- Chapter 166 -
Zoning Code – General Regulations
166.01 Conformance Required
166.02 Continuing Existing Uses
166.03 Nonconforming Uses in any "R" District
166.04 Nonconforming Uses in any District Other Than an "R" District
166.05 Street Frontage Required
166.06 Accessory Buildings and Garages
166.07 Corner Lots
166.08 Front Yard
166.09 Fences, Walls and Vision Clearance
166.10 Required Yard Cannot Be Reduced
166.11 Building Lines on Approved Plats
166.12 Pending Construction
166.13 Special Use Regulations
166.14 Off-street Parking and Loading Areas
166.16 Site Plans
166.17 Exceptions and Modifications
166.18 Swimming Pools
166.19 Adult Entertainment Business Regulations
166.01 CONFORMANCE REQUIRED. Except as hereinafter specified, no building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used which does not comply with all of the district regulations established by this Zoning Code for the district in which the building or land is located.
166.02 CONTINUING EXISTING USES. The lawful use of a building existing at the time of the enactment of this Zoning Code [July 15, 1993] may be continued subject to the conditions set forth hereafter, even though such use may not conform with the regulations of this Zoning Code for the district in which it is located.
166.03 NONCONFORMING USES IN ANY “R” DISTRICT. No building or land devoted to a use not permitted by this Zoning Code in a Residential District in which such building or land is located, except when required by law, shall be substantially enlarged, extended, constructed, reconstructed, substituted or structurally altered, at a value of greater than fifty percent (50%) of the fair market value of the existing building or land, unless the use thereof is changed to a use permitted in the district in which such building, structure or premises is located, except as follows:
- Substitution.If no substantial structural alterations are made, as specified above, a nonconforming use of a building or structure may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use has been changed to more restricted use or to a conforming use, such shall not thereafter be changed to a less restricted use.
- Discontinuance. In the event that a nonconforming use of any building, structure or land is discontinued for a period of one (1) year, the use of the same shall conform thereafter to the uses permitted in the district in which it is located. The use of land upon which no building or structure is erected or constructed which does not conform to the provisions of this Zoning Code and the use of land upon which no building is erected or constructed which becomes nonconforming by reason shall be discontinued within six (6) months from the date of the change.
- Replacing Damaged Buildings.Any nonconforming building or structure damaged to an extent of fifty percent (50%) or more of its fair market value (prior to destruction or damage by fire, flood, explosion, war, riot, or Act of God), shall not be restored or reconstructed and used as before the effective date of this Zoning Code unless brought into conformity with the provisions of this Zoning Code.
166.04 NONCONFORMING USES IN ANY DISTRICT OTHER THAN AN “R” DISTRICT.
- Structural Alterations and Enlargements.Any building or structure in any district other than an “R” District devoted to a use made nonconforming by this Zoning Code may be structurally altered or enlarged in conformity with the lot area, the lot frontage, yard and height requirements of the District in which situated, provided such enlargement or alteration of construction shall be limited to buildings on land owned of record by the owner of the land devoted to the nonconforming use prior to the effective date of this Zoning Code, or shall not be greater than fifty percent (50%) of the fair market value prior to the enlargement or alteration. In the event of such structural alteration or enlargement of buildings, the premises involved may not be used for any nonconforming use other than the use existing on the effective date of this Zoning Code.
- Discontinuance.In the event that nonconforming use of any building or premises is discontinued for a period of one (1) year, the use of the same shall conform thereafter to the uses permitted in the District in which it is located. The use of land upon which no building or structure is erected or constructed which does not conform to the provisions of this Zoning Code, and the use of land upon which no building is erected or constructed, which becomes nonconforming by reason of a subsequent change in this Zoning Code, shall be discontinued within two years from the date of the change.
- Replacing Damaged Buildings.Any nonconforming building or structure damaged to an extent of fifty percent (50%) or more of its fair market value (prior to the destruction or damage by fire, flood, explosion, war, riot, or Act of God), shall not be restored or reconstructed and used as before this Zoning Code unless brought into conformity with the provisions of this Zoning Code.
166.05 STREET FRONTAGE REQUIRED Except as herein provided, no lot shall contain any building used in whole or in part for residential purposes unless such lot abuts for at least forty (40) feet on at least one street. In situations of hardship, a special use permit may be issued for an exclusive unobstructed private easement of access or right-of-way of at least twenty (20) feet wide to a street, and there shall be not more than one (1) single-family dwelling for such frontage or easement, except that a common easement of access at least fifty (50) feet wide may be provided for two (2) or more such single-family dwellings or for one (1) or more two-family or multiple dwellings.
166.06 ACCESSORY BUILDINGS AND GARAGES. No accessory building, structure or fence which exceeds six (6) feet in height shall be erected in a required yard or court, except as provided hereinafter.
- Accessory buildings, including roof overhangs, shall be at least two (2) feet from lot lines of adjoining lots which are in any “R” District.On a corner lot they shall conform to the setback regulations on the side street. There shall be at least five (5) feet from any other separate building or structure on the same lot, and at least five (5) feet from any alley line, except that, when any entrance to an accessory building for automobile access faces the alley, said accessory building shall be at least twenty (20) feet from any alley line.
- Accessory buildings, except buildings housing animals or fowl, may be erected as part of the principal building or may be connected thereto by a breezeway or similar structure, and such accessory building shall be considered as part of the principal building for all yard requirements.
- A carport or garage for a residence may be in a side yard provided that a full required side yard is provided between the garage or carport, and the side lot line.An accessory building within sixty (60) feet of the front lot line shall have a full side yard between it and the side lot line.
- The garage building shall not exceed one (1) story or fifteen (15) feet in height.
- An accessory structure which is adaptable to underground construction (such as a tornado shelter, garage, wine cellar, etc.) may be constructed beneath the ground surface of any yard area; providing said structure shall comply with the following requirements:
- No portion of the structure shall be located less than two (2) feet, measured horizontally, from any lot line.
- The surface area covering the structure shall be finished in a manner natural to the landscape so as to entirely conceal the underground structure.
- No portion of the grade of the finished surface area above the structure may exceed a two (2) foot height increase above the normal finished grade of any required yard.
- Ingress-egress to the underground structure shall be located within the allowable surface building area of the lot and shall not be located in any required yard area.
- Accessory buildings and structures, regardless of height, which are constructed above the normal ground surface in any required yard area shall not occupy more than thirty percent (30%) of the yard area in which it is located; however, this regulation shall not be interpreted to prohibit the construction of a two-car garage not to exceed six hundred twenty-five (625) square feet gross building area. (Ord. 184 – Oct-03 Supp.)
- No satellite dish antenna or antenna tower shall be erected within any of the front yard setback.
166.07 CORNER LOTS. For corner lots, platted after the effective date of this Zoning Code, the minimum required lot width shall be increased by an amount not less than twenty (20) feet so as to allow for the additional required street side yard, i.e. for a minimum required lot width of sixty (60) feet, the minimum width of a corner lot shall not be less than eighty (80) feet. All yards fronting a public street shall meet the minimum front yard setback. On corner lots platted and of record at the time of the effective date of this Zoning Code, the same regulations shall apply except that this regulation shall not be interpreted as to reduce the buildable width of the corner lot. On any corner lot, the depth of a front yard abutting a street shall be measured from the right-of-way line.
166.08 FRONT YARD. In any “R” District there shall be a minimum front yard depth required as stated in the yard requirements for the particular district; provided, however, (1) in any replat in any “R” District adjacent to an existing plat with dwellings located thereon, the front yard depth for the lots in the replat shall not be less than the smallest front yard depth of existing dwellings located within two hundred (200) feet of the replat, but in no event, shall the front yard depth be less than the smallest front yard depth of an existing dwelling immediately adjacent thereto which fronts on the same side of the street; (2) no front yard depth of any existing lot without a dwelling shall be less than the
smallest front yard depth of any lot with an existing dwelling immediately adjacent thereto and within two hundred (200) feet fronting on the same side of the street. Nothing in this Zoning Code shall be interpreted as to permit a front yard depth which is less than the minimum required front yard depth for the district in which it is located.
166.09 FENCES, WALLS AND VISION CLEARANCE.
- On a corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of two and one-half (2 ½) feet and ten (10) feet above the centerline grades of the area described as follows:
That area bounded by the street right-of-way lines of a corner lot and a straight line joining points on said right-of-way lines twenty-five (25) feet from the point of intersection of said right-of-way lines.
This requirement shall not apply to the “C-3” District.
- In any District, fences and walls not exceeding six (6) feet in height are permitted within the limits of side and rear yards.A fence or wall not exceeding four (4) feet in height is permitted within the limits of the front yard setback fronting any public street. In the case of retaining walls supporting embankments, the above requirements shall apply only to that part of the wall above the ground surface of the retained embankment.
- In any District where a fence or wall is required by a section of this Zoning Code, the Subdivision Regulations in Chapter 170, or other provision of this Code of Ordinances, to serve as a screening wall, buffer wall or other separating or protective wall, the restrictions of paragraph 1 above shall yield to the requirements of the specific requirement.
166.10 REQUIRED YARD CANNOT BE REDUCED. No lot shall be reduced in size so as to make the width or total area of the lot, or any yard, or any other open space, less than the minimum required by this Zoning Code. No part of a yard or other open space provided about any building or structure for the purpose of complying with the provisions of this Zoning Code shall be included as a part of a yard or other open space required under this Zoning Code for another building or structure. Off-street parking and loading areas may occupy part of any required yard or open space except as specified in Section 166.14 of this Zoning Code.
166.11 BUILDING LINES ON APPROVED PLATS. Whenever the plat of a land subdivision approved by the City Council and on record in the Office of the County Recorder and County Auditor shows a setback building line along any street frontage for the purpose of creating a front yard line, the building line thus shown shall apply along such frontage in place of any other yard line required in this Zoning Code unless specific yard requirements in this Zoning Code require a greater setback.
166.12 PENDING CONSTRUCTION. Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any building, or part thereof, for which approvals have been granted before the enactment of this Zoning Code, the construction in conformance with such plans shall have been started prior to the effective date of this Zoning Code and completion thereof carried on in a normal manner and not discontinued for reason other than those beyond the builder’s control.
166.13 SPECIAL USE REGULATIONS. Certain uses possess characteristics of such unique and special form as to make impractical their being included automatically in any classes of use as set forth in the various Districts established by this Zoning Code. Therefore, these uses shall be subject to certain conditions and standards set forth in this section, and the authority for the location thereof shall be subject to review by the Plan and Zoning Commission and the issuance of a special use permit by the City Council, provided however, a special use permit may not be granted for a use in a District from which it is specifically excluded by the provisions of this Zoning Code.
- Special Uses.The following uses are each declared a “Special Use” and upon the issuance of a special use permit such special uses may be authorized in any District in addition to those Districts in which such special uses are specifically authorized.
- Borrow pits and quarries for rock, sand, gravel or other soil deposits.
- Columbariums and mausoleums unless inside a cemetery providing these uses are specifically excluded from any “R” Single Family District.
- Crematories and funeral homes.
- Establishments of enterprises involving large assemblages of people or automobiles as follows, provided these uses are specifically excluded from any “R” Single Family District.
(1) Amusement parks.
(2) Carnivals, circuses and fairgrounds, except as hereinafter provided.
(3) Commercial sport or recreational enterprises, including nonprofit amphitheaters, convention halls and auditoriums.
(4) Race tracks and rodeo grounds.
- Golf, swimming and tennis clubs or country clubs and similar public and private owned uses.
- Mental hospitals.
- Mining operations.
- Radio and television transmitters.
- Refuse and garbage dumps, incinerators and other waste disposal methods, providing these uses are specifically excluded from “R” Single Family Districts.
- Rock crushing plants or the processing of materials from borrow pits and quarries.
- Sewage disposal plant or lagoon.
- Shooting ranges, including pistol, rifle, skeet and trap ranges.
- Temporary offices, billboards and buildings incidental to the development and construction of commercial, industrial and residential.
- General Conditions.A permit for a Special Use shall not authorize a use which does not comply with the minimum requirements of the zoning District in which it is located; and shall not authorize a use which is in conflict with any provision of the Code of Ordinances of the City of Granger or law of the State of Iowa regulating nuisances, pollution or hazardous occupations.
- Required Site Plan and Statistical Information. The request for authorization of a Special Use shall be accompanied by a site plan in compliance with Section 166.16 of this Zoning Code.The following information also may be required:
- A vicinity map illustrating the approximate location of existing buildings and all existing land use within five hundred (500) feet of the proposed site boundaries.
- As the uses herein are classified by possessing characteristics of unique and special form making automatic inclusion in the various Districts impractical, a brief report, prepared by a qualified professional person, which shall outline and illustrate the provisions and methods for the abatement of undesirable effects on the public, which are peculiar to the use, such as, but not limited to, the following:
(1) Traffic density and control.
(2) Excessive lighting.
(3) Noise level.
(4) Hazardous conditions to spectators, participants, trespassers, or neighboring uses.
(5) Pollution of air, water, or earth.
(6) Adverse effects of damage and/or costs caused or associated with the periodic inundation of flood waters.
- Restrictions.Authorization for a special use permit shall not be granted for failure to comply with the following conditions:
- Buildings involving the large assemblages of people shall not be located less than three hundred (300) feet from any existing dwelling site.
- Uses involving nuisances such as noise, vibration, pollution, etc. shall not be located less than five hundred (500) feet from an “R” District or less than one thousand (1,000) feet from an existing dwelling.
- Uses involving the large assemblages of people shall not be located in a vicinity where the arterial traffic system is inadequate to provide for the increased traffic density.
- Uses involving the extensive use of exterior lighting shall not be located in a vicinity where such lighting may be hazardous to air or ground traffic ways, and such uses shall not be located less than a distance required to reduce the light intensity to normal residential street lighting intensity at any “R” District boundary.
- Temporary Uses.Notwithstanding any other provisions of this Zoning Code, the City Council may without notice, public hearing or other procedures described in this section for the issuance of a special use permit, issue a special use permit authorizing the operation of a charitable or nonprofit sponsored carnival for a period not to exceed seven (7) days.
- Parking, Placing or Erection of Trailers, Mobile Homes, Trucks or Temporary Buildings, Sheds or Offices.
- Permit Required.No person, firm or corporation shall, unless first obtaining approval of a permit from the City Council, place, park, or erect any trailer, mobile home, truck, or temporary building, shed or office on any lot for the purpose of storing merchandise, commodities, materials, products or conducting sales therefrom when the placing, parking or erection of the same is used in connection with any commercial or industrial building.
- Permit Information.Any person, firm or corporation requesting a permit required under Subsection A must state the type of trailer, mobile home, or temporary building, office or shed to be placed, parked or erected upon the lot, the nature or purpose of the use therefor and the length of time that it will remain on the lot.
- Use of Existing Trailer, Mobile Home, Truck or Temporary Building, Shed or Office – Permit Required.A permit shall not be required by all persons, firms or corporations who at the time of the enactment of the Zoning Code, are using any trailer, mobile home, truck, or temporary building, shed or office as set out in Subsection A.
- Exceptions.Nothing contained in Subsections A and C shall prohibit the loading or unloading of any trailer, mobile home, truck, or temporary building, shed or office on any lot providing the loading or unloading is completed within twelve (12) hours and the trailer, mobile home, truck, or temporary building, shed or office is promptly removed thereafter.
166.14 OFF-STREET PARKING AND LOADING AREAS. It is the intent of this section to prevent traffic congestion and to provide for proper traffic safety by preserving the public thoroughfares for the unimpaired movement of pedestrian and vehicular traffic. The requirements of this section are minimum and in the certain uses of land, these requirements may be inadequate. Where review of the site plans and intended land use indicate through the application of proven standards or experienced statistics that the requirements herein are inadequate for the specific land use adaptation, a greater requirement for off-street parking space is justified and may be required to preserve the intent of this section.
- Off-street Loading Space Required.In any District, except the “C-3” Central Business and Commercial District, in connection with every building or part thereof hereafter erected, having a gross floor area of ten thousand (10,000) square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, office buildings, dry cleaning or other similar uses which require the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building, at least one (1) off-street loading space, and for multiple tenant commercial/retail shopping centers, one (1) additional such loading space for each twenty thousand (20,000) square feet or major fraction thereof of gross floor area so used in excess of ten thousand (10,000) square feet, provided the total number of loading spaces is not required to be more than the total number of occupying tenants, and provided there shall not be required to be more loading spaces than the number of tenants in a building. Each loading space shall be not less than nine (9) feet in width and nineteen (19) feet in length. Such space may occupy all or any part of any required yard or court space, except required open spaces and required planting screens under Section 166.15.
- Off-Street Parking Area Required.In all Districts, except the “C-3” Central Business and Commercial District, in connection with every industrial, commercial, business, trade, institutional, or recreational use, and similar uses, space for parking and storage of vehicles shall be provided in accordance with the following schedule.
- Automobile sales and service garages – one (1) parking space for each three hundred (300) square footage of floor area and one (1) parking space for each person regularly employed on the premises.
- Banks, business and professional offices – one (1) parking space for each two hundred and fifty (250) square feet of gross floor area.
- Bowling alley – five (5) spaces for each alley and one (1) space for each four (4) spectator seats.
- Churches – one (1) parking space for each three (3) seats (one  parking space for each 6 feet of pew space) and (1) parking space for each classroom.
E Dance halls, assembly halls - one (1) parking space for each one hundred (100) square feet of floor area devoted to patron use, or one (1) parking space for each four (4) seats of maximum seating capacity, whichever is greater.
- Day nursery schools and child care centers (including day nursery for elderly) – five (5) parking spaces, or one and one-half (1-1/2) parking spaces for each ten (10) maximum client capacity, whichever is greater, plus additional spaces necessary to accommodate the parking of vans and buses used for client transport by the School or Center.
- Funeral homes, mortuaries – fifteen (15) parking spaces or one (1) parking space for each four (4) seats in the principal auditorium or four (4) parking spaces for each service or viewing room, whichever is greater. In addition, one (1) parking space for each two (2) persons regularly employed on the premises shall be provided.
- Furniture, appliance and other retail stores displaying large and bulky merchandise – one (1) parking space for each five hundred (500) square feet of patron floor area.
- Hospitals, sanitariums and rest homes – one (1) parking space for each four (4) patient beds and one (1) parking space for each person regularly employed on the premises during the maximum working shift or change of shifts, whichever is greater, and one (1) space for each doctor.
- Hotels, motels, lodging houses – one (1) parking space for each room or suite of rooms offered for tourist accommodations, one (1) parking space for each two (2) persons regularly employed on the premises during the maximum working shift, and one (1) parking space per one hundred (100) gross square feet of associated floor area used for restaurant, tavern, night club, meeting rooms and convention facilities.
- Industrial or manufacturing plants - one and one-half (1-1/2) parking spaces for each two (2) employees on the maximum working shift; or two (2) parking spaces for each one thousand (1,000) square feet of gross floor area up to ten thousand (10,000) gross square feet devoted to manufacturing use and then two (2) parking spaces for each fifteen hundred (1500) square feet devoted to manufacturing use thereafter; whichever is greater.
- Restaurants, taverns, night clubs or similar places dispensing food, drink or refreshments – one (1) parking space for each fifty (50) square feet of floor area devoted to patron use within the establishment. In addition, one (1) parking space must be provided for each person regularly employed or intended to be regularly employed on the premises during the maximum working shift.
- Retail stores, super markets, drug and sundry stores, department stores, etc.
(1) For stores over two thousand (2,000) square feet floor area – one (1) parking space for each and every one hundred and seventy-five (175) square feet of gross floor area.
(2) For stores and shops under two thousand (2,000) square feet – one (1) parking space for each and every five hundred (500) square feet of gross floor area, and one (1) space for each person regularly employed on the premises; provided, however, there shall not be less than five (5) parking spaces.
- Schools and other places of education or instruction.
(1) Elementary, junior high and other places for under driving age students - one (1) parking space for each and every person regularly employed on the premises. In addition, one (1) parking space for each ten (10) student desks or classroom seating capacity.
(2) High schools – one (1) parking space for each and every person regularly employed on the premises. In addition, one (1) parking space for each three (3) student desks or classroom seating facilities.
Whichever is greater of the parking space required by (1) and (2) above or parking space requirements for sports arenas, stadiums, auditoriums, etc. on site, shall be provided.
- Shopping centers – multiple tenant shopping centers: one (1) parking space for each one hundred seventy-five (175) square feet of gross floor area up to ten thousand (10,000) square feet, and one (1) parking space for each two hundred (200) square feet of gross floor area thereafter. If a multi-tenant shopping center is occupied by a tenant or tenants which collectively is determined to create a twenty percent (20%) or greater demand for parking by the shopping center in accordance with the schedule within this subsection, the required parking for said shopping center shall be calculated based upon the collective parking space requirements of all tenants based upon the schedule herein.
- Sports arenas, theaters, auditoriums and other similar places of public assembly – one (1) parking space for each four (4) persons of maximum standing and seating capacity.
- Wholesale establishments or warehouses – one (1) space for each person regularly employed on the premises, and one (1) space for each two thousand (2,000) square feet of floor area.
In case of any building, structure or premises, the use of which is not specifically mentioned herein, the provisions for a use which is mentioned and to which said use is similar, shall apply. If no similar use is identified, parking spaces required shall be determined based upon anticipated peak usage.
- Parking Area Dimensions.A parking space reserved for the parking of motor vehicles shall have a dimension of not less than nine (9) feet in stall width and nineteen (19) feet in depth for 90 degree parking without front end overhang, plus such additional parking bay stall aisle width based on proven traffic engineering standards acceptable to the City and conforming to the minimum standards necessary to afford adequate ingress and egress. Where there is front end overhang over an open space area, the minimum stall depth for a parking space may be reduced two (2) feet. The stall depth is the distance perpendicular to the parking bay aisle from the edge of the aisle to the most distant point of the parking stall. The following dimensions are minimum standards for the design of a parking area for stalls without an overhang over an open space:
|Angle of Parking||Stall Width||Stall Depth|
|Parallel||24 feet||9 feet|
|30° to 60°||9 feet||21 feet|
|90°||9 feet||19 feet|
For angle parking, the minimum width of the access lane shall be 12 feet.
- Access Drives.Access drive requirements are as follows:
- In any “R” District no parking space or access thereto, except entrance or exit drives as limited in this subsection, shall be within five (5) feet of a street or lot line.Entrance or exit drives connecting the parking area and the street shall be permitted within the five (5) foot strip required above, provided:
(1) Such drives shall not exceed fifteen (15) feet in total aggregate width (measured at the lot line) for each fifty (50) feet of street line abutting such lot, but in no case will exceed forty (40) feet in total aggregate width for each street line upon which a lot abuts. (Ord. 184 – Oct-03 Supp.)
(2) Such drives shall have at least sixty (60) feet of unobstructed vision in both directions along the street into which the drive enters measured from the centerline of the drive at the point where it enters the street, and the centerline of such drive shall be at least sixty (60) feet from the centerline of any street intersecting the street onto which the drive enters.
(3) Such drives shall have on each side a triangular area formed by the intersection of the driveway line, the street line and a straight line joining said lines at points thirty (30) feet distant from their point of intersection. Within such triangular area, no parking or loading or unloading shall be permitted, nor shall there be any obstruction to traffic visibility.
- In the “M-1” Light Industrial District no parking space or access thereto, except entrance to exit drives as limited in this section, shall be within five (5) feet of any lot line.Entrance or exit drives connecting the parking and the street shall be permitted within the five (5) foot strip required above.
- Surfacing Requirements.All off-street parking and loading areas and access roadways shall have a durable and dustless surface paved with asphaltic or ortland cement concrete pavement. Off-street parking, except in the “C-3” Central Business and Commercial District, of automobiles, vans, campers, trucks, trailers, tractors, recreational vehicles, boats, construction equipment, and any other mobile vehicle equipped for street and highway travel in the front yard between the building and public street right-of-way shall be on an asphaltic or ortland cement concrete paved parking area. Driveways for individual single family detached or attached townhouse style residences on private property shall be asphaltic concrete or ortland cement concrete
- Ingress/Egress Access Points.In Commercial and Industrial Districts the number and location of ingress/egress access points to the public street from off-street parking areas shall be approved by the Council and located to limit vehicular conflicts, provide acceptable location of driveway accesses to public streets, preserve proper traffic safety and, so far as possible, not impair movement of vehicular traffic on public streets.
- Public Street Accesses.In the “R-3” Commercial, and Industrial Districts, and so far as possible, public street accesses shall be located in alignment with driveway approaches gaining access to the same public street from property on the opposite side of the street. The design of off-street parking and loading facilities shall provide traffic circulation for the internal forward movement of traffic within the parking lot, so designed, limiting any impairment of vehicular movement on public streets, or backing of vehicles from an off-street parking or loading area to a public street. The permitted number of ingress/egress driveway approaches to public streets for an off-street parking lot shall be based on traffic use, and as approved by the City.
- Handicapped Parking Requirements.Provision of handicapped parking spaces within off-street parking facilities shall be in accordance with the provisions of the Code of the State of Iowa.
- Waiver of Requirements.The City Council reserves the right to waive or modify to a lessor restriction any provision or requirement of off-street parking and loading areas contained in this section, provided a favorable report on such change is approved by the Plan and Zoning Commission, and further provided said waiver or modification does not adversely affect the intent of this Zoning Code to adequately safeguard the general public and surrounding property. Exceptions will only be considered for those uses where special circumstances warrant a change and where the modification or waiver is determined to be in the best interest of the general public.
166.15 BUFFERS. The transition from one District to another District of contrasting and conflicting uses, is across a barrier and line in theory and not physically existent. It is the intent of this section to require the actual provision of a physical barrier so as to reduce any possible harmful or detrimental influence one District use may or may not have to an abutting and contrasting or conflicting District use.
- Conditions For Requiring a Buffer.The following conditions shall require a buffer between abutting Districts:
- Any “R-2” and “R-3” District, (other than attached or detached single family structures), all “C” districts and all “M” Districts which abut any “R-1”, “R-1-A”, “R-3” or single family residence in an “R-2” District shall be buffered as required in this section.
- All “M” Districts which abut any “C-1” District shall be buffered as required in this section.
Any lot in any District having both its front and rear lines abutting a public thoroughfare (a double frontage lot) shall be buffered from the thoroughfare abutting its designated rear line. Any storage yard or loading dock, not on a farm, in any District, except “A-1”, which abuts a public thoroughfare shall be restricted from public view by a buffer.
- Permissive Buffers.Buffers required under the provisions of this section shall be accomplished by any one of the following methods:
- In newly developed areas, creating as a permanent screen an area not less than thirty (30) feet in width with plantings of evergreen type trees, shrubs and plants so as to provide year-round effectiveness.
- In other areas, creating as a permanent screen an area not less than fifteen (15) feet in width with plantings of evergreen type trees, shrubs and plants so as to provide year-round effectiveness, the specificity of which shall be established by the Council in the Site Plan review process under Section 166.16 of this Zoning Code.
- An alley bordering the Central Business and Commercial District shall constitute a sufficient buffer.
- Burden of Provision of a Buffer.The burden of provision and selection of the buffer shall be as follows:
- Where two different Districts, requiring a buffer between them, are both in an existing improved condition, the above requirement is not retroactive and should a buffer be desired, it shall be by mutual agreement between the property owners or as otherwise provided by law.However, in the event any or all of the improved property is abandoned, destroyed, demolished, etc., for the purpose of renewal, redevelopment, etc., that portion of such property being renewed, redeveloped, etc., shall be considered vacant land subject to the requirements herein.
- Where one of two different Districts requiring a buffer between them is partially developed, the developer of the vacant land shall assume the burden.
- Where both Districts, requiring a buffer between them, are vacant or undeveloped except for agricultural use, the burden shall be assumed by the developer as the land is improved or developed.
- Waiver of Buffer Requirement.Where the line between two Districts, requiring a buffer, follows a street right-of-way, railroad, stream, or other similar barrier, the requirement for a buffer may be waived by the Council in the Site Plan review process under Section 166.16 of this Zoning Code, provided such waiver does not permit the exposure of undesirable characteristics of land use to public view.
166.16 SITE PLANS. (Repealed by Ord. 245 – Feb. 08 Supp – see Chapter 158.)