chapter 16564a1095b...chapter 165 zoning regulations code of ordinances, eagle grove, iowa - 802 -...

CODE OF ORDINANCES, EAGLE GROVE, IOWA- 801 -

CHAPTER 165

ZONING REGULATIONS165.01 Title; Authority 165.29 Zoning Districts165.02 Purpose 165.30 Zoning Map165.03 Relationship to Other Laws 165.31 Zoning Rules165.04 Definitions 165.32 Residence R-1 District165.05 Scope 165.33 Residence R-2 District165.06 Nonconforming Uses and Structures 165.34 Residence R-3 District165.07 Vision Obstruction 165.35 Residence R-4 District165.08 Conversion of Buildings 165.36 Residence R-5 District165.09 Reduction of Lot 165.37 Downtown D-1 District165.10 Minimum Floor Areas 165.38 Business B-1 District165.11 Constructions of Public Utilities 165.39 Business B-2 District165.12 Stormwater Detention 165.40 Industrial I-1 District165.13 Mobile Homes 165.41 Temporary Portable Storage Containers165.14 Accessory Buildings 165.42 Requirements for Amending Zoning Ordinance165.15 Roof Overhangs and Projections 165.43 Initiation Of Change165.16 Off-Street Parking Requirements 165.44 Consideration165.17 Computing Number of Required Parking Spaces 165.45 Site Plan And Schedule165.18 Location of Parking Spaces 165.46 Fees And Expenses165.19 Tree-Berm Parking 165.47 Hearing And Recommendation165.20 Off-Street Loading Requirements 165.48 Protest Against Change165.21 Signs 165.49 Zoning Board Of Adjustment165.22 Fences 165.50 Zoning Officer165.23 Filling Stations 165.51 Enforcement165.24 Special Motel Development Standards 165.52 Penalties165.25 Annexation 165.53 Landscape Regulations165.26 Height Regulations 165.54 Permits165.27 Performance Standards 165.55 Interpretation165.28 Permanent Foundations for Manufactured,

Modular, and Mobile Homes

165.01 TITLE; AUTHORITY. This chapter shall be known and may be cited and referred to as the “Eagle Grove Zoning Ordinance” to the same effect as if the full title were stated. The map, identified by title “Zoning District Map, Eagle Grove, Iowa,” and all explanatory matters on it are adopted and made a part of this chapter.

165.02 PURPOSE. The zoning regulations and districts are made in accordance with a comprehensive plan for the general welfare of the community. They are designed to lessen congestion in the streets; secure safety from fire, panic, and other dangers; promote health, morals, or the general welfare; provide adequate light and air; prevent the overcrowding of land or buildings; and avoid undue concentration of population. They are made with reasonable consideration, among other things, to the character of each district and its peculiar suitability for particular uses, and with a view of conserving the value of property and encouraging the most appropriate use of land throughout the City.

165.03 RELATIONSHIP TO OTHER LAWS. In addition to the requirements of this chapter, all uses of land, buildings, and structures must comply with all other applicable City, County, State, and federal statutes and regulations. All references in this chapter to other City, County, State, or federal statutes or regulations are for informational purposes only and do not constitute a complete list of such statutes or regulations. This chapter is expressly designed to supplement and be compatible with, without limitation, the following City plans, regulations,or ordinances:

CHAPTER 165 ZONING REGULATIONS


1. Comprehensive Plan

2. Land Use Plan

3. Flood Plain Ordinance

4. Building and House Moving Code

5. Transportation Plan

165.04 DEFINITIONS. For the purpose of this chapter, the following apply to the City as a whole. Unless otherwise stated, the following words have the meanings indicated.

1. “Accessory use” means a use subordinate to the main use of land or a building on a lot and customarily incidental to it.

2. “Alley” means a minor way that is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.

3. “Alterations,” as applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height or the moving from one location or position to another.

4. “Attached building or structure” means any building or structure that is structurally a part of or that has a common wall and/or continuous roof with a main building or structure or that is located less than three feet from the principal structure,which includes the roof overhangs from both buildings. Driveways, sidewalks, and patios will not be considered when determining whether a building is attached.

5. “Automobile sales room” means a building or portion of a building where automobiles and vehicles are sold by a franchised dealer, either with or without storage parts, sales, and repair facilities, provided that all such activities are enclosed within a structure.

6. “Boarding house” means a building or dwelling in which no more than four persons are housed or lodged for hire, with or without meals. A rooming house or a furnished room, house, or apartment shall be deemed a boarding house.

7. “Buildings” means any enclosed space for human use or activities, whether stationary or movable.

A. The term “principal building” means a building, including covered porches, carports, and attached garages, in which is conducted the principal use of the lot on which it is situated. In any residence district the main dwelling shall be deemed to be the principal building on the lot.

B. The term “accessory building” means a subordinate building, the use of which is incidental to that of a principal building on the same lot.

8. “Building line” means an imaginary line parallel to the front lot line over which no portion of any building may extend and which is a distance from the front lot line equal to the depth of the front yard required for the district in which such lot is located.

9. “Commercial car wash” means a building or portion of a building where vehicles are washed.



10. “Dwelling” means a building, including one-family dwellings, two-family dwellings, and multiple-family dwellings, but not including an automobile house trailer, designed or used primarily for residential occupancy or hotels or motels.

A. The term “single-family dwelling” means a building designed or used exclusively for occupancy by one family.

B. The term “two-family dwelling” means a building designed or used exclusively for occupancy by two families.

C. The term “multiple-family dwelling” means a building containing three or more dwelling units.

D. The term “dwelling unit” means a unit consisting of one or more rooms in a residential building that are arranged, designed, used, or intended for use as living quarters for one family plus not more than three lodgers. Individual bathrooms are not necessarily provided, but complete kitchen facilities, permanently installed, are always included for each “dwelling unit.”

E. “Mobile home” means a residential unit built off-site, designed to meet U.S. Department of Housing and Urban Development (HUD) Code standards. This definition shall not be construed as permitting a mobile home to be placed in other than an approved mobile home park, unless such mobile home is classified as a manufactured home or modular home.

F. “Manufactured home” means a residential unit built off-site, designed to meet HUD Code standards, and transported to the site of its installation. It is required to display a seal from HUD.

G. “Modular home” means a residential unit built off-site and transported to the site of its installation, which is designed to meet Iowa or City building codes rather than the HUD Code. In Iowa, a modular home is required to display a seal issued by the State Building Code Commissioner.

11. “Entry way or landing, decks and terraces.”

A. “Entry ways or landing” is defined as a means of entering the front ofa principal residential building, most likely in the form of an uncoveredstaircase, steps, or a ramp. The entryway or landing will not be included aspart of the principal residential building if no part of it is closer to the front lotline than described below

Zone DistanceR-1 35 feetR-2 25 feetR-3 20 feetR-4 15 feet

B. Decks and Terraces.

(1) “Deck” means any flat-floored, roofless structure, at or above the finished grade, adjoining or directly adjacent to a building. “Terrace” means a level, landscaped and/or surfaced area directly adjacent to a building at or within three feet of the finished grade and not covered by a permanent roof.

(2) Decks and terraces in the front yard may extend from thebuilding a length no greater than 40% of the distance between the front



lot line and the closest building facade to the front lot line, up to amaximum of 12 feet, and shall maintain a minimum setback distanceof 15 feet from the front lot line. Decks and terraces in the side andrear yard shall maintain a five foot setback from the side and rear lotlines.

12. “Family” means an immediate or an extended family consisting of one or more persons related by blood, marriage, or adoption; foster children; and not to exceed two gratuitous guests, who maintain a common household.

13. “Filling station” means any area of land, including structures, that is used or designed to be used primarily for the supply of gasoline, oil, or other fuel for the propulsion of motor vehicles and that may include facilities used or designed to be used for polishing, greasing, washing, dry cleaning, or other cleaning or servicing of such motor vehicles.

14. “Floor area of building” means the sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot, except that in residential buildings, the cellar, basement, and attic floor area not devoted to residential use shall be excluded, but the area of roofed porches and roofed terraces shall be included. All dimensions shall be measured between exterior faces of walls.

15. “Garage, private” means an enclosed space for the storage of one or more motor vehicles, provided that no business, occupation, or service is conducted for profit or space for more than one car rented to a nonresident of the premises.

16. “Garage, repair” means a garage, other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, parts sales, and adjusting or equipping of automobiles or other motorized equipment.

17. “Home occupation” means an occupation or a profession which:

A. Is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit; and

B. Is carried on by a member of the family residing in the dwelling unit for residential purposes; and

C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and

D. Which conforms to the following additional conditions:

(1) The occupation or profession shall be carried on wholly within the principal building or within an accessory structure.

(2) Not more than one person outside the family shall be employed in the home occupation.

(3) There shall be no exterior display, no exterior storage of materials, and no other exterior indication of the home occupation or variation from the residential character of the principal building, and the occupation or profession must not depreciate property values in the immediate areas.



(4) No noise, vibration, smoke, dust, odors, heat, or glare shall beproduced which is detrimental to the residential character of the zoning district in which it is located.

(5) Not more than one-half of the floor area of any one floor orbasement shall be used for the occupation or profession.

(6) The occupation shall not include the breeding, raising, keeping of dogs or other animals for profit, or boarding dogs or other animals for profit.

18. “Hotel” and “motel” mean a building, which contains living and sleeping accommodations for hire by five or more persons.

19. “Junkyard” means an area of land with or without buildings used for or occupied by a deposit, collection, or the storage, outside of a completely enclosed building, of used and discarded materials such as waste paper, rags, scrap metal, used building materials, house furnishings, machinery, vehicles, or parts of vehicles, with or without the dismantling, processing, salvage, sale, other use or disposition of the same.

20. “Lot” means one or more contiguous parcels of land united by a common interest or use considered as a unit occupied by a principal building or use and itsaccessory buildings and uses, if any, including the open spaces of such unit of land. It may or may not coincide with the deed description or boundaries as shown on the Tax Assessment Map of the City or a plat filed for record or otherwise.

A. The term “lot area” means the area of land enclosed within the boundaries of the lot.

B. The term “lot line” means a boundary line of a lot. In most cases the lot line is located on the inside of the sidewalk.

C. The term “front lot line” is that boundary of a lot that is along an existing or dedicated public street or, where no public street exists, is along a public way.

D. The term “rear lot line” means that boundary of a lot that is most distant from and is, or is most nearly, parallel to the front lot line.

E. The term “side lot line” means any boundary of a lot that is not a front lot line or a rear lot line.

F. The term “lot width” means the straight-line distance between points on opposite side lot lines at the building line.

21. “Mobile home park” means any premises where three or more mobile, modular,manufactured homes, or any combination of the three, operated as a for-profit enterprise, with water, sewer or septic, and electrical services available, are parked for living or sleeping purposes, or any premises used or set apart for public parking space for three or more of such homes for living or sleeping purposes.

22. “Nonconforming use” means any use of land, buildings, or other structure which does not comply with all of the regulations of this chapter governing use for the zoning district in which the use is located.

23. “Parking space” means an off-street space accessible and available for the parking of one motor vehicle and having an area of not less than 300 square feet



inclusive of appurtenant passageways and aisles, but exclusive of access driveways exceeding 20 feet in length.

24. “Sign” means any structure that displays any letter, word, model, banner, flag, pennant, insignia, device, or representation used as, or which is in the nature of, an announcement, direction, or advertisement. The word “sign” includes the word “billboard,” but does not include the flag, pennant, or insignia, either original or authentic reproduction, of any nation, state, city, or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious, or like campaign, drive, movement, or event.

25. “Street” means an existing State, County, or municipal road, or a street shown upon a plat approved by the City, or a street or a plat duly filed and recorded in the office of the County Clerk.

26. “Structure” means anything constructed or erected, which requires location on the ground or attached to something having a location on or in the ground. A “structure” does not include fences (or walls used as fences) less than 30 inches in height; poles; lines; cables; or other transmission or distribution facilities of public utilities. The word “structure” includes all buildings, whether or not attached to the ground, and all concrete and concrete block construction, such as sidewalks and patios.

27. “Tree berm” means that land owned by the City, abutting both sides of every street. The tree berm is principally used for the installation and maintenance of public utilities. In most cases, sidewalks that parallel streets are located on tree berms.

28. “Use, principal” means the specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.

29. “Yard” means the space on a lot extending along a lot line between such “lot line” and a principal building, buildings, or structures, occupying such lot. Yard measurement shall be taken from the building wall to the lot line. (See subsection 20.)

A. The term “front yard” means a yard extending the full width of the lot and situated between the front lot line and the building line. The depth of front yard shall be measured between the building line and the front lot line. Covered porches and garages, whether enclosed or unenclosed, are considered as part of the main building and shall not project into a required front yard.

B. The term “rear yard” means a yard extending a full width of the lot and situated between the rear line of the principal building and the rear lot line.

C. The term “side yard” means a yard situated between the principal building and the other structures and the side lot line and extending from the front yard to the rear yard.

165.05 SCOPE. No building or structure shall be erected, constructed, reconstructed, or altered and no building, structure, or land shall be used except in conformity with the provisions of this chapter.

165.06 NONCONFORMING USES AND STRUCTURES. The continuance of nonconforming uses or structures shall be subject to the following limitations:

1. Continuation. Any lawful use of a building or land, existing at the effective date of this chapter, may be continued, although such use does not conform to the provisions of this chapter.



2. Extension. A nonconforming use shall not be extended, but the extension of aconforming use to any portion of a nonconforming building which existed prior to the effective date of this chapter shall not be deemed the extension of a nonconforming use.

3. Restoration. No structure constructed or expanded after December 31, 2007,that is damaged by fire or other causes to the extent of more than 50 percent of its current market value shall be repaired or rebuilt except in conformity with the regulations of this chapter. However, the following rule shall apply to structures that were constructed or expanded prior to December 31, 2007, in violation of the City Zoning Code in regard to setback distances, uses, or other reasons. If such nonconforming structures are damaged or destroyed, the repair or reconstruction of such structures shall not change the location (setback distances), dimensions, or use of the damaged or destroyed structure.

4. Abandonment. Whenever a nonconforming use has been discontinued for a period of one continuous year, or 365 days within a 730-day period, such use shall not be re-established and any subsequent use shall be in conformity with the provisions of this chapter.

5. Substitution of Nonconforming Uses. No nonconforming use may be changed to any other nonconforming use, unless the Board of Adjustment shall find that the proposed nonconforming use is not more detrimental to the district than the existing nonconforming use of the property. The Board of Adjustment may specify suchappropriate conditions and safeguards as may be required in connection with such change.

165.07 VISION OBSTRUCTION.

1. In all districts, on any corner lot at a street intersection which has some form oftraffic controls, there shall be no obstructions to traffic visibility within the clear sight triangle that is formed by the intersection of the centerline of two intersecting streets and a straight line joining the two centerlines at points 55 feet distant from the point of intersection.

2. In all districts, on any corner lot at a street which does not have any form of traffic control, there shall be no obstructions to traffic visibility within the clear sight triangle that is formed by the intersection of the centerline of two intersecting streets and a straight line joining the two centerlines at points to a given number of feet distant from their point of intersection. The distances from this point of intersection are given on the following table for various speeds in miles per hour of enforced speed limits.

Distance Measurements for Clear Sight Triangles

Miles Per Hour Distance Measurements20 73 feet25 99 feet30 126 feet

165.08 CONVERSION OF BUILDINGS. The Board of Adjustment may authorize a variance to permit the conversion of any building into a two-family or multiple-family dwelling in any permissible residential district, provided that the lot area per family shall not be reduced to less than the lot area required for such conversion in each of the respective residential districts.



165.09 REDUCTION OF LOT. No lot shall be sold, divided, or set off in such a manner that either the portion sold, divided, or set off, or the portion remaining shall be less than the minimum size prescribed by the regulations relating to the district in which it is situated, unless it becomes a part of an adjacent lot which will then conform with regulations.

165.10 MINIMUM FLOOR AREAS. Every dwelling shall have at least one Habitable Space that shall have not less than 100 square feet of gross floor area.

165.11 CONSTRUCTIONS OF PUBLIC UTILITIES. No building or any other structure shall be constructed over the location of any public utility line, pipe, etc., or placed within 25 feet of the center of any open or closed drainage ditch, except for tree berm parking facilities approved by the City Council.

165.12 STORMWATER DETENTION. When more than 10,000 square feet of impervious surface is added to an existing property, the runoff from the post-development 100-year storm shall be temporarily retained on-site while outletting at a rate of runoff that does not exceed the pre-development 5-year storm. Detention/retention facilities shall be designed to meet the requirements of the current edition of the Iowa Stormwater Management Manual.

165.13 MOBILE HOMES. Mobile homes shall not be parked, temporarily or permanently, in any zoning district except for the Residence R-5 District.

1. Manufactured Homes and Modular Homes. Manufactured and modular homesshall be at least 24 feet wide. Such homes shall be located and installed according to the same standards, including (but not limited to) a permanent foundation system, setback, and minimum square footage which applies to a site-built, single-family dwelling on the same lot, and shall be assessed and taxed as a site-built dwelling. Such homes shall have a permanent foundation system. When such homes are located outside a mobile home park they shall have visual compatibility with the permanent foundation system used by the surrounding residential structures.

(Code of Iowa, Sec 335.30)

2. Occupation of Family Dwellings. The only permitted occupants of a single-family dwelling shall be one family. Likewise, two-family dwellings and multiple-family dwellings shall be occupied by only one family in each separate dwelling. Each dwelling shall contain sufficient food storage and preparation facilities and a sufficient number of bedrooms, bath facilities, and toilets to accommodate the number of occupants without causing the dwelling to become unsanitary or unhealthy. The best interests of the children in a dwelling shall be a primary consideration.

165.14 ACCESSORY BUILDINGS. The following regulations apply to accessory buildings:

1. No accessory building or other structures may be erected or located within the front yard.

2. The maximum aggregate size of an accessory building shall be lesser of the two following measurements:

A. 20 percent of the area of the rear yard.

B. One thousand, five hundred square feet, except in R-4 districts, where 288 square feet may be allowed per dwelling unit.



This regulation shall not be interpreted to prohibit the construction of a 440-square-foot garage on a minimum rear yard.

3. No accessory building shall be used or constructed without occupancy of the principal building.

4. No accessory building shall be located within four feet of any rear yard lot line.

5. Accessory buildings shall maintain the appearance of and have building materials similar in nature to the principal structure on the lot.

165.15 ROOF OVERHANGS AND PROJECTIONS. Roof overhangs and projections shall not project more than 24 inches into any required yard.

165.16 OFF-STREET PARKING REQUIREMENTS. In all districts except the B-1Central Business District, there shall be provided at the time any building or structure is erected or structurally altered, except as otherwise provided in this chapter, minimum off-street parking spaces in accordance with the following:

Facility Required Parking Spaces

Apartment House Each apartment house must have two parking spaces for each dwelling unit or suite.

Bowling Alley Six parking spaces must be provided for each bowling lane.

Business Buildings

Each business or professional building, studio, bank, and medical or dental clinic must have three parking spaces, plus one additional parking space for each 400 square feet of floor area over 1,000 square feet.

Churches Each church must have one parking space for each four seats in the main auditorium.

Clubs Each club, lodge, or gymnasium must have one parking space for each ten members.

Colleges, High SchoolsEach college or high school must have parking space for each eight seats in the main auditorium, or three spaces for each classroom, whichever is greater.

Facility Required Parking Spaces

Single-Family Dwelling Single-family dwellings must have two parking spaces, one of which may be located between the property line and the garage or dwelling.

Two-Family Dwelling Two-family dwellings must have four parking spaces.

Hotels, Motels, and Rooming Houses Each hotel, motel, and rooming house must have one parking space for each sleeping room or suite.

Industries

Each manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, or warehouse must have one parking space for every two employees on the maximum working shift, plus space to accommodate all trucks and other business vehicles.

RestaurantsEach restaurant, nightclub, cafe, or similar recreation or amusement establishment must have one parking space for each 100 square feet of floor space.

Retail Stores Each retail store or personal service establishment must have one parking space for each 200 square feet of floor space.

Nursing Home Each convalescent home, home for the aged, or similar institution must have one parking space for each six beds.

SchoolsEach school (except high schools or colleges) must have one parking space for each 10 seats in the auditorium or main assembly room, or one space for each classroom, whichever is greater.

Theaters Each theater must have one parking space for each four seats or bench seating spaces.



165.17 COMPUTING NUMBER OF REQUIRED PARKING SPACES. In computing the number of required parking spaces, the following rules shall govern:

1. “Floor area” means the gross floor area of the specific use.

2. Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.

3. The parking space requirement for a use not specifically mentioned shall be thesame as required for a use of a similar nature, as determined by the Zoning Officer.

4. Whenever a building or use is enlarged, the number of parking spaces shall beincreased accordingly.

5. In the case of mixed or joint uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

165.18 LOCATION OF PARKING SPACES. All required parking spaces shall be located on, or immediately adjacent to, the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces as provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located and maintained not to exceed 300 feet from an institutional or other nonresidential building served.

1. Up to 50 percent of the parking spaces required for theatres, bowling alleys, night clubs or cafes; and up to 100 percent of the parking spaces required for a church or school auditorium may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments or similar uses not normally open, used or operated during the same hours as those listed in; provided, however, a written agreement is attached to the building or use permit application.

2. In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, and shall be filed with the application for a building or use permit. After construction or implementation of the use, the agreement shall be filed with the Wright County Recorder.

3. Off-street parking may be located within the required front yard of any B-1 or B-2 District, but no off-street parking shall be permitted in the required front yard of any R District except upon a driveway providing access to a garage, carport, or parking area for a dwelling. In residential districts, no required parking space shall be located closer to any side yard than is allowed in the applicable district.

165.19 TREE-BERM PARKING. See the regulations in Section 69.11.



165.20 OFF-STREET LOADING REQUIREMENTS. There shall be provided at the time any building is erected or structurally altered, except as otherwise provided in this Code, off-street loading spaces in accordance with the following requirements:

Facility Square Feet of Gross Floor Area Number of Spaces

Office Buildings and Hotels5,000 to 50,000 1

50,000 to 200,000 2Each 75,000 in excess of 200,000 1 additional

Retail or Service Establishment orWholesale and Commercial Use

2,000 to 20,000 120,000 to 100,000 2

Each 75,000 in excess of 200,000 1 additional

Manufacturing or Industrial Use 5,000 to 25,000 1Each 75,000 in excess of 25,000 1 additional

No building or part of a building in a business district which is used for any of the purposes specified above shall be enlarged or extended unless off-street loading space is provided in accordance with the provisions of this section. No building or part of a building in an industrial district which is used for any of the purposes specified above shall be enlarged or extended to provide a gross floor area of 25,000 square feet or more, unless off-street loading space is provided in accordance with the provisions of this section.

165.21 SIGNS.

1. Residence Signs.

A. Signs are not permitted in any residence district, except as used with home occupations and public or semi-public uses, in which case they shall conform to this section.

B. Except as otherwise provided, home occupation or professional signs in any residence district or in connection with any residential building in any other district shall not exceed six square feet in area.

C. Any announcement sign of a club or public or semi-public building shall not be more than 12 square feet in area and shall refer only to the premisesthat it occupies.

2. Business Signs.

A. In B-1 and B-2 Districts, signs, any part of which projects out from the building from four inches to 18 inches, shall be erected so that no portion of the sign is less than eight feet above grade.

B. Signs which project more than 18 inches from the building must be at least 12 feet above grade and may extend a maximum of eight feet, provided that they do not extend further outward than a point two feet in back of the curb face.

C. Moving, flashing, or illuminated signs or colored lights that may be confused with traffic lights and therefore potentially hazardous are not permitted.

D. Freestanding commercial or industrial signs placed on a vacant lot that do not otherwise conform to these regulations may be permitted when authorized as a special exception by the Zoning Board of Adjustment.



3. Real Estate Signs. Real estate signs that are not more than six square feet in area and are located a distance of at least one-half the depth of the required yard behind the front lot line may advertise the sale, rental, or lease of only the premises on which such signs are maintained. Not more than two such signs shall be permitted per 100 feet of lot frontage.

4. Industrial Signs. In the industrial district, industrial signs, billboards, oradvertising structures shall be permitted subject to the following conditions:

A. No sign may extend over the public right-of-way more than six feet or closer than five feet to the curb face unless the bottom point of such sign is at least 14 feet above the top of the curb. In no case shall any projecting sign extend beyond the face of the curb.

B. If the sign is illuminated, it shall not be the flashing beacon type, and if such illuminated sign faces a residential zone district or a residential use in any zone district, it shall be located at least 100 feet therefrom, measured perpendicular to the face of the sign.

C. Within 30 days after a business ceases to operate, all of the signs that are located on or near the former business premises shall be removed by the owner of the premises.

165.22 FENCES.

1. Fences or walls not exceeding 30 inches in height may be erected on any part of a lot in any residential district without a permit. The height of such walls or fences shall be determined by measurement from the ground level at the lowest grade level within three feet of either side of such fence or wall. If a residential lot faces onto a business or an industrial zone district, the height of the fence or wall in front of the building line for structures may be four feet high without requirement of a building permit.

2. Any fence or wall more than 30 inches in height shall be considered a structure and shall require a building permit. No fence shall exceed eight feet in height.

3. No fence or wall over 30 inches in height shall project beyond any building into the front yard. No fence or wall shall be erected within one foot of either side lot line or rear lot line (or within four feet of the rear lot line if an alley is abutting).

4. All swimming pools located within the zoning jurisdiction of the City shall besurrounded by a fence or wall at least four feet in height. The fence or wall shall be designed to prevent entry into the pool by small children and by dogs and cats.

5. When a fence is constructed, the posts and rails shall be positioned to face the inside of the property.



165.23 FILLING STATIONS. In any district where permitted, a filling station shall be subject to the following regulations:

1. The area for use by motor vehicles, except access drives, as well as any structures shall not encroach on any required yard area.

2. No fuel delivery pump shall be located within 20 feet from any side lot line orwithin 35 feet of any street line and no fuel pump shall be located within 50 feet of the side or rear lot line which lies next to a residence.

3. All major repair work shall be done within a completely enclosed building.

4. All automobile parts, dismantled vehicles, and merchandise shall be stored within the confines of the building during the hours when the business is not operating.

165.24 SPECIAL MOTEL DEVELOPMENT STANDARDS.

1. Minimum Lot Area. The minimum lot area shall be one acre and the access shall be located no closer than 30 feet to the side lot lines. The setback of any structure shall be 50 feet from the front lot line on the street on which the property fronts.

2. Yard Requirements. A minimum of 25 feet shall be provided for both side yards and a 30-foot rear yard shall be provided.

3. Lot Area Per Unit. A minimum of 4,000 square feet shall be required for eachbedroom unit.

165.25 ANNEXATION. Any parcel of land annexed into the City limits shall automatically become subject to the provisions of the Residence R-1 District until otherwise zoned in accordance with the stipulated amending procedure.

165.26 HEIGHT REGULATIONS. In Residence Districts, no residence shall exceed 35 feet in height, and accessory buildings, outbuildings, and other structures shall not exceed 15feet in height. Measurements shall be from the natural surface of the earth to the tallest point of the structure. Structures supporting utility facilities are exempted from the provisions of this section.

165.27 PERFORMANCE STANDARDS.

1. Application. In all zoning districts the following requirements shall apply. No use that does not conform to the following standards of use, occupancy, and operation shall be permitted within the City. These standards are established as the minimum requirements to be maintained within the City.

2. Noise. At no point along any lot line in a residential district shall the soundpressure level of any individual operation or plant exceed a sound level of 50 decibels. Objectionable sounds of an intermittent nature shall be controlled so as not to become a nuisance to adjacent uses. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards described by the American Standards Association.

3. Odor. No emission of odorous gases or other odorous matters in such quantity as to be offensive at the lot lines or beyond shall be permitted. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.



4. Glare or Heat. Any operation producing intense glare or heat shall be performed within a completely enclosed building so that no operation will produce heat or glare beyond the property line of the lot on which the operation is located.

5. Radiation. No activity involving ionizing radiation shall be permitted which will cause radiation at any point on or beyond any lot line in excess of United States Bureau of Standards specifications for radiation protection.

6. Vibration. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on or beyond any lot on which the use is located.

7. Smoke. There shall be no emission of smoke from any source whatever to adensity greater than that density allowed by the applicable laws and regulations of the State of Iowa.

8. Toxic or Nontoxic Matter. No use shall for any period of time discharge any toxic or nontoxic matter in such concentration as to be detrimental to or endanger the public health, safety, comfort, or welfare or cause injury or damage to property or business.

9. Dust or Dirt. No emission which can cause any detrimental effects to humanbeings, animals, or vegetation, or of property, or which can cause any excessive soiling at any point and in no event any emission from any chimney or otherwise of any solid or liquid particles in concentration exceeding the minimum requirements of the applicable laws and regulations of the State of Iowa.

10. Fire and Safety. Incombustible to moderate burning materials shall be permitted freely, provided such outdoor storage conforms with the other requirements in this chapter. Free or active burning to intense burning materials shall be enclosed with incombustible walls and shall be set back at least 40 feet from any lot line or shall be protected with automatic sprinklers. Materials or products which produce flammable or explosive vapors under ordinary weather temperatures shall be prohibited.

11. Liquid or Solid Wastes. No discharge of any materials, at any point into anyprivate sewage disposal system, or stream, or into the ground, in any such way or of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements, shall be permitted except in accordance with the standards approved by the Iowa Department of Health. No accumulation of solid waste conducive to the breeding of rodents or insects shall be permitted and no materials or wastes shall be deposited upon any lot in such form or manner as may be transferred off of that lot by natural causes or forces.



165.28 PERMANENT FOUNDATIONS FOR MANUFACTURED, MODULAR, ANDMOBILE HOMES. After July 1, 1994, manufactured, modular, and mobile homes placed on sites located outside of mobile home parks shall be placed on a permanent foundation system. A pier footing system, where the manufactured home is supported at key structural points as opposed to a full perimeter system is considered permanent, if constructed according to industry-wide standards and if visually compatible with most nearby residences. All permanent foundation units shall be installed with support and anchorage, with applicable portions of the system extending below the deepest frost line. The outside appearance of every foundation shall be visually compatible with most other permanent foundation systems in the same addition, subdivision, or area of the City.

165.29 ZONING DISTRICTS. For the purpose of this chapter, the City is divided into ninetypes of districts:

1. Residence R-1 District





6. Downtown D-1 District

7. Business B-1 District

8. Business B-2 District

9. Industrial I-1 District

165.30 ZONING MAP. The districts are bounded and defined as shown on the Zoning District Map for the City which is on file at City Hall.†

165.31 ZONING RULES. The rules for interpretation of district boundaries shall be as follows:

1. Where a boundary line is shown as approximately following the centerline of astreet or highway, a street line or highway right-of-way line, this centerline, street line, or right-of-way line shall be construed to be such boundary. The boundary line will be changed automatically whenever the centerline, street line, or highway right-of-line is changed, provided that the change does not exceed 20 feet.

2. Where a boundary line is shown as following a lot line, such lot line shall beconstrued as the boundary.

3. Where a boundary line follows a stream, such boundary shall be deemed to be the centerline of the stream. For any body of water, the regulations of the most restrictive adjacent district in which it is located shall apply.

4. Where a boundary line is shown as approximately parallel to a street, highway,stream, or railroad line such boundary shall be construed as being parallel and at such distance from the centerline, as indicated on the zoning map.

† See Editor’s Note at the end of this chapter for ordinances amending the zoning map.



5. Where a district boundary line divides a lot which was held in single and separate ownership at the time the boundary line was established, the use regulations applicable to the least restrictive district shall extend over the portion of the line in the more restrictive district a distance of not more than 30 feet beyond the district boundary line.

CHAPTER 165 ZONING REGULATIONSR-1 District


165.32 RESIDENCE R-1 DISTRICT. In Residence R-1 District, the provisions of this section apply.

Permitted Uses – R-1 District

Single-family dwelling

Churches and similar places of worship

Public and parochial schools of general instruction

Public libraries, museums, parks, playgrounds, and similar community facilities

Governmental administration and services such as office, firehouse, police, first aid, civil defense and like uses; however, this section shall not be interpreted to permit such uses as warehousing, indoor and outdoor storage of vehicles, road building equipment, and supplies

Agriculture as a living (except for all livestock, poultry, and commercial animals or birds of any kind) provided that there is no display of products other than in growth visible from the street

Accessory uses incidental to any of the foregoing permitted uses, such as private garages, private parking lots, etc.

Single-family detached dwellings, provided that for all new single-family detached dwellings the minimum dimension (width or length) of the dwelling (except for attached porches, garages for vehicular storage, and buildings used solely for storage) shall not be less than 20 feet

Special Exceptions – R-1 District

Home occupation or profession

Private swimming pools, not operated for profit, that meet recognized construction and safety standards and all other requirements of this chapter

There shall be no raising or pasturing of livestock, poultry, or commercial, domestic animals, or birds of any kind

Public utility substations or pumping stations, upon a showing that such structure is essential to serve the immediate neighborhood, that it cannot be located in any other type of district and that it is housed in buildings that harmonize with the character of the neighborhood and has adequate fences and other safety devices, adequate screening and landscaping, and meets all other standards of this chapter

Private schools of general instruction, whether or not operated for profit

Non-municipal libraries, museums, art galleries, and community centers, whether or not operated for profit; and noncommercial clubs, lodges, or fraternal organizations

Removable roadside stands for the sale of farm products produced on premises; provided, however, any such stand shall be situated not less than 40 feet from the street right-of-way line or lot line and shall have adequate off-street parking facilities, and in no event less than four parking spaces. Such stands shall be removed during seasons when products are not being offered for sale

Professional, business, medical, or dental offices

Accessory uses incidental to any of the foregoing special exceptions



Nonagricultural Use Area Regulations

Where the basic use of a lot is for purposes other than agricultural and does not include growing of plants for income and where no livestock or farm animals will be housed and fed, the following area regulations will apply:

Lot Area and Width A lot area of not less than one acre per family shall be provided for every building erected or used in whole or in part as a dwelling. Each lot shall be a building line frontage of not less than 150 feet.

Front Yard There shall be a front yard on each street on which a lot abuts, which yard shall be not less than 40 feet in depth.

Side Yard There shall be two side yards on each lot, neither of which shall be less than 40 in depth.

Rear Yard There shall be a rear yard on each lot, which yard shall not be less than 100 feet.

Agriculture Use Area Regulations

The following regulations as to the area shall apply to the Residence R-1 District.

Lot Area and Width A lot area of not less than three acres per family shall be provided for every building erected or used in whole or in part as an agricultural dwelling. Each lot shall have a building line frontage of not less than 300 feet.

Front Yard There shall be a front yard on each street on which a lot abuts, which yard shall not be less than 50 feet in depth.

Side Yard There shall be two side yards on each lot, neither of which shall be less than 70 feet in depth.

Rear Yard There shall be a rear yard on each lot, which yard shall be not less than 70 feet in depth.

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All permitted uses for Residence R-1 District, except that agriculture as a living is prohibited

Boarding house, provided that not more than four boarders are permitted without special exception by the Board of Adjustment of the City

Accessory uses customarily incidental to any of the above-permitted uses


All uses allowed by special exception in the Residence R-1 District, except that roadside stands and livestock, poultry, or other commercial animals or birds are specifically prohibited

Vocational or trade schools, whether or not operated for profit

Area Regulations

The following regulations as to the area shall apply to the Residence R-2 District:

Lot Area and Width A lot area of not less than 9,000 square feet per family shall be provided for every building erected or used in whole or in part as a dwelling. Each lot shall have a building line frontage of not less than 75 feet.

Front Yard There shall be a front yard on the street on which a lot abuts, which yard shall be not less than 30 feet in depth. Corner lots shall have a front yard of not less than 30 feet in depth facing one of the streets and a side yard of not less than 30 feet in depth facing the other street.

Side Yard There shall be two side yards on each lot neither of which shall be less than ten feet in depth






All permitted uses for the Residence R-2 District

Two-family dwellings


All uses allowed by special exception in the Residence R-2 District

Conversion into two-family dwelling in accordance with Section 165.03(4) of this chapter

Area Regulations


Lot Area and Width (Single-Family Structures)

A lot area of not less than 5,000 square feet per family shall be provided for every building erected or used in whole or in part as a dwelling. Each lot shall have a building line frontage of not less than 50 feet.

Lot Area and Width (Two-Family Dwellings)

Add 2,400 square feet of lot area and 25 feet of building line frontage for each additional building unit.


Side Yard There shall be two side yards on each lot, neither of which shall be less than eight feet in depth.

Rear Yard There shall be a rear yard on each lot, which shall be not less than 25 feet in depth.





All permitted uses for the Residence R-3 District

Multiple-family dwellings


All uses allowed by special exception in Residence R-3 District

Conversion into two-family or multiple dwellings in accordance with Section 165.03(4).

Area Regulations


Lot Area and Width A lot area of not less than 6,000 square feet per family shall be provided for every single-family dwelling erected or used in whole or in part as a dwelling. Each lot shall have a building line frontage of not less than 60 feet. For multi-unit dwellings, add 2,400 square feet for each additional dwelling unit with a minimum building line frontage of 100 feet. For two-family dwellings 2,400 square feet of area and 20 feet of building line frontage must be added for each additional dwelling unit.


Side Yard There shall be two side yards on each lot, neither of which shall be less than six feet in depth with a minimum aggregate of 16 feet.






Mobile Homes

Buildings, structures, or enclosures used or intended for use as a part of the mobile home park


Buildings, structures, or enclosures that are available for the use of the residents of the mobile home park, such as mini-storage complexes

Area Regulations

See regulations prescribed for Mobile Home Parks in Section 147.04 of this Code of Ordinances.

Supplementary Regulations

No commercial business shall be carried on in a mobile home or trailer constructed as a mobile home. A mobile home shall not be parked or occupied in other than an approved mobile home park.

CHAPTER 165 ZONING REGULATIONSD-1 District


165.37 DOWNTOWN D-1 DISTRICT. In the Downtown D-1 District the provisions of this section apply.

Permitted Uses – D-1 District

Any permitted use for the Business B-1 District

Single-family, two-family dwelling, or multiple-family dwellings located on the second floor that are an incidental use of the building provided that such use conforms to all use requirements of this District and other Municipal Code of Ordinance provisions and does not impact the primary use of the building allowed in Business B-1 District

Non-Permitted Uses – D-1 District

Single-family, two-family dwelling, or multiple-family dwellings that are located on the ground level or considered primary uses of the building.

Area Regulations

The following regulations as to area shall apply to the Downtown D-1 District

Adjacent to Other Districts

All buildings and incidental uses on lots adjacent to a residential district shall be located to provide a 50-foot setback on the side abutting the residential district. When adjacent to other than residential districts no setback is required.

Front Yard No front yard shall be required in the Downtown D-1 District.

Side Yard No side yard shall be required in the Downtown D-1 District.

Rear Yard No building shall be within four feet of the rear lot line.

CHAPTER 165 ZONING REGULATIONSB-1 District


165.38 BUSINESS B-1 DISTRICT. In the Business B-1 District the provisions of this section apply.

Permitted Uses – B-1 District

Retail or service store or shop

Personal service shop or agency such as tailor, dressmaking, beauty, barber shop, or shoe repair shop

Medical or dental clinic

Business, professional, and governmental offices

Automobile sales rooms, indoor automotive storage, and parking lots

Hotels and motels, provided that they have frontage and access on major traffic arteries

Eating and drinking establishments, except those offering in-car services

Completely enclosed theaters

Public transportation passenger facilities

Telephone exchanges

Prohibited Uses – B-1 District

In Business B-1 Districts, no building may be used in whole or in part for any of the following purposes:

School, church, hospital, nursing home, correctional facility, or other institutional use

Cemetery

Residential uses or any dwelling

Area Regulations

The following regulations as to area shall apply to the Business B-1 District:

Lot Area and WidthAll buildings intended for residential use in whole or in part shall comply with the area and yard requirements of the Residence R-4District.

Adjacent to Residential District

All buildings and incidental uses on lots adjacent to a residential district shall be located to provide a 50-foot side yard on the side abutting the residential district. When adjacent to other than residential districts no side yard is required; however, where side yards are provided for such a building, each side yard shall be not less than six feet wide.

Front Yard No front yard shall be required in the Business B-1 District

Rear Yard No building shall be within four feet of the rear lot line.

CHAPTER 165 ZONING REGULATIONSB-2 District


165.39 BUSINESS B-2 DISTRICT. In the Business B-2 District the provisions of this section apply.

Permitted Uses – B-2 District

Any permitted use for the Business B-1 District

Indoor, outdoor, and drive-in restaurants

Indoor and outdoor amusements, such as theaters, amusement parks, drive-in theaters, bowling alleys, skating rinks, dance studios, and commercial recreation areas

Wholesale businesses, warehousing and storage, provided that all inventories located on the premises are stored within a completely enclosed structure

Carwashes provided that their operative machinery is within an enclosed structure and adequate drainage is provided

Lumber yards

Animal hospitals

Truck terminals

Building or construction supply business

Fuel supply

Prohibited Uses – B-2 District

In Business B-2 Districts, no building may be used in whole or in part for any of the following purposes:


Cemetery


Area Regulations

The following regulations as to area shall apply to the Business B-2 District.

Adjacent to Residential District

All buildings and incidental uses on lots adjacent to a residential district shall be located to provide a 50-foot side yard on the side abutting the residential district.

Front YardThere shall be a front yard on each lot, which shall be not less than 20 feet in depth.

Side YardThere shall be two side yards on each lot, neither of which shall be less than four feet in depth.

Rear YardThere shall be a rear yard on each lot, which shall be not less than four feet in depth.

CHAPTER 165 ZONING REGULATIONSI-1 District


165.40 INDUSTRIAL I-1 DISTRICT. In the Industrial I-1 District, the provisions of this section apply.

Permitted Uses – I-1 District

All permitted uses for the Business B-2 District, however, no dwellings of any kind are permitted, except dwellings located in Block 26 and the west half of Blocks 21 and 22 of the Wright’s 3rd Addition, Eagle Grove, Iowa, may be replaced within one year after the destruction of the dwelling. In addition, if a new dwelling is constructed, it must be completed within one year after January 1, 2006. The exception shall apply only to those entities or persons who held title to the property in said area on November 21, 2005.

Industrial uses include the use of land or buildings for manufacturing, processing, fabrication, assembling, freight handling, storage, and warehousing or similar operation. Any land or buildings in an industrial district may be used or constructed to be used for any industrial use provided the operation of such use complies with all of the standards and limitations as established in this chapter.

Area Regulations

The following regulations as to area shall apply to the Industrial I-1 District.

Front Yard No building shall be constructed within 20 feet of the front lot lines.

Side Yard On lots adjacent to a residential district, all buildings and incidental areas shall be located so as to provide a minimum side yard of 50 feet on the side adjacent to the residential district. All other side yards shall be a minimum of two feet.

Rear Yard No building shall be constructed within four feet of the rear lot line.

Non-Industrial Uses – I-1 District

In industrial districts, no building maybe used in whole or in part for any of the following purposes:


Cemetery




165.41 TEMPORARY PORTABLE STORAGE CONTAINERS.

1. Definitions.

A. “Temporary Portable Storage Container” shall be defined as a container fabricated for the purpose of transporting freight or goods on a truck, railroad or ship, including cargo containers, shipping containers, storage units, or other portable structures that are placed on private property and used for storage of items, including, but not limited to, clothing, equipment, goods, household or office fixtures or furnishing, materials and merchandise. This definition will also include accessory buildings used for temporary storage.

B. Temporary Portable Storage Containers also include, but are not limited to storage box shipping containers, storage moving “pods”, or any other similar portable storage containers, whether with or without wheels, and whether with or without a chassis.

2. Districts.

A. Residential Districts. The use of Temporary Portable Storage Containers in a Residential District is prohibited, except for the following uses:

(1) A single Temporary Portable Storage Container may be used in all residential zoning districts when a building permit has been issued for construction of a residential unit on that parcel. The Temporary Portable Storage Container shall be allowed on the residential parcel during construction only. The Temporary Portable Storage Container shall be removed within 10 days after final building inspection upon completion of the residential unit or 10 days after the end of construction period defined within the City of Eagle Grove building permit issued for the parcel, whichever comes first.

(2) No Temporary Portable Storage Container shall be permitted on a vacant parcel unless the vacant parcel is adjacent to the parcel where a construction or remodel project has been approved by the Eagle Grove Zoning Official.

(3) Temporary Portable Storage Container may be otherwise allowed on a residential parcel for a period not to exceed 10 days through an official motion by the City of Eagle Grove Board of Adjustment.

(4) Temporary Portable Storage Containers shall not impede traffic or pedestrians. No Temporary Portable Storage Container shall be located in a circulation aisle/lane, fire access lane, public utility easement or public right-of-way, including streets, sidewalks, and park strips.

B. Business Districts. The use of Temporary Portable Storage Containers in any Business District is prohibited, except for the following uses:

(1) Temporary Portable Storage Containers may be used for shipping and receiving merchandise and goods, provided that the Temporary Portable Storage Container does not remain stationary for more than 10 days.



(2) Temporary Portable Storage Containers may be used for storing merchandise or goods, including long-term storage, provided that the Temporary Portable Storage Container is not kept in the front setback area or landscaped area, designated parking areas, fire access lanes, public right-of-way, in an area visible from the property’s primary street or on parcels that are adjacent to a residential district.

(3) Temporary Portable Storage Containers may be used for construction or remodeling purposes when a building permit has been issued for construction on a commercial parcel. The Temporary Portable Storage Container shall be allowed during construction only. The Temporary Portable Storage Container shall be removed within 10 days after final building inspection upon completion of the business unit or 10 days after the end of construction period defined within the City of Eagle Grove building permit issued for the parcel, whichever comes first. No Temporary Portable Storage Container shall be permitted on a vacant parcel unless the vacant parcel is adjacent to the parcel where a construction or remodel project has been approved by the Eagle Grove Zoning Official.

(4) Temporary Portable Storage Containers shall not impede traffic or pedestrians. No Temporary Portable Storage Container shall be placed or located in a circulation aisle/lane, fire access lane, public utility easement or public right-of-way, including streets, sidewalks, and park strips.

C. Industrial Districts. The use of a Temporary Portable Storage Container is permissible in all industrial districts, provided they are not stored on public rights-of-way, in fire access lanes, in landscaped or front setback areas or in an area visible from the property’s primary street.

(1) Temporary Portable Storage Containers shall not impede traffic or pedestrians. No Temporary Portable Storage Container shall be placed or located in a circulation aisle/lane, fire access lane, public utility easement or public right-of-way, including streets, sidewalks, and park strips.

3. Vertical stacking of Temporary Portable Storage Containers and stacking of any other materials on top of or around any Temporary Portable Storage Container shall be prohibited in all districts.

4. In all districts, Temporary Portable Storage Containers must be kept in good repair, be secured against unauthorized entry and comply with health regulations.

A. A Temporary Portable Storage Container is not in a state of good repair when it is incapable of being moved intact, holes in the container exist due to damage or rust or it has been infested with vermin or other pests.

B. Any Temporary Portable Storage Container that has deteriorated and not in state of good repair must be removed immediately.

5. Temporary Portable Storage Containers used for construction purposes must be approved by the Eagle Grove Zoning Official prior to placement when used during construction for less than twelve (12) months. The Planning & Zoning Commission has the authority to authorize but is not required to approve the use of Temporary Portable



Storage Containers for construction or remodel purposes for any period in excess of twelve months.

6. A Temporary Portable Storage Container may not be used as a dwelling or living quarters, nor for camping, cooking or recreation purposes for any amount of time in any district.

7. Any Temporary Portable Storage Container existing on any property in the City of Eagle Grove on the date of final passage of this ordinance shall either be removed from such property or be brought into compliance with the provisions of this section within 30 days of final passage of this ordinance.



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165.42 REQUIREMENTS FOR AMENDING ZONING ORDINANCE. Whenever the public necessity, safety, general welfare, or good zoning practice justifies such action, and after consideration by the City Planning Commission, the City Council may change zone district boundaries, use groups, or the regulations established by this chapter, after public hearing for which public notice is given as provided by Chapter 414.4 of the Code of Iowa.

165.43 INITIATION OF CHANGE. A proposed change of zone district boundaries or regulations may be initiated by the Council, Planning and Zoning Commission, or by application submitted by one or more of the owners of property within the area requested to be changed.

165.44 CONSIDERATION. The Planning and Zoning Commission shall meet when necessary to consider changes to this chapter.

165.45 SITE PLAN AND SCHEDULE. It is recommended that all requests for changes in the Zoning Map be accompanied by the following:

1. Intentions. A complete statement giving reasons and intentions for the plannedfuture use of the area proposed for amendment.

2. Site Plan. A site plan, drawn to scale, showing existing and proposed structures, uses, open spaces, facilities for parking and loading, and arrangements for pedestrian and vehicular circulation of the area proposed for amendment and all abutting properties with their use and zoning district defined.

3. Time Schedule. A proposed time schedule for beginning and completion ofdevelopment.

165.46 FEES AND EXPENSES. All requests for changes in the Zoning Code or Map, except those initiated by the Council or by the Planning and Zoning Commission, shall be accompanied by a fee of $100.00, which shall be used to defray the expenses of administrative preparation for consideration of the request.

165.47 HEARING AND RECOMMENDATION. The Planning and Zoning Commission may recommend approval or disapproval of a requested change either in whole or in part. Recommendations for changes shall be presented to the Council and an ordinance embodying such changes in whole or in part may be adopted by the Council after public hearing.

165.48 PROTEST AGAINST CHANGE. In case of a protest against any changes in the ordinance or map signed by owners of 20% or more of the area included in such proposed change or of those immediately adjacent to the front, side, or rear extending 200 feet or of those directly opposite extending 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 the members of the Council.

165.49 ZONING BOARD OF ADJUSTMENT. A Board of Adjustment is established, the members of which shall be appointed by the Mayor with the approval of the Council. The Board of Adjustment shall consist of five members, none of whom shall hold an elective office or other official position in the City. The initial members shall be appointed for terms of one, two, three, four, and five years respectively. Their successors shall be appointed upon the expiration of their respective terms to serve five years. The members of the Board shall be removable for cause by Council upon written charges and after public hearing. A vacancy shall be filled by the Mayor with the approval of the Council for the unexpired term of any member who resigns,



dies, or is removed. The Board shall elect a Chairperson from its members and a Secretary who may (but need not be) a member of the Board. Three Board members shall make a quorum fortransacting business at a meeting.

1. Powers. The Board of Adjustment shall have the following powers:

A. Administrative Review. To hear and decide appeals where it is alleged by the appellants that there is error in any order, requirement, permit, decision, determination, or refusal made by the Zoning Officer or other administrative official in the carrying out or enforcement of any provision of the Zoning Ordinance, and for interpretation of the Zoning Map. The concurring vote of three members of the Board shall be necessary to reverse or modify any order or decision of any administrative official.

B. Special Exceptions. To hear and decide applications for special exceptions specified in this chapter, and for decisions on any special questions upon which the Board of Adjustment is specifically authorized to pass.

C. Variances. To hear and decide applications for variance from the terms of this chapter because of unnecessary hardship. Before any variance is granted, all of the following conditions must be shown to be present:

(1) Conditions and circumstances are peculiar to the land, structure, or building and do not apply to neighboring lands, structures, or buildings in the same district.

(2) Strict application to the provisions of this chapter will deprive the applicant of reasonable use of the land, structure, or building equivalent to the use made of neighboring lands, structures, or buildings in the same district and permitted under the terms of this chapter.

(3) The peculiar conditions and circumstances are not the result of action of the applicant or persons previously in possession of the property.

D. Financial disadvantage to the property owner shall not constitute conclusive proof of unnecessary hardship with the purposes of zoning.

E. The Board does not possess the power to permit a use not generally or by special exception permitted in the district involved.

F. In granting a variance, the Board may attach any conditions and safeguards it deems necessary or desirable in furthering the purposes of this chapter. Violation of any of these conditions or safeguards shall be deemed a violation of the provisions of this chapter.

G. The City Council may review variances granted by the Board before their effective date, as authorized by the Code of Iowa.

2. Reports. All minutes of the Board of Adjustment shall be reported in writing to the Zoning Officer within seven days of the date of the meeting.

165.50 ZONING OFFICER. The Council shall appoint a Zoning Officer to enforce the provisions of this chapter. It shall be such officer’s duty to examine all applications for permits, issue permits only for construction and uses which are in accordance with the requirements of this chapter, record and file all applications for permits with accompanying plans and



documents, and make such reports as the Council may require. Permits for construction and uses which are a special exception or variance to requirements of this chapter shall be issued only upon order from the Board of Adjustment. An Assistant Zoning Officer may be appointed to assist the Zoning Officer in his or her duties.

165.51 ENFORCEMENT. This chapter shall be enforced by the Zoning Officer who shall in no case, except under a written order of the Board of Adjustment or the Council, issue any permit for the erection or structural alteration of any building, or grant any Zoning and Use Registration Permit for any building or land where the proposed erection, structural alteration, or use would be in violation of any provisions of this chapter.

165.52 PENALTIES. For each and every violation of the provisions of this chapter, the owner, contractor, or other persons interested as general agent, architect, engineer, land surveyor, building contractor, owner, tenant, or any other persons who commit, take part, or assist in any violation of this chapter, or who maintain any building or premises or uses of any land in violation of this chapter, shall for each and every violation be subject to penalties in accordance with this Code of Ordinances, at the discretion of the judicial officer before whom such a violation may be had. Whenever such person shall have been officially notified by the Zoning Officer or other City officers or by service of a summons in a prosecution, or in any other official manner, that he or she is committing a violation, each day’s continuance of such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.

165.53 LANDSCAPE REGULATIONS. The following landscape regulations enable the protection and enhancement of the ecological and aesthetic environments of the City of Eagle Grove. These regulations also further implement the goals contained in the City’s Comprehensive Plan. Landscaping can also effectively enhance the attractiveness of the City of Eagle Grove and improve the quality of life for its citizens and visitors.

1. Definitions:

A. Berm. An earthen mound designed to provide visual interest, screen undesirable views, and/or decreased noise.

B. Buffer. A combination of physical space and vertical elements, such as plants, berms, fences, or walls, designed to set apart or screen one use area from another.

C. Evergreen Tree. A plant with foliage that persists and remains green year-round (does not include arborvitae or similar screening trees).

D. Ground Cover. The area of land or ground that is completely covered with vegetation and/or landscape material. This area shall not include ground where vegetation is growing over the land, but is not planted upon such land (such as a tree growing over a parking lot). Grass shall only count as ground cover when planted in conjunction with other landscape material.

E. Landscape Area. An area that is permanently devoted to and maintained with landscaping materials. Such areas can include, but are not limited to traffic aisles, traffic islands, buffers, entrances, exits, etc.

F. Landscape Material. Living trees, shrubs, and ground cover (including tall grasses, decorative rocks, mulch or tree bark, and similar materials), fences and other similar natural and decorative materials.



G. Landscape Plan. Plan drawn to scale showing the location and amount of landscape material and vegetation on a property. Plan should provide details and/or examples of type of material and plantings that will occur.

H. Landscaping. The modification of the landscape for an aesthetic or functional purpose; including, but not limited to bringing the soil surface to a smooth finished grade, installing trees, shrubs, ground cover, and other vegetation and landscaping material to produce a pleasing visual effect on the area, and improving the overall physical environment.

I. Ornamental Tree. A tree primarily for its ornamental value or for screening purposes; tends to be smaller at maturity than a shade tree (does not include evergreen or shade trees).

J. Parking Island (Directional Aisle). A raised area located within or on the perimeter of a parking lot utilized to delineate, separate, or direct traffic and/or parking areas.

K. Parking Lot. An off-street, surfaced, open area used for the temporary storage of five or more motor vehicles. Such lot is available to the public, whether residents, visitors or employees, for compensation or for free.

L. Shade Tree. A woody plant, usually deciduous, that normally grows with one main trunk and has a canopy that screens and filters the sun in the summer and winter, respectively (does not include a flowering, fruit, or other short-growth trees).

M. Vegetation. All trees, shrubs, grasses, flowers, vegetative ground cover, and other plants that are living.

2. Applicability. The following standards apply to all exterior construction and development activity which requires a building permit. The entire development site must be brought up to compliance with this section unless ALL of the following conditions apply, in which case only the affected areas need to be brought up to compliance:

A. The area of site disturbance is less than 10% of the entire site.

B. Gross floor area is only increased by less than 10%.

C. No demolition of a principal building is involved.

D. Any displaced landscaping elements must be replaced on the site and shown on the landscaping plan.

E. Existing landscaping elements on the site shall count towards the total landscaping points required under this section.

3. Landscaping Elements. The following shall be a list of elements that may be added to the landscape plan to achieve the landscape points.

A. Plant Selection. Plant materials provided in conformance with the provisions of this section shall be nursery quality and tolerant of individual site microclimates.

B. Mulch shall consist of shredded bark, chipped wood, or other organic material installed at a minimum depth of two inches.



C. Foundation plantings shall be installed along building facades, except where building facades directly abut the sidewalk or other hardscape features. Foundation plantings shall consist primarily of shrubs, perennials, and native grasses.

D. Plant list, size and root conditions (i.e. container or ball & burlap).

E. Site amenities, including bike racks, benches, trash receptacles, etc.

F. Storage areas including trash and loading.

G. Lighting (landscape, pedestrian or parking area).

H. Irrigation.

I. Hard surface materials.

J. Labeling of mulching, edging and curbing.

K. Areas of seeding or sodding.

L. Areas to remain undisturbed and limits of land disturbance.

M. Plants shall be depicted at their size at 60% of growth.

N. Existing trees and other planting material.

O. Site grading plan, including storm water management, if applicable.

4. Application. All development and construction shall comply with the provisions in Chapter 165, Zoning Regulations, as applicable. This Section 165.53 shall apply to all zones. In the event of any conflict between two or more requirements in this chapter or in the City of Eagle Grove Code of Ordinances relating to landscaping, buffering, or screening, the stricter provision shall apply.

A. Landscaping plans shall be required in the following instances:

(1) Any new development or construction, which requires a building permit or use permit.

(2) Any alteration to an existing building or development, which requires a building or use permit.

(3) Any parking lot that is constructed that requires a building permit.

(4) A landscaped berm or buffer in a back yard or side yard shall only be applied toward the landscape requirement for developments or construction projects, which require a building permit or use permit, that are directly adjacent to a different zoning district.

5. Lot Coverage Requirements. Landscaping shall be calculated based upon the total developed area of the property. Developed area is defined as that area within a single contiguous boundary which is made up of structures, parking, driveways, and docking/loading facilities, or other non-natural elements. There are two methods for calculating landscape points depending on the zoning district.

A. For all lots except those described in 165.53(5)(B) below, five landscape points shall be provided for each 300 square feet of developed area.

B. For the industrial zoning district, one point shall be provided per 100 square feet of developed area.



C. The City Council for the City of Eagle Grove shall approve the tabulation of points and credits via resolution to define the value of each landscape element for application purposes with prior consideration from the Eagle Grove Parks and Recreation Board.

6. Parking Lot Coverage Requirements.

A. Properties shall be required to provide a minimum of one square foot of landscaping for each parking space provided in addition to any other landscaping required by this section.

B. All parking lots in excess of 20 parking spaces shall be required to have a parking island/directional aisles used for vegetation, delineation, and/or storm water management.

C. All landscaping required by this section shall be located within the parking lot or directly adjacent to the parking lot.

7. Additional Requirements. All landscape material and vegetation required by the provisions of this section shall adhere to the following provisions:

A. Only landscaped areas on private property shall count towards the landscape area required by this section. Landscaping in the dedicated City right-of-way shall not count towards the required area.

B. All landscape material and vegetation shall remain viable and in good condition at all times. Any material or vegetation that dies or becomes displaced shall be replaced with similar or like materials or vegetation by June 1 of the following year.

C. All vegetation shall be suitable for Iowa climate and site characteristics as identified and approved by the City of Eagle Grove Zoning Official.

D. All landscaping shall include a combination of vegetative and landscape material.

E. Grass shall not qualify as landscaping unless planted as part of a landscape area that includes shrubs, trees, flowers, and/or other landscape material that meets or exceeds the point requirement.

F. No bare ground shall be left exposed. Grass and other appropriate groundcover or vegetation shall cover all non-paved and non-built areas.

G. Landscaping shall not reduce or impair automobile vision, site lines, or safety.

H. All vegetation or landscaping that could cause harm to another property’s landscape or vegetation material through disease transfer or other means or impacts the general public’s welfare and safety shall be removed atthe property owner’s expense within seven days of notice by the City of Eagle Grove Zoning Official.

8. Variance. If the property owner can not follow these landscape regulations due to site characteristics, the property owner may request a variance through the Board of Adjustment. The Board of Adjustment may vote to allow the owner to place a monetary amount equivalent to what would be required to follow this section in the Eagle Grove Parks and Recreation Fund.



9. Screening Along District Boundaries. Screening shall be provided along side and rear property boundaries between different zoning districts. Screening shall consist of a solid wall, solid fence, or hedge with year-round foliage, between six and eight feet in height. Height of screening shall be measured from natural or approved grade.

10. Screening of Other Site Elements. The following site elements shall be screened in compatibility with the design elements, materials and colors used elsewhere on the site, as follows:

A. Refuse Disposal Areas. All developments, except single family and two-family developments, shall provide a refuse disposal area. Such area shall be screened on four sides (including a gate for access) by a solid, commercial-grade wood fence, wall, or equivalent material with a minimum height of six feet and not greater than seven feet unless the refuse disposal area is not visible.

11. Maintenance. The property owner of the premises is responsible for the watering, maintenance, repair and replacement of all landscaping, fences, and other landscape architectural features on the site. All planting beds shall be kept weed free. Plant material that has died shall be replaced no later than the upcoming June 1.

165.54 PERMITS. There shall be two types of permits: building permits and use permits. Applicants shall pay a permit fee, to be established from time to time by resolution of the City Council. Unless otherwise specified, a permit issued under this section expires 12 months after it has been issued. After the 12-month period, the permit may be renewed for an additional six months, at no cost to the permit holder. If the project is not completed after 18 months from the original permit application date, a new permit must be obtained and current permit fee paid, in order to continue construction.

1. Building Permits. A building permit shall be required prior to construction of any structure and prior to changing the outside dimensions of any structure. Application for the permit shall be made in writing on forms available at City Hall. The application form shall be accompanied by a plan drawn to scale showing the project’s proposed dimensions, proposed drainage and sewage disposal, and other relevant matters as may be required by the Zoning Officer. In addition, the plan shall be in ink and shall show the following elevations related to the centerline of the street.

A. Elevations at curb line or edge of traveled way;

B. Ditch or waterway bottom and top elevations, where involved;

C. Sidewalk elevation, or elevation at street property if no sidewalk exists;

D. Elevation, or elevations, at the ground line at the edge of the building’s foundation; and

E. The first floor elevation.

2. Use Permits. A use permit shall be required prior to occupying any new building or land and prior to initiating or changing the use of any existing building or land. The application for the permit shall be made in writing on a form provided by City Hall. The application for a use permit shall be combined with the application for a building permit where applicable.

165.55 INTERPRETATION. In the interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, and general welfare. Such provisions are intended, among other



purposes, to provide for adequate light, air, and convenience of access; to lessen congestion in the streets; to secure safety from fire and other dangers; to avoid undue concentration of population by regulating and limiting the height and bulk of buildings wherever erected; to limit and determine the size of yards, courts, and other open spaces; to regulate the density of population; all with reasonable consideration to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of property and encouraging the most appropriate use of land throughout the City.

EDITOR’S NOTE

The following ordinances have been adopted amending the Official Zoning Map described in Section 165.30 of this chapter and have not been included as a part of this Code of Ordinances but have been specifically saved from repeal and are in full force and effect.

ORDINANCE NO. DATE ADOPTED ORDINANCE NO. DATE ADOPTED

2005-06 20052005-09 October 17, 20052012-01 February 6, 20122016-06 September 19, 20162018-03 April 2, 20182018-04 April 2, 20182018-09 July 16, 2018



CHAPTER 170

SUBDIVISION REGULATIONS170.01 Platting Required 170.14 Building Lines170.02 Preliminary Plat Required; Contents 170.15 Acreage Tracts170.03 Action on Preliminary Plat; Modifications 170.16 Sanitary Sewer170.04 Tentative Approval Not Final 170.17 Storm Sewers170.05 Submission of Final Plat; Failure to Submit 170.18 Stormwater Detention170.06 Final Plat Contents 170.19 Water Main System170.07 Owner to File Documents Prior to Approval 170.20 Owner to Provide Street Grading170.08 Assistance From The City 170.21 Underground Utilities170.09 Final Approval and Recording of Final Plat 170.22 Additional Duties Of Owner170.10 Composition and Minimum Widths of Right-of-Way 170.23 Owner to Guarantee Completion of Improvements170.11 Roadway Widths 170.24 Owners to Grant Easements to City170.12 Relation To Existing Street 170.25 Owner to Grade Streets170.13 Cul-De-Sacs 170.26 Monuments; Specifications

170.01 PLATTING REQUIRED. Every original proprietor of any tract or parcel of land within the City who has subdivided or intends to subdivide the same into three or more parts shall cause a registered land surveyor’s plat of the subdivision or area to be made by a registered land surveyor holding a certificate issued under the laws of the State in the form and containing the information set forth in this chapter. The owner shall comply with all reasonable requirements in regard to installation of public utilities or other requirements in this chapter, as the Council may deem requisite for the protection of the public interest.

170.02 PRELIMINARY PLAT REQUIRED; CONTENTS. The owner of any land proposed to be platted within the City or, pursuant to Section 354.9, Code of Iowa, within two miles of the City shall prepare seven copies of a preliminary plat and present them to the Planning and Zoning Commission. The plat shall comply with all requirements of Chapter 354, Code of Iowa.

170.03 ACTION ON PRELIMINARY PLAT; MODIFICATIONS. The Commission shall, within 30 days, approve or disapprove the plat. In the event that changes or modifications are required by the Commission before making tentative approval, the Commission may cause the revised preliminary plat to be returned to the owner and resubmitted at a later date in the same manner as provided for the preliminary plat. After tentatively approving the plat, the Commission shall present it to the Council for its approval. The Council shall, within 30 days, approve or disapprove the plat. In the event that changes or modifications are required by the Planning and Zoning Commission before making tentative approval, the Commission may cause the revised preliminary plat to be returned to the owner and resubmitted at a later date in the same manner as provided for the preliminary plat.

170.04 TENTATIVE APPROVAL NOT FINAL. The tentative approval of the preliminary plat by the Council does not constitute final approval or acceptance of the addition or subdivision by the City.

170.05 SUBMISSION OF FINAL PLAT; FAILURE TO SUBMIT. The owner shall, within one year following the tentative approval of the preliminary plat by the Council, prepare and file the plat and other required documents as herein set forth, and upon failure to do so within the time specified, the tentative approval shall become null and void.

CHAPTER 170 SUBDIVISION REGULATIONS


170.06 FINAL PLAT CONTENTS. The final plat shall be prepared by the owner and shall contain all the information required to be shown on the preliminary plat and in addition the following:

1. The proposed name of all streets, public ways and places dedicated for public use within the platted area;

2. The location of easements to be conveyed to the City.

170.07 OWNER TO FILE DOCUMENTS PRIOR TO APPROVAL. The owner of the land being platted shall file with the City Clerk not less than seven (7) days prior to consideration by the Commission, the following documents, all of which shall be prepared in accordance with Chapter 354 of the Code or Iowa:

1. Seven copies of the final plat;

2. Three copies of all easements for utility or other purposes;

3. Three copies of a proposed resolution to be adopted by the Commission approving the final plat and accepting lands to be dedicated for public use;

4. Three copies of a proposed resolution to be adopted by the Council approving the final plat and accepting land to be dedicated for public use;

5. Three copies of a proposed form of agreement to be entered into between theowner-developer and the City providing for the grading of streets and the installation of a sanitary and storm sewer system and other required utility improvements† within the platted area and a time limit for completing the work. The agreement shall provide that if the sanitary sewer or any other improvement required in this chapter has not been installed and accepted by the City prior to the approval of the final plat by the Council, the owner shall, before the final approval of the plat, file a corporate surety bond, certified check, or bank letter of credit with the City Clerk in an amount not less than the City’s reasonable estimate of cost of construction of completing of the improvements, including an estimated inspection charge. The agreement will further provide that the bond, certified check, or bank letter of credit shall be retained by the City until the work is completed, as a guarantee that the work will be completed in an acceptable manner within the time specified in the agreement between the owner-developer and the City. The agreement will further provide that the grading of streets and installation of the required utility improvements within the platted area will be completed within 24 months after the City’s final approval of the subdivision plat and prior to the initiation of construction of any other improvements, such as structures of any kind, within the platted area. The agreement will further provide that the owner-developer will initiate proceedings, at his or her own expense, to vacate the subdivision if the grading of streets and all of the required utility improvements are not completed within 24 months after the City’s final approval of the subdivision plat. The agreement will further provide that the owner-developer will make the City his or her attorney-in-fact or agent for the purpose of completing the vacation procedure in the event he or she is unable or refuses to do so. The agreement shall provide that the ownership of the improvements, when accepted by the City, shall be vested in the City. The agreement shall further provide that the owner-developer will file restrictive covenants as part of the subdivision procedure, which covenants contain such restrictions on the construction of such other improvements. The agreement shall be drafted at the owner-developer’s expense and must be approved and signed by the City. If the owner-

† See Sections 170.10 through 170.21 of this chapter.



developer is to receive financial assistance of any type from the City, then the agreement will provide that the City will not give the assistance until the grading of streets and installation of the required utility improvements within the platted area are completed. The agreement shall further provide that if the owner-developer has not pre-sold at least 25 percent of the subdivision’s lots or a minimum of four lots, whichever is greater, within three years after the City has extended the utilities to the site then the City shall not install a hard surface street at City expense, and in that event the City may require the owner-developer to construct a hard surface street at the owner-developer’s expense.

6. Deed of Restrictions applicable to the platted property.

7. The documents listed in Section 354.11 of the Code of Iowa shall also be attached, and that section is adopted by reference.

170.08 ASSISTANCE FROM THE CITY. The City may, if the financial conditions of the City permit, agree to assist owners of subdivisions in limited respects as detailed below. Assistance may be given for the purpose of increasing Eagle Grove’s tax base and to encourage the development of additional living quarters for the City’s present and future residents.

1. Subdivisions having small lots may receive the following assistance from the City, provided the required conditions are met.

A. Assistance.

(1) Each lot shall receive an abatement of 100 percent for a period of three years beginning with the date that the County Assessor begins taxing a new residence. (See Chapter 10 of this Code of Ordinances.)

(2) The City may, if financial conditions of the City permit, agree to extend utilities (sanitary sewers, storm sewers, water mains, and a hard surfaced street) to the new subdivision.

B. Conditions.

(1) The subdivision shall contain a minimum of 15 lots, each of which shall have a minimum square footage of 7,050 feet.

(2) Each lot shall contain only one residence having a minimum living space area of 1,000 square feet.

(3) Extensions of the utilities shall not exceed 1,000 linear feet from existing utilities.

(4) Actual construction on extension of the utilities shall not begin until the grading of streets and installation of the required utility improvements within the new subdivision are completed by the owner.

(5) The owner shall not restrict the purchasers of lots from using acontractor of their choice to construct their residence and other improvements.

(6) It shall be within the City Council’s sole discretion whether the City’s financial conditions permit an expenditure for any such extension of utilities.

2. Subdivisions having large lots which will have residences that will add moresignificantly to the City’s tax base may receive the following assistance from the City.

A. Assistance.



(1) The City may, if financial conditions of the City permit, extendutilities (sanitary sewers, storm sewers, water mains, and a hard surfaced street) to the new subdivision.

(2) The City may install a hard surface street not to exceed 1,500 linear feet within the subdivision.

B. Conditions.

(1) Tax abatement will not be available.

(2) The subdivision shall have a minimum of 15 lots, each of which shall have a minimum square footage of 15,000 feet.

(3) Each lot shall contain only one residence having a minimum living space area of 1,500 square feet.

(4) Twenty-five percent of all lots or a minimum of four lots,whichever is greater, shall be pre-sold. “Pre-sold” means that a buyer has signed a written contract, prior to the above-referenced agreement between the City and the owner, to purchase a lot and construct a residence containing 1,500 square feet of living area within 36 months after the installation of all subdivision utilities. The City must approve the form and content of such contracts.

(5) Extensions of the utilities shall not exceed 1,000 linear feet from existing utilities.

(6) Actual construction on the street arid the extension of the utilities shall not begin until the grading of streets and installation of the required utility improvements within the new subdivision are completed by the owner.

(7) The owner shall not restrict the purchasers of lots from using acontractor of their choice to construct their residence and other improvements.

(8) It shall be within the City council’s sole discretion whether the City’s financial conditions permit an expenditure for a street or the extension of utilities.

170.09 FINAL APPROVAL AND RECORDING OF FINAL PLAT. The Commission shall, within 30 days, approve or disapprove the plat. In the event that changes or modifications are required by the Planning and Zoning Commission before making final approval, the Commission may cause the revised final plat to be returned to the owner and resubmitted at a later date in the same manner as provided for the preliminary plat. The Council shall, within 30 days, approve or disapprove the plat. In the event that changes or modifications are required by the Planning and Zoning Commission before making final approval, the Council may cause the revised final plat to be returned to the owner and resubmitted at a later date in the same manner as provided for the final plat. The passage of the resolution approving the plat shall constitute final approval of the platting of the area shown on the final plat. The Mayor and Clark shall be directed to certify the resolution affixed to the plat. The owner shall cause the plat to be recorded as provided in Chapter 354 of the Code of Iowa and shall file satisfactory evidence of the recording in the office of the Clerk before the City shall recognize the plat being in full force and effect.



170.10 COMPOSITION AND MINIMUM WIDTHS OF RIGHT-OF-WAY. All streets shall be hard surface and shall be constructed according to contemporary engineering standards. The recommended minimum widths of right-of-way for streets and alleys on plats as submitted for approval are as follows:

1. Major streets in residential area – 80 feet;

2. Minor streets in residential area – 66 feet;

3. The end of the cul-de-sac – a radius of 55 feet;

4. All alleys – 20 feet.

170.11 ROADWAY WIDTHS.

1. Back to back curb width of roadway, major streets – 31 feet;

2. Back to back curb width of roadway, minor streets – 27 feet.

170.12 RELATION TO EXISTING STREET. The streets and alleys within the area being placed shall conform as nearly as practicable to the alignment and width of existing streets and alleys in adjacent platted areas and shall be in conformance with the official City plan.

170.13 CUL-DE-SACS. Cul-de-sacs in general are permitted when through streets or extensions of existing streets are not practical.

170.14 BUILDING LINES. The established building lines and area requirements may be shown on the plat for all lots intended for residential use, but in no case shall they be less than the minimum requirements in effect at the time the final plat is approved by the Council.

170.15 ACREAGE TRACTS. When land is subdivided into acreage tracts, it shall be so subdivided as to allow for the future streets and the extension of the existing street system through the area.

170.16 SANITARY SEWER. Prior to the acceptance of the final plat, the City shall require the owner of land being platted to make adequate provisions for the disposal of sanitary sewage from the platted area. Said owner shall, at his or her expense, construct a sanitary sewer system including all necessary pumping stations, pumping equipment, manholes, and other necessary appurtenances to provide for the discharge of sanitary sewage from all lots or parcels of land within the platted area to a connection with the City’s sanitary sewers. The sewage system shall be constructed in accordance with the plans and specifications of the City and at the sewer grades as established by the City. The installation of the sewers shall be under the supervision and inspection of the City and the owner may be required to pay a reasonable charge for the engineering and inspection service. The above-mentioned facilities for the collection and disposal of sanitary sewage from the platted area shall, upon final approval and acceptance by the City, become the property of the City.

170.17 STORM SEWERS. The owner of the land being platted shall at said owner’s expense construct a storm sewer system adequate to serve the area, including anticipated extension of use to serve additional areas. The storm sewer system shall be constructed in accordance with the plans and specifications of the City and at sewer grades established by the City. The installation of the sewers shall be under the supervision and inspection of the City, arid the owner may be required to pay a reasonable charge for the engineering and inspection service.



The sewers shall, upon inspection, approval, and acceptance by the City, become the property of the City.

170.18 STORMWATER DETENTION. For all new subdvisions, the runoff from the post-development 100-year storm shall be temporarily retained on-site while outletting at a rate of runoff that does not exceed the pre-development 5-year storm. Detention/retention facilities shall be designed to meet the requirements of the current edition of the Iowa Stormwater Management Manual.

170.19 WATER MAIN SYSTEM. The owner of the land being platted shall enter into a written agreement with the City Water Board as to expenses to be paid by the owner for the water main system throughout the platted area. The City Water Department shall install, construct, and sterilize the water main system, and upon completion and approval by the City shall become the property of the City.

170.20 OWNER TO PROVIDE STREET GRADING. The owner of land being platted shall, at said owner’s expense, provide the grading of the entire street area and provide the curbs and gutters. The street improvement shall be constructed in accordance with the plans and specifications of the City, and shall adequately reflect the classification of the street, its location and anticipated volume of traffic. The installation of the streets is under the supervision of the City and the owner may be required to pay a reasonable charge for the engineering and inspection service.

170.21 UNDERGROUND UTILITIES. The owner of the land being platted shall, at the owner’s expense, install all utilities (such as electrical, both primary and secondary; telephone; cable; etc.) underground.

170.22 ADDITIONAL DUTIES OF OWNER. The owner of the land being platted is responsible for the grading and seeding of the parking areas and, if required by the City, the construction of sidewalks within the street areas. All such installations shall be constructed under the direction and supervision of the City.

170.23 OWNER TO GUARANTEE COMPLETION OF IMPROVEMENTS. If the sanitary sewer or any other improvement required in this chapter has not been installed and accepted by the City prior to the approval of the final plat by the Council, the owner shall before the final approval of the plat file a corporate surety bond or certified check with the City Clerk in an amount not less than the City’s certified estimate of cost of construction or completing of the improvements, including an estimated inspection charge. The bond or certified check shall be retained by the City until the work is completed, as a guarantee that the work will be completed in an acceptable manner within the time specified in the agreement between the owner and the City. However, if the owner is to receive assistance of any type from the City then the City will not give the assistance until the grading of streets and installation of the required utility improvements within the platted area are completed. The grading of streets and the required utility improvements† within the platted area will be completed by the owner prior to the initiation of construction of any other improvements, such as structures of any type, within the platted area. The owner shall present reasonably acceptable evidence to the City that the owner is financially capable of completing the grading of streets and the required utility improvements. The owner will file restrictive covenants as part of the subdivision procedure, which covenants contain such restrictions on the construction of such other improvements. If

† See Sections 170.16 through 170.21 of this chapter.



the grading of streets and the required utility improvements are not completed within 24 months after the City’s final approval of the subdivision plat, the owner will initiate proceedings, at his or her own expense, to vacate the subdivision. The owner will make the City his or her attorney-in-fact or agent for the purpose of completing the vacation procedure in the event he or she is unable or refuses to do so.

170.24 OWNERS TO GRANT EASEMENTS TO CITY. Where alleys are not available, the owner shall before the plat is accepted, grant an easement of not less than five feet to the City on each side of all rear and side lot lines where necessary for public utility requirements. Easements of greater width may be required along lot lines or across lots when necessary for the extension of main sewers or other utilities. Subdividers shall secure the required information regarding utility easements from the office of the Clerk before filing the final plat. Utility easements shall convey to the City and to its successors and assigns the perpetual right within the areas shown on the plat and described in the easement to construct, reconstruct, operate and maintain electric lines consisting of poles, wires, cables, conduits, fixtures, anchors and other similar equipment, including the right to trim or remove trees within the areas where necessary to secure a clearance of four feet from the wires or poles, together with the right to extend to any telephone, telegraph, electric or power company the right to use separately or jointly with the City the areas included in the easement for the purposes above enumerated.

170.25 OWNER TO GRADE STREETS. All streets and alleys within the platted area,which are dedicated for public use, shall be brought to grades as established by the City at the expense of the owner of the land being platted. The owner may do the work prior to the final acceptance of the plat by the City, or the owner may enter into an agreement with the City regarding the work, as provided by Section 170.08 of this chapter.

170.26 MONUMENTS; SPECIFICATIONS. The owner of the land being platted shall, before submitting the final plat for approval, cause minimum-size monuments to be placed within the platted area as follows: Three-quarter-inch galvanized iron pipe monuments not less than 30 inches in length and driven six inches below the ground surface shall be placed at eachblock corner, each end of curves and each angle or change in direction along lot lines. One-half inch iron rods not less than 24 inches in length shall be placed at each lot corner. Lot corners,when in place, shall be left flush with the finished ground surface.