- Chapter 165 -
Zoning Code – General Provisions
165.02 Interpretation of Standards of Zoning Compliance
165.04 Zoning Districts Compliance
165.07 Zoning Administrator
165.08 Enforcement Responsibilities
165.09 Certificate of Zoning Compliance Required
165.10 Application for Certificate of Zoning Compliance
165.11 Issuance of Conditional and Permanent Certificate
165.12 Expiration of Conditional Certificate of Zoning
165.13 Board of Adjustment
165.14 Schedule of Fees
165.16 Complaints Regarding Violations
165.17 Violation and Penalties
165.18 Swimming Pools
165.19 Adult Entertainment Business Regulations
165.01 TITLE. Chapters 165, 166 and 167 of this Code of Ordinances shall be known and may be cited and referred to as the “Zoning Code” of the City of Granger, Iowa.
165.02 INTERPRETATION OF STANDARDS. In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements. Where this Zoning Code imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or provisions of the Code of Ordinances of the City of Granger, the provisions of this Zoning Code shall control. Where for a specific land use the requirements of any other provision of the Code of Ordinances of the City of Granger are more stringent or restrictive than the requirements set forth herein, nothing herein shall be construed to waive compliance with the provisions of such other provision.
165.03 DEFINITIONS. For use in this Zoning Code, certain terms or words used herein shall be interpreted as follows. The “present tense” includes the future tense, the singular number includes plural, and the plural number includes the singular. The words “used” or “occupied” include the words intended, designed or arranged to be used or occupied. The word “lot” includes the words plot or parcel, and all other words or phrases used to denote an individual site which complies with the minimum provisions of this Zoning Code. The following definitions apply to the interpretation of this Zoning Code:
- “Accessory living quarters” means living quarters within an accessory building for the sole use of persons fully employed on the premises or for temporary use by guests of the occupants of the premises.
- “Accessory use or structure” means a use or structure subordinate to the principal use of a building on the lot and serving a purpose customarily incidental to the use of the principal building.
- “Agriculture” means the use of land for agricultural purposes, including animal husbandry, apiculture, dairying, farming, floriculture, forestry, groves, horticulture, orchards, poultry husbandry, ranching, viticulture, and the necessary accessory uses for packing, treating or storing the produce; however, the operation of the accessory uses shall be subordinate to that of the normal agricultural activities.
- “Alley” means any public space or thoroughfare less than twenty (20) feet but not less than (10) feet in width which has been dedicated or deeded to the public for public use.
- “Amendment” means a change in the wording, context or substance of this Zoning Code, or any part thereof, or a change in the zoning or district boundaries of the “Official Zoning Map”, a part of this Zoning Code, when adopted by Ordinance passed by the Council in the manner prescribed by law.
- “Apartment house or building” means any building or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments.
- “Automobile wrecking” means the dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.The presence on any lot, parcel or tract of land, of five (5) or more vehicles which for a period exceeding thirty (30) days have not been capable of operating under their own power, and from which parts have been removed or are to be removed for reuse, salvage or sale, shall constitute evidence of an automobile wrecking yard.
- “Bar or saloon or tavern” means any place devoted primarily to the selling, serving or dispensing and drinking of malt, vinous, or other alcoholic beverage, or any place where any sign is exhibited or displayed indicating that alcoholic beverages are obtainable within or thereon, and where such beverages are consumed on the premises.(See also “cocktail lounge”, “night club”.)
- “Basement” means a story of a building having more than one-half (1/2) of its height below grade.A basement shall not be counted as astory for the purpose of height regulation, providing the finished floor level directly above is not more than six (6) feet above grade. (See “basement, walkout”, “cellar”, “story”.)
- “Basement, walkout” means a basement having a portion of its finished floor not more than four (4) feet below the finished yard grade at any of its exterior walls and having not less than two-thirds (2/3) of the vertical height of an exterior wall, which has a ground level exit to the outside, above ground.A walkout basement shall be considered the ground floor level of the building and shall be counted as a story. (See “basement”, “cellar”, “story”.)
- “Billboard” means all structures, regardless of the base of materials used in construction, that are erected, maintained or used for public display of posters, painted signs, wall signs, whether the structure be placed on the wall or painted on the wall itself, pictures or other pictorial reading matter which advertises a business or attraction which is not carried on or manufactured in or upon the premises upon which said signs or billboards are located.
- “Boarding house” means a building other than a hotel where, for compensation, meals and lodging are provided for four (4) or more persons, but does not include rest homes.
- “Boundary of district” means the centerline of a street or right-of-way or the centerline of the alleyway, between the rear or side property lines or, where no alley or passageway exists, the rear or side property lines of all lots bordering on any district limits or any district boundary shown on the “Official Zoning Map” which is a part of this Zoning Code.
- “Building” means any structure having a roof supported by walls or by columns intended for enclosure, shelter or housing of persons, animals, or chattel.When any portion thereof is entirely separated by walls in which there is no communicating doors or windows or any similar opening, each portion so separated shall be deemed a separate building.
- “Building, height of” means the vertical distance from the average finished ground grade of the building line 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 roofs.
- “Building line” means the extreme overall dimensions of a building as determined from its exterior walls and as staked on the ground, including all areas covered by vertical projection to the ground or overhang of walls, or any part of a primary structural support or component which is nearest to the property line, except roof overhangs and chimneys which may extend up to two feet into the setback. (See “setback”.)
- “Building site” means the ground area of one (1) lot, or the combined ground area of more than one (1) lot which have been combined for the use for one building or permitted group of buildings, together with all open spaces required by this Zoning Code.(See “lot”.)
- “Bulk stations” means distributing stations, commonly known as bulk or tank stations, used for the storage and distribution of flammable liquids or liquefied petroleum products, where the aggregate capacity of all storage tanks is more than twelve thousand (12,000) gallons.
- “Cellar” means that portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. (See “story”.)
- “Centerline, public thoroughfare” means the line running parallel with the thoroughfare right-of-way which is half the distance between the extreme edges of the official right-of-way width.
- “Certified survey” means a sketch, plan, map, or other exhibit bearing a written statement of its accuracy or conformity to specified standards which is signed and sealed by a registered surveyor.
- “Channel” means any natural or artificial watercourse exhibiting definite banks, boundaries, and beds, and which contains visible evidence of flow or occurrence of water.
- “Channel flow” means that water and material discharge which moves within the limits of the defined channel.
- “Club” means an association or persons for some common nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.
- “Cocktail lounge, cabaret” means any place of business, other than a “night club”, located in and accessory to a hotel, motel, or restaurant, where liquor, beer or wine is sold for consumption on the premises, where music or other entertainment is limited to a piano bar or other one person performance and dancing is prohibited. (See also “tavern”, “night club”.)
- “Commercial use” means the barter, exchange, sale, service or trade of goods, materials, or services, either tangible or intangible for financial, material or monetary gain.
- “Commission” means the Plan and Zoning Commission of Granger, Iowa.
- “Court” means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.
- “Crown of road” means the grade at the centerline of the pavement within a public thoroughfare, or where no pavement exists, grade at the right-of-way centerline.
- “Development” means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operation.
- “District” means a section or sections of land area, depicted on the Official Zoning Map as a Zoning District, within which the regulations governing the use of land, buildings and premises, or the height and lot area of building sites and premises conform to uniform standards.
- “Dump” means a premises used for the disposal of “clean” type fill or refuse such as dirt, rocks, cans, tree branches and similar materials, but not including organic matter of any type such as garbage or dead animals or portions thereof.
- “Dwelling” means any building or any portion thereof, which is not an “apartment house”, “lodging house” or a “hotel” as defined in this Zoning Code, which contains one or two “dwelling units” or “guest rooms”, used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or which are occupied for living purposes.
- “Dwelling unit” means one or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating.
- “Dwelling, one-family” means a detached building, on a building site, designed for and used exclusively for residential purposes by one family and containing one dwelling unit.
- “Dwelling, two-family” means a building designed for and used exclusively for occupancy by two families living independently of each other and containing two dwelling units.
- “Dwelling, multiple” means a building or buildings, on a common lot designed for and used for occupancy by three (3) or more families living independently of each other and containing three (3) or more dwelling units.
- “Encroachment line or limit” means the inside boundary line closest to the drainage channel delineating the Floodway.
- “Factory-built structure” means any structure 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.“Factory-built structure” includes the terms “mobile home,” “manufactured home,” and “modular home.”
- “Family” means an individual or two or more persons related by blood or marriage or a group of not more than five (5) persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit.
- “Farm” means an area comprising ten (10) acres or more which is used for agriculture.
- “Flood” means any rise in channel flow which results in water or material exceeding channel banks, over flowing, and inundating areas adjacent to the channel not ordinarily covered by flow.
- “Floodway fringe” means that portion of the flood plain beyond the floodway which shall from time to time be inundated by shallow slow-moving discharge.
- “Floodproofing” means any structural or non-structural feature, addition, change, or adjustment to buildings, structures and properties primarily for the reduction or elimination of flood damage to land, water, sanitary facilities, buildings, structures, and contents of buildings.Such measures shall be designated consistent with the flood protection elevation for the particular area, flood velocities, duration, rates of rise, hydrostatic and hydrodynamic forces, and other factors associated with a flood. Flood proofing measures may include but not be limited to the following:
- Anchorage to resist flotation.
- Installation of water-tight doors, bulkheads and shutters.
- Reinforcement of walls to resist water pressures.
- Use of paints, membranes, or mortars to reduce seepage of water through walls.
- Addition of mass or weight to structures to resist flotation.
- Cut off valves on sewer lines or elimination of gravity flow basement drains.
- Construction to resist rupture or collapse caused by water pressure or floating debris; construction of any type so as to prevent the entrance of flood waters.
- Pumping facilities for subsurface external foundation walls and basement floor pressures, or installation of pumps to lower water levels inside structures.
- “Flood stage” means the height or elevation of a flood as referred to Mean Sea Level (MSL) Datum.
- “Floodway” means the channel of any watercourse and the area adjoining a river, stream, water course, pond, lake, or quarry which has been or may become covered by flood water and must be reserved in order to discharge the 100-year flood without cumulatively increasing the flood water surface elevation more than a specified height at any point.
- “Frontage” means the distance of a front lot line as measured along the public thoroughfare, except single family detached residential lots in an “R” District shall be measured at the front yard setback, provided no lot shall have less than forty (40) feet adjoining the public thoroughfare. (See “lot lines, front”.)
- “Garage, community” means a structure, or a series of structures under one roof, and under one ownership, used primarily for storage of vehicles by three (3) or more owners or occupants of property in the vicinity.
- “Garage, mechanical” means a structure in which major mechanical repair or rebuilding of motor powered vehicles is performed for commercial gain and in which the storage, care and minor servicing is an accessory use.
- “Garage, private” means a building, or a portion of a building, not more than one thousand square feet (1,000 sq. ft.) in area, in which only motor vehicles used by the residents or tenants of the building or buildings on the premises are stored or kept.
- “Garage, public” means any garage other than a private garage.
- “Gas station” means a structure designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities or accessories for motor vehicles and including the customary space and facilities for the installation of such commodities or accessories on or in such vehicles, but not including space or facilities for the storage, painting, repair, refinishing, body work or other major servicing of motor vehicles.
- “Grade” means the average of the finished ground level at the center of all walls of a building.In case walls are parallel to and within five (5) feet of a sidewalk, alley or other public way, the above ground level shall be measured at the elevation of the sidewalk, alley or public way.
- “Greenhouse” means a building or accessory structure constructed chiefly of glass or other translucent material, which is devoted to the protection or cultivation of flowers or other tender plants.
- “Guest house” means an accessory building used as a dwelling unit by domestic employees or for the use by a guest of the occupants of the premises.
- “Half-story” means a story with at least two (2) of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds (2/3) of the floor area of the floor immediately below it.
- “Home occupation” means any occupation or profession conducted solely by resident occupants in their place of abode, involving primarily services; provided that not more than one-quarter (1/4) of the area of not more than one (1) floor level of the building may be used in pursuit of the occupation; that there is used no sign other than one (1) name plate affixed to the outer wall, of not more than one (1) square foot in area that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling; and not more than one person other than the occupants of the building may be employed.
- “Hospital” means an institution specializing in giving clinical, temporary and emergency service of a medical or surgical nature to injured persons and patients, other than persons suffering from a lingering mental sickness, disease, disorder or ailment.
- “Hotel” means any building containing six (6) or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
- “Improvement, substantial” means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either, (a) before the improvement or repair is started, or (b) if the structure has been damaged, and is to be restored, before the damage occurred.For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for the improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
- “Junk” means old and dilapidated automobiles, trucks, tractors and other such vehicles and parts thereof, wagons and other kinds of vehicles and parts thereof, scrap, used building materials, scrap contractor’s equipment, tanks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, hair, mattresses, beds or bedding or any other kind of scrap or waste material which is stored, kept, handled or displayed for barter, resale, reuse, salvage, stripping, or trade.(See also “trash”.)
- “Junk yard” means any area where junk is bought, sold, exchanged, baled or packed, disassembled or handled, including house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking or structural steel materials and equipment; but not including areas where such uses are conducted entirely within a completely enclosed building, and not including the processing of used, discarded or salvaged materials necessary as a part of manufacturing operations.
- “Kitchen” means any room or portion of a building used, intended or designed to be used for cooking and other preparation of food, including any room having a sink and provisions for either a gas or electric stove.
- “Loading space” means any off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking (less than twenty-four hours) of a commercial vehicle while loading or unloading merchandise or materials.
- “Lodging house” means any building or portion thereof, containing not more than five (5) guests where rent is paid in money, goods, labor or otherwise.A lodging house shall comply with all the requirements of this Zoning Code for dwellings.
- “Lot” means, for zoning purposes, a parcel of real property of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as arerequired in this Zoning Code. Such lot shall have frontage on a dedicated street, and may consist of any one of the following:
- A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
- A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residential lot or parcel be created which does not meet the requirements of this Zoning Code.
- A portion of a lot of record.
- Single lot of record.
- “Lot lines”:
- Front:The line separating the front of the lot from a public street.
- Rear:The rear lot line is that boundary which is opposite and most distant from the front lot line. In the case of a corner lot, one of the two lot lines opposite and most distant from the two front lot lines shall be designated as a rear lot line to apply the rear yard setback. In case of an interior triangular or gore-shaped lot, it shall mean a straight line ten (10) feet in length which:
(1) Is parallel to the front lot line or its cord.
(2) Intersects the two (2) other lot lines at points most distant from the front lot line.
- Side:Any lot boundary line not a front lot line or a rear lot line.
- “Lot measurements”:
- Area:The gross area, exclusive of streets or other public right-of-ways, within the boundary lines of a lot.
- Depth:The mean horizontal distance between the front and rear lot lines as measured perpendicular to the midpoint of the mean front lot line. In the case of an interior triangular or gore-shaped lot, the depth shall be the horizontal distance between the midpoints at the front and rear lot lines.
- Width:The horizontal distance between the side lot lines as measured perpendicular to the line compromising the lot depth at its point of intersection with the required minimum front setback. Where the lot width is decreasing from front to rear, the horizontal distance between the side lot lines as described above shall be measured at its point of intersection with the required minimum rear setback.
- “Lot of record” means a lot which is part of the Original City or a Subdivision, the deed of which is recorded in the Office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
- “Lot types”:
A.. Corner Lot: A lot located at and adjoining the intersection of two (2) or more streets, and having the street right-of-way abut two or more front lot lines.
- Double Frontage Lot:A lot, other than a corner lot, with frontage on more than one (1) street or public thoroughfare.
- Interior Lot:A lot, other than a corner lot, having frontage on but one (1) street or public thoroughfare.
- Key Lot:A lot so subdivided as to have its side lines coincide with the rear lot lines of adjacent lots on either or both sides of the aforesaid key lots.
- “Lowest floor” means the floor of the lowest enclosed area in a building including a basement except when all the following criteria are met:
- The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings; and
- The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses such as building access, parking or storage; and
- Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one (1) foot above the 100-year flood level; and
- The enclosed area is not a “basement” as defined in this Zoning Code.
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.
- “Mental institution, hospital or home” means an institution specializing in giving clinical and psychiatric aid and treatment to and in conjunction with the housing of persons and patients suffering from a temporary or lingering mental ailment, disorder or sickness.
- “Manufactured home” means a factory-built structure built under authority of 42 United States Code § 5403, that is required by federal law to display a seal from the United States Department of Housing and Urban Development, and was constructed on or after June 15, 1976.
- “Mobile home” means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but shall also include any such vehicle with motive power not registered as a motor vehicle in Iowa.A “mobile home” is not built to a mandatory building code, contains no state or federal seals, and was built before June 15, 1976.
- “Mobile home park” means a site, lot, field or tract of land upon which three or more mobile homes or manufactured homes, or a combination of any of these homes, are placed on developed spaces and operated as a for-profit enterprise with water, sewer or septic and electrical services available.
- “Modular home” means a factory-built structure which is manufactured to be used as a place of human habitation, is constructed to comply with the Iowa State Building Code for modular factory-built structures, and must display the seal issued by the State Building Code Commissioner.
- “Motel, or motor hotel” means a building or group of two (2) or more buildings designed to provide sleeping accommodations for transient or overnight guests, with exterior access for each unit and parking facilities conveniently located to each such unit.
- “Night club” means any place of business located within any building or establishment, established and operated for the purpose of supplying entertainment or music, or both, and providing meals and refreshments prepared on the premises.
- “Nonconforming use” means the use of a building or land or any portion thereof, which was originally lawfully established and maintained, but which, because of the application of this Zoning Code to it, no longer conforms to the use regulations of the district in which it is located.
- “Nonprofit institution” means a nonprofit establishment maintained and operated by a society, corporation, individual, foundation or public agency for the purpose of providing charitable, social, educational or similar services to the public, groups, or individuals.Cooperative nonprofit associations, performing a service normally associated with retail sales or trade such as cooperative groceries, granaries, equipment sales, etc., shall not be considered a nonprofit institution under this Zoning Code.
- “Nursing and convalescent homes” means a building or structure having accommodations and where care is provided for invalid, infirm, aged, convalescent, or physically disabled persons.
- “Obstruction” means any dam, dike, embankment, structure, building, wall, wharf, pile, abutment, projection, levy, excavation, channel rectification, bridge, conduit, culvert, wire, fence, refuse, fill, or matter in, along, across, or projecting into any channel, watercourse, or flood plain area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream, to the damage of life or property.
- “Overlay district” means a district which may be established to overlay and act in conjunction with the underlying zoning district or districts.
- “Parking area, public” means an open area, other than a street or alley, which is used for the temporary parking of more than four (4) automobiles and is available for public use whether free, for compensation, or as an accommodation for clients or customers.
- “Parking space, automobile” means an area other than a street or alley, reserved for the parking of a private transportation vehicle, plus such additional area as is necessary to afford adequate ingress and egress.
- “Place of business” means any vehicle, building, structure, yard, area, lot, premises, or part thereof, or any other place in which or on which one or more persons engage in a gainful occupation.
- “Planning Commission” means the Plan and Zoning Commission of Granger, Iowa.
- “Premises” means any lot, plot, parcel or tract of land, building or buildings, structure or structures, used publicly or privately as a place of business, dwelling or meeting place.
- “Principal building” means the building situated or to be placed nearest the front property line and the use of which conforms to the primary use permitted by the zoning classification in which it is located.
- “Public thoroughfare” means any right-of-way under the jurisdiction and maintenance of the governmental agencies of the Federal, State and Municipal government; which may be used by the public in general, and which serves as the frontage street to the abutting property.(See “street”.)
- “Reach” means a term describing a longitudinal section of a stream, river, or watercourse.
- “Residential” or “residence” is applied herein to any lot, plot, parcel, tract, area, or place of land or any building used exclusively for family dwelling purposes or intended to be used, including concomitant uses specified herein.
- “Restaurant” means a building, room or rooms, not operated as a dining room in connection with a hotel, motel, or other multiple dwelling, where food is prepared and served to a group of families, a club or to the public and for consumption on the premises.
- “Resubdivision” means any change in the shape or size of any lot, tract or parcel of land previously platted for the purpose, whether immediate or future, of sale, rent, lease, building development, anchorages or other use.“Resubdivision” also means any change in the shape or size of any lot, tract or parcel of land previously approved for building purposes whether immediate or future and regardless whether or not the same is vacant or improved in whole or in part, for sale, rent, lease, building development, anchorage or other use.
- “Rooming house” means a residential building used, or intended to be used, as a place where sleeping accommodations are furnished or provided for pay, but which does not maintain a public dining room or café in the same building, nor in any building in connection therewith.
- “Servant’s quarters” means a secondary residential building occupied by a domestic employee of the occupant of the principal residential building and conforming to the restrictions of this Zoning Code including those for accessory buildings.
- “Service station” – (See “gas station”.)
- “Setback” means the minimum horizontal distance between the front, rear or side lines of the lot and the front, rear or side lines of the building, respectively.When two (2) or more lots under one (1) ownership are used, the exterior property line of the lots so grouped shall be used in determining off-sets.
- “Sign” means any device designed to inform, or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations herein:
A.. Signs not exceeding one (1) square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.
- Flags and insignias of any government except when displayed in connection with commercial promotion.
- Legal notices, identification, information, or directional signs erected or required by governmental bodies.
- Intrinsic, decorative or architectural features ofbuildings, except letters, trademarks or moving parts.
- Signs directing and guiding traffic and parking onprivate property, but bearing no advertising matter.
- “Sign, on-site” means a sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities on the premises. On-site signs do not include billboards erected by the outdoor advertising industry in the conduct of the outdoor advertising business.
- “Sign, off-site” means a sign other than on-site sign. (See “billboard”.)
- “Site” – (See “lot”.)
- “Special permit” means the authorization of a zoning certificate for an unclassified or special use of a lot by the City Council following a review of the application for use, by the Plan and Zoning Commission. A special permit may be issued only for those uses listed under the “Special Uses” in this Zoning Code.
- Private:A building or structure used, or intended to be used for housing horses belonging to the owner of the property and for noncommercial purposes.
- Public and Riding Academy:A building or structure used or intended to be used for the housing only of horses on a fee basis. Riding instructions may be given in connection with a public stable or riding academy.
- Riding Club:A building or structure used or intended to be used, for the housing only of horses by a group of persons for non-commercial purposes.
- “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six (6) feet above grade such basement or cellar shall be considered a story.
- “Street” means any thoroughfare or public space not less than sixteen (16) feet in width which has been dedicated or deeded to the public for public use.
- “Street line” means a dividing line between a lot, tract or parcel of land and a contiguous street. (See “lot line, front”.)
- “Structural alterations” means any replacement or change in the shape or size of any portion of a building or of the supporting members of a building or structure such as walls, columns, beams, arches, girders, floor joist, roof joist, or roof trusses, beyond ordinary repairs and maintenance.
- “Structure” means that which is built or constructed, a building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
- “Subdivision” means a division of a lot, tract or parcel of land into three or more lots, plats, sites, or other subdivisions of land for the purpose, whether immediate or future, of sale, rent, lease, building development, anchorage, right-of-way dedication, or other use.
- “Tent” means any structure or enclosure, the roof or one-half or more of the sides of which are of silk, cotton, canvas, nylon, or any light material, either attached to a building or structure, or unattached.
- “Townhouse” means a dwelling unit which is attached horizontally, and not vertically to one or more other dwelling units, wherein the land or lot beneath each dwelling, may be individually owned by the owner of the dwelling. A townhouse subdivision shall have common elements which are specified in or determined under the rules and regulations set forth by recorded covenants. Covenants for a townhouse subdivision shall establish the guidelines for maintenance of common elements and permit free movement through common areas by members of the Homeowners Association (Council of Co-owners) to assure access to the structural exterior of each townhouse unit by the individual unit owner.
- “Trash” means cuttings from vegetation, refuse, paper, bottles, rags. (Also see “junk”.)
- “Variance” means a modification of the specific regulations of this Zoning Code granted by the Board of Adjustment in accordance with the terms of this Zoning Code for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and district.
- “Yard” means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except for landscaping or as otherwise provided in this Zoning Code.
- “Yard, front” means the yard area lying to the front of the principal building or between the front building line and the front lot line.
- “Yard, rear” means the yard lying to the rear of the principal building, or between the rear building line and the rear lot line.
- “Yard, side” means the yard area lying to the sides of the principal building or between the side building lines and the side lot lines.
- “Zoning Administrator” means the administrative officer designated or appointed by the City Council to administer and enforce the regulations contained in this Zoning Code.
- “Zoning certificate” means a written statement issued by the Zoning Administrator authorizing buildings, structures, or uses consistent with the terms of this Zoning Code and for the purpose of carrying out and enforcing its provisions. (Ord. 184 – Oct-03 Supp.)
165.04 ZONING DISTRICTS. In order to classify, regulate and restrict the location of trades and industries, and the location of buildings designed for specified uses, to regulate and limit the height and bulk of buildings hereafter erected or altered; to regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of yards, courts, and other open spaces within the surrounding such buildings, the City of Granger is hereby divided into ten (10) classes of zoning districts. The use, height and area regulations are uniform in each class of zoning district and said districts are known as:
- “R-1” Single-family Residential District
- “R-1-A” Single-family Residential District
- “R-2” Low Density Multi-family Residential District
- “R-3” Multi-family Residential District
- “C-1” Limited Commercial District
- “C-2” General Commercial District
- “C-3” Central Business and Commercial District
- “C-4” Highway Commercial District
- “CI” Commercial Light Industrial District (Ord. 249 – Feb. 08 Supp.)
- “A-1” Agricultural District.
165.05 BOUNDARIES. The boundaries of the zoning districts are indicated upon the Official Zoning Map of the City of Granger, Iowa, which map is included as a part of this Zoning Code at the end of Chapter 167. The Zoning Map of the City of Granger, Iowa, and all the notations, references and other matters shown thereon are a part of this Zoning Code, including all notations, references and other matters set forth on said map, the original of which is properly attested and is on file in the office of the Clerk. The district boundaries are either municipal corporate lines, lot lines or the centerlines of streets and alleys, unless otherwise shown, and where the districts designated are bounded approximately by street, alley, or lot lines and are not dimensioned otherwise, the lot lines or the center lines of streets and alleys shall be construed to be the boundary of the district. Disputes concerning the exact location of any zoning district boundary line shall be decided by the Board of Adjustment according to the intent of this Zoning Code. (See EDITOR’S NOTE at the end of Chapter 167 for ordinances which have been adopted amending the zoning map.)
165.06 ANNEXATION. All territory hereafter annexed to the City shall be classified as being located in the “A-1” Agricultural District until such classification is subsequently changed by an amendment to the Zoning Code.
165.07 ZONING ADMINISTRATOR. The Zoning Administrator, who shall be appointed by the City Council, shall administer and enforce the provisions of this Zoning Code. The Zoning Administrator may be provided with the assistance of such other persons as the Council may direct.
165.08 ENFORCEMENT RESPONSIBILITIES. In the event the Zoning Administrator shall find that any of the provisions of this Zoning Code are being violated, he or she shall in writing notify the person responsible for the violation, shall indicate the specific nature of the violation, and shall order the action necessary to correct the violation. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Zoning Code, the Zoning Administrator shall order the owner of the affected property to take such actions as may be required to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, or to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct of business or use in or about said premises. The City, in addition to other remedies and if necessary, shall institute any proper action or proceedings to prevent any unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; or to restrain, correct or abate such violation; or to prevent the occupancy of said building, structure, or land; or to prevent any illegal act, conduct of business or use in or about said premises.
165.09 CERTIFICATE OF ZONING COMPLIANCE REQUIRED. No building or other structure shall be erected, moved, added to, or structurally altered without a Certificate of Zoning Compliance issued by the Zoning Administrator. No Certificate shall be issued except in conformance with the provisions of this Zoning Code, except upon the written order of the Board of Adjustment.
165.10 APPLICATION FOR CERTIFICATE OF ZONING COMPLI- ANCE. All applications for a Certificate of Zoning Compliance shall be filed with the City Clerk, who shall forward them to the Zoning Administrator. All applications shall be accompanied by two copies of a building plan, drawn to scale, which shall contain the following information:
- The name, address, and telephone number of the owner or owners of the property.
- The name, address, and telephone number of any agent acting on behalf of the owner of the property.
- The legal description of the property
- Property boundary lines, dimensions and total area.
- The location, size, shape and type of all proposed new or altered buildings or structures, as well as the location, size, shape and type of all existing buildings or structures.
- The total square feet of existing and proposed building floor area.
- The location of existing utilities, rights-of-way, and easements.
- The existing or proposed uses of the building and the land.
- The number of households or rental units any existing and proposed building is designed to accommodate.
- Such other matters as may be required by the Zoning Administrator to permit the determination of conformance with, and to provide for the enforcement of, this Zoning Code.
165.11 ISSUANCE OF CONDITIONAL AND PERMANENT CERTIFICATE OF ZONING COMPLIANCE. It is unlawful for any person to undertake the erection, moving, adding to, or structurally altering of any building or structure until a Conditional Certificate of Zoning Compliance shall have been issued by the Zoning Administrator, which Conditional Certificate shall state that the proposed uses of the building or land conform to the provisions of this Zoning Code. Upon the completion of the construction project, it is the responsibility of the property owner to contact the Zoning Administrator for a final review of the property. If the actual uses of the building or land conform to the provisions of this Zoning Code, the Administrator shall issue a Permanent Certificate of Zoning Compliance. If the actual uses do not conform to the provisions of this Zoning Code, the Administrator shall order the owner to undertake such corrective measures as will result in compliance. The City Clerk shall maintain a record of all Conditional and Permanent Certificates of Zoning Compliance, and copies shall be furnished upon request to any person.
165.12 EXPIRATION OF CONDITIONAL CERTIFICATE OF ZONING COMPLIANCE. If the work described in any Conditional Certificate of Zoning Compliance has not begun within one hundred twenty (120) days of its issuance, the Certificate shall expire and it shall be canceled by the Zoning Administrator. Written notice of such cancellation shall be given to the applicant. If the work described in any Conditional Certificate of Zoning Compliance has not been substantially completed within two (2) years of its issuance, the Certificate shall expire and it shall be canceled by the Zoning Administrator. Written notice of such cancellation shall be given to the applicant, together with notice that further work as described in the canceled Certificate shall not proceed unless and until a new Certificate has been obtained.
165.13 BOARD OF ADJUSTMENT.
- Board Created.A Board of Adjustment is established which shall consist of five (5) members. A majority of the members of the Board shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. Members of the Board shall be appointed by the Council for a term of five years, excepting that when the Board shall first be created one member shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board shall elect its own chair and vice chair, each of whom shall serve for a term of one year.
- Meetings of the Board.The meetings of the Board of Adjustment shall be held at the call of the chair, and at such other times as the Board may determine. Such chair, or in his or her absence the vice chair, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member on each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the City Clerk and shall be a public record. The Board shall not carry out its business without having three members present.
- Appeals.Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, or board of the City affected by any decision of the Zoning Administrator. Such appeal shall be taken within ten (10) days by filing with the City Clerk the notice of appeal specifying the grounds thereof. The City Clerk shall immediately provide a copy of the appeal to the Board, and the Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from is taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board, after notice of appeal shall have been filed, that by reason of the facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application on notice to the Board and the Zoning Administrator, and on due cause shown. The Board shall fix a reasonable time for the hearing on the appeal, give public notice thereof as required by state law as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent, or by attorney.
- Jurisdiction and Powers.The Board of Adjustment shall have the following powers, and it shall be its duty:
- To hear and decide appeals where it is alleged there is error in any order, requirements, decision, or determination made by the Zoning Administrator in the enforcement of this Zoning Code.
- To grant a variation in the requirements of this Zoning Code when a property owner can show that the property was acquired in good faith and where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or where by reason of exceptional topographical conditions or other extraordinary or exceptional situations the strict application of the terms of this Zoning Code actually prohibits the use of the property in a manner reasonably similar to that of other property in the District, or where the Board is satisfied under the evidence before it, that the granting of such variation will alleviate a clearly demonstrable hardship; provided, however that all variations granted under this section shall be in harmony with the intended spirit and purpose of this Zoning Code.
- To permit exceptions to the District regulations set forth in this Zoning Code, provided all exceptions shall by their design, construction and operation adequately safeguard the health, safety and welfare of the occupants of adjoining and surrounding property, shall not impair an adequate supply of light and air to adjacent property, shall not increase congestion in the public streets, shall not increase public danger of fire and safety, and shall not diminish or impair established property values in surrounding areas.
- To permit the extension of a District where the boundary line of a District divides a lot in a single ownership as shown of record or by existing contract or purchase at the time of the enactment of this Zoning Code, but in no case shall such extension of the District boundary line exceed fifty (50) feet in any direction.
- Board Procedures.In exercising its powers, the Board may, in conformity with the provisions of law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as it believes proper, and to that end shall have all the powers of the Zoning Administrator. The concurring vote of three of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this Zoning Code; provided, however, that the action of the Board shall not become effective until after the resolution of the Board, setting forth the full reason for its decision and the vote of each member participating therein has been recorded in the minutes. Such resolution immediately following the Board’s final decision, shall be filed in the office of the City Clerk, and shall be open to public inspection. Every variance and exception granted or denied by the Board shall be supported by a written testimony or evidence submitted in connection therewith.
- Appeals of Board Decisions.Any resident, or any officer, department, or board of the City, or any person or persons jointly or severally aggrieved by any decision of the Board may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board to review such decision of the Board and shall prescribe therein the time within which a return thereto shall be made, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, upon notice to the Board and on due cause shown grant a restraining order. The Board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portion thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from, and shall be verified. If upon the hearing, which shall be tried de novo, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take such evidence or appoint a referee to take such evidence as it may direct and report the same to the court with findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or in part, or may modify the decision brought up for review. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
165.14 SCHEDULE OF FEES.
- Establishment.The Council shall establish a schedule of fees, charges and expenses, and a collection procedure for Certificates of Zoning Compliance, appeals, and other matters pertaining to the enforcement of this Zoning Code. The schedule of fees listed in this section shall be posted in the office of the City Clerk, and may be modified only by an Ordinance enacted by the Council.
- Payment Required.No certificate or variance shall be issued until the fees, costs, charges, or expenses provided in this section have been paid in full. No action shall be taken on proceedings before the Board of Adjustment unless and until the required fees and charges have been paid in full.
- For the issuance of a Conditional and Permanent Certificate of Zoning Compliance - $25.(Ord. 145 – Apr. 99 Supp.)
- Appeal to the Board of Adjustment - $50.
- (Repealed by Ord. 245 – Feb. 08 Supp.)
165.15 AMENDMENTS. The City Council may from time to time, on its own action or on petition, after public notice and hearing as provided by law, and after report by the Plan and Zoning Commission amend, supplement, or change the boundaries or regulations herein or subsequently established, and such amendment shall not become effective except by the favorable vote of a majority of all the members of the City Council.
- Petition for Amendment.Whenever any person, firm or corporation desires that any amendment, or change be made in this Zoning Code, including the text and/or the zoning map, as to any property in the City, and there is presented to the Council a petition requesting such change or amendment and clearly describing the property and its boundaries as to which the change or amendment is desired, duly signed by the owners of fifty percent (50%) of the area of all real estate included within the boundaries of said tract as described in said petition, and in addition, duly signed by the owners of fifty percent (50%) of the area of all real estate lying outside of said tract but within two hundred (200) feet of the boundaries thereof [intervening streets and alleys not to be included in computing such two hundred (200) feet], it shall be the duty of the Council to vote upon such petition within ninety (90) days after the filing of the report and recommendations from the Plan and Zoning Commission.
- Public Hearings Required.No proposed amendment or change of boundaries or regulations shall be acted upon by the Council until after a public hearing thereon by the Plan and Zoning Commission. At least fifteen (15) days’ notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City. After the public hearing before the Plan and Zoning Commission, the Commission shall make a report and recommendations in writing to the Council. Before taking final action, the Council shall conduct a public hearing on the proposed amendment or change of boundaries or regulations, and at least seven (7) days’ notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City.
- Disapproval by Commission or Protest.In case the proposed amendment, supplement or change be disapproved by the Plan and Zoning Commission, or a protest be presented duly signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof, extending the depth of one lot or not to exceed two hundred (200) feet therefrom, or of those directly opposite thereto, extending the depth of one lot or not to exceed two hundred (200) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of at least three-fourths of all the members of the Council.
- Procedure After Denial.Whenever any petition for an amendment, supplement or change of the zoning or regulations herein contained or subsequently established shall have been denied by the City Council, then no new petition covering the same property or the same property and additional property shall be filed with or considered by the City Council until one (1) year shall have elapsed from the date of action by the City Council on the first petition. In the event the appellant withdraws the petition for rezoning prior to final action by the City Council no new petition covering the same property or the same property and additional property shall be filed with or considered by the City Council until six (6) months shall have elapsed from the date of withdrawal.
- Fees Required.Before any action shall be taken as provided in this section, the party or parties proposing or recommending a change in the district regulations or district boundaries shall deposit with the City the sum of one hundred dollars ($100) to cover the approximate costs of this procedure and under no conditions shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law.
165.16 COMPLAINTS REGARDING VIOLATIONS. Whenever a violation of any provision of this Zoning Code occurs, or is alleged to have occurred, any person may file a written complaint, setting forth the causes and basis thereof, with the City Clerk. The City Clerk shall promptly file each complaint received, and forward a copy to the Zoning Administrator, who shall immediately investigate the complaint, and take action thereon as provided by this Zoning Code.
165.17 VIOLATION AND PENALTIES. Violation of any provision of this Zoning Code, or the failure to comply with any of its requirements, shall constitute a civil infraction. Each day a given violation continues shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be charged and be found guilty of a separate offense and suffer the penalties provided. Nothing herein shall be construed to prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation of this Zoning Code.
166.18 SWIMMING POOLS.
1. It is the purpose of this section to require architects, builders, contractors, pool suppliers, property owners, their agents and others to meet their responsibilities with respect to proper construction and premises safety, as set forth in this section. It is not the purpose of this section to create any duty on the part of the City, its officials, agents or employees, owning to any individual member of the public or to protect any particular class of persons. Specifically, it is not the intent of this section to create any duty or liability by the City, its officials, agents or employees to premises occupants, owners, tenants or any other person.
2. No person shall place reliance upon this section or any certificate issued pursuant to this section, as indicating the safety of or quality of construction of any particular premises. Neither this section nor any certificate issued is intended to assume the duty of any person to adequately construct and maintain a premises or to provide a safe premises or to, in any way, indicate a decrease in the risk associated with the use or occupancy of any premises. A certification that a premises complies with the requirements of this section shall not in any way constitute a warranty or guarantee of the safety or quality of that premises.
3. By making an application under this section, any applicant assumes and agrees to pay for all loss or damage to property and injury to or death of any person arising from or in connection with or related to the issuance of any certificate under this section or the doing of anything under this section. Such applicant, by making an application, forever indemnifies the City, its officials, agents or employees, and agrees to save it and them harmless from any and all claims, demands, lawsuits or liability whatsoever for any loss, damage, injury or death, costs and expenses, by reason of the foregoing even though the acts or omissions of the City, its officials, agents or employees may have caused or contributed thereto. The provisions of this paragraph shall be deemed to be a part of any certificate issued pursuant to this section whether expressly recited therein or not, and shall apply to all assigns, assignees, subsequent owners, renters or occupants of the property involved.
4. The foregoing statements of legislative intent with respect to this section on swimming pools shall govern and take precedence over any other language contained in the Code of Ordinances.
5. The following definitions apply to the interpretation of this section:
A. “Swimming pool” means any outdoor body of water which has the capacity to contain a minimum depth of eighteen (18) inches or more of water in an artificial or semi-artificial receptacle. (Ord. 251 – Feb. 08 Supp.)
B. “Small child” means any child twelve (12) years of age or younger.
C. “Fence” or “wall” means a structure constructed sufficiently strong and substantially designed to make the swimming pool inaccessible to small children.
D. “Impervious” refers to a material which is incapable of being penetrated by water.
6. No person shall maintain, construct, enlarge, alter or otherwise improve a swimming pool without first obtaining a Certificate of Zoning Compliance for Swimming Pool from the Zoning Administrator, pursuant to Sections 165.10 and 165.11. For the issuance of a Conditional Certificate of Zoning Compliance for Swimming Pool, an applicant must certify that the requirements of this section shall be complied with in all respects and submit plans therefor. A Permanent Certificate of Zoning Compliance for Swimming Pool shall not be issued by the Zoning Administrator until all of the requirements of this section have been complied with. A fee of $50 shall be paid by the applicant, which fee shall be in addition to the schedule of fees established in Section 165.14.
7. The materials used for lining swimming pools shall be light in color, shall be impervious and shall provide a tight tank with smooth, easily cleaned surfaces. No sand or dirt bottoms shall be allowed.
8. Every in-ground swimming pool shall be completely surrounded and enclosed by a fence or wall six (6) feet in height and located at least six (6) feet from the side of the swimming pool, unless the enclosure is a part of pre-manufactured assembly in which case it shall be no closer than four (4) feet from the side of the swimming pool. Such fence or wall shall be reasonably non-climbable and shall be constructed and maintained as to make the swimming pool as inaccessible as possible to small children. There shall not be a distance greater than ten (10) feet between posts. The bottom of the fence or wall shall be at grade with no clearance between the bottom and the ground along the entire perimeter of the fence or wall.
9. Swimming pools manufactured for installation above ground shall be installed in accordance with the following criteria:
A. Enclosure of an above-ground swimming pool shall reasonably secure the swimming pool and any deck or platform attached to it from unauthorized access to small children.
B. A fence or wall six (6) feet above any adjoining grade located within six (6) feet of the swimming pool enclosure shall be used in combination with the vertical water enclosing wall of the swimming pool to provide the required degree of safety, unless the enclosure or fence is part of a pre-manufactured assembly, in which case it shall be no closer than four (4) feet from the side of the swimming pool.
C. Steps, ladders, ramps or any other device affording access to the swimming pool shall be constructed in a manner that will afford the same degree of security against unauthorized access as that prescribed for the swimming pool enclosure.
D. No part of a swimming pool enclosure shall be constructed within ten (10) feet of a property line, other wall, fence or other structure, which can readily be climbed by small children.
10. The enclosure requirements contained in paragraphs 8 and 9 above may be satisfied in the case of swimming pools or spas with a water surface area of less than sixty (60) square feet by equipping the pool or spa with a rigid cover capable of supporting two hundred (200) pounds which, when securely locked in place, will render the water contained therein inaccessible to anyone not having a key. When such a rigid cover is used in lieu of the enclosure requirements, the owner shall not leave the pool or spa unattended without such rigid cover securely locked in place. For the purposes of this paragraph, “unattended” means the absence of an adult person in the pool or spa or within constant eyesight of the pool or spa and no more than twenty (20) feet therefrom.
11. All gates and doors providing access through a fence or wall to any swimming pool shall be equipped with self-closing and self-latching devices. Gates and doors shall be securely closed when the swimming pool is not in use. The self-closing and self-latching device on gates and doors shall be equipped either with a manual latch which can only be operated at a point five (5) feet above the ground or with a lock and key.
12. No swimming pool drain shall be connected to or drained into any part of the sanitary sewer system; nor shall it be drained onto the public streets or sidewalks so as to create a nuisance, hazard or dangerous condition, such as freezing on streets or sidewalks; nor shall it be drained onto the property of others.
13. The owner or occupant of any property where a swimming pool is located shall keep and maintain the fence or wall and gate or door openings to the swimming pool in good repair at all times.
14. Persons maintaining a swimming pool shall be deemed to consent to periodic inspections of draining devices and any fence, wall, gate or door surrounding the swimming pool and any rigid cover over a swimming pool or spa with a water surface of less than sixty (60) square feet at reasonable times by City officials or employees, to assure compliance with the requirements of this section for the height of enclosures and reasonably non-climbable nature of enclosures, gates or doors, rigid covers, and draining, but such City official or employee shall not enter the enclosure containing a swimming pool.
15. The requirements of paragraphs 8 through 11 of this section for the height of enclosures and the reasonably non-climbable nature of enclosures, gates or doors, and proper draining shall be applicable to all swimming pools constructed prior to the effective date of the ordinance codified herein (October 22, 1998), and the owners of such swimming pools shall have sixty (60) days from and after the effective date of the ordinance codified herein to comply with these requirements. However, any swimming pool constructed prior to the effective date of the ordinance codified herein, and which is surrounded by a fence or wall at least four (4) feet in height shall be deemed to comply with the height requirements of this section.
16. All swimming pools built after the effective date of the ordinance codified herein (October 22, 1998) shall comply with all of the terms of this section. (Ord. 138 – Apr. 99 Supp.)
166.19 ADULT ENTERTAINMENT BUSINESS REGULATIONS
1. Purpose. It is the purpose and intent of this section to regulate adult entertainment businesses in order to limit their adverse impact and detrimental secondary effects in the community while at the same time permitting lawful businesses to conduct operations within the community. By the nature of their business, adult entertainment businesses create serious, objectionable operational characteristics, which are magnified when located in close proximity to residences, churches, schools, child care centers and parks. Special regulation of adult entertainment businesses is necessary to insure that no adverse secondary effects will contribute to the blighting or downgrading of surrounding neighborhoods and areas. These regulations are necessary to protect the minors of the community from these businesses by restricting their location and to protect the health, safety and general welfare of all the residents of the community, prevent crime, protect the City’s retail trade, maintain property values and protect and reserve the quality of neighborhoods and are not to suppress the expression of unpopular views.
2. Definitions. For the purposes of this section, the following words and phrases shall have the meanings given herein.
A. “Adult booth” shall mean any area of an adult entertainment establishment that is set off from the remainder of such establishment by one or more walls, partitions or other dividers and which is used to show, exhibit, play, display or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction or description of any specified anatomical areas or the performance or simulation of any specified sexual activities.
B. “Adult cabaret” shall mean any commercial establishment that as a substantial or significant portion of its business provides any of the following:
(1) Persons who appear nude;
(2) Live performances that are distinguished or characterized by an emphasis on the exposure, depiction or description of a specified anatomical area or the performance or simulation of a specified sexual activity; or
(3) Films, motion pictures, video or audio cassettes, slides, computer displays or other visual representations, recordings, imagery, illustration or depictment of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of any specified sexual activity.
C. “Adult establishment”, “adult entertainment establishment”, or “adult entertainment business” shall mean an adult store, adult cabaret, adult theater, nude model studio, sexual encounter center, adult motel, adult amusement arcade, or escort agency.
D. “Adult material” shall mean any of the following, whether new or used:
(1) Books, magazines, periodicals, or other printed matter or digitally stored materials, films, motion pictures, video cassettes, audio cassettes, slides, computer displays or other visual or audio representations or recordings of any kind, DVD, CD, or similar item that is distinguished or characterized by an emphasis on the exposure, depiction, description, imagery or visual representation of any specified anatomical area or the performance or simulation of any specified sexual activity.
(2) Instruments, novelties, devices or paraphernalia that are designed for use in connection with specified sexual activities or that depict, describe or portray specified anatomical areas; except that this definition shall not include those items used for birth control or for the prevention of sexually transmitted diseases.
E. “Adult motel” shall mean any motel, hotel or similar business that (1) offers accommodations to the public for any form of consideration; and provides patrons with closed-circuit television transmission, telephones, motion pictures, video cassettes, slides, or other material that is characterized by the depiction or description of any specified anatomical area or any specified sexual activity; and has a sign that is visible from the public right-of-way that advertises the availability of adult materials; or (2) offers a room or suite for consideration for a period of time that is less than ten hours; or (3) allows a tenant, occupant or patron of a room or suite to sublet the room or suite for a period of less than ten hours.
F. “Adult store” shall mean any commercial establishment that (1) contains one or more adult booths, or (2) as a substantial or significant portion of its business offers for sale, rental, exchange or viewing any adult materials. Adult stores do not include commercial establishments that offer for sale, rental, exchange or viewing any adult materials as a sideline or adjunct to sales, rentals, exchanges or viewings of materials other than adult materials.
G. “Adult theater” shall mean any commercial establishment that as a substantial or significant portion of its business features or provides films, motion pictures, video or audio cassettes, slides, or other visual representations, recordings, imagery, illustration or depictment of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of any specified anatomical area or the performance or simulation of any specified sexual activity.
H. “Commercial establishment” shall mean any place where admission, services, performances, or products are provided for or upon payment of any form of consideration.
I. “Escort” shall mean a person who, for pecuniary consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease dance or otherwise perform or appear before another person while nude in or about any place of public or private resort or any private quarter or business premises.
J. “Escort agency” shall mean any person or business entity furnishing or offering to furnish, or advertising to furnish escorts as one of its business purposes, for a fee, tip or any other form of consideration.
K. “Nude model studio” shall mean any place where a person who appears nude is provided for the purpose of being sketched, drawn, painted, sculptured, photographed or similarly depicted by any other person who has paid money or any other form of consideration, barter or exchange, or for whose benefit someone else has paid money or any other form of consideration, barter or exchange, for the purpose of being allowed to observe the person appearing nude being sketched, drawn, painted, sculptured, photographed or similarly depicted. Nude model studio does not include public or private colleges or universities licensed by the State of Iowa that offer art, modeling or anatomical drawing classes.
L. “Nude or state of nudity” shall mean a state of dress or undress that exposes to view (1) less than completely and opaquely covered human genitals, pubic region, anus, or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed; or (2) human male genitals in a discernibly turgid state even if completely and opaquely covered, or any device that when worn, simulates human male genitals in a discernibly turgid state.
M. “Sexual encounter center” shall mean any business or commercial establishment that, for consideration, offers (1) physical contact in the form of wrestling or tumbling between persons of the opposite sex; or (2) activities between two or more persons regardless of gender when one or more of the persons is in a nude condition, or (3) where two or more persons may congregate, associate or consort in connection with specified sexual activities or specified anatomical areas, or (4) where two persons may congregate, associate, or consort, in a private room, suite, or similar enclosure, with one of the two persons modeling lingerie, dancing in a sexually suggestive manner, or some similar activity for the pleasure or entertainment of the other. Sexual encounter center does not include a gymnastic, acrobatic, athletic or similar demonstration or show.
N. “Specified anatomical area” shall mean any of the following:
(1) Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areola but not including any portion of the cleavage exhibited by a dress, blouse, leotard, bathing suit, or other wearing apparel provided the areola is not exposed;
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered or any device or covering that when worn, simulates human male genitals in a discernibly turgid state.
O. “Specified sexual activity” shall mean any of the following:
(1) The fondling or touching of one person’s human genitals, pubic region, buttocks, anus or female breasts by another person;
(2) Sex acts, normal or perverted, actual or simulated, including without limitation, cunnilingus, fellatio, anilingus, bestiality, intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated;
(4) Excretory or urinary functions as part of or in connection with any of the activities set forth in Subsection O(1), (2), or (3) of this definition.
P. “Substantial or significant portion of its business” shall mean that ten percent or more of the establishment’s income is derived from the sale, rental, exchange or viewing of any adult material; or ten percent or more of the establishment’s stock in trade or floor space is utilized for the display of any adult material; or that one or more persons appearing, performing or working in a state of nudity constitutes a fundamental or essential part of or attraction of the business. Regardless of the foregoing, any business establishment that advertises or holds itself out as “XXX”, “adult”, or “sex” in conjunction with adult material and/or nude appearances or performances is deemed to meet the substantial portion of its business standard.
Q. “Adult amusement arcade” shall mean an establishment having as one of its principal uses one or more of the following: customer-operated motion picture devices, peep shows, viewing area, or similar devices either coin, token or slug operated, or which in consideration of an entrance fee, displays materials distinguished or characterized by an emphasis on depictions of specified sexual acts or specified anatomical areas.
3. Adult Establishment Location Requirements.
A. Adult establishments shall only be permitted in the General Commercial District (C-2).
B. No adult establishments shall be located, established, maintained or operated on any lot or parcel that has a property line within five hundred feet of the property line of any other lot or parcel on which another adult establishment is located, established, maintained or operated; nor shall more than one adult establishment be located on any lot or parcel; nor shall any other business be located, established, maintained or operated on any lot or parcel on which an adult establishment is located, established, maintained or operated.
C. No adult establishment shall be located, established, maintained or operated on any lot or parcel that has a property line within five hundred feet of the property line of:
(1) Any residentially zoned property;
(2) A public or private nursery school or pre-school, a public or private elementary or secondary school;
(3) A child care facility licensed by the State of Iowa;
(4) A church, synagogue, mosque, or other religious facility or institution;
(5) A public park including public recreational paths or trails;
(6) A public or private cemetery; or
(7) A public housing facility.
D. No adult establishment shall be located, established, maintained or operated on any lot or parcel that has a property line within five hundred feet of the public right-of-way for any arterial (or through) street in the City.
E. For purposes of this section, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot or parcel on which the adult establishment is located to the nearest point on the property line of uses protected in subsection C and D of this section; or the nearest point of the property line of the other adult establishment, as the case may be. It is the adult establishment’s obligation to provide the City’s building official with a survey acceptable and satisfactory to the building official that demonstrates the establishment meets the requirements of this section.
4. Other Legal Provisions. Adult establishments located, maintained or operated in the City shall comply, in addition to complying with all other applicable regulations set forth in this code, with all regulations set forth in this chapter. In the event of a conflict between the provisions of any other such regulations and the regulations set forth in this chapter, the regulations set forth in this chapter shall control the location of the adult establishment. Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use, which violates any provision or any statute, ordinance or regulation.
5. Adult Establishment Sign Regulations. Adult establishments shall comply with the sign regulations of Chapter 168 of the Code of Ordinances. Such establishments shall also comply with the following regulations:
A. Signage. All signs for adult establishments shall be flat wall signs. The maximum allowable sign area shall be one square foot of sign area per foot of lot frontage on the street, but under no circumstances may a sign exceed thirty-two square feet. The maximum number of signs shall be one per lot frontage. Signs otherwise permitted pursuant to this subsection shall contain only (1) the name of the adult establishment conducting business on the premises, and/or (2) the specific type of adult entertainment being conducted on the premises.
B. Exterior display. No adult establishment shall be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing, or relating to specified sexual activities or specified anatomical areas, from any public rights-of-way or private property other than the lot or parcel on which the adult establishment is located. No portion of the exterior of an adult establishment shall utilize or contain flashing lights, search lights, spotlights, or other similar lighting systems; or any words, lettering, photographs, silhouettes, drawings or pictorial representations of any manner except to the extent allowed pursuant to subsection A of this section with regard to signs. This subsection shall apply to any advertisement, display, promotional material, decoration, sign, performance, show, and to any window, door or other opening to the adult establishment.(Section 166.19 – Ord. 207 – Nov. 04 Supp.)