

A subdivision shall be classified as a simple, minor or major subdivision as set forth in this ordinance.

1. Simple subdivision. Any subdivision in which no new streets, public or private, are proposed, which does not require the construction of any public improvements, where no floodplains or wetlands exist, and which contains fewer than three (3) lots, shall be classified as a “simple subdivision”.

2. Minor subdivision. Any subdivision in which no new streets, public or private, are proposed, which does not require the construction of any public improvements, where no floodplains or wetlands exist, and which contains three (3) or more lots, shall be classified as a “minor subdivision”.

3. Major subdivision. Any subdivision which is not a simple subdivision or a minor subdivision shall be classified as a “major subdivision”.

5-3-7 STAFF REVIEW OF SIMPLE SUBDIVISIONS.

Simple subdivisions shall be reviewed by the city manager, city engineer and city attorney to determine compliance with the Subdivision Ordinance of the City of Maquoketa, Iowa, and Iowa law. Review by the planning and zoning commission shall not be required. The city manager may set conditions to provide that the division meets the requirements of all applicable city codes. A simple subdivision plat shall be a Plat of Survey and no Final Plat shall be required. Plat attachments are not required for a simple subdivision. No plat of a simple subdivision shall be recorded unless the city manager has approved the plat.

5-3-8 PLANNING CONFERENCE.

1. A planning conference is mandatory for a major subdivision. A planning conference for a minor subdivision or a simple subdivision shall only be held if requested by the city, the developer or the developer’s engineer.

2. The planning conference shall be informal and shall be for the purpose of determining the general requirements to be included in the subdivision. Participants may include the developer, his engineer, his surveyor, the city manager, the city engineer, and any other city official deemed by the city manager to have input or an interest in the layout or facilities to be furnished in the subdivision. Any of the above participants may designate a representative to confer on their behalf.

3. The time and place of the planning conference shall be set by the city manager and all parties shall be notified.

4. The developer shall furnish a sketch plan of the proposed subdivision to the city manager at least five (5) days prior to the planning conference.

5. The proceedings of the planning conference shall be informal. During the conference the city manager shall strive to assist the developer in the subdivision process. Any tentative agreements reached between the city and the developer during the planning conference shall be subject to ratification by the planning and zoning commission or city council as appropriate.

5-3-9 PRELIMINARY PLAT – FILING – CONTENT.

1. The developer shall file a preliminary plat for any major subdivision. The city manager, in his discretion, may require the filing of a preliminary plat for a minor subdivision. No preliminary plat shall be required for a simple subdivision.

2. The preliminary plat shall be conspicuously marked as such and shall be at a scale of not less than one hundred feet to the inch (100′ = 1″), and shall include the following information:

a. The subdivision name, scale, north arrow and date.

b. The name and address of the proprietor and developer, and the name and address of the person or firm preparing the preliminary plat.

c. A key map showing the general location of the subdivision in relation to surrounding streets and development.

d. All adjacent streets and subdivisions and the names of all the owners of record of all adjacent property.

e. The legal description of the property included in the proposed subdivision.

f. The approximate total area of the proposed subdivision and the approximate total area proposed for streets, highways or alleys.

g. The zoning of the proposed subdivision and adjoining properties.

h. The layout, numbers, approximate dimensions and area of proposed lots.

i. The layout, numbers or letters, and proposed dimensions of any land remnant included within the subdivision.

j. The existing and proposed topography of the subdivision showing contours at appropriate vertical intervals not exceeding four (4) vertical feet.

k. The location of all existing easements, buildings, watercourses, tree masses and other features located within one hundred (100) feet of the subdivision, including floodways and flood hazard areas.

l. The location, width, dimensions, approximate grades and proposed names of all public streets proposed to be dedicated for public use and of all private streets proposed to be provided for by perpetual easement.

m. The location of present and proposed utility systems and other facilities located within one hundred (100) feet of the plat.

n. Proposed perpetual easements, showing locations, widths and purposes.

o. Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds, or public or sem-public purposes.

p. A preliminary grading and erosion control plan.

q. All front building setback lines and side building setback lines on intersecting street sides of corner lots.

r. Typical cross-sections of the proposed streets showing roadway location, type of curb and gutter, base and surface course materials to be used and sidewalks to be installed.

s. Construction plans for all public improvements to be constructed by the developer.

t. A complete listing of all existing covenants which apply to the land to be subdivided.

u. Any other pertinent information as determined by the city manager.

5-3-10 PRELIMINARY PLAT – REVIEW AND APPROVAL

1. Developer shall file ten (10) copies of the preliminary plat with the city manager and shall pay the required preliminary plat review fee as established by ordinance.

2. The preliminary plat shall be filed with the city manager at least thirty (30) days prior to the next scheduled regular meeting of the planning and zoning commission.

3. Two (2) copies of the preliminary plat shall be provided to the city engineer for review, who shall report in writing to the city manager within ten (10) days with his or her comments. One (1) copy of the preliminary plat shall be provided to the city attorney for review, who shall report in writing to the city manager within ten (10) days with his or her comments.

4. The city manager shall prepare a report for the planning and zoning commission at least ten (10) days prior to the meeting at which the preliminary plat will be considered.

5. The planning and zoning commission shall hold a public meeting to consider and study the preliminary plat. The planning and zoning commission shall determine if it complies with the requirements of this ordinance. The commission shall receive and review the reports of the city manager, city engineer and city attorney. The commission shall consider the city’s comprehensive plan, the city’s applicable standards and ordinances, and the possible burden on public improvements. The commission shall balance the interests of the proprietor, future purchasers, and the public interest in the subdivision when reviewing the proposed subdivision and when requiring the installation of public improvements in conjunction with approval of the subdivision. The commission may table the preliminary plat if necessary to obtain additional information from the developer or city staff.

6. The planning and zoning commission shall, within sixty (60) days of the filing of the preliminary plat with the city manager and payment of all required fees, either approve or disapprove the preliminary plat. The commission may, as a requirement of approving the preliminary plat, impose requirements for approval. The commission’s approval or disapproval shall be in writing and shall be delivered to the city manager, city engineer, city attorney and developer. The commission’s approval of the preliminary plat shall be a conditional approval.

7. No city council review of a preliminary plat is required.

8. The approval of a preliminary plat by the commission shall remain in effect for a period of one year, unless extended by the city council as provided in section 5-3-12(1). If the developer does not file a final plat within that time, all previous actions by the city regarding the preliminary plat are null and void.

9. The planning and zoning commission’s approval of the preliminary plat shall not constitute authority to sell lots, record the plat, advertise the future or conditional sale of lots based upon the preliminary plat, nor authority to construct permanent buildings, structures or improvements in reliance upon the layout contained in the preliminary plat.

10. If the developer makes substantial alterations to the layout of the subdivision after the conditional approval of the preliminary plat, such alterations shall be subject to review and approval by the commission.

5-3-11 COMMERCIAL OR INDUSTRIAL SUBDIVISIONS.

1. The street and lot layout of a subdivision for commercial or industrial purposes shall be appropriate to the land use for which the subdivision is proposed. The plat shall conform to the city’s comprehensive plan, zoning ordinance, and all other ordinances and regulations of the city.

2. In addition to the principles and standards of this Ordinance, which are applicable to all subdivisions, the developer of a commercial or industrial subdivision shall demonstrate to the city that the street, parcel and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall apply:

a. Proposed commercial or industrial parcels shall be suitable in area and dimensions to the type of development anticipated.

b. Street right-of-way and surface shall be adequate to accommodate the type and volume of traffic anticipated to be carried thereon.

c. Special requirements may be imposed by the city with respect to the installation of utilities.

d. Special requirements may be imposed by the city with respect to street, curb and gutter, and sidewalk design and construction.

e. The developer shall be required to protect adjacent residential areas from potential nuisances from the proposed commercial or industrial development, including, but not limited to, setbacks or buffer strips, barriers, or landscaping.

f. Streets designed to carry nonresidential traffic, such as truck traffic, shall not be extended to the boundaries of adjacent existing or potential residential areas, or connected to streets intended for predominantly residential traffic.

g. Adequate access shall be provided to all lots and adequate provisions for off-street parking and deliveries shall be provided.

h. Developers of commercial or industrial subdivisions shall conform and comply with all requirements of this Ordinance.

5-3-12 FINAL PLAT – FILING – CONTENT AND ATTACHMENTS.

1. The developer shall file a final plat with the city manager within one (1) year of the planning and zoning commission’s approval of the preliminary plat. In the event the developer does not file a final plat within one (1) year of approval of the preliminary plat, the planning and zoning commission’s approval of the preliminary plat is void and of no effect. The city council may extend the deadline to file a final plat for one additional year if the developer applies in writing for an extension within the original one year period. The city manager, in his discretion, may require the developer to file a revised preliminary plat prior to submission of a final plat.

2. Plats of survey shall contain the information and be submitted in the form required by Iowa Code §355.7.

3. Subdivision plats shall contain the information and be submitted in the form required by Iowa Code §§354.6 and 355.8. In addition, a subdivision plat shall be accompanied by the following documents:

a. A statement by the proprietors and their spouses, if any, that the plat is prepared with their free consent and in accordance with their desire, signed and acknowledged before an officer authorized to take the acknowledgment of deeds. The statement by the proprietors may also include a dedication to the public of all lands within the plat that are designated for streets, alleys, parks, open areas, school property, or other public use, if the dedication is approved by the governing body.

b. A statement from the mortgage holders or lienholders, if any, that the plat is prepared with their free consent and in accordance with their desire, signed and acknowledged before an officer authorized to take the acknowledgment of deeds. An affidavit and bond as provided for in Iowa Code §354.12, may be recorded in lieu of the consent of the mortgage or lienholder. When a mortgage or lienholder consents to the subdivision, a release of mortgage or lien shall be recorded for any areas conveyed to the governing body or dedicated to the public.

c. An opinion by an attorney-at-law who has examined the abstract of title of the land being platted. The opinion shall state the names of the proprietors and holders of mortgages, liens, or other encumbrances on the land being platted and shall note the encumbrances, along with any bonds securing the encumbrances. Utility easements shall not be construed to be encumbrances for the purpose of this section.

d. A certified resolution by the planning and zoning commission and city council either approving the subdivision or waiving the right to review.

e. A certificate of the county treasurer that the land is free from certified taxes and certified special assessments or that the land is free from certified taxes and that the certified special assessments are secured by bond in compliance with Iowa Code §354.12.

f. A complete set of restrictive covenants proposed for the subdivision.

A subdivision plat which includes no land set apart for streets, alleys, parks, open areas, school property, or public use other than utility easements, shall be accompanied by the documents listed in subsections a, b, c, and d, and a certificate of the treasurer that the land is free from certified taxes other than certified special assessments.

4. Ten (10) copies of the final plat, together with all required attachments, shall be submitted to the city manager together with any final plat review fee as established by ordinance. In addition, by the act of filing the final plat, the developer agrees to pay to city within thirty (30) days of billing, all legal and engineering charges the city incurs for the review of the proposed final plat, attachments, final improvement plans and specifications, and observations during the construction of the improvements.

5. The final plat shall be filed with the city manager at least thirty (30) days prior to the next scheduled regular meeting of the planning and zoning commission.

5-3-13 FINAL PLAT – REVIEW AND APPROVAL

1. Two (2) copies of the final plat and attachments shall be provided to the city engineer for review, who shall report in writing to the city manager within ten (10) days with his or her comments. One (1) copy of the final plat with attachments shall be provided to the city attorney for review, who shall report in writing to the city manager within ten (10) days with his or her comments.

2. The city manager shall prepare a report for the planning and zoning commission at least ten (10) days prior to the meeting at which the final plat will be considered.

3. The planning and zoning commission shall hold a public meeting to consider and study the final plat. The planning and zoning commission shall determine if it complies with the requirements of this ordinance. The commission shall receive and review the reports of the city manager, city engineer and city attorney. The commission shall consider the city’s comprehensive plan, the city’s applicable standards and ordinances, and the possible burden on public improvements. The commission shall balance the interests of the proprietor, future purchasers, and the public interest in the subdivision when reviewing the proposed subdivision and when requiring the installation of public improvements in conjunction with approval of the subdivision. The commission may table the final plat if necessary to obtain additional information from the developer or city staff.

4. The planning and zoning commission shall, within thirty (30) days of the filing of the final plat with the city manager and payment of all required fees, either approve or disapprove the final plat by resolution. The commission may, as a requirement of approving the final plat, impose requirements for approval. The commission’s resolution shall be delivered to the city manager, city engineer, city attorney and developer.

5. The city council shall consider the final plat and the resolution of the planning and zoning commission within thirty (30) days of the resolution of the planning and zoning commission. If the city council finds that the plat has been prepared in compliance with the regulations of this Ordinance, Iowa Code Chapters 354 and 355, and in substantial compliance with the preliminary plat, where required, such final plat shall be approved by resolution. In the event the final plat is not approved, the minutes shall set forth the reasons for the denial, including how the final plat varies from this Ordinance, Iowa Code Chapters 354 and 355, or the preliminary plat.

6. One certified copy of the resolution of the planning and zoning commission and one certified copy of the resolution of the city council shall be provided to the developer. The developer shall file the final plat and all required attachments with the recorder as required by Iowa Code §354.18. The final plat shall be recorded within sixty (60) days of approval by the city council.

5-3-14 IMPROVEMENT GUARANTEES

1. Before the recording of the final plat, or as a condition of approval of the final plat, the planning and zoning commission or the city council may require and shall accept in accordance with the city standards adopted by ordinance the following guarantees:

a. The furnishing of a performance guarantee in an amount not less than one hundred ten percent (110%) of the cost of installation for public improvements; and

b. Provision for a maintenance guarantee for a period of two (2) years after final acceptance of the improvement.

2. The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the city council by resolution.

3. Upon completion of all required improvements, the developer shall notify the city manager, in writing, of the completion of the improvements. The city engineer shall inspect all improvements of which such notice has been given and shall file a report, in writing, with the city manager and developer, indicating either approval or rejection of such improvements with a statement of reasons for any rejection.

4. The city council shall accept the subdivision improvements by resolution upon:

a. The developer’s completion of all required improvements and the notification to the city manager in writing required above.

b. Submission to the city manager evidence of payment in full for all work performed on the public improvements.

c. Submission of “As Built Drawings” prepared by the registered professional engineer who prepared the improvement plans, and a statement from the engineer that all construction has been completed in accordance with the engineering plans and specifications approved by the city and the requirements of all ordinances and regulations of the city.

d. A maintenance guarantee as required by this section of the Ordinance.

e. The city engineer’s report that the subdivision improvements have constructed in accordance with the approved final plat and the regulations of the city.

f. Developer’s payment to city of all fees and charges for plat review, legal review, and engineering review and services.

5. Performance and maintenance guarantees may be provided by a variety of means, subject to the approval of the city council, including, but not limited to, the following:

a. Surety bond. The developer may obtain a surety bond from a surety bonding company authorized to do business in the State of Iowa; or

b. Letter of credit. The developer may provide an irrevocable letter of credit from a financial institution acceptable to the city; or

c. Escrow account. The developer may deposit cash, or cash equivalent, either with the City of Maquoketa, or with a financial institution acceptable to the city, pursuant to an escrow agreement acceptable to the city; or

d. Certificate of deposit. The developer may deposit a certificate of deposit in the name of the City of Maquoketa with a financial institution acceptable to the city.

5-3-15 INSTALLATION OF IMPROVEMENTS

1. Public improvements, including streets, sanitary sewers, storm sewers, water mains, street lighting, street trees, and sidewalks shall be installed in accordance with the city standards.

2. Utilities shall generally be located within the right-of-way on both sides of and parallel to the street, in accordance with the city standards.

3. All developers shall provide a plan to connect the development to the public water supply system, public storm sewer system and public sanitary sewer system where required by city ordinance or the city standards.

4. Preliminary and final grading and erosion control plans shall comply with city ordinances and the city standards.

5-3-16 SUBDIVISION DESIGN STANDARDS

1. The design of the subdivision shall be in conformance with the comprehensive plan, zoning ordinance and city standards.

2. To the maximum extent practicable, the subdivision shall be designed to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize the negative impacts and alteration of the natural features.

3. The subdivision shall be laid out to avoid adversely affecting groundwater and aquifer recharge; to reduce cut and fill; to avoid unnecessary impervious cover; to prevent flooding; to provide adequate access to lots and sites; and to mitigate adverse effects of shadow, noise, odor, traffic, drainage, and utilities on neighboring properties.

4. The subdivision shall be laid out to create lots which provide sufficient area for development outside utility easements. No buildings, fill, or grading shall occur within the utility easements without approval of the city.

5-3-17 BLOCKS AND LOTS

1. All blocks and lots shall be numbered systematically for identification.

2. The minimum area and dimensions for lots shall conform to the applicable requirements of the area regulations of the zoning ordinance. All lots shall front on a public street or an approved private street as permitted in the zoning ordinance. Lots with double frontages shall not be permitted unless one frontage is an arterial street without access rights. Triangular lots shall be avoided whenever possible.

3. In so far as practical, the side lot lines shall be perpendicular to the street on which the lot fronts.

4. In cases where irregularity of ownership or street lines would produce remnant lots less than the minimum area required by the zoning ordinance, such area shall be added to adjoining lots.

5-3-18 STREETS

1. The arrangement of arterial and collector streets shall conform to the comprehensive plan. For streets not shown in the comprehensive plan, the arrangement shall provide for the appropriate extension of existing streets.

2. Right-of-way.

a. The right-of-way shall be measured from lot line to lot line and shall be sufficiently wide to contain the street pavement, curbs, shoulders, sidewalks, utilities, street lighting and street trees placed within the right-of-way.

b. The right-of-way width of a new street that is a continuation of an existing street shall in no case be continued at a width less than that of the existing street. The right-of-way width shall vary with street classification according to the city standards.

c. Dedication of half-streets (right-of-way) is discouraged but may be approved by the planning and zoning commission and city council to serve the public interest. Lots abutting on such right-of-way shall be nonbuildable until the remainder of the street is dedicated to the public.

3. Street classification.

a. Streets shall be classified by the city engineer as arterial, collector, local or alley. The street hierarchy shall be defined by the city engineer based on road function and average daily traffic in accordance with the city standards.

b. Each street shall be classified and designed for its entire length to meet the standards for one of the street types defined in the city standards.

c. The developer shall demonstrate to the planning and zoning commission’s and city council’s satisfaction that the distribution of traffic to the proposed street system will not exceed the requirements set forth in the city standards.

4. Street width. Street width shall consider possible limitations imposed by sight distances, climate, terrain, and maintenance needs. To minimize street costs, the minimum width assuring satisfaction of needs shall be selected. Street widths for each street classification shall conform to the city standards.

5. Pavement standards. Street pavement thickness shall vary by street classification, subgrade properties and pavement type as specified in the city standards.

6. Street alignment. Arterial and collector streets shall be continued in as direct an alignment as topography and other conditions permit. Local streets shall conform to the prevailing topography of the subdivision.

7. Street grades. Street grades shall be within the city standards.

8. Names of streets. Streets that are aligned with existing or platted streets, or essentially so aligned, shall bear the names of the existing streets. Names for new streets shall not duplicate in spelling, nor sound phonetically similar to existing street names in the City of Maquoketa. Street names shall be approved by the planning and zoning commission and the city council.

9. Reserve strips. No privately owned reserve strip, except open space proposed to be deeded to the city or to a homeowners association within the subdivision, shall be permitted which controls access to any part of the subdivision or to any other parcel of land from any street, or from any land dedicated to public use, or which may be so dedicated.

10. Streets – Access to 17th Street and Carlisle Street in the City of Maquoketa is hereafter limited to the driveways and field entrances existing at the passage of this ordinance. Such accesses to 17th Street are identified by these station coordinates in the plans and specifications for the paving of 17th Street as approved by the City Council on October 5, 2011:

Field Entrance at Station 5 + 25 feet, south side
Field Entrance at Station 9 + 45 feet, south side
Field Entrance at Station 10 + 46 feet, north side
Gravel Driveway at Station 12 + 70 feet, north side
Gravel Driveway at Station 14 + 30 feet, north side

Any property owner of abutting property requesting additional access to 17th Street and Carlisle Drive shall be required to have their property annexed to the City of Maquoketa.
(Ord. 1098, Passed 12-19-11)

5-3-19 EASEMENTS

Easements shall be provided as determined necessary for public utility requirements. Public utility easements shall measure at least ten (10) feet on either side of the utility line and may vary as needed. Storm sewer easements, sanitary sewer easements and water main easements shall be at least twenty (20) feet in width.

5-3-20 CURBS

1. Curb requirements and construction shall be in accordance with the city standards.

2. Where curbing is not required, as in planned developments or within two (2) miles of the city limits, edge definition and stabilization shall be furnished as recommended by the city engineer. Shoulders and swales shall be reviewed on a case-by-case basis with the city engineer.

3. Curbing shall be designed to provide a ramp for wheelchairs and handicapped access as required by the Code of Iowa and the city standards.

5-3-21 SIDEWALKS

1. Sidewalks shall be required on all public street frontages and shall be constructed in accordance with the city standards.

2. Sidewalks shall be placed four (4) feet behind the curb parallel to the street, unless an exception has been permitted by the city engineer to preserve topographical or natural features or to provide visual interest, or unless the developer shows that an alternative pedestrian system provides safe and convenient circulation.

5-3-22 PLANNED UNIT DEVELOPMENTS

1. A Planned Unit Development (PUD) is a subdivision process established to allow variation from traditional development standards identified in the Subdivision Ordinance of the City of Maquoketa, Iowa. The process is intended to allow flexibility in the development process in exchange for creative design alternatives, greater variety and innovation in land uses and structural appearances, larger expanses of parks and open spaces, more extensive landscaping, and higher protection of natural features and unique resources.

2. A PUD shall not be construed solely as a mechanism to waive requirements of this Ordinance. A PUD must be determined to be in the interest of and to protect the health, safety and general welfare of the public. A PUD must be consistent with the comprehensive plan and the general intent of this Ordinance.

3. A PUD may only consist of properties that contain either R-1 (as defined in City of Maquoketa Code of Ordinances Title V Chapter 1D) or R-2 (as defined in City of Maquoketa Code of Ordinances Title V Chapter 1E) zoning classifications and property uses, or both.

4. A PUD shall have a common open space, accessible to all lots or units, equal to a minimum of twenty-five percent (25%) of the gross area of the development site. No streets, driveways, or parking areas may be included as part of the required open space. Preservation, maintenance and ownership of required open space with a PUD shall be accomplished by: (1) dedication of the land as a public park or parkway system, if accepted as such by the city; or (2) establishment of a property owners’ or homeowners’ association, with bylaws or regulations governing preservation, maintenance and ownership of the open space.

5. The PUD process may be used to allow infill development or development of smaller parcels contiguous with existing developed areas of the city, where it may be appropriate to match existing lot and block patterns, street corridors, or other existing conditions. In instances of infill development, particularly smaller parcels, creative design emphasis shall be placed on architectural controls, landscaping and neighborhood compatibility, rather than subdivision design or the creation of large open spaces or common areas.

6. The PUD process is not intended to allow increases in development density. Allowable density shall be based upon a concept development layout using conventional land area requirements for each proposed use. Dimensional variations for a resulting PUD may include deviation from the conventional standards: lot width, lot depth, lot area, street setback (provided no required parking areas encroach on public right-of-way, public utilities, or within a private street or access area), setback requirements, or street right-of-way width.

7. The PUD process and the unique features of a proposed development may require that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification. The city council may approve streets, utilities, public facilities and subdivisions that are not in conformance with city standards if it finds that strict adherence to such standards or requirements is not required and so long as the health, safety and general welfare of residents of the PUD, the surrounding area, and the city as a whole, are not compromised.

8. A planning conference and a sketch plan is required for a proposed PUD. The sketch plan shall identify unique conditions that warrant consideration of a PUD process, shall illustrate the density of the development by conventional development standards, and shall include a description and illustration of the dimensional variations that are requested and any special design features and innovations of the PUD. The process to review and approve a PUD shall be comparable to the preliminary and final platting process and shall include all platting documentation in addition to PUD documentation.

9. A preliminary plat is required following review of the sketch plan by the city. A preliminary plat shall illustrate the conceptual development patterns for the entire site controlled by the developer. The preliminary plat shall include all information required by this ordinance for subdivisions. In addition, the developer shall file with the preliminary plat: (1) a statement of the rationale for utilizing the PUD process; (2) identification of the city standards or ordinances which may be subject to waiver or variation; (3) the special features of the development which qualify it as a PUD; (4) a written narrative of the proposed development; and (5) calculations showing that the minimum required open spaces have been designated and set aside.

10. A final plat must be prepared, consistent with the conditions of the preliminary plat, for review and approval by the planning and zoning commission and the city council. The process for approving a final plat shall be the same as the process for approval of a final subdivision plat. The final plat must include the entire site controlled by the developer and shall include:

a. The zoning classification requested.

b. Site plans illustrating lot dimensions, minimum structure setbacks, easements, parks, trails, sidewalks, common open spaces, preservation areas, parking configurations and landscaping.

c. The aggregate area of private lots and area of common open space stated as percentages of the total area within the PUD.

d. Preliminary architectural styles for each building type, including, but not limited to, floor plans, unit relationships and accessory uses.

e. The construction and occupancy schedules of each phase of the development

f. Covenants, restrictions and financial assurances required for the maintenance and operation of the attached residential units, common areas, permanent open spaces, joint facilities, and private streets (of permitted).

11. Unless waived by the City Council, a developer shall execute a development agreement containing the developer’s obligations under the approved final plat
(Ord 1009, 10-3-05)

Chapter 2-Flood Hazard Areas

5-2-1 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
5-2-2 GENERAL PROVISIONS
5-2-3 STANDARDS FOR FLOOD PLAIN DEVELOPMENT
5-2-4 ADMINISTRATION
5-2-5 DEFINITIONS

5-2-1 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSES

1. The Legislature of the State of Iowa has in Chapter 364, Code of Iowa as amended, delegated the power to cities to exercise any power and performance function it deems appropriate to protect and preserve the rights, privileges and property of the city or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort and convenience of its residents.

2. Findings of Fact

a. The flood hazard areas of Maquoketa are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extra-ordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare of the community.

b. These flood losses, hazards, and related adverse effects are caused by: (i) the occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected from flooding and (ii) the cumulative effect of obstructions on the flood plain causing increases in flood heights and velocities.

c. This ordinance applies to Panel Numbers 19097C0429D, 433D, 434D, 437D, 441D and 442D of the “Flood Insurance Rate Map” (FIRM), Jackson County, Iowa and incorporated areas”.

3. Statement of Purpose

It is the purpose of this ordinance to protect and preserve the rights, privileges and property of Maquoketa and its residents and to preserve and improve the peace, safety, health, welfare, and comfort and convenience of its residents by minimizing those flood losses described in Section 1B2 with provisions designed to:

a. Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or which cause excessive increases in flood heights or velocities.

b. Require that uses vulnerable to floods, including public facilities which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement.

c. Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard.

d. Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program.

5-2-2 GENERAL PROVISIONS

1. Lands to Which Ordinance Applies. The provisions of this Ordinance shall apply to all areas having special flood hazards within the jurisdiction of Maquoketa. For the purpose of this Ordinance, the special flood hazard areas are those areas designated as Zone A on the Flood Insurance Rate Map for Jackson County and Incorporated Areas, the City of Maquoketa, dated 12/17/10, as amended, which is hereby adopted and made a part of this Ordinance.

2. Rules for Interpretation of Flood Hazard Boundaries. The boundaries of the special flood hazard areas shall be determined by scaling distances on the official Flood Insurance Rate Map. When an interpretation is needed as to the exact location of a boundary, the City Manager shall make the necessary interpretation.

3. Compliance. No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this Ordinance.

4. Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provision of this Ordinance shall prevail. All other Ordinance inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only.

5. Interpretation. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted to State statutes.

6. Hearing and Disclaimer of Liability. The standards required by this Ordinance are considered reasonable for the regulatory purposes. This Ordinance does not imply that areas outside the designated special flood hazard areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of Maquoketa or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder.

7. Severability. If any section, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

5-2-3 STANDARDS FOR FLOOD PLAIN DEVELOPMENT. All uses shall meet the following applicable performance standards. Where needed, the Department of Natural Resources shall be contacted to compute 100-year flood elevation and floodway data.

1. All development within the special flood hazard areas shall:

a. Be consistent with the need to minimize flood damage.

b. Use construction methods and practices that will minimize flood damage.

c. Use construction materials and utility equipment that are resistant to flood damage.

d. Obtain all other necessary permits from federal, state and local governmental agencies including approval when required from the Iowa Department of Natural Resources.

2. Structures:

a. New or substantially improved residential structures shall have the lowest floor (to include basement) elevated a minimum of one (1) foot above the 100-year flood level. Construction shall be upon compacted fill which shall, at all points, be no lower than 1.0 ft. above the 100-year flood level and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon.

Alternate methods of elevating (such as piers) may be allowed subject to favorable consideration by the City Council, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding.

All new residential structures shall be provided with a means of access which will be passable by wheeled vehicles during the 100-year flood.
(Ord. 786, 6-15-92)

b. New or substantially improved non-residential structures shall have the lowest floor (including basement) elevated a minimum of one (1) foot above the 100-year flood level, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year flood; and that the structure below the 100-year flood level is watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to the National Geodetic Vertical Datum) to which any structures are floodproofed shall be maintained by the Administrator. (Ord. 786, passed 6-15-92)

c. All new and substantially improved structures:

1. Fully enclosed areas below the “lowest floor” (not including basements) that are subject to flooding shall be designated to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria:

a) A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot enclosed area subject to flooding shall be provided.

b) The bottom of all openings shall be no higher than one (1) foot above grade.

c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

2. New and substantially improved structures must be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

3. New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

3. Factory-Built Homes:

a. Factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be anchored to resist flotation, collapse, or lateral movement.

b. Factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one (1) foot above the 100-year flood level.

4. Subdivisions (including factory-built home parks and subdivisions) shall be consistent with the need to minimize flood damage and shall provide adequate drainage to reduce exposure to flood hazards. Development associated with subdivisions shall meet the applicable standards of this Section.

5. Utility and Sanitary Systems:

a. All new and replacement sanitary sewage systems shall be designed to minimize and eliminate infiltration of floodwaters into the system as well as the discharge of effluent into floodwaters.

b. On-site waste disposal systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

c. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

d. Utilities such as gas and electrical systems shall be located and constructed to minimize or eliminate flood damage to the systems and the risk associated with such flood damaged or impaired systems.

6. Watercourse alterations or relocations must be designed to maintain the flood carrying capacity within the altered or relocated portion.

7. Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one (1) foot above the 100-year flood level. Other material and equipment must either be similarly elevated or:

a. Not be subject to major flood damage and be anchored to prevent movement due to flood water, or;

b. Be readily removable after flood warning;

8. Accessory Structures

1. Detached garages, sheds, and similar structures accessory to a residential use are exempt from the 100-year flood elevation requirements where the following criteria are satisfied.

a. The structure shall not be used for human habitation.

b. The structure shall be designed to have low flood damage potential.

c. The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters.

d. The structure shall be firmly anchored to prevent flotation which may result in damage to other structures.

e. The structure’s service facilities such as electrical and heating equipment shall be elevated or floodproofed to at least one foot above the 100-year flood level.

2. Exemption from the 100-year flood elevation requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents.

9. Recreational Vehicles

1. Recreational vehicles are exempt from the requirements of Section 5-2-2-3(3) of this Ordinance regarding anchoring and elevation of factory-built homes when the following criteria are satisfied.

a. The recreational vehicle shall be located on the site for less than 180 consecutive days, and,

b. The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

2. Recreational vehicles that are located on the site for more than 180 consecutive days or are not ready for highway use must satisfy requirements of (Section III E) of this Ordinance regarding anchoring and elevation of factory-built homes.

10. Pipeline river and stream crossings shall be buried in the streambed and banks, or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering.

5-2-4 ADMINISTRATION

1. Appointment, Duties and Responsibilities of Flood Plain Administrator

a. The Zoning Administrator is hereby appointed to implement and administer the provisions of this Ordinance and will herein be referred to as the Administrator.

b. Duties of the Administrator shall include, but not necessarily be limited to the following:

1. Review all flood plain development permit applications to assure that the provisions of this Ordinance will be satisfied.

2. Review flood plain development applications to assure that all necessary permits have been obtained from Federal, State and local governmental agencies including approval when required from the Department of Natural Resources for flood plain construction.

3. Record and maintain a record of the elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including basement) of all new or substantially improved structures in the special flood hazard area.

4. Record and maintain a record of the elevation (in relation to National Geodetic Vertical Datum) to which all new or substantially improved structures have been floodproofed.

5. Notify adjacent communities/counties and the Department of Natural Resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency.

6. Keep a record of all permits, appeals and such other transactions and correspondence pertaining to the administration of this Ordinance.

2. Flood Plain Development Permit

a. Permit Required: A Flood Plain Development Permit issued by the Administrator shall be secured prior to any flood plain development (any man-made change to improved and unimproved real estate, including but not limited to excavation or drilling operations), including the placement of factory-built homes.

b. Application for Permit: Application shall be made on forms furnished by the Administrator and shall include the following:

1. Description of the work to be covered by the permit for which application is to be made.

2. Description of the land on which the proposed work is to be done (i.e., lot, block, track, street address or similar description) that will readily identify and locate the work to be done.

3. Indication of the use of occupancy for which the proposed work is intended.

4. Elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including basement) of buildings.

5. For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvement.

6. For developments involving more than five (5) acres, the elevation of the 100-year flood.

7. Such other information as the Administrator deems necessary for the purpose of this Ordinance.

c. Procedure for Acting on Permit. The Administrator shall make a determination as to whether the flood plain development, as proposed, meets the applicable provisions of Section III and shall approve or disprove the application. In reviewing proposed development, the Administrator shall obtain, review and reasonably utilize any available flood plain information or data from Federal, State or other sources.

3. Subdivision Review. The administrator shall review all subdivision proposals within the special flood hazard areas to assure that such proposals are consistent with the purpose and spirit of this Ordinance and shall advise the City Council of the potential conflicts. Flood plain development in connection with a subdivision (including installation of public utilities) shall require a Flood Plain Development Permit as provided in Section 5-2-3 (5). For proposals greater than fifty (50) lots, the subdivider shall be responsible for providing flood elevation data.

1. The Zoning Board of Adjustment may authorize upon request in specific cases such variances from the terms of this Ordinance that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship. Variances granted must meet the following applicable standards.

a. Variances shall only be granted upon: (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local codes or ordinances.

b. Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

c. In cases where the variance involves a lower level of flood protection for buildings than what is ordinarily required by this Ordinance, the applicant shall be notified in writing over the signature of the Administrator that: (i) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction increases risks to life and property.

2. Factors upon which the decision of the Council shall be Based – In passing upon applications for Variances, the Council shall consider all relevant factors specified in other sections of this Ordinance and:

a. The danger to life and property due to increased flood heights or velocities caused by encroachments.

b. The danger that materials may be swept on to other land or downstream to the injury of others.

c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

e. The importance of the services provided by the proposed facility to the City.

f. The requirements of the facility for a floodplain location.

g. The availability of alternative locations not subject to flooding for the proposed use.

h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

i. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

j. The safety of access to the property in times of flood for ordinary and emergency vehicles.

k. The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site.

l. The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities (sewer, gas, electrical and water systems), facilities, streets and bridges.

m. Such other factors which are relevant to the purpose of this Ordinance.

3. Conditions Attached to Variances – Upon consideration of the factors listed above, the Board may attach such conditions to the granting of variances as it deems necessary to further the purpose of this Ordinance. Such conditions may include, but not necessarily be limited to:

a. Modification of waste disposal and water supply facilities.

b. Limitation of periods of use and operation.

c. Imposition of operational controls, sureties, and deed restrictions.

d. Requirements for construction of channel modifications, dikes, levees and other protective measures, provided such are approved by the Department of Natural Resources and are deemed the only practical alternative to achieving the purpose of this Ordinance.

e. Floodproofing measures.

Section 5-2-4(5) – Nonconforming Uses

A. A structure or the use of a structure or a structure or premises which was lawful before the passage or amendment of this Ordinance, but which is not in conformity with the provisions of this Ordinance, may be continued subject to the following conditions:

1. If such use is discontinued for six (6) consecutive months, any future use of the building premises shall conform to this Ordinance.

2. Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses.

B. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty (50) percent of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this Ordinance. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, provided that the alteration shall not preclude its continued designation.

Section 5-2-4 (6) – Penalties for Violation

Violations of the provisions of this Ordinance or failure to comply with any of the requirements shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 (five hundred dollars) or imprisoned for not more than thirty (30) days. Nothing herein contained prevent the City of (City of Maquoketa) from taking such other lawful action as is necessary to prevent or remedy violation.

5-2-5 DEFINITIONS. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application.

BASEMENT: Any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides. Also see “lowest floor.”

DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filing, grading, paving, excavation or drilling operations.

FACTYOR-BUILT HOME: Any structure, designed for residential use, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this Ordinance, factory-built homes include mobile homes, manufactured homes and modular homes and also include park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred and eighty (180) consecutive days.

FACTORY-BUILT HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more factory-built home lots for sale or rent.

FLOOD: A temporary rise in stream’s flow or stage that results in water overflowing its banks and inundating areas adjacent to the channel or an unusual and rapid accumulation of runoff or surface waters from a source.

FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.

FLOODWAY: The channel of a river or stream and those portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will not result in substantially higher flood levels and flow velocities.

LOWEST FLOOR: The floor of the lowest enclosed area in a building including a basement except when all the following criteria are met:

a. The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of 5-2-3(2)(c)(1) and;

b. The enclosed area is unfinished (not carpeted, drywalled, etc.) and is used solely for low damage potential uses such as building access, parking, or storage, and;

c. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least 1.0 ft. above the 100-year flood level, and;

d. The enclosed area is not a “basement” as defined in this section.

In cases where the lowest enclosed area satisfies criteria a, b, c and d above, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above.

SPECIAL FLOOD HAZARD AREA: The land within a community subject to a one percent (1%) or greater chance of flooding in any given year. This land is identified as Zone A on the Flood Insurance Rate Map.

STRUCTURE: Anything constructed or erected on the ground or attached to the ground including but not limited to buildings, factories, sheds, cabins, factory-built homes, storage tanks, and other similar uses.

SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. (Ord. 786, passed 6-15-92)

SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage” regardless of the actual repair work performed. This term does not, however, include either: (Ord. 786, passed 6-15-92)

1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions, or

2. Any alteration will not preclude the structure’s continued designation as a “historic structure.” (Ord. 786, passed 6-15-92)

3. Any addition which increases the original floor area of a building by 25 percent or more. All additions constructed on or after the effective date of the first floodplain management regulations adopted by the community shall be added to any proposed addition in determining whether the total increase in original floor space would exceed 25 percent.

100-YEAR FLOOD: A flood, the magnitude of which has a one percent (1%) change of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every one hundred (100) years. (Ord. 689, passed 8-1-88)

EXISTING CONSTRUCTION – Any structure for which the “start of construction” commenced before the effective date of the first floodplain management regulations adopted by the community. May also be referred to as “existing structure”.

EXISTING FACTORY-BUILT-HOME PARK OR SUBDIVISION – A factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the first floodplain management regulations adopted by the community.

EXPANSION OF EXISTING FACTORY-BUILT HOME PARK OR SUBDIVISION – The preparation of additional sites by the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FLOOD ELEVATION – The elevation floodwaters would reach at a particular site during the occurrence of a specific flood. For instance, the 100-year flood elevation is the elevation of flood waters related to the occurrence of the 100-year flood.

FLOOD INSURANCE RATE MAP (FIRM) – The official map prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community.

FLOODPLAIN – Any land area susceptible to being inundated by water as a result of a flood.

FLOODWAY FRINGE – Those portions of the floodplain, other than the floodway, which can be filled, leveed, or otherwise obstructed without causing substantially higher flood levels or flow velocities.

MINOR PROJECTS – Small development activities (except for filling, grading and excavating) valued at less than $500.

NEW CONSTRUCTION – (new buildings, factory-built home parks) – Those structures or development for which the start of construction commenced on or after the effective date of the first floodplain management regulations adopted by the community.

NEW FACTORY-BUILT HOME PARK OR SUBDIVISION – A factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the first floodplain management regulations adopted by the community.

ONE HUNDRED (100) YEAR FLOOD – A flood, the magnitude of which has a one (1) percent chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every one hundred (100) years.

RECREATIONAL VEHICLE – A vehicle which is:

a. Built on a single chassis:

b. Four hundred (400) square feet or less when measured at the largest horizontal projection:

c. Designed to be self-propelled or permanently towable by a light duty truck; and

d. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational camping, travel, or seasonal use.

ROUTINE MAINTENANCE OF EXISTING BUILDINGS AND FACILITIES – Repairs necessary to keep a structure in a safe and habitable condition that do not trigger a building permit, provided they are not associated with a general improvement of the structure or repair of a damaged structure. Such repairs include:

a. Normal maintenance of structures such as re-roofing, replacing roofing tiles and replacing siding:

b. Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work:

c. Basement sealing:

d. Repairing or replacing damaged or broken window panes:

e. Repairing plumbing systems, electrical systems, heating or air conditioning systems and repairing wells or septic systems.

VARIANCE – A grant of relief by a community from the terms of the floodplain management regulations.

VIOLATION – The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations.

(Ord. No. 1090, 12-6-10)

Chapter 1-Zoning Regulations

Subchapter 1A Short Title and Definitions

5-1A-1 SHORT TITLE
5-1A-2 DEFINITIONS

5-1A-1 SHORT TITLE: This Title shall be known and may be cited and referred to as the “Zoning Regulations.”

5-1A-2 DEFINITIONS: For the purpose of this Title, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word “building” shall include the word “structure” and the word “shall” is mandatory and not directory.

Accessory Buildings. A subordinate building 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 which is located on the same lot with such principal building or use.

Basement. A story having part but not more than one-half (1/2) of its height below grade. A basement is counted as a story for the purpose of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.

Boarding House. See Lodging House.

Building. Any structure having a roof supported by columns or walls built for the support, shelter, or enclosure of persons, animals, chattel, or property of any kind, but not including any vehicle, trailer, with or without wheels, nor any movable device, such as furniture, machinery, or equipment. When any portion of a building is completely separated from any other portion thereof by a division wall without openings or by a fire wall, then each such portion shall be deemed to be a separate building.

Building, Height of. The vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roof.

Building Official. The individual designated by the City Manager to administer this Title and who is responsible for the enforcement of the regulations imposed by this Title.

Cellar. A story having more than one-half (1/2) of its height below grade.

Clinic. An establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.

Domesticated Animals. Any animals which are raised, tended, groomed, maintained, boarded or kept for the purpose of commercial gain or for hobby purposes with the exception of pets.

Dwelling. Any building or portion thereof which is used exclusively for residential purposes. A dwelling shall be on a permanent foundation with no wheels, axles or hitches, and shall be connected to the City sewer and water system. A dwelling shall be at least twenty feet in width and have a minimum floor area of 800 square feet. The owner of any building classified as a dwelling shall surrender the title, if one exists, to the Jackson County Assessor and request that the dwelling be listed as real estate.

Dwelling, Single Family. A building designed to be occupied exclusively by one family.

Dwelling, Two (2) Family. A building designed to be occupied exclusively by two (2) families.

Dwelling, Multiple. A building designed for or occupied exclusively by more than two (2) families.

Dwelling Unit. One or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined herein.

Family. One or more persons related by blood, marriage, or adoption occupying a dwelling unit as an individual housekeeping organization. A family may include not more than two (2) persons not related by blood, marriage, or adoption.

Farm. An area exceeding 10 acres used for the purpose of growing agricultural products and/or raising domesticated animals and accessory uses. Farming does not include livestock operations which can be described as feedlots; confinement areas; sale barns; or holding, transfer, or sale stations.

Filling Stations. Any building or premises used for the retail sale of motor vehicle fuels and/or accessory oils, fluids, etc. Accessory repair services are included uses provided the premises are not used for storage of wrecked or junked motor vehicles for periods exceeding 30 days.

Floor Area. The total number of square feet of floor space within the exterior walls of a building, not including space in cellars or basements; however, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off street parking requirements.

Frontage. The measure of a parcel that lies in direct contact with a public street.

Garage, Private. A detached accessory building, or portion of the main building, housing the automobiles of the occupants of the premises.

Garage, Public. Any building or premises used as a business to repair, sell or trade motor vehicles, except no wrecked or junked motor vehicles may be stored outside for more than 30 days.

Grade. The average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five (5) feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be grade.

Home Occupations. Any business, profession, occupation or trade conducted for gain or support within a residential building or any accessory structure thereto, which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building.

Hotel. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding house or lodging house as herein defined.

Institution. A building occupied by a nonprofit corporation or a nonprofit establishment for public use.

Lodging House. A building or place where lodging and boarding is provided, or which is equipped regularly to provide lodging and boarding by pre-arrangement for definite periods, for compensation, for three (3) or more, but not exceeding twelve (12) individuals, not open to transient guests, in contradistinction to hotels open to transients.

Lot. A parcel of land occupied or intended for occupancy by a use permitted in this Title, including one main building together with its accessory buildings, open spaces and parking spaces required by this Title, and having its principal frontage upon a street.

Lot, Corner. A lot abutting upon two (2) or more streets at their intersection.

Lot, Depth of. The mean horizontal distance between the front and rear lot lines.

Lot, Double Frontage. A lot having frontage on two (2) nonintersecting streets, as distinguished from a corner lot.

Lot of Record. A lot or parcel of land, the deed of which has been recorded in the office of the County Recorder of Jackson County, Iowa, prior to the adoption of this Title.

Motel, Motor Court, Motor Lodge or Tourist Court. Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used or intended wholly or in part for the accommodation of automobile transients.

Manufacturing. The process of taking any number of raw or finished materials and producing a finished product not intended for retail sale on the premises.

Nonconforming Use. Any building or land lawfully occupied for a use at the time of passage of this Title or amendment thereto which does not conform after the passage of this Title or amendment thereto with the use regulation of the district in which it is situated.

Nursing Home. A home for the aged or infirm, in which three (3) 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.

Parking Space. An area sufficient in size to store an automobile together with a driveway connecting the space to the street. For all uses except in an R-1 district, the term parking space shall include sufficient area to permit maneuvering into and out of the space. The maneuvering area and/or parking area may not include public walkways.

Pets. Any animal maintained or capable of being kept in the home for noncommercial, personal enjoyment. For the purposes of this Ordinance, pets shall not include domesticated animals normally thought of as farm or ranch animals including cows, pigs, horses, chickens, ducks, turkeys, geese, or other fowl, goats, or sheep; nor shall it include any animal normally thought of as wild.

Premises. A lot, together with all buildings and structures thereon.

Required Rear Yard. That portion of the rear yard, extended forward from the rear lot line, which comprises the minimum setback distance for the zone in which it is located.

Satellite Devices. Any device designed to receive, transmit, or translate signals from television and other satellites, or other broadcasting devices for home and personal use. For the purposes of this Ordinance, satellite devices shall be considered accessory buildings and subject to all regulations that apply to accessory buildings. Area taken up by satellite devices shall be computed by squaring the largest width.

Commercial use of satellite devices are Special Uses.

Setback. The distance required to obtain minimum front, side or rear yard space requirements as measured from the property line as required by this Ordinance.

Sign. An identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land, and which directs attention to a product, place, activity, person, institution or business.

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 (3′) above the top floor level, and in which space not more than sixty percent (60%) of the floor area is finished off for use. A half story may be used for occupancy only in conjunction with and by the occupancy of the floor immediately below.

Street. A public way which affords the principal means of access to abutting property.

Structure. Anything constructed or erected, the use of which requires permanent location on the ground; or attached to something having a permanent location on the ground and including, but not limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas.

Structural Alteration. Any change except those required by law or this Code, that would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beam or girders, not including openings in bearing walls as permitted by other regulations.

Trailer or Mobile Home Park. An area where two (2) 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.

Yard. An open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this Title.

Yard, Front. That portion of the full width of the lot that exists from the street right-of-way to the closest structure. Corner lots have two front yards, and must meet minimum set back requirements for each. Double frontage lots shall have the street exposure closest to the main entrance of the structure as the front yard.

Yard, Rear. The yard extending the full width of the lot between a main building and the rear lot line.

Yard, Side. A yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line.

Subchapter 1B District Boundaries and General Regulations

5-1B-1 DISTRICTS
5-1B-2 DISTRICT MAP
5-1B-3 ANNEXATION
5-1B-4 VACATED PUBLIC WAYS
5-1B-5 BOUNDARY RULES
5-1B-6 EXCEPTIONS

5-1B-1 DISTRICTS: In order to classify, regulate and restrict the locations of trades, industries, and the location of buildings designed for specified uses; to regulate and limit the height and use of the lot areas; and to regulate and determine the areas of yards, courts, and other open spaces surrounding such buildings, the City is hereby divided into districts which shall be known as:

1. “A-1” Agricultural District.

2. “R-1” Residential District.

3. “R-2” General Residential District.

4. “B-1” Central Business District.

5. “B-2” General Business District.

6. “I-1” Light Industrial District.

7. “I-2” Middle Industrial District.

8. “I-3” Heavy Industrial District.

5-1B-2 DISTRICT MAP: The boundaries of these districts are shown upon the “District Map” which accompanies and is made a part of this Title. Said Map and all the information shown thereon shall have the same force and effect as if all was fully set forth or described herein. The original of this Map is properly attested and is on file with the City Clerk.

5-1B-3 ANNEXATION: All territory which may hereafter be annexed to the City of Maquoketa, shall be classified in the A-1 Agricultural District until, within a reasonable time after annexation, the annexed territory shall be appropriately classified by ordinance in accordance with Subchapter 1R of this Title.

5-1B-4 VACATED PUBLIC WAYS: Whenever any street or other public way is vacated by official action of the City of Maquoketa, the zoning district adjoining each side of such street or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

5-1B-5 BOUNDARY RULES: Where uncertainty exists with respect to the boundaries of the various districts as shown on the District Map, the following rules shall apply:

1. Where a boundary is given a position within a street, alley or nonnavigable stream, it shall be deemed to be in the center of the street, alley or stream, and if the actual location of such street, alley or stream varies slightly from the location as shown on the District Map, then the actual location shall control.

2. Where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.

3. Where a boundary line is shown adjoining or coincident with a railroad, it shall be deemed to be in the center of the railroad right-of-way and distances measured from a railroad shall be measured from the center of the designated main line track.

4. Where the district boundaries follow or approximately follow platted lot lines or other property lines, the district boundaries shall be construed to follow the platted lot lines or other property lines.

5. In unsubdivided property, unless otherwise indicated, the district boundary line shall be determined by the use of the scale contained on such map.

5-1B-6 EXCEPTIONS:

1. No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered nor shall any building or land be used except for the purpose permitted in the district in which the building or land is located.

2. No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered except in conformity with the height, yard, area per family, parking and other regulations prescribed herein for the district in which the building is located.

3. The minimum yards and other open spaces including lot area per family required by this Title shall be provided for each and every building or structure hereafter erected, and such minimum yards, open spaces, and lot areas for each and every building or structure whether existing at the time of passage of this Title or hereafter erected shall not be encroached upon or be considered as a yard or open space requirement for any other building or structure.

4. Every building hereafter erected or structurally altered shall be located on a lot abutting a public street that has been dedicated to and accepted by the City, and in no case shall there be more than one main building on one lot unless otherwise provided in this Title.

Subchapter 1C Argicultural District

5-1C-1 “A-1” DISTRICT REGULATIONS
5-1C-2 USE REGULATIONS
5-1C-3 PARKING REGULATIONS
5-1C-4 HEIGHT AND AREA REGULATIONS

5-1C-1 “A-1” DISTRICT REGULATIONS: The regulations set forth in this Chapter or set forth elsewhere in this Title, when referred to in this Chapter, are the regulations in the “A-1” Agricultural District.

5-1C-2 USE REGULATIONS: The “A-1” District is intended for use by professional or amateur agriculturists who raise crops or livestock for profit or hobby purposes. A building or premises shall be used for the following purposes:

1. Residences of owner/operator or hired help limited to a maximum of three (3) dwelling units.

2. Barns, sheds, or outbuildings for the storage of crops. Crops stored on the premises shall be limited to crops grown by the owner or tenant on the premises.

3. Barns, sheds, or outbuildings for the storage of crops.

4. Barns, sheds, or outbuildings for the storage or repair of the owner’s or operator’s farm equipment or machinery.

5. Commercial radio tower or satellite devices.

6. Landing field or strip for aircraft.

7. Riding stable not less than ten (10) acres.

5-1C-3 PARKING REGULATIONS: Refer to Subchapter 1L.

5-1C-4 HEIGHT AND AREA REGULATIONS: Refer to Subchapter 1K.

Subchapter 1D “R-1” Residential District

5-1D-1 “R-1” DISTRICT REGULATIONS
5-1D-2 USE REGULATIONS
5-1D-3 PARKING REGULATIONS
5-1D-4 HEIGHT REGULATIONS
5-1D-5 AREA REGULATIONS
5-1D-6 DEFINITION OF RECREATIONAL VEHICLE AND VESSEL
5-1D-7 REGULATIONS GOVERNING RECREATIONAL VEHICLES AND
VESSELS
5-1D-8 HOME OCCUPATIONS

5-1D-1 “R-1” DISTRICT REGULATIONS: The regulations set forth in this Chapter or set forth elsewhere in this Title, when referred to in this Chapter, are the regulations in the “R-1” Residential District.

5-1D-2 USE REGULATIONS: A building or premises shall be used only for the following purposes:

1. Single family dwellings.

2. Two (2) family dwellings.

3. Churches.

4. Public buildings, parks, playgrounds, community center, and recreational vehicle campsites in City Parks as designated by Council Resolution.
(Ord. 773, 1-6-92)

5. Public schools, elementary and high, and private education institutions having a curriculum the same as ordinarily given in public schools, and having no rooms regularly used for housing and sleeping rooms.

6. Home occupations.

7. Golf courses, except miniature courses or practice driving tees operated for commercial purposes.

8. Temporary buildings, the uses of which are incidental to the construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two (2) years from the time of erection of such temporary buildings, whichever is sooner.

9. Cemetery or mausoleum on sites not less than twenty (20) acres.

Signs: Refer to the Subchapter 1O, Signs.

Accessory buildings and uses including, but not limited to, accessory private garages, swimming pools, home barbecue grills, accessory storage, and accessory off street parking and loading space.

5-1D-3 PARKING REGULATIONS: Off street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Subchapter 1L.

5-1D-4 HEIGHT REGULATIONS: No building shall exceed two and one-half (2 1/2) stories nor shall it exceed thirty-five (35′) feet except as provided in Subchapter 1K.

5-1D-5 AREA REGULATIONS:

1. Yard Regulations. Subject to the modifications set out in Subchapter 1K, the regulations are as follows:

a. Front Yard. There shall be a front yard of not less than thirty (30′) feet.

b. Side Yard. There shall be a side yard on each side of a lot of not less than seven feet (7′).

c. Rear Yard. There shall be a rear yard of not less than thirty feet (30′).

d. Front Porch Reconstruction.

If a residence was constructed prior to January 1, 1964, with a front porch that does not comply with the front yard or side yard setback requirements, then the front porch may be rebuilt provided that the overall square footage of the porch is not increased and the existing nonconforming front and side yard setbacks are not decreased.

2. Minimum Lot Area.

a. A lot occupied by a single family dwelling shall contain not less than seven thousand two hundred (7,200) square feet and shall not be less than sixty feet (60′) in width.

b. A lot occupied by a two (2) family dwelling shall contain not less than nine thousand (9,000) square feet and shall not be less than seventy-five feet (75′) in width.

c. A lot having an area or width less than herein required and which was recorded under separate ownership from adjoining lots at the effective date of this Title may be occupied by a single family dwelling or by any other permitted nonresidential use.

5-1D-6 DEFINITIONS OF RECREATIONAL VEHICLE AND VESSEL: As used in this Ordinance, camping and recreational vehicles and equipment is defined as and shall include the following:

Recreational Vehicle: A general term for a vehicular unit not exceeding thirty-six (36) feet in overall length, eight (8) feet in width, or twelve (12) feet in overall height, which applies to the following specific vehicle types:

1. Camper Trailer. A folding or collapsible vehicular structure without its own power, designed as a temporary living quarters for travel, camping, recreation, and vacation uses and which is licensed and registered for highway use.

2. Travel Trailer. A rigid structure, without its own motive power, designed as a temporary dwelling for travel, camping, recreation, and vacation use; licensed and registered for highway use; and which when equipped for the road, has a body width of not more than eight (8) feet.

3. Truck Camper. A portable structure, without its own motive power, designed to be transported on a power vehicle as a temporary dwelling for travel, camping, recreation, and vacation use; and which in combination with the carrying vehicle is licensed and registered for highway use.

4. Motor Home. A vehicular unit built on or as a part of a self-propelled motor vehicle chassis, primarily designed to provide temporary living quarters for travel, camping, recreation, and vacation use, and which is for highway use licensed and registered.

5. Boat Trailer. A vehicular structure without its own motive power, designed to transport a recreational vessel for recreation and vacation use, for highway use and which is licensed and registered.

6. Horse Trailer. A vehicular structure without its own motive power designed primarily for the transportation of horses and which, in combination with the towing vehicle, is licensed and registered for highway use.

7. Utility Trailer. A vehicular structure without its own motive power designed and/or used for the transportation of all manner of motor vehicles, goods, or materials and licensed and registered for highway use.

Recreational Vessel: A general term applying to all manner of watercraft, other than a seaplane on water, whether impelled by wind, oars, or mechanical devices, and which is designed primarily for recreation or vacation use. A recreation vessel, when mounted upon a boat trailer, and its towing vehicle, when parked, shall be considered one (1) unit, exclusive of its towing vehicle.

5-1D-7 REGULATIONS GOVERNING RECREATIONAL VEHICLES AND VESSELS: Any owner, lessee, or bailer of a recreational vehicle may park one such vehicle or one such vessel on a single lot in a residential district, subject to the following:

1. Such recreational vehicle or vessel shall be maintained in a clean, well kept state so as not to detract from the appearance of the surrounding area.

2. If such recreational vehicle or vessel is equipped with liquefied gas containers, such containers shall meet the standards of either the Interstate Commerce Commission or the Federal Department of Transportation or the American Society of Mechanical Engineers, as such standards exist on the date of passage hereof. Further, the valves of such liquefied petroleum gas containers must be closed when the vehicle or vessel is not being readied for immediate use, and in the event that leakage is detected from such liquefied petroleum gas containers, immediate corrective action must be taken.

3. At no time shall such parked recreational vehicle or vessel be occupied or used for living, sleeping, or housekeeping purposes except as provided in Sub-section (4) of this Section.

4. It shall be lawful for only non-paying guests at a residence in a residential district to occupy one recreational vehicle or vessel, parked subject to the provisions of this Ordinance, for sleeping purposes only for a period not exceeding seventy-two (72) consecutive hours. The total number of days during which a recreational vehicle or vessel may be occupied under this Subsection shall not exceed fourteen (14) in any calendar year.

5. Such recreational vehicle or vessel may be parked in the following manner:

a. Inside any enclosed structure which structure otherwise conforms to the zoning requirement of that particular location.

b. Outside in the side yard or in the rear yard, and shall not be nearer than two (2) feet to any side or rear lot lines.

c. Parking of recreational vehicles or vessels is permitted in front driveway or an area adjacent to the driveway, provided:

1. Space is not available in the side yard, or there is no reasonable access to either the side or rear yard. A lot shall be deemed to have reasonable access to the rear yard if terrain permits and an access can be had without substantial damage to existing large trees or landscaping. A corner lot shall normally be deemed to have reasonable access to the rear yard.

2. Inside parking is not possible.

3. The recreational vehicle or vessel may not extend over the public sidewalk or publicly owned right-of-way.

d. The City Manager or Chief of Police may issue a permit for parking on any City street or alley for a period not to exceed seventy-two (72) hours.

e. The City Manager or Chief of Police may issue a permit for parking more than one recreational vehicle or more than one recreational vessel on a single lot in a residential district.

f. The owner of a recreational vehicle or recreational vessel parked on a single lot in a residential district shall also be the owner or the renter of such residential lot.

5-1D-8 HOME OCCUPATIONS:

5-1D-8 (1) Definition: “Home Occupations” means any business, profession, occupation or trade conducted for gain or support within a residential building or an accessory structure thereto, which is incidental and secondary to the use of such a building for dwelling purposes and which does not change the essential residential character of such building.

5-1D-8 (2) Home Occupations Inspector. There is hereby created the position of Home Occupations Inspector and this position shall be discharged by the City Manager. The Home Occupations Inspector is hereby given the authority to enforce this Ordinance. The powers of the Home Occupations Inspector shall include but not be limited to:

a. The authority to issue a misdemeanor citation for a violation of this Ordinance and to issue a municipal infractions citation or a notice to abate nuisance for a violation of this Ordinance.

b. The authority to inspect residential real estate for the enforcement of this Ordinance.

c. The authority to determine that the particular use of a residence comes within one of the exceptions to this Home Occupation Ordinance under 5-1D-8-(3); and the authority to grant or deny an application for a home occupation permit.

d. The authority to make a redetermination of a decision made under 5-1D-8-(3).

5-1D-8 (3) Exceptions. Notwithstanding the definition of home occupations set forth above, certain occupations that are pursued partially or entirely in a district zoned R-1, R-2, R-3 and A-1 may be excluded from the requirements and regulations of this Ordinance by determination of the Home Occupations Inspector. Those occupations that may be excluded from the operation of this Ordinance are:

a. McNess dealers
b. Amway dealers
c. Avon dealers
d. Mary Kay products dealers
e. Home Interior salespersons
f. Insurance salespersons
g. Sewing and alterations
h. Seed corn or agricultural products
i. Salesperson
j. Woodworking
k. Catering from the home and home baking
l. Any other home occupation which the Home Occupations Inspector has determined has such an insignificant impact on the neighborhood that it may be exempt from the requirement to apply for and obtain a Home Occupations Permit.

The Home Occupations Inspector, in making his determination to exempt an occupation from the operation of this Ordinance shall, take into consideration whether the home occupation and residence substantially complies with the requirements of 5-1D-8-(7) (a through j); and, the Home Occupations Inspector shall also consider the comments of neighbors within 200 feet of the premises in question.

5-1D-8 (4)Permit Required.

a. It shall be unlawful for any person to carry on a business, profession, occupation or trade at a residence in an area of the City zoned R-1 or R-2 or R-3 or A-1, unless the person has applied for and received a permit to do so or has obtained an exemption under 5-1D-8-(3) from the Home Occupations Inspector. Each day that this Ordinance is violated shall be a separate violation of this Ordinance.

b. It shall be unlawful for a title holder to real estate to knowingly allow a person to use the real estate for a home occupation in violation of this Ordinance after title holder has received written notice from the Inspector that the real estate is being used in violation of this Ordinance and seven days have elapsed from the receipt of that notice.

c. It shall be unlawful for anyone who is granted a permit to carry on a Home Occupation to violate any of the rules and regulations set forth at Section 5-1D-8-(7) of this Ordinance and of the Municipal Infractions Ordinance.

5-1D-8 (5) Penalty. Each violation of this Ordinance shall create a simple misdemeanor.
(Ord. 991, Passed April 19, 2004)

5-1D-8 (6) Nuisance. In addition, any violation of this Ordinance may be subject to abatement as a nuisance under Title 3 Chapter 2 of the Code of Ordinances.

5-1D-8 (7) General Regulations. It shall be unlawful to operate a business, profession, occupation or commercial activity within a district zoned R-1, R-2, R-3, or A-1 unless the person operating the business complies with the following regulations:

A. The business, profession, occupation or activity shall employ only members of the immediate family living within the dwelling. No more than one person other than a member of the family may be employed on a temporary basis and such employees shall be limited to a total of not more than thirty (30) individual days in any twelve (12) month period for all the employees’ combined time.
(Ord. 774, 1-6-92)

B. The Home Occupation shall be conducted entirely within the principal dwelling unit or permitted accessory building.

C. A Home Occupation shall not occupy more than the equivalent of thirty (30%) percent of the gross floor area of one (1) story of each building. A Home Occupation may occupy the entire gross floor area, of any accessory building. This restriction shall not apply to persons who operate child care services.
(Ord. 776, 2-3-92)

D. There shall be no outdoor display or storage of equipment or material used in the Home Occupation that shall indicate from the exterior that the building is being utilized in whole or in part for any other purpose other than that of a dwelling. This restriction shall not apply to persons who operate child care services. (Ord. 776, 2-3-92)

E. No Home Occupation shall permit generation or emission of noise, vibration, smoke, dust, or other particulate matter, odorous matter, humidity, glare, refuse, radiation, or other objectionable emission that will be detrimental to the residential character of the neighborhood at any time.

F. No Home Occupation shall be permitted which is noxious, offensive, or hazardous by reason of vehicular traffic, parking of vehicles or pedestrian traffic.

G. Spaces for off-street parking and loading shall be provided in compliance with provisions set forth in Subchapter 1L, Off-Street Parking Requirements, for any type of home occupation or commercial activity that would require more than two off-street parking spaces.

H. Any sign or display shall be limited to one (1) only and shall not exceed two (2) square feet in size. It shall carry only the name and occupation of the occupant of the premises. The sign or display shall be non-lighted and non-reflective in nature and shall be attached to the dwelling or accessory building or located within two (2) feet thereof.

I. Occasional garage sales are exempt from the provisions of this Ordinance. Garage sales that are conducted for more than three (3) consecutive days or more than three garage sales in any twelve (12) month period are considered to be Home Occupations and are subject to the provisions of this Ordinance.

J. No Home Occupation shall be permitted in an accessory building that had previously been used as a dwelling unit or residence. No Home Occupation shall be expanded upon an adjacent residential lot or separately platted parcel of land other than the lot where the home or principal building is located.
(Ord. 774, 1-6-92)

It shall be unlawful to operate a motor vehicle repair or motorcycle repair or small engine repair business within a district zoned R-1, R-2, R-3 or A-1 and such a business shall not be granted a Home Occupation permit by the Inspector; however, the operator of a small engine repair business may appeal the decision of the Inspector under the appeal procedure in 5-1D-8-(10).

5-1D-8 (8) Home Occupation Permit. Any person wishing to operate a Home Occupation must make application for a Home Occupation Permit upon forms provided by the Home Occupations Inspector.

Upon receipt of the application the Home Occupations Inspector shall set a hearing upon the Application and shall cause one publication of notice of the date, time, place and purpose of the hearing. The publication shall appear in the newspaper selected for official notices not less than 5 days before and not more than ten days before the date of the hearing.

The hearing shall be conducted informally by the Home Occupations Inspector and upon the conclusion of the hearing the Home Occupations Inspector may grant the permit, deny the permit, or determine that the occupation is an exception under 5-1D-8-(2). The decision of the Home Occupations Inspector must be communicated in writing within five days of the conclusion of the hearing.

The Home Occupations Inspector shall deny the application for the permit if the applicant has not complied with the requirements of 5-1D-8-(7) (a through j). Any decision of the Home Occupations Inspector may be appealed under 5-1D-8 (10).

Should an applicant be denied a permit for failure to comply with 5-1D-8 (7) (a through j), the applicant may appeal for an exemption from one or more requirements for 5-1D-8 (7), (a through j), by using the appeal procedure in 5-1D-8 (10).

5-1D-8 (9) Consent to Inspection. The signature of the applicant upon the application shall grant the consent by the applicant to an inspection of the Home Occupation premises by the Home Occupations Inspector. Failure by the applicant to allow for the inspection of the premises by the Home Occupations Inspector shall be grounds for refusal to grant a permit or a determination by the Inspector.

5-1D-8 (10) Appeal. The applicant or a neighbor who lives within 200 feet of the applicant’s residence or the Council Person for the applicant’s Ward may appeal any decision made by the Home Occupations Inspector under this Ordinance.

The applicant or neighbor or Council Person shall state his/her objection to the decision of the Home Occupations Inspector in writing and mail or deliver the Appeal to the City Manager at City Hall. The Appeal must include the name, address and signature of the person making the Appeal and the name and address of the person operating the Home Occupation subject to the Appeal. The Appeal must be mailed or delivered no later than twenty days after the decision of the Inspector has been made.

The City Manager shall place the matter of the Appeal on the City Council Agenda for the regularly scheduled meeting of the Council following receipt of the Appeal.

The City Council shall take up the matter of the Appeal in public session and shall by resolution uphold the decision of the Inspector or reverse the decision of the Inspector with instructions for the correction of the decision which may include an exemption from one or more requirements of 5-1D-8 (7) (a through j). The Council shall consider the requirements of Section 5-1D-8 (7) and the comments of the neighbors and the applicant in ruling upon the Appeal.

A party to the Appeal who is aggrieved by the decision of the Council may seek a remedy for that decision in the District Courts of the State of Iowa as provided by law.

5-1D-8 (11) Effective Date. This Ordinance shall take effect the day it is duly enacted by the Council, signed, and published. However, no citations for violations of this Ordinance shall be issued until after September 1, 1991.

5-1D-8 (12) Repeal Section. The Council hereby repeals Sections 5-1D-8 ((1 through 3)), and, all other Sections that cannot be read in conformity with this Ordinance are hereby repealed. (Ord. 751, 5-20-91)

Subchapter 1E “R-2” General Residential District

5-1E-1 “R-2” DISTRICT REGULATIONS
5-1E-2 USE REGULATIONS
5-1E-3 PARKING REGULATIONS
5-1E-4 HEIGHT REGULATIONS
5-1E-5 AREA REGULATIONS
5-1E-6 DEFINITION OF RECREATIONAL VEHICLE AND VESSEL
5-1E-7 REGULATIONS GOVERNING RECREATIONAL VEHICLES AND VESSELS
5-1E-8 HOME OCCUPATIONS

5-1E-1 “R-2” DISTRICT REGULATIONS. The regulations set forth in this Chapter or set forth elsewhere in this Title, when referred to in this Chapter, are the regulations of the “R-2” General Residential District.

5-1E-2 USE REGULATIONS. A building or premises shall be used only for the following purposes:

1. Multiple family dwellings.

2. Board and lodging houses.

3. Private clubs and lodges.

4. Hospitals, clinics or institutions not primarily for the mentally ill or those with contagious diseases, provided that less than forty percent (40%) of the total land area is occupied by buildings and that all the required yards are increased by one foot (1′) for each one foot (1′) of building height in excess of height limits as specified in this Title.

5. Hospitals, nursing homes, clinics and educational, philanthropic or religious institutions, except for those for criminals or for the mentally ill.
(Ord. No. 1095, Passed 8-1-11)

6. Nursery school.

7. Any allowable use in the R-1 Residential District.

5-1E-3 PARKING REGULATIONS. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Subchapter 1L.

5-1E-4 HEIGHT REGULATIONS. The height regulations are the same as those in the “R-1” Residential District.

5-1E-5 AREA REGULATIONS.

1. Yards. The front, side, and rear yard regulations are the same as those in the “R-1” Residential District.

2. Minimum Lot Area.

a. A lot occupied by a single-family dwelling or a boarding or lodging house shall contain not less than six thousand (6,000) square feet and shall be not less than fifty (50′) feet in width.

b. A lot occupied by a two-family dwelling or a multiple-family dwelling shall contain not less than three thousand (3,000) square feet for each dwelling unit and shall be not less than fifty (50′) feet in width.

c. A lot occupied by three or more dwelling units shall contain not less than one thousand and five hundred (1,500) square feet for each dwelling unit and shall be not less than sixty (60′) feet in width.

d. A lot having an area or width less than herein required and which was recorded under separate ownership from adjoining lots at the effective date of this Ordinance may be occupied by a single-family dwelling or by any other permitted non-residential use.

5-1E-6 DEFINITION OF RECREATIONAL VEHICLE AND VESSEL. The definitions are the same as those in the R-1 Residential District.

5-1E-7 REGULATIONS GOVERNING RECREATIONAL VEHICLES AND VESSELS. The regulations are the same as those in the R-1 Residential District.

5-1E-8 HOME OCCUPATIONS. The regulations governing Home Occupations are the same as those in Section 5-1D-8 in the R-1 Residential District.

Subchapter 1F “B-1” General Business District

5-1F-1 “B-1” DISTRICT REGULATIONS
5-1F-2 USE REGULATIONS
5-1F-3 PARKING REGULATIONS
5-1F-4 HEIGHT REGULATIONS
5-1F-5 AREA REGULATIONS

5-1F-1 “B-1” DISTRICT REGULATIONS. The regulations set forth in this Chapter or set forth elsewhere in the Title, when referred to in this Chapter, are the regulations in the “B-1” General Business District.

5-1F-2 USE REGULATIONS. Buildings and premises shall be used for any commercial establishment in the Title whose primary purpose is retail trade, but restricted in that any activities that could be labeled as manufacturing are limited to those actions necessary to prepare the final product for retail sale. Examples of permitted uses are:

General retail sales such as hardware, clothing, gifts, bakery items, drug stores, notions, restaurants, taverns, appliances, radio/TV shops, florists, and theaters.

General office uses such as banks, savings and loans, public offices, attorneys, doctors, dentists, insurance, real estate, investment counseling and business offices.

General service businesses such as barber shops, beauty shops, tailoring, gas stations parking lots, photo labs, photograph studios, newspaper, media offices and accountants.

Apartments, as accessory use to structure.

Car dealerships, agricultural machinery dealerships, other motorized or RV vehicle dealerships, mobile home sales, car washes, auto body repair shops, automotive repair shops, skating rinks, bowling, dance halls and recreational vehicle campsites. (Ord. 773-1-6.92)

Truck stops, drive-in restaurants, dry cleaners, motels, laboratories, animal clinics, wholesale merchandise distributorship, veterinary clinics, private, for profit schools and private clubs.

Commercial greenhouse or nursery.

Wholesale merchandizing or storage warehouse. (Not including grain storage.)

General service and repair establishments including dyeing or cleaning works or laundry, plumbing and heating, printing, painting, upholstering or tinsmithing.

Compounding of cosmetics, toiletries, drugs and pharmaceutical products.

Outdoor advertising in accordance with Subchapter OH.

Accessory buildings.

Broadcasting station.

Any allowable use in “R-2” Residential Districts. (Ord. 882, passed 11-4-96)

5-1F-3 PARKING REGULATIONS. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Subchapter 1L.

5-1F-4 HEIGHT REGULATIONS. No building shall exceed six (6) stories nor shall it exceed seventy-five feet (75′) except as provided in Subchapter 1K.

5-1F-5 AREA REGULATIONS.

1. Yards.

a. The front and rear yard regulations for dwellings are the same as those in the “R-1” Residential District. No front or rear yards for commercial buildings are required except on the rear of a lot abutting an “R-1” or “R-2” District, in which event a rear yard of not less than thirty feet (30′) shall be provided.

b. The side yard regulations for dwellings are the same as those in the “R-1” Residential District. No side yards for commercial buildings are required except on the side of a lot abutting an “R-1”, “R-2”, or “R-3” District, in which event a side yard of not less than thirty feet (30′) shall be provided. (Ord. 773, 1-6-92)

Subchapter 1G “B-2” Central Business District

5-1G-1 “B-2” DISTRICT REGULATIONS
5-1G-2 USE REGULATIONS
5-1G-3 PARKING REGULATIONS
5-1G-4 HEIGHT REGULATIONS
5-1G-5 AREA REGULATIONS

5-1G-1 “B-2” DISTRICT REGULATIONS. The regulations set forth in this Chapter, or set elsewhere in this Title, when referred to in this Chapter, are the regulations in the “B-2” Central Business District.

5-1G-2 USE REGULATIONS. (Revised).

Any allowable use in “B-1” General Business District. (Ord. 882, passed 11-4-96)

5-1G-3 PARKING REGULATIONS. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Subchapter 1L. The off-street parking requirements shall not apply to existing commercial buildings in the B-2 Central Business District.

5-1G-4 HEIGHT REGULATIONS. No building shall exceed six (6) stories nor shall it exceed seventy-five feet (75′) except as provided in Subchapter 1K.

5-1G-5 AREA REGULATIONS.

1. Yards.

a. No front or rear yards for commercial buildings are required except on the rear of a lot abutting an “R-1” or “R-2” District, in which event a rear yard of not less than two feet (2′) shall be provided.

b. The front, rear and side yard regulations for dwellings are the same as those in the R-1 Residential district
(Ord. No. 1021, Passed 3-20-06)

Subchapter 1H “I-1” Light Industrial District

5-1H-1 “I-1” DISTRICT REGULATIONS
5-1H-2 USE REGULATIONS
5-1H-3 PARKING REGULATIONS
5-1H-4 HEIGHT AND AREA REGULATIONS

5-1H-1 “I-1” DISTRICT REGULATIONS. The regulations set forth in this Chapter or set forth elsewhere in this Title, when referred to in this Chapter, are the regulations in the “I-1” Light Industrial District.

5-1H-2 USE REGULATIONS (REVISED). The Light Industrial District is intended to provide a low density buffer zone between heavy industrial and other uses. The types of uses are intended to be warehousing, distributory, and light manufacturing. The processing of raw materials intended for shipment to other locations for further manufacturing is not allowed. Examples of permitted uses are:

Manufacture of dental, optical, drafting, musical, electronic, recreation or computer components or products.

Manufacture or storage of food products provided that no unprocessed foods are used. Processing of flour would be permitted, processing of wheat into flour would not. Manufacturing of dairy products from processed milk would be allowed, processing of milk would not.

Manufacture or assembly of hardware, ornamental iron, sheetmetal, appliances, tools enameled products, provided no melting, smelting, or foundry work is involved.

Manufacture or assembly of rugs, mattresses and clothing.

Manufacture or assembly of boxes, crates, furniture, baskets, veneers, or other wood products.

Any similar manufacturing or assembly process, provided that the work does not involve any potential for the creation of or dispersement of environmental pollutants.

Accessory buildings and uses.

Any allowable use in “B-1” Business District. (Ord. 882, passed 11-4-96)

5-1H-3 PARKING REGULATIONS. Refer to Subchapter 1L.

5-1H-4 HEIGHT AND AREA REGULATIONS. Refer to Subchapter 1K.

Subchapter 1I “I-2” Middle Industrial District

5-1I-1 “I-2” DISTRICT REGULATIONS
5-1I-2 USE REGULATIONS
5-1I-3 PARKING REGULATIONS
5-1I-4 HEIGHT REGULATIONS
5-1I-5 AREA REGULATIONS

5-1I-1 “I-2” DISTRICT REGULATIONS. The regulations set forth in this Chapter or set forth elsewhere in this Title, when referred to in this Chapter, are the regulations in the “I-2” Middle Industrial District.

5-1I-2 USE REGULATIONS. The I-2 Middle Industrial District is intended for those purposes which may be deemed as having potential for regulated air, water, ground or noise pollution. Examples are:

Chemicals, Petroleum, Coal and Allied Products
Acid and derivatives
Acetylene
Ammonia
Carbide
Caustic soda
Cellulose and cellulose storage
Chlorine
Coke oven products (including fuel gas) and coke oven products storage
Creosote
Distillation, manufacture, or refining of coal, tar, asphalt, wood and bones
Processing of chemicals from one state to another or alteration of the chemical composition of a substance.
Explosives (including ammunition and fireworks) and explosives storage
Fertilizer (organic)
Fish oils and meal
Glue, gelatin (animal)
Hydrogen and oxygen
Lamp black, carbon black and bone black
Nitrating of cotton or other materials
Petroleum, gasoline and lubricating oil refining, and wholesale storage
Plastic materials and synthetic resins
Potash
Pyroxylin
Turpentine and resin
Wells, gas and oil
Clay, Stone and Glass Products
Brick, firebrick, refractories and clay products (coal fired)
Cement, lime, gypsum, or plaster of Paris
Minerals and earths; quarrying, extracting, grinding, crushing, and processing

Metals and Metal Products

Aluminum powder and paint manufacture
Blast furnace, cupolas
Blooming mill
Metal and metal ores, reduction, refining, smelting, and alloying
Scrap metal reduction or smelting
Steel works and rolling mill (ferrous)

Wood and Paper Products

Match manufacture
Wood pulp and fiber, reduction and processing

Any allowable use in the I-1 Light Industrial District.

5-1I-3 PARKING REGULATIONS. Refer to Subchapter 1L.

5-1I-4 HEIGHT REGULATIONS. Refer to Subchapter 1K.

5-1I-5 AREA REGULATIONS. Refer to Subchapter 1K.

Subchapter 1J “I-3” Heavy Industrial District

5-1J-1 “I-3” DISTRICT REGULATIONS
5-1J-2 USE REGULATIONS
5-1J-3 PARKING REGULATIONS
5-1J-4 HEIGHT REGULATIONS
5-1J-5 AREA REGULATIONS

5-1J-1 “I-3” DISTRICT REGULATIONS. The regulations set forth in this Chapter or set forth elsewhere in this Title, when referred to in this Chapter, are the regulations in the “I-3” Heavy Industrial District.

5-1J-2 USE REGULATIONS. The “I-3” Heavy Industrial District is intended for those purposes which may be deemed as having potential for regulated air, water, ground or noise pollution.

Examples of “I-3” uses are:

Manufacture of explosives (including ammunition and fireworks) and explosives storage

Rendering and storage of dead animals, garbage or waste products

Food and beverages
Fat rendering
Fish curing, packing and storage
Slaughter of animals
Starch manufacture

Unclassified Industries and Uses
Hair, hides, and raw fur, curing, tanning, dressing, dyeing and storage
Stockyards
Junkyards and auto wrecking yards

Processing or storage of radioactive materials done in accordance with applicable federal and state regulations.

Buildings, structures, or enclosures for storage or processing of grain or agricultural products not grown by the owner or tenant on the premises.

Any allowable use in the “I-2” Middle Industrial District.

5-1J-3 PARKING REGULATIONS. Refer to Subchapter 1L.

5-1J-4 HEIGHT REGULATIONS. Refer to Subchapter 1K.

5-1J-5 AREA REGULATIONS. Refer to Subchapter 1K.

Subchapter 1K Additional Height and Area Regulations

5-1K-1 SETBACK REQUIREMENTS FOR I-1, I-2, AND I-3 DISTRICTS
5-1K-2 PUBLIC BUILDINGS AND INSTITUTIONS, HEIGHT OF
5-1K-3 HEIGHT OF CHIMNEYS, STEEPLES AND LIKE STRUCTURES
5-1K-4 ACCESSORY BUILDINGS, AREA AND LOCATION
5-1K-5 ACCESSORY BUILDINGS, USE FOR DWELLING PURPOSES
5-1K-6 YARD UNOBSTRUCTED
5-1K-7 BASEMENT NOT OCCUPIED
5-1K-8 PROJECTING STRUCTURES IN REAR YARD
5-1K-9 OMITTED
5-1K-10 OMITTED
5-1K-11 SIDE YARD, TWO FAMILY AND MULTIPLE DWELLING
5-1K-12 GROUPS OF COMMERCIAL OR INDUSTRIAL BUILDINGS, OPEN SPACE REQUIRED
5-1K-13 GROUPS OF RESIDENTIAL, INSTITUTION OR HOTEL BUILDINGS,
OPEN SPACE REQUIRED
5-1K-14 COURTS, MINIMUM DIMENSION REQUIRED
5-1K-15 SIDE YARDS FOR RESIDENTIAL USES ABOVE OTHER
5-1K-16 DOUBLE FRONTAGE, REQUIRED FRONT YARD ON BOTH STREETS
5-1K-17 YARD REQUIREMENTS FOR CORNER LOTS
5-1K-18 SIDE YARD WIDTH
5-1K-19 FRONT YARDS, ADJUSTMENT IN RELATION TO EXISTING BUILDINGS
5-1K-20 BED AND BREAKFAST FACILITIES
5-1K-21 DECKS AND PORCHES
5-1K-22 DEFINITIONS
5-1K-23 HANDICAP RAMPS

5-1K-1 SETBACK REQUIREMENTS FOR I-1, I-2, AND I-3 DISTRICTS.

1. Front Yards. Front yard setbacks for all industrial districts shall be thirty feet (30′) or two feet (2′) of lineal setback for every one foot (1′) of building height, whichever is greater.

Front yard regulations for dwellings in an industrial district are the same as those in the R-1 Residential district.

2. Side Yards. Side yard setbacks for all industrial districts shall be zero feet (0’).

Side yard regulations for dwellings in an industrial district are the same as those in the R-1 Residential district.

3. Rear Yard. Rear yard setbacks for all industrial districts shall be thirty feet (30′).

Rear yard regulations for dwellings in an industrial district are the same as those in the R-1 Residential district.

4. The front and rear yard regulations for commercial/ non-industrial use buildings in the I-1, I-2, and I-3 Industrial Districts shall be the same as those setbacks in the B-1 General Business District. No rear yards for commercial buildings are required, except on the rear of a lot abutting an R-1 and R-2 Residential District, in which event a rear yard of not less than thirty feet (30′) shall be provided.

5. If a building contains both a business and industrial use in the I-1, I-2, and I-3 Districts, the industrial setback requirements shall prevail.

6. Existing business and commercial uses in existence in the I-1, I-2, and I-3 Industrial Districts at the time of the adoption of this Ordinance shall be allowed to continue and expand in their present location and shall not be considered as non-conforming uses for the purposes of the enforcement of this Ordinance.

5-1K-2 PUBLIC BUILDINGS AND INSTITUTIONS, HEIGHT OF. Public, semipublic or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60′) feet if the building is set back from each yard line at least one foot (1′) for each two feet (2′) of additional building height above the height limit otherwise provided in the district in which the building is located.

5-1K-3 HEIGHT OF CHIMNEYS, STEEPLES, AND LIKE STRUCTURES. Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, ornamental towers, spires, wireless towers, grain elevators, or necessary mechanical appurtenances, are exempt from the height regulations as contained herein.

5-1K-4 ACCESSORY BUILDINGS, AREA AND LOCATION.

1. Location. Accessory buildings may be built in a required rear yard, but such accessory buildings shall not occupy more than fifty percent (50%) of the required rear yard area and shall not be nearer than two feet (2′) to any side or rear lot lines and shall be located ten feet (10′) more in back of or behind the main building. The two foot side yard setback shall be measured from the overhang or eve of the building.

2. Distance from the Main Building. If the accessory building is located closer than ten feet (10′) to the main building, then the accessory building shall be regarded as part of the main building for purposes of determining side and rear yard areas.

3. Entrance from Alley. If the accessory building is a garage which is entered from an alley and is not located closer than ten feet (10′) to the main building, then there shall be a rear yard of not less than ten feet (10′).

4. Height Restriction. No accessory building in a residential district shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed fifteen (15′) in height at the highest point from the ground level.

5-1K-5 ACCESSORY BUILDINGS, USE FOR DWELLING PURPOSES. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes.

5-1K-6 YARD UNOBSTRUCTED. Every part of a required yard shall be open to the sky, unobstructed by any structure, except for the projection of sills, belt course and cornices which do not exceed twelve inches (12″). Ornamental structures, hedges, play structures (with the exception of play houses), mass plantings (non trees) and handrails which do not obstruct vision from or within the public right of way are permitted.

5-1K-7 BASEMENT NOT OCCUPIED. No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed.

5-1K-8 PROJECTING STRUCTURES IN REAR YARD. Open lattice enclosed fire escapes, fireproof outside stairways, balconies opening upon fire towers and the ordinary projections of chimneys and flues into the rear yard are permitted.

5-1K-9 OMITTED

5-1K-10 OMITTED

5-1K-11 SIDE YARD, TWO FAMILY AND MULTIPLE DWELLINGS. For the purpose of this side yard regulation, a two (2) family dwelling, or a multiple dwelling, shall be considered as one building occupying one lot.

5-1K-12 GROUPS OF COMMERCIAL OR INDUSTRIAL BUILDINGS, OPEN SPACE REQUIRED. Where a lot or tract is used for farming or for a commercial or industrial purpose, more than one main building may be located upon the lot or tract, but only when such buildings conform to all open space and setback requirements around the lot for the district in which the lot or tract is located.

5-1K-13 GROUPS OF RESIDENTIAL, INSTITUTIONAL OR HOTEL BUILDINGS, OPEN SPACES REQUIRED. In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for multiple dwelling, institutional, motel or hotel purposes, there may be more than one main building on the lot; provided however, that the open space between buildings that are parallel shall have a minimum dimension of twenty feet (20′) for one story buildings, thirty feet (30′) for two (2) story buildings and forty feet (40′) for three (3) or four (4) story buildings.

5-1K-14 COURTS, MINIMUM DIMENSION REQUIRED. Where an open space is more than fifty percent (50%) surrounded by a building, the minimum width of the open space shall be at least twenty feet (20′) for one story buildings, thirty feet (30′) for two (2) story buildings, and forty feet (40′) for three (3) or four (4) story buildings.

5-1K-15 SIDE YARDS FOR RESIDENTIAL USES ABOVE OTHER USES. No side yards are required where dwelling units are erected above commercial and industrial structures.

5-1K-16 DOUBLE FRONTAGE, REQUIRED FRONT YARD ON BOTH STREETS. Where lots have double frontage, the required front yard shall be provided on both streets.

5-1K-17 YARD REQUIREMENTS FOR CORNER LOTS. The required side yard street side of a corner lot shall be the same as the required front yard on such street, except that the building width shall not be reduced to less than thirty-two feet (32′) and no accessory building shall project beyond the required front yard on either street.

5-1K-18 SIDE YARD WIDTH. Whenever a lot at the effective date of this Title has a width of less than sixty feet (60′) the side yards may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than five feet (5′).

5-1K-19 FRONT YARDS, ADJUSTMENT IN RELATION TO EXISTING BUILDINGS. The front yards heretofore established shall be adjusted in the following cases:

1. Where forty percent (40%) or more of the frontage on the same side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have, with a variation of five feet (5′) or less, a front yard greater in depth than herein required, new buildings or additions to existing buildings shall not be erected closer to the street than the front yard so established by the existing building nearest the street line.

2. Where forty percent (40%) or more of the frontage on one side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have a front yard of less depth than herein required, then:

A. Where a building or building addition is to be erected on a parcel of land that is within one hundred feet (100′) of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent building on each side.

B. Where a building or building addition is to be erected on a parcel of land that is within one hundred feet (100′) of an existing building on one side only, such building or building addition may be erected as close to the street as the existing adjacent building.

5-1K-20 BED AND BREAKFAST FACILITIES. (Adopted September 3, 1991).

1. Intentions. The City wishes to limit the use of homes in the City for the accommodation of overnight guests and allow the limited accommodation of overnight guests in some homes in the R-2 General Residential District of the City. A bed and breakfast home is viewed as a way for property owners to supplement the renovation, upkeep and maintenance on large historically significant homes. Bed and breakfast homes in the R-2 General Residential District are not intended to be commercial business located in a residential setting.

2. Definition. A bed and breakfast home is any dwelling used for accommodation of overnight guests for a fee or for the service of food and beverages to overnight guests for a fee. A bed and breakfast home shall be no less than fifty years old as of the date of this Ordinance and shall be the primary residence of the record title holder of the real estate; and shall have no more than six rooms used for overnight stays by guests and the home shall be located in an R-2 General Residential District of the City. Overnight guests shall mean persons not related within the third degree as defined by Iowa law or not related by marriage, who remain at the bed and breakfast home for a period of four (4) hours after midnight of any twenty-four hour period.

3. Bed and Breakfast Permitted. It shall be lawful for the record title holder of any real estate who complies with all requirements of this Ordinance to provide accommodations for overnight guests for a fee or provide food and beverages for a fee to overnight guests.

4. Regulations. Person or persons or any business entity that provides overnight accommodations for a fee or food or beverages for a fee at a bed and breakfast home shall comply with the following restrictions and regulations:

A. The bed and breakfast home shall be at least 50 years old as of the date of this Ordinance.

B. The bed and breakfast home shall be the primary residence of the record title holder of the real estate on which the home is located.

C. The bed and breakfast home shall be in an R-2 General Residential District.

D. The bed and breakfast home shall have no more than six rooms designed for overnight accommodation of guests.

E. The bed and breakfast home shall have at least one off-street parking space per overnight guest room plus one parking space for the owner-manager.

F. The bed and breakfast home shall have no more than two signs, or more than one sign per street frontage, or a sign that is larger than a total of two square feet. Signs on bed and breakfast homes shall have no internal lighting. Signs shall be attached to the bed and breakfast home or shall project from two sides of the home less than one foot.

G. The owner shall not allow the use of the bed and breakfast home for serving of food or beverages to groups or individuals who are not overnight guests during the 12 hours preceding or succeeding the service of food and beverages.

H. The owner shall not allow the use of the bed and breakfast home for meetings of persons who are not overnight guests during the 12 hours preceding or succeeding the meeting under the circumstance that a fee is charged.

5. Violations. A violation of this section constitutes a municipal infraction.

6. Non-Conforming Use. Any bed and breakfast home that was granted a special use permit by the Zoning Board prior to the adoption of this Ordinance shall be classified as a non-conforming use and allowed to continue to operate indefinitely within the limitations of the special use permit but without restriction to the expiration date stated in the permit and such operation shall not constitute a violation of this Ordinance. Specifically, the existing bed and breakfast home located at 418 West Pleasant Street need not be the primary residence of the record titleholders and may be managed by an employee who resides in the home, shall be allowed to expand within the existing structure to a total of nine rooms for guests, and shall provide one off-street parking space for each guest room. The home also shall be available for meetings of not to exceed 25 persons who need not be overnight guests and the home shall be permitted to serve coffee, soft drinks, desserts, refreshments and snacks but not full luncheons or dinners to persons at the meetings.

7. Bed and Breakfast Homes in Business Districts. Bed and breakfast homes shall be permitted use in the B-1 General Business District and the B-2 General Business District and shall comply with the same sections of the zoning ordinance that govern hotels and motels. (Ord 762, passed 10-3-91)

5-1K-21 DECKS AND PORCHES. A deck, porch or enclosed porch area shall be considered as an extension of the building and shall conform to the same setback requirements as the building. (Ord. 773, passed 1-6-92)

5-1K-22 DEFINITIONS. For use within 5-1K, these definitions will apply:
“Deck”: a structure with no roof and no walls
“Porch”: a structure with a roof and no walls
“Enclosed Porch”: a structure with a roof and with walls
“Patio or Terrace”: a paved area or platform no more than twelve inches above the ground

5-1K-23 HANDICAP RAMPS. Handicap ramps may project into a required yard as long as the platform area is no greater than five (5) feet in width, the ramp is no greater than four (4) feet in width, the ramp and/or platform area are not covered or enclosed and the ramp and/or platform area do not block or obstruct vision from the right of way. All handicap ramps must be approved by the Building Official.
(Ord. No 1022, Passed 3-20-06) (Ord. No. 1094, Passed 8-1-11)

Subchapter 1L Off Street Parking

5-1L-1 GENERAL REGULATIONS
5-1L-2 MINIMUM NUMBER OF SPACES
5-1L-3 OFF STRET PRKING SPACE LAYOUT, STANDARDS, CONSTRUCTION
AND MAINTENANCE
5-1L-4 OFF STREET LOADING AND UNLOADING
5-1L-5 USES NOT OTHERWISE INCULDED WITHIN A SPECIFIC DISTRICT
5-1L-6 EXEMPTION—HOME OCCUPATION

5-1L-1 GENERAL REGULATIONS. There shall be in all districts at the time of erection or enlargement of any main building or structure, automobile off street parking spaces with adequate access to all spaces in conjunction with all land or building uses shall be provided, prior to the issuance of a certificate of occupancy.

1. Off-street parking spaces may be provided within a rear or side yard which
is in excess of the minimum yard setback unless otherwise provided. Off-
street parking may be provided within a front yard which is in excess of the
minimum front yard setback in all Business and Industrial Districts.

2. Off street parking for other than residential use shall be either on the same
lot or within three hundred (300) feet of the building it is intended to serve,
measured from the nearest point of the off street parking lot. Ownership or
control of the parking lot shall be shown by the applicant.

3. Required residential off street parking spaces shall consist of a parking
strip, bay, driveway, garage or any combination thereof, and shall be located
on the premises which they are intended to serve.

4. Minimum required off street parking spaces shall not be replaced by any
other use unless and until equal parking facilities are provided elsewhere.

5. Off street parking existing at the effective date of this Ordinance in
connection with the operation of an existing building or use shall not be
reduced to an amount less than required for a similar new building.

6. Two or more buildings may collectively provide the required number of
parking spaces in which the required number of spaces shall not be less than
the sum of the requirements for the individual computed separately.

7. In the instance of dual function of off street parking spaces where operating
hours if buildings do not overlap, the Board of Appeals may grant an exception.

8. The storage of merchandise, motor vehicles for sale, or the repair of motor
vehicles is prohibited.

9. For those uses not specifically mentioned, the requirements for off street
parking facilities shall be in accord with a use which the Planning Commission
considers is similar in type.

10. When units or measurements determining the number of required parking
spaces result in the requirement of a fractional space, any fraction up to and
including one-half (½) shall be disregarded and fractions over one-half (½)
shall require one (1) parking space.

11. For the purpose of computing the number of parking spaces required, the
definition of USABLE FLOOR AREA shall govern.

5-1L-2 MINIMUM NUMBER OF SPACES. The minimum number of off street parking spaces by type shall be determined in accordance with the following schedule:

USE NUMBER OF MINIMUM PARKING SPACES PER UNIT OF MEASURE
1. Residential
a. Residential, One Family and Two
Family

b. Residential, Multiple Family

c. Housing for the Elderly

d. Mobile Home Park
-Two (2) for each dwelling unit.

-Two (2) for each dwelling unit

-One (1) for each two (2) units, and one (1)
for each employee. Should units revert to
general occupancy, then (2) spaces per
unit shall be provided.

-Two (2) spaces per unit.

USE NUMBER OF MINIMUM PARKING SPACESPER UNIT OF MEASURE
2. Institutional
a. Churches or Temples

b. Hospitals

c. Convalescent or Nursing

d. Elementary and junior high schools

e. Senior high schools

f. Private clubs or lodge halls

g. Private golf clubs, swimming pool
clubs, tennis clubs or other similar
uses

h. Golf courses open to the general
public, except miniature or “par 3”
courses

i. Fraternity or sorority

j. Stadium, sports arena, or similar
place of outdoor assembly

k. Theaters, auditoriums, and
gymnasiums -One (1) for each three (3) seats or six (6)
feet of pews in the main unit of worship.

-One (1) for each (1) bed.

-One (1) for each four (4) beds.

-One (1) for each one (1) teacher,
employee, or administrator, in addition to
the requirements of the auditorium and
gymnasium.

-One (1) for each one (1) teacher, employee
or administrator, and one (1) for each ten
(10) students, in addition to the
requirements of the auditorium and
gymnasium.

-One (1) for each three (3) persons allowed
within the maximum occupancy load as
established by local, county, or state fire,
building or health codes.

-One (1) for each two (2) member families
or individuals plus spaces required for
each accessory use such as a restaurant or
bar.

-Six (6) for each one (1) golf hole and one
(1) for each one (1) employee, plus spaces
required for each accessory use, such as a
restaurant or bar.

-One (1) for each five (5) permitted active
members, or one (1) for each two (2)
beds, whichever is greater.

-One (1) for each three (3) seats or six (6)
feet of benches.

–One (1) for each three (3) seats plus one (1) for each two (2) employees.

USE NUMBER OF MINIMUM PARKING SPACES PER UNIT OF MEASURE
2. Institutional
l. Nursery school, day nurseries or child
care centers

m. Public Buildings such as City Halls,
Courthouses, Public Libraries, etc.

-One (1) for each three hundred and fifty (350) square feet of usable floor space.

-one (1) for each employee or administrator
in addition to one (1) for each fifty (50)
square feet of useable floor space in
waiting rooms and meeting rooms.
3. Business and Commercial

a. Planned commercial or shopping
center

b. Auto wash (automatic)

c. Auto wash (self-service or coin
operated)

d. Beauty parlor or barber shop

e. Bowling alleys

f. Dance halls, pool or billiard parlors,
roller skating rinks, exhibition halls
and assembly halls without fixed
seats.

g. Establishment for sale, consumption
on the premises, of beverages, food,
or refreshments

-One (1) for each one hundred twenty-five
(125) square feet of useable floor area.

-One (1) for each one (1) employee. In
addition, reservoir parking spaces equal in
number to five (5) times the maximum
capacity of the auto wash. Maximum
capacity of the auto wash shall mean the
greatest number of automobiles possible
undergoing some phase of washing at the
same time.

-Five (5) for each washing stall in addition
to the stall itself.

-Three (3) spaces for each of the first two
(2) beauty or barber chairs, and one and
one-half (½) spaces for each additional
chair.

-Five (5) for each one (1) bowling lane plus
accessory uses.

-One (1) for each two (2) persons allowed
within the maximum occupancy load as
established by local, county or state fire,
building or health codes.

-One (1) for each seventy-five (75) square
feet of usable floor space or one (1) for
each two (2) persons allowed within the
maximum occupancy load as established
by building, or health codes.

USE NUMBER OF MINIUM PARKING SPACES PER UNIT OF MEASURE
3. Business and commercial
h. Furniture and appliance, household
equipment, repair shops, showroom
of a plumber, decorator, electrician,
or similar trade, shoe repair, and
other similar uses

i. Gasoline service stations

j. Laundromats and coin operated dry
cleaners

k. Miniature or “Par-3” golf courses

l. Mortuary establishments

m. Motel, hotel, or other commercial
lodging establishments

n. Motor vehicle sales and service
establishments

o. Retail stores except as otherwise
specified herein
-One (1) for each eight hundred (800)
square feet of useable floor area. (For that
floor area used in processing, one (1)
additional space be provided for each two
(2) persons employed therein.)
-Two (2) for each lubrication stall, rack, or pit; and one (1) for each gasoline pump.
-One (1) for each two (2) washing and dry- cleaning machines.
-Three (3) for each one (1) hole plus one (1) for each one (1) employee.
-One (1) for each fifty (50) square feet of usable floor space.
-One (1) for each one (1) occupancy unit plus one (1) for each one (1) employee.
-One (1) for each two hundred (200) square feet of usable floor space of sales room and one (1) for each one (1) auto service stall in the service room.
-One (1) for each one hundred and fifty
(150) square feet of usable floor space.

4. Offices
a. Banks, business offices of
professional offices except as
indicated in the following item (b)

b. Professional offices of doctors,
dentists, or similar professions
-One (1) for each two hundred (200) square
feet of usable floor space.

-One (1) for each fifty (50) square feet of
useable floor area in waiting room, and
one (1) for each examining room, dental
chair or similar use area.

USE NUMBER OF MINIMUM PARKING SPACES PER UNIT OF MEASURE
5. Industrial
a. Industrial or research establishments,
and related accessory offices

b. Warehouses and wholesale
establishments and related accessory
offices
-Five (5) plus one (1) for every one and
one-half (1½) employees in the largest
working shift. Space on site shall also
be provided for all construction workers
during periods of plant construction.

-Five (5) plus one (1) for every one (1)
employee in the largest working shift, or
five (5) plus one (1) for every seventeen
hundred (1,700) square feet of usable
floor space, whichever is greater.

5-1l-3 OFF STREET PARKING SPACE LAYOUT, STANDARDS, CONSTRUCTION
AND MAINTENANCE Whenever the off street parking requirements in the above require the building of an off street parking facility, off street parking lots shall be laid out, constructed and maintained in accordance with the following standard regulations:

1. No parking lot shall be constructed unless and until a permit therefore is issued by the Building Inspector. Applications for a permit shall be submitted to the Building Department in such form as may be determined by the Building Inspector and shall be accompanied with two (2) sets of site plans for the development and construction of the parking lot showing that the provisions of this Section will be fully complied with.

2. Plans for the layout of off street parking facilities shall be in accord with the
following minimum requirements:

Parking
Pattern

Maneuvering
Lane Width

Parking Space Width

Parking Space Length Total Width of One Tier of Spaces Plus Maneuvering Lane Total Width of Two Tiers of Spaces Plus Maneuvering Lane
0º parallel 12’ 8’ 23’ 20’ 28’
30º – 53º 12’ 8’6” 20’ 32’ 52’
54º – 74º 15’ 8’6” 20’ 36’6” 58’
75º – 90º 20’ 9’ 20’ 40’ 60’

3. All spaces shall be provided adequate access by means of maneuvering lanes.
Backing directly onto a street shall be prohibited.

4. Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles.

5. Ingress and egress to a parking lot lying in an area zoned for other than single family residential use shall not be across land zoned for single family residential use.

6. Each entrance and exit to and from any off street parking lot located in an area zoned for other than single family residential use shall be at least twenty-five (25) feet distant from adjacent property in any single family residential district.

7. All maneuvering lane widths shall permit one-way traffic movement, except
that the 90º pattern may permit two-way movement.

8. The entire parking area, including parking spaces and maneuvering lanes,
require under this section shall be provided with asphaltic or concrete surfacing in
accordance with specification approved by the City Manager. The parking area
shall be surfaced within one (1) year of the date occupancy permit is issued.

9. Off street parking areas shall be drained so as to dispose of all surface water accumulated in the parking area in such a way as to preclude drainage of water onto adjacent property or toward buildings.

10. All lighting used to illuminate any off street parking area shall be so installed as to be confined within and directed onto the parking area only.

11. In all cases where al wall extends to an alley which is a mans of ingress and egress to an off street parking area, it shall be permissible to end the wall not more than ten (10) feet from such alley line in order to permit a wider means of access to the parking area.

5-1L-4 OFF STREET LOADING AND UNLOADING. On the same premises with every building, structure, or part thereof, involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot, adequate space for standing, loading and unloading in order to avoid undue interference with public use of dedicated right of ways. Such space shall be provided as follows:

1. All spaces shall be provided as required in Subchapter 1L, except as
hereinafter provided for Industrial Districts.

2. Within an Industrial District all spaces shall be laid out in the dimension of at least ten by fifty (10 x 50) feet, or five hundred (500) square feet in area, with a
clearance of at least fourteen (14) feet in height. Loading dock approaches shall
be provided with a pavement having an asphaltic or Portland cement binder so as
to provide a permanent, durable and dustless surface. All spaces in I Districts
shall be provided in the following ration of spaces to floor area:

GROSS FLOOR AREA
(IN SQUARE FEET)
LOADING AND UNLOADING SPACE REQUIRED
0 – 1,400 -None
1,401 – 20,000 -One (1) space.
20,001 – 100,000 -One (1) space plus one (1) space for each twenty
thousand (20,000) in excess of twenty thousand and one
(20,001) square feet.
100,001 and over -Five (5) spaces

3. All loading and unloading in Industrial District shall be provided in the rear or interior side. Loading and unloading shall be permitted in a front yard, provided that there shall be sufficient depth for trucks so as to not block the public right-of-way while loading or unloading.

In those instances where exterior side yards have a common relationship with an
Industrial District across a public thoroughfare, loading and unloading may take
place in said exterior side yard when the setback is equal to at least fifty (50’)
feet.

5-1L-5 USES NOT OTHERWISE INCLUDED WITHIN A SPECIFIC DISTRICT. Because the uses hereinafter referred to possess unique characteristics making it impractical to include them in a specific use district classification, they may be permitted by the Zoning Board of Adjustment under the conditions specified, and after public hearing. In every case, the uses hereinafter referred to shall be specifically prohibited from any Residential Districts, unless otherwise specified.

These uses require special consideration since they service an area larger than the City or require sizeable land areas, creating problems of control with reference to abutting use districts. Reference to those uses falling specifically within the intent of this Section are as follows:

1. Outdoor Theaters. Because outdoor theaters possess the unique
characteristics of being used only after darkness and since they develop a
concentration of vehicular traffic in terms of ingress and egress from their
parking area, they shall be permitted in I-2 and I-3 Districts only. The proposed
internal design of an outdoor theater shall receive approval from the City
manager as to adequacy of drainage, lighting and other technical aspects.

5-1L-6 EXEMPTION – HOME OCCUPATIONS The provisions of this subchapter do not apply to home occupations as defined in Section 5-1C-8, unless the home occupation or commercial activity would require more than two off-street parking spaces. The two off-street parking spaces required for each dwelling unit shall not be counted as available to meet the off-street parking spaces required for the home occupation.

Subchapter 1M Special Uses

5-1M-1 SPECIAL PERMIT
5-1M-2 MAILING TO PROPERTY OWNERS
5-1M-3 WRITTEN PROTEST
5-1M-4 HAZARDOUS SUBSTANCES
5-1M-5 CHANGE OF OWNERSHIP
5-1M-6 CHANGES TO BUILDING

5-1M-1 SPECIAL PERMIT Upon Receipt of application and payment of the $50.00 fee, the Board of Adjustment may, by special permit, after Public Hearing and subject to such reasonable conditions and protective restrictions as are deemed necessary, authorize the following special uses in any district from which they are otherwise prohibited.
(Ord. 823, passed 01-03-94)

1. Trailer or mobile home park, but only when in compliance with Title 3,
Chapter 12 of the City Code, Maquoketa, Iowa.

2. Retail stores in buildings which are classified as non-conforming uses,
provided that the property owner designates the specific type of retail store. If
the ownership of the property changes or if a different type of retail use is
proposed, then the special use permit shall be null and void and the owner shall
be required to apply for anew special use permit. The granting of a special use
permit shall not exempt the owners of such properties from complying with
other provisions of this zoning Ordinance including the parking space
requirements.

3. Bed and Breakfast Lodging Facilities.

4. Temporary light manufacturing in B-1 Business District or B-2 Business
District Zones for a period not to exceed three years. This permit is not
transferable but may be renewable on a case by case basis subject to Section
5-1M-3.
(Ord. 822, passed 12-20-93)

5. Sales and Service of mobile homes including the storage and display of
mobile home units and rental of spaces for recreational vehicles.

6. Racetracks and motorcycle/ATV/snowmobile tracks in I-3 Heavy Industrial Districts.
(Ord. 976, Passed August 19, 2002)
5-1M-2 MAILING TO PROPERTY OWNERS Notice of hearing on a request for a special permit shall be mailed to the owners of record of all lots within five hundred (500) feet of the boundaries of the premises at least five (5) days before the hearing.

5-1M-3 WRITTEN PROTEST If a written protest against a proposed special permit shall be presented to the Board of Adjustment, signed by owners of twenty percent or more of the lots, by area, within two hundred (200) feet of the premises, the special permit shall not be effective, except by a favorable vote of at least three-fourths (¾) of the members of the Board. A majority vote shall be required if no written protest as defined in this section is presented.

5-1M-4 HAZARDOUS SUBSTANCES Any use of premises involving the storage, processing, or manufacturing of hazardous substances shall be reviewed by the City Manager. In reviewing the plans for the use of such substances, the City Manager shall consult with state and federal agencies to determine that the proposed use does not endanger the public health and safety. If the City Manager believes that the applicant has shown that adequate measures will be taken to protect the public a use permit shall be issued. Any denial of a use permit may be appealed by the applicant to the Council within ten day of the denial.

5-1M-5 CHANGE OF OWNERSHIP If the ownership of the property changes or if a different type of use is proposed, then the special use permit shall be null and void and the owner shall be required to apply for a new special use permit. The granting of a special use permit shall not exempt the owners of such properties from complying with the other provisions of this zoning ordinance including the parking space requirements.

5-1M-6 CHANGES TO BUILDING If the owner of a building changes the exterior dimensions of such building, then, the special use permit shall be null and void and the owners shall be required to apply for a new special use permit.

Subchapter 1N Fences

5-1N-1 SIZE AND VISIBILITY
5-1N-2 VISIBILITY
5-1N-3 PERMITS

5-1N-1 SIZE AND VISIBILITY No fence or hedge more than 3 feet high, 4 feet if it is a woven wire fence, may be located in the front yard setback. Fences or hedges of up to six feet high may be erected on those parts of a lot that are further back from a street than the front yard setback. A corner lot has a double front yard setback. Any fence built in an easement is subject to removal at the owner’s expense.
(Ord. 989, Passed February 16, 2004)

5-1N-3 PERMITS Permits are required for all residential fences proposed for construction in front yard set back areas. Permits are required for all public, commercial, and industrial use fences.

Subchapter 1O Signs

5-1O-1 INTENT.
5-1O-2 DEFINITIONS.
5-1O-3 PROHIBITIONS AND REGULATIONS.
5-1O-4 SIZE AND HEIGHT REQUIREMENTS.
5-1O-5 TEMPORARY SIGNS.
5-1O-6 NON-COMPLIANCE.
5-1O-7 ADMINISTRATION AND VARIANCES.
5-1O-8 VIOLATIONS.
5-1O-1 INTENT.

It is the intent of this ordinance to provide for the regulation of signs and to provide for

the administration of this ordinance and to provide for penalties for a violation of this ordinance.

5-1O-2 DEFINITIONS.

For the purposes of this ordinance, these terms shall apply:

1.) “Monument Sign” or “Free-Standing Sign” means any sign supported by a

foundation, uprights, or braces placed in the ground. Such a sign is not supported by any

building. This type of sign is in contact with the ground and is not elevated by a pole or poles.

2.) “Permanent Sign” means a sign that does not advertise a single event such as a yard

sale, an electoral campaign, a real estate sale, or a special event such as a church or civic festival.

A Permanent Sign is made of materials intended for long-term use. Permanent Signs include,

but are not limited to: Wall Signs, Monument or Free-Standing Signs, and Pole Signs.

3.) “Pole Sign” means any sign that is mounted on a freestanding pole or other support

so that the bottom edge of the sign face(s) is above grade. A billboard sign is a type of Pole

Sign.

4.) “Projecting Sign” means a small sign for commercial structures, which is suspended

from a mounting attached directly to the building wall, hangs perpendicular to the building wall,

and possibly extends into a public right-of-way.

5.) “Temporary Sign” means a sign that is not permanently affixed or anchored to a

structure or the ground for long-term use.

6.) “Wall Sign” means any sign attached parallel to a wall, painted on the wall surface

of, or erected and kept within the confines of an outside wall of any building or structure, which

is supported by such wall or building. Wall Signs do not include signs or lettering on doors or

windows. Wall Signs do not include minor directional signs and similar.

5-1O-3 PROHIBITIONS AND REGULATIONS.

The following shall apply:

1.) A Permanent Sign shall not be painted or placed on a structure prior to the issuance

of a building permit for the sign.

2.) A sign shall not be erected on or over the public right-of-way unless a Sidewalk

Obstruction Permit (Title VI, Chapter 13 as amended) has been obtained. This includes, but is

not limited to Pole Signs and signs that are permanently affixed to a building.

3.) A sign shall not obstruct the visibility required by pedestrians or vehicular traffic.

4.) Unless otherwise specified within, all signs shall conform to the setback requirements

for the district in which they are located. However, signs on properties that abut residential

zones, but are larger than signs allowed in residential zones, must have a minimum setback of 25

feet from residentially zoned property.

5.) No sign shall be placed higher than the height requirements of the district in which

the sign is located.

6.) No sign shall exceed the size requirements for the type of sign and the location of the

sign.

7.) No sign shall block a fire escape door or window.

8.) Audible signs are prohibited except for use by city officials, law enforcement, and

emergency vehicles.

9.) No sign will use flashing or strobing lights that substantially imitate lighting used by

emergency vehicles or other applications as used by governmental, emergency, or law

enforcement personnel.

10.) No sign shall contain the words “stop” or “danger” or substantially imitate a sign

posted by governmental officials.

11.) Except for an approved Projecting Sign, a sign or banner shall be securely fixed to a

building or structure and shall not project from the building or structure more than twelve inches.

12.) All signs shall be maintained in a neat and presentable condition and a sign shall not

be a visual nuisance.

13.) A sign advertising a yard sale or a garage sale shall not be posted more than three

(3) days prior to the sale event nor more than one (1) day after the event.

14.) No commercial, special event, church, real estate or garage sale sign shall be placed

on any utility pole or traffic control post or pole.

5-1O-4 SIZE AND HEIGHT REQUIREMENTS.

The following regulations apply:

1.) Wall Signs, Monument or Free-Standing Signs, and Pole Signs are subject to the

following regulations:

a.) These types of signs are eligible uses in all Business and Industrial zoning districts.

b.) Such signs shall not be larger than 100 square feet, except in the B-1 zone where the

maximum size is 300 square feet (Ord. #988, Feb 16, 2004.)

c.) Signs shall not be more than 30 feet high at the top of the sign.

d.) Wall Signs shall not, either singly or in combination, take up more than 50% of the

available wall space per each side of a building.

e.) Pole Signs shall have at least 10 feet of clearance from the ground to the bottom of

the sign and shall not be more than 30 feet high at the top of the sign.

2.) Projecting Signs that overhang a public right-of-way are limited to the Central

Business District, B-2 zoning district. Projecting Signs that do not overhang a public right-of-

way and meet the setback requirements of their zoning district are also allowed.

Further, these regulations shall apply:

a.) Signs shall not have internal lighting, but may have external lighting.

b.) Signs are limited to one per front of a structure. Buildings on corner lots have

double-fronts.

c.) Signs shall not be larger than 16 square feet per side nor more than 4 inches in

thickness.

d.) Signs shall not extend farther than 5 feet from the wall of the building to which

they are attached.

e.) A minimum 10-foot clearance is required between the bottom of the sign and

finished grade.

f.) Signs shall not extend above the roofline of the buildings on which they are

located or 20 feet from finished grade, whichever is less.

g.) Buildings with separate businesses above the ground floor may each have their own

signs. Such signs must have at least 8 feet of separation between them. The higher sign shall not

extend above the roofline of the building.

h.) In addition to the requirements of this Ordinance, signs that would overhang an Iowa

Department of Transportation right-of-way may be subject to obtaining DOT approval.

3.) Churches, schools, professional offices and similar may utilize Monument Signs of

not more than 5 feet in height at the top of the sign and not more than 10 feet in length including

the sign’s base or foundation. Such signs are allowed in the front yard setback unless such

positioning creates a nuisance of any type.

4.) Signs in residential zoning districts remain subject to existing regulations as found

elsewhere in the City of Maquoketa Code of Ordinances.

5.) In the agricultural zoning district, signs shall not exceed 32 square feet in size or 10

feet in height when measured from the average grade of the ground to the top of the sign.

5-1O-5 TEMPORARY SIGNS.

The following shall apply:

1.) Temporary Signs are eligible uses in all Business and Industrial zoning districts and

do not require a building permit if they:

a.) Do not create a sidewalk obstruction if placed in a public right-of-way or a nuisance

of any type if placed in a public right-of-way or a front setback area.

b.) Are not larger than 12 square feet or higher than 4 feet if placed in a public right-of-

way or a front setback area.

c.) Meet the size, height, use, and setback requirements Permanent Signs.

d.) Are not in place for more than 6 months.

5-1O-6 NON-COMPLIANCE.

All Permanent Signs erected prior to the passage of this ordinance shall be classified as

non-conforming uses and shall be governed by Subchapter 1P of this ordinance.

5-1O-7 ADMINISTRATION AND VARIANCES.

The following shall apply:

1.) The City Manager or his/her designee is hereby authorized to administer this

ordinance and he/she is authorized to enter a ruling that a sign does not comply with the

requirements of this Ordinance and he/she may enter an order that the offending sign be removed

or modified.

2.) The Zoning Board of Adjustment shall be authorized to hold a public hearing

regarding a sign variance and make final decision regarding approving or denying the variance.

(ORD. 903, passed 9-8-98)

5-1O-8 VIOLATIONS.

The violation of any provision of this chapter shall constitute a violation of the City of

Maquoketa Code of Ordinances and subjecting the violator to the following penalties:

1.) Any owner who violates provision of this Chapter shall be guilty of a simple

misdemeanor.

2.) Any violation of this Chapter or failure to perform any act or duty or requirement of this

Chapter shall constitute a municipal infraction under Title III, Chapter 17 of this Code of

Ordinances.

3.) The foregoing provisions concerning enforcement of this Chapter are not exclusive but

are cumulative to any other remedies available under state law or local ordinance.

SECTION 2. Repealer. All ordinances or parts of ordinances in conflict with this

ordinance are hereby repealed.

SECTION 3. Severability. If any section, provision or part of this ordinance shall be

adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the

ordinance as a whole or any section, provision, or part thereof not adjudged invalid or

unconstitutional.

SECTION 4. Effective Date. This ordinance shall be in effect after its final passage,

approval, and publication as provided by law.

Passed and approved this 7th day of March, 2016.

___________________________________

Don Schwenker, Mayor

Attest:

___________________________________

Brian Wagner, City Manager

CERTIFICATION

I Brian Wagner, City Manager, do hereby certify the above is a true and correct copy of

Ordinance No. 1130 which was passed by the Maquoketa City Council this 7th day of March and

published in the Maquoketa Sentinel Press this 16th day of March 2016.

_______________________________

Brian Wagner, City Manager

 

Subchapter 1P Nonconforming Uses

5-1P-1 USES CONTINUED OR CHANGED
5-1P-2 USE DESTROYED OR DAMAGED
5-1P-3 USE STOPPED OR DISCONTINUED
5-1P-4 USE EXTENDED

5-1P-1 USES CONTINUED OR CHANGED The lawful use of a building at the time of the adoption of this Title may be continued even though such use does not conform with the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. The foregoing provisions shall also apply to nonconforming uses in districts as may be hereafter changed. Whenever a nonconforming use of building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

5-1P-2 USE DESTROYED OR DAMAGED No building which has been damaged by fire, explosion, Act of God, or the public enemy to the extent of more than sixty-five (65) percent of its assessed value, shall be restored except in conformity with the regulations of this Title.

5-1P-3 USE STOPPED OR DISCONTINUED In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of two (2) years, the use of the same shall thereafter conform to the regulations of the district in which it is located.

5-1P-4 USE EXTENDED A nonconforming use occupying only a portion of a building may be extended throughout the building if the same has been lawfully acquired and actually devoted to such use, previous to the adoption of this Title or any affecting amendments thereof.

Subchapter 1Q Enforcement, Applications and Permits

5-1Q-1 BUILDING OFFICIAL TO ADMINSTER
5-1Q-2 BUILDING PERMIT REQUIRED
5-1Q-3 DETAILS IN APPLICATION
5-1Q-4 BLANK FORMS FURNISHED
5-1Q-5 RECORDS KEPT; PERMIT FEES
5-1Q-6 EXPIRATION OF PERMIT; RENEWAL
5-1Q-7 CERTIFICATE OF OCCUPANCY
5-1Q-8 POSTING OF PERMIT
5-1Q-9 VIOLATION OF PENALTY FEE

5-1Q-1 BUILDING OFFICIAL TO ADMINISTER It shall be the duty of the person designated by the City Manager as Building Official to administer and enforce the regulations contained herein.

5-1Q-2 BUILDING PERMIT REQUIRED It shall be unlawful for a property owner or contractor to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, raising or moving of any building or structure, fences or parking lots, or any portion thereof, without first having applied in writing to the Building Official for a building permit to do so and a building permit has been granted therefor.
(Ord. 1091, 3-7-11)

5-1Q-2 BUILDING PERMIT REQUIRED It shall be unlawful for a property owner or contractor to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, raising or moving of any building or structure, fences or parking lots, or any portion thereof, without first having applied in writing to the Building Official for a building permit to do so and a building permit has been granted therefore. (Ord. 1091, 03-07-11)

5-1Q-3 DETAILS IN APPLICATION Every application for a building permit shall be in writing and delivered to the Building Official and shall be accompanied by a detailed set of plans, in duplicate, showing the size of the proposed building or structure, its location on the lot, the basic materials of which it is to be constructed and the details and type of construction to be used. On the issuance of a permit one set of said plans shall be retained by the Building Official as a permanent record and one set shall be returned to the applicant. In cases of any building or structure to be located outside the fire districts, the Building Official may, at his/her own discretion, permit the substitution of a written statement covering the essential information required in place of said plans.

5-1Q-4 BLANK FORMS FURNISHED Blank forms shall be provided by the Building Official for the use of those applying for permits as provided for in this Title. Any permits issued by the Building Official shall be on standard forms for such purpose and furnished by the City.

5-1Q-5 RECORDS KEPT; PERMIT FEES A careful record of all such applications, plans an permits shall be kept in the office of the City Manager. The fee structure for building permits shall be established by a resolution of the City Council.

5-1Q-6 EXPIRATION OF PERMIT; RENEWAL Any building permit under which no construction work has been commenced within six (6) months after the date of issue of said permit or under which the proposed construction has not been completed within two (2) years of the date of issue shall expire by limitation; and no work or operation shall take place under such permit after such expiration. Upon payment of ten cents ($.10) per month for each one thousand dollars (41,000) of the construction cost of which the original permit was issued but not less than one dollar ($1.00) per month in any case, a building permit may be once extended for a period not exceeding six (6) months by the Building Official.

5-1Q-7 CERTIFICATE OF OCCUPANCY Subsequent to the effective date of this Title no change in the use of occupancy of land, nor any change of use or occupancy in an existing building other than for single family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the Building Official. Every certificate of occupancy shall state that the new occupancy complies with all provisions of the Title. No permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made and approve for a certificate of occupancy and compliance, and no building or premise shall be occupied until such certificate and permit is issued. A record of all certificates of occupancy shall be kept on file in the office of the Building Official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or building affected by such certificate of occupancy.

5-1Q-8 POSTING OF PERMIT It shall be the duty of the holder of any building permit to display said permit at the construction site in a location easily visible from the public right-of-way and to maintain such posting until construction is completed.

5-1Q-9 VIOLATION PENALTY FEE A violation of its ordinance by the commencement of any unlawful act is described above or by failure to comply with any of the requirements of this ordinance shall be punishable by a fine not to exceed one hundred dollars ($100) and each twenty-four (24) hour period from the commencement of the unlawful act or failure to comply may be prosecuted as an individual violation of this ordinance. In addition, a violation of this ordinance by the commencement of an unlawful act or a failure to comply as described above may be prosecuted as a violation of the Municipal Infractions Ordinance and shall be subject to the remedies provided by that ordinance.

In addition to the remedies set forth above, the Building Official may simply increase the fee for the building permit by twenty-five dollars ($25.00), if the applicant has already started construction before the permit was issued.

Note: 5-1Q-1 provides that the Building Official shall enforce the regulations provided in Chapter 5-1Q.
(ORD 862, 12-18-92)

Subchapter 1R Changes and Ammendments

5-1R-1 PROVISIONS FOR AMMENDMENTS
5-1R-2 PETITION FOR CHANGE OR AMENDMENT
5-1R-3 DIRECTED TO ZONING COMISSION
5-1R-4 ZONING COMISSION AMENDMENTS
5-1R-5 ACTION BY ZONING COMISSION
5-1R-6 FILING FEE
5-1R-7 PUBLIC HEARING
5-1R-8 CONDITIONS
5-1R-9 ADDITIONAL NOTICE
5-1R-10 PROTESTING, CHANGE OR AMENDMENT
5-1R-11 RENEWAL OF PETITION
5-1R-12 NOTICE PROVISIONS

5-1R-1 PROVISIONS FOR AMENDMENT An amendment to the zoning ordinance may be accomplished by petition, by direction of the council or by the initiative of the Zoning Commission.

5-1R-2 PETITION FOR CHANGE OR AMENDMENT Whenever the owners of fifty percent (50%) or more of the area of the lots in any district or part thereof desire any amendment, supplement or change in any of the provisions of this title applicable to such area, they may file a petition with the City Clerk requesting the City Council to make such amendment, supplement or change. Such petition shall be accompanied by a map or diagram showing the area affected by the proposed amendment, supplement or changed together with the boundaries of the said area and the names and addresses of all the owners on record in the office of the Count Recorder of Jackson County, Iowa, of lots therein and within a distance of five hundred (500) feet outside of the boundaries of said area; and such petition shall immediately be transmitted to the Zoning Commission for an investigation and report.

5-1R-3 DIRECTED TO THE ZONING COMISSION The City council may by resolution direct that the Zoning Commission study and make recommendations regarding a proposed amendment to the Zoning Ordinance which resolution containing the proposed amendment shall be transmitted to the Zoning Commission.

5-1R-4 ZONING COMMISSION AMENDMENTS the Zoning Commission may by resolution propose an amendment to the Zoning Ordinance and proceed to make recommendations regarding the proposed amendment to the City Council.

5-1R-5 ACTION BY ZONING COMMISSION The Zoning Commission upon receipt of a petition for amendment under 5-1R-2, or a resolution of the Council under 5-1R-3, or upon passing its own resolution under 5-1R-4 shall investigate and recommend to the City Council whether any amendment, supplement or change should be made to the City zoning regulations and ordinances. Within thirty (30) days of the receipt of a proposed amendment, supplement or change, the Zoning Commission shall conduct a public hearing which any and all parities of interest and citizens may attend. The Zoning Commission shall cause to be published in the Maquoketa Sentinel press at least one (1) notice of the meeting and the proposed amendment, supplement or changed not less than seven (7) days and not more than twenty (20) days prior to the public hearing. Within ten (10) days after the public hearing regarding the proposed amendment, the Zoning Commission shall present a written report and recommendation to the City Council. If the Commission has not completed the recommendation within thirty (30) days of receipt of the petition by the Commission, it shall file with the City Council a written report detailing the progress of the commission on the investigation of the recommendation.

5-1R-6 FILING FEE A petition for change or amendment to the zoning district boundaries shall be accompanied by a filing fee of seventy-five dollars ($75.00) . The fee shall be deposited in the General Fund of the City. Denial of the requested change shall not cause the fee to be refunded to the petitioner.

5-1R-7 PUBLIC HEARING After receipt of the Zoning Commissions recommendation, the Council shall consider the amendment, supplement or change at a public hearing during a regularly scheduled Council meeting open to the public. Notice of this hearing shall be provided by publication in the Maquoketa Sentinel Press at least once not less than seven (7) days and not greater than twenty (20) days prior to Council’s consideration of the amendment, supplement or change. Said public hearing shall not take place sooner than the first regularly scheduled Council meeting after notice is published.

5-1R-8 CONDITIONS The Council may impose conditions on a property owner which are in addition to existing regulations if the additional conditions have been agreed to in writing by the property owner before the public hearing required under this section or any adjournment of the hearing. The conditions must be reasonable and imposed to satisfy public needs which are directly caused by the requested change.

5-1R-9 ADDITIONAL NOTICE The City of Maquoketa may, at its discretion, provide additional notice by regular mail to record owners of property located within the property subject to the amendment and to record owners of property within two hundred (200) feet of the exterior boundaries of property subject to the amendment.

5-1R-10 PROTESTING, CHANGE OR AMENDMENT A protest against any proposed amendment, supplement or change may be filed with the City Clerk prior to the public hearing of the Zoning Commission or with the City Council at the public hearing considering the amendment, supplement or change.

The protest must be written and if signed by the owners of twenty percent (20%) or more of the area of the lots included in the proposed change or repeal, or by the owners of twenty percent (20%) or more of the property which is located within two hundred (200) feet or more of the exterior boundaries of the property for which the change or repeal is proposed, then the change or repeal shall not become effective except by the favorable vote of at least three-fourths (¾) of all the members of the Council.

5-1R-11 RENEWAL OF PETITION Whenever a petition requesting an amendment, supplement or change of any regulation prescribed by this title has been denied by the City Council, such petition cannot be renewed for one (1) year thereafter, unless, it be signed by at least fifty percent (50%) of the property owners who previously objected to the change; this provision, however, shall not prevent the City Council from acting on its own initiative in any case at any time provided in this chapter.

5-1R-12 NOTICE PROVISIONS For the purposes of this subchapter, notice of the Planning and Zoning Commission hearings and the City Council meetings regarding amendment, supplements and changes to zoning properties shall include the following information: The date, time and place of the hearing, the proposed amendment, statement that a written protest to the amendment may be presented at the meeting; and that the proposed change shall not become law unless passed by a three-quarter (¾) vote of all members of the council fi the protest is signed by the owners of twenty percent (20%) or more of the area of the lots within the area of the proposed changed or twenty percent (20%) of the area of the lots within two hundred (200) feet of the exterior boundaries of the property for which the change is proposed. The notice must also state that the Council may impose reasonable restrictions are presented in writing at the hearing before the Council.
(Ord. 759, passed 8-19-91)

Subchapter 1S “R-3” General Residential District

5-1S-1 “R-3” DISTRICT REGULATIONS
5-1S-2 USE REGULATIONS
5-1S-3 PARKING REGULATIONS
5-1S-4 HEIGHT REGULATIONS
5-1S-5 AREA REGULATIONS
5-1S-6 DEFINITION OF RECREATIONA VEHICLE AND VESSEL
5-1S-7 REGULATIONS GOVERNING RECREATIONAL VEHICLE AND VESSEL
5-1S-8 HOME OCCUPATIONS

5-1S-1 “R-3” DISTRICT REGULATIONS The regulations set forth in this Chapter or set forth elsewhere in this Title, when referred to in this Chapter, are the regulations of the “R-3” General Residential District.

5-1S-2 USE REGULATIONS A building or premises shall be used only for the following purposes:

1. Any allowable use in the R-1 Residential District

5-1S-3 PARKING REGULATIONS Off street parking spaces shall be provided in accordance with the requirements for specific uses set out in Chapter 1L.

5-1S-4 HEIGHT REGULATIONS The height regulations are the same as those in the “R-1” Residential District.

5-1S-5 AREA REGULATIONS

1. Yard Regulations Subject to the modifications set out in Chapter 1L, the
regulations are as follows:

a. Front Yard There shall be a front yard of not less than thirty feet (30’)

b. Side Yard There shall be a side yard on each side of a lot of not less
than five feet (5’).

c. Rear Yard There shall be a rear yard of not less than thirty feet (30’).

2. Minimum Lot Area

a. A lot occupied by a single family dwelling shall contain not less than
seven thousand two hundred (7,200) square feet and shall not be less than
sixty (60) feet in width.

b. A lot occupied by a two (2) family dwelling shall contain not less than
nine thousand (9,000) square feet and shall not be less than seventy-five feet
(75’) in width.

c. A lot having an area or width less than herein required and which was
recorded under separate ownership from adjoining lots at the effective date
of this Title may be occupied by a single family dwelling or by any other
permitted nonresidential use.

5-1S-6 DEFINITION OF RECREATIONAL VEHICLE AND VESSEL The definitions are the same as those in the R-1 Residential District.

5-1S-7 REGULATIONS GOVERNING RECREATIONAL VEHICLES AND VESSELS The regulations are the same as those in the R-1 Residential District.

5-1S-8 HOME OCCUPATIONS The regulations governing Home Occupations are the same as those in Section 5-1D-8 in the R-1 Residential District.

Subchapter 1T Special Use Permits for Wind Turbines

5-1T-1 PURPOSE AND GENERAL OBJECTIVES.
5-1T-2 DEFINITIONS.
5-1T-3 SPECIAL USE PERMIT REQUIRED.
5-1T-4 APPLICATION SUBMITTALS.
5-1T-5 APPLICATION FEE AND OTHER CITY COSTS.
5-1T-6 APPLICATION PROCESS.
5-1T-7 BOARD DETERMINATION.
5-1T-8 SETBACKS.
5-1T-9 SETBACK WAIVER.
5-1T-10 INSTALLATION.
5-1T-11 FENCING, COLOR, AND GROUND CLEARANCE.
5-1T-12 NOISE.
5-1T-13 AIR SAFETY.
5-1T-14 SIGNAL INTERFERENCE.
5-1T-15 SIGNS.
5-1T-16 UTILITY NOTIFICATION.
5-1T-17 INSURANCE.
5-1T-18 NEW WIND TURBINES.
5-1T-19 NEW BUILDINGS OR STRUCTURES.
5-1T-20 EXCEPTIONS.
5-1T-21 REVOCATION OF A SPECIAL USE PERMIT.
5-1T-22 REMOVAL.

5-1T-1 PURPOSE AND GENERAL OBJECTIVES. In adopting this Chapter, the purpose of this ordinance is to provide for the regulation of any structure designed to harness, use, or store energy from wind power designed and built as either freestanding structures or structures that are attached to a primary or accessory building. It is a subject of legitimate concern for the City to use its zoning powers to preserve the quality of life, preserve the City’s neighborhoods, and to effectively meet the increasing encroachments of this type of technology upon the quality of life within the City.

5-1T-2 DEFINITIONS. As used in this Chapter, the following terms shall have the following meanings:

a.) Wind Turbine. Any structure that is supported, wholly or in part, by the ground or another structure that is designed to harness, use, or store energy from wind power. This term may be used in any of these forms: capitalized, uncapitalized, singular, or plural.

b). Wind Turbine Height. The vertical distance measured from the base of the structure to the top of the tallest blade when the blade is parallel and extending over the base structure.

5-1T-3 SPECIAL USE PERMIT REQUIRED. Wind Turbines are declared to be a permitted use in any zoning district within the City of Maquoketa. However, Wind Turbines and their support structures shall not be permitted unless a special use permit is approved by the Board of Adjustment.

5-1T-4 APPLICATION SUBMITTALS. A person or entity seeking a special use permit shall submit the following information to the city clerk:

a.) A building permit application on forms provided by the City.

b.) A special use permit application on forms provided by the City.

c.) A detailed site plan which shall include:

(1.) The location of any proposed wind turbine (including any guy lines and anchors)

(2.) The proposed location of any proposed supporting structure

(3.) All existing buildings and their dimensions

(4.) The locations of all property lines and the physical dimensions of the property

(5.) The right-of-way of any public road that is contiguous with the property

(6.) The location of any overhead utility lines

(7.) Dimensions between the objects within the site plan

(8.) Demonstrated compliance to all setback requirements as set forth in 5-1T-8 SETBACKS

d.) Four different photographs of the surrounding area from the proposed base, one facing each cardinal direction.

e.) Product information about any proposed wind turbine, including, but not necessarily limited to:

(1.) Wind system specifications, including manufacturer and model

(2.) Noise output as measured in decibels

(3.) Rotor diameter

(4.) Tower height

(5.) Tower type (freestanding or guyed)

(6.) Wind turbine blueprint or drawing

(7.) Wind turbine tower foundation blueprint or drawing.

f.) A written engineering analysis of the wind turbine and tower showing compliance with the Uniform Building Code and certified by a licensed professional engineer.

g.) Documentation that shows that the wind turbine’s electrical components and their manner of installation will conform to the National Electrical Code.

h.) Documentation that demonstrates that, to the reasonable satisfaction of the Board of Adjustment, the proposed wind turbine is safe and the surrounding areas will not be negatively affected by “thrown” ice.

5-1T-5 APPLICATION FEE AND OTHER CITY COSTS. The application fee for a special use permit is $100. The applicant is also obligated to pay to city, within thirty (30) days of billing, all legal, engineering, and/or surveying charges the city incurs as a part of his/her application process.

5-1T-6 APPLICATION PROCESS. A special use permit shall not be granted by the Board of Adjustment unless and until the following requirements are met:
a.) A building permit application, a special use permit application, and all information set out in 5-1T-4 are submitted for review.
b.) Notice of public hearing shall be given at least four (4) and not more than twenty (20) days in advance of public hearing. Notice of public hearing shall occur in the same manner as required by law for variances.
c.) The Board of Adjustment shall consider the following criteria in granting or denying a special use permit, together with any additional criteria the Board finds necessary to protect the public health, safety, and general welfare in accordance with the intent of this title:
(1.) That the proposed location, design, construction, and operation of the proposed use adequately safeguards the health, safety, and general welfare of persons residing or working in adjoining or surrounding property.
(2.) That the proposed construction and use are in compliance with the requirements of this Ordinance.
(3.) That such use shall not unduly increase congestion in the streets or public danger of fire and safety.
(4.) That such use shall not unduly create a threat of damage to either public or private property.
(5.) That such use shall not diminish or impair established property values in adjoining or surrounding property; and
(6.) That such use will not unduly burden public utilities.
5-1T-7 BOARD DETERMINATION. The Board of Adjustment may approve the special use permit as submitted, or before approval, may require that the applicant modify, alter, adjust, or amend the proposal as the Board of Adjustment deems necessary to preserve the intent and purpose of this title in order to promote the health, safety, and general welfare of the community.

5-1T-8 SETBACKS. Wind Turbines must comply with the following minimum setback requirements:

a.) The minimum distance between the wind turbine’s base and any property line shall be 110% of the Wind Turbine Height.

b.) Except for wind turbines with outputs of 10 kW and less, no primary or accessory building shall be within 110% of the Wind Turbine Height.

c.) No other wind turbine shall be located within twice the distance of the Wind Turbine Height of the proposed structure.

d.) Guy wires and guy wire anchors may extend no closer than ten (10) feet to the property boundaries of the installation site.

5-1T-9 SETBACK WAIVER. The Board of Adjustment may reduce any minimum setback distance between structures or property lines if the applicant can provide evidence or documentation that such a waiver is justified.

5-1T-10 INSTALLATION. Installation shall be conducted in compliance with industry and state standards.

5-1T-11 FENCING, COLOR, AND GROUND CLEARANCE. Wind turbines must comply with the following requirements:

a.) All wind turbine towers, including any climbing aids, shall be secured against unauthorized access by means of a locked barrier or security fence 6 feet in height.

b.) Wind turbines must be non-reflective and neutral in color.

c.) Wind turbines shall maintain at least a 25-foot buffer between the bottom of any blade and the ground.

5-1T-12 NOISE. When measured from the property line, wind turbines shall not emit more than 60 dB in residential zones and 75 dB in any other zone. This shall be proven through provided engineered specifications.

5-1T-13 AIR SAFETY. Lighting shall be minimized and allowed only when complying with FAA or other federal or state safety regulations.

5-1T-14 SIGNAL INTERFERENCE. The owner of a wind energy system must take such reasonable steps as are necessary to prevent, eliminate, or mitigate any interference with cellular, radio or television signals caused by the wind energy system.

5-1T-15 SIGNS. No wind turbine, tower, building, or other structure associated with a wind energy system may be used to advertise or promote any product or service. No word or graphic representation, other than appropriate warning signs and owner identification, may be placed on a wind turbine, tower, building, or other structure associated with a wind energy system so as to be visible from any public road.

5-1T-16 UTILITY NOTIFICATION. No wind turbine shall be installed until evidence has been given that the utility company has been informed of the applicant’s intent to install an interconnected customer-owned generator and has received approval from the utility to proceed.

5-1T-17 INSURANCE. The owner-operator of a wind turbine shall maintain casualty and liability insurance in amounts of not less than $500,000.00 for any one accident with limits of $500,000.00 for property damage.

5-1T-18 NEW WIND TURBINES. Any new wind turbine shall obtain a Special Use Permit, regardless if a Permit was obtained for a previous system in the same location.

5-1T-19 NEW BUILDINGS OR STRUCTURES. No new primary or accessory structure shall be built within the 110% setback area of an existing wind turbine without a variance from the Board of Adjustment.

5-1T-20 EXCEPTIONS. This ordinance shall not include decorative windmills that are incapable or producing or storing energy.

5-1T-21 REVOCATION OF A SPECIAL USE PERMIT. Once a special use permit has been granted, it may be revoked, upon notice and warning, for a violation of any of the conditions imposed therein.

5-1T-22 REMOVAL. If any wind turbine is not used for a period of one year or is in a state of disrepair as determined by the City Council, it shall be the duty and obligation of the party then in possession and control of the site to have the unused structure completely dismantled and removed from the site.

(Ord. 1084, Passed 04-05-2010)

Subchapter 1U Special Use Permits for Qualified Storage in Buildings in Residentially Zoned Districts

5-1U-1 PURPOSE AND GENERAL OBJECTIVES.
5-1U-2 DEFINITIONS.
5-1U-3 SPECIAL USE PERMIT REQUIRED.
5-1U-4 APPLICATION SUBMITTALS.
5-1U-5 APPLICATION FEE AND OTHER CITY COSTS.
5-1U-6 APPLICATION PROCESS.
5-1U-7 BOARD DETERMINATION.
5-1U-8 WAIVERS: SETBACKS, HEIGHT, DISTANCES BETWEEN BUILDINGS, AND LOT

SIZE.

5-1U-9 RIGHT OF ENTRY.

5-1U-10 VIOLATION OF A SPECIAL USE PERMIT.

5-1U-1 PURPOSE AND GENERAL OBJECTIVES.

In adopting this Subchapter, the purpose of this ordinance is to provide for the regulation of

Qualified Storage Buildings in residential zones that are not subordinate to, incidental to, or customary

in connection with a principal building (such as a dwelling) on the same lot. It is a subject of

legitimate concern for the City to use its zoning powers to balance the need for such structures with the

need to preserve the City’s existing neighborhoods along with the quality of life within the City.

5-1U-2 DEFINITIONS.

As used in this Subchapter, the term Qualified Storage Building or “Building” shall mean a

structure that has all of the following characteristics and satisfies all of the following requirements:

a.) The building is located on a lot in a residential district (R-1, R-2, or R-3) but its use is not

subordinate to, incidental to, or customary in connection with a principal building on the same lot as

required for “Accessory Buildings” or an “Accessory Use,” as defined in 5-1A-2.

b.) The owner of the lot upon which the building shall be constructed owns and resides upon

another residential lot located no more than 500 feet from the nearest points of the two lots, with each

lot being subject to recorded covenants providing that no interest in either lot shall be sold, leased, or

otherwise conveyed separate or apart from the other for a period of no less than five (5) years from the

date construction of the Building is completed.

c.) The building shall not be used as a dwelling; shall be ineligible for use with respect to any

Home Occupation; and shall not be put to any use which would constitute a violation within the R-1,

R-2, or R-3 Zoning Districts if the building were located on the same lot as the owner’s residence.

d.) The minimum lot line setbacks shall not be less than those of a principal building in the

applicable Residential district in which the building is to be located.

e.) The building may be up constructed up to twenty-five feet high at its roof peak.

f.) The minimum distance between the proposed building and any other building on the lot

shall not be less than ten feet from the nearest points of each.

g.) The maximum number of buildings per lot shall be as follows: two (2) for any lot sixty (60)

feet wide or less; or three (3) for any lot more than sixty (60) feet wide.

h.) The proposed location, design, construction, and use of the proposed building is

harmonious with the surrounding area and is not detrimental to the health, safety, and/or general

welfare of persons residing or working in or on adjacent or surrounding lots.

i.) The use of the building shall not create a threat of damage to either public or private

property.

j.) The building shall not unduly increase congestion upon public streets.

k.) The building shall not unduly burden public utilities.

l.) The building shall be of new construction, consisting of new (i.e. previously unused)

materials.

5-1U-3 SPECIAL USE PERMIT REQUIRED.

Qualified Storage Buildings are declared to be special uses within the R-1, R-2, and R-3 zoning

districts within the City of Maquoketa. No such Buildings shall be permitted unless a special use

permit is approved by the Board of Adjustment following a public hearing. No application for a

special use permit shall be approved unless it satisfies all conditions of this ordinance.

5-1U-4 APPLICATION SUBMITTALS.

A person or entity seeking a special use permit pursuant to this ordinance shall submit the

following information to the city clerk:

a.) A building permit application on forms provided by the City.

b.) A special use permit application on forms provided by the City.

c.) The applicant’s written description of the Building’s intended use.

d.) A detailed site plan which shall include, though not necessarily be limited to:

(1.) The location of the proposed Building along with its dimensions, including its height.

(2.) All existing buildings on the same lot and their dimensions.

(3.) The locations of all property lines and the physical dimensions of the property.

(4.) The right-of-way of any public street that is contiguous to the property.

(5.) The dimensions and locations of any easements on the property.

(6.) Dimensions between buildings located on the site plan.

(7.) Demonstrated compliance to all setback requirements as set forth herein.

(8.) A plan for storm water management, if the City determines that it is necessary.

e.) Four different photographs of the surrounding area from the Building’s proposed location,

one facing each cardinal direction.

f.) An accurate visual representation showing the proposed Building’s appearance upon its

completion (for example elevation drawings for the actual Building and/or photographs or drawings of

a substantially similar building or buildings).

g.) Information concerning the materials to be used in the construction of the Building.

h.) One recorded copy, or alternatively one fully executed original copy of restrictive

covenants providing that no interest in either the lot upon which the Building is proposed to be

constructed or the lot upon which the owner presently resides shall be sold, leased, or otherwise

conveyed separate or apart from the other for a period of no less than five (5) years from the date

construction of the Building is completed.

i.) Any documentation demonstrating that, to the reasonable satisfaction of the Board of

Adjustment, the proposed Building is safe and the surrounding areas will not be negatively affected.

5-1U-5 APPLICATION FEE AND OTHER CITY COSTS.

The application fee for a special use permit is $100. The applicant is also obligated to pay to

the City, within thirty (30) days of billing, all legal, engineering, and/or surveying charges the City

incurs as a part of his/her application process, if applicable.

5-1U-6 PUBLIC NOTICE.

A notice relative to an application for a special use permit pursuant to this ordinance shall be

published in accordance with the requirements of Iowa Code Section 362.3. Additionally, within the

same period of time required for publication of notice pursuant to Iowa Code Section 362.3, the City

shall send public hearing notices by regular mail to owners of property located within two hundred

(200) feet of the exterior boundaries of the subject property.

5-1U-7 BOARD DETERMINATION.

The Board of Adjustment may approve the special use permit as submitted, or before approval,

may require that the applicant modify, alter, adjust, or amend the proposal as the Board of Adjustment

deems necessary to preserve the intent and purpose of this ordinance in order to promote the health,

safety, and general welfare of the community.

5-1U-8 WAIVERS: SETBACKS, HEIGHT, DISTANCES BETWEEN BUILDINGS,

AND LOT SIZE.

If the applicant can provide evidence or documentation satisfactory to the Board of Adjustment

that such a waiver is justified and will not prejudice adjacent property owners, the Board of

Adjustment may, in its discretion, reduce any of the minimum or maximum requirements for:

a.) Lot line setbacks;

b.) Building height; and/or

c.) Distances between structures.

5-1U-9 RIGHT OF ENTRY.

Whenever necessary to make an inspection to enforce any provisions of this Subchapter, or

whenever the City Manager or any authorized agent have reasonable cause to believe that there exists

conditions in any building or structure in violation of a special use permit issued under this Subchapter,

the City Manager and authorized agents may enter such building or structures at all reasonable times to

inspect the same or perform any duty imposed by this Subchapter.

A.) The City Manager or his agent shall first make a reasonable effort to locate the owner(s) or

person in control of the building or structure to request entry.

B.) If entry is refused, the City Manager or his agent shall have recourse to every remedy

provided by law to secure entry, including but not limited to inspection warrants.

C.) When the Enforcement Officer or his agent have obtained such warrant or other remedy

provided by law to secure entry no owner or occupant shall fail or neglect, after proper request is

made, to promptly permit entry for the purpose or inspection or examination pursuant to a special use

permit issued under this Subchapter.

5-1U-10 VIOLATION OF A SPECIAL USE PERMIT.

The violation of a special use permit or any provision of this Subchapter shall constitute a violation of the City of

Maquoketa Code of Ordinances, thus subjecting the violator to the following penalties:

1.) Any owner who violates a provision of this Subchapter shall be guilty of a simple misdemeanor.

2.) Any violation of this Subchapter or failure to perform any act or duty or requirement of this

Subchapter shall constitute a municipal infraction under Title III, Chapter 17 of this Code of Ordinances.

3.) The foregoing provisions concerning enforcement of this Subchapter are not exclusive but are

cumulative to any other remedies available under state law or local ordinance.

SECTION 2. Repealer. All ordinances or parts of ordinances in conflict with this ordinance

are hereby repealed.

SECTION 3. Severability. If any section, provision or part of this ordinance shall be adjudged

invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or

any section, provision, or part thereof not adjudged invalid or unconstitutional.

SECTION 4. Effective Date. This ordinance shall be in effect after its final passage, approval

and publication as provided by law.

Passed and approved this 18th day of April, 2016.

___________________________________

Don Schwenker, Mayor

Attest: ___________________________________

Brian Wagner, City Manager

CERTIFICATION

I, Brian Wagner, City Manager, do hereby certify the above is a true and correct copy of

Ordinance No. 1131, which was passed by the Maquoketa City Council this 18th day of April and

published in the Maquoketa Sentinel Press this 23rd day of April 2016.

________________________________

Brian Wagner, City Manager