Sioux City Zoning and Sign Code

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SUNDAY, FEBRUARY 1, 2015

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ORDINANCE NO. 2015 - 0215 with attachments ORDINANCE REPEALING TITLE 25 ENTITLED “ZONINGâ€? AND CHAPTER 4.36 ENTITLED “SIGN REGULATIONSâ€? OF THE SIOUX CITY MUNICIPAL CODE AND ENACTING IN LIEU THEREOF A NEW ORDINANCE TO BE CODIFIED AS TITLE 25 ENTITLED “ZONING AND SIGN CODEâ€? OF THE SIOUX CITY MUNICIPAL CODE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS AND THE USE OF LAND IN THE CITY OF SIOUX CITY, IOWA; REGULATING THE DENSITY OF DEVELOPMENT; THE HEIGHT OF BUILDINGS; PROVIDING FOR YARD SPACES AND FOR OFF-STREET PARKING AND LOADING; ESTABLISHING PROCEDURES TO PROCESS PETITIONS FOR CHANGES TO ACCOMMODATE DEVELOPMENTS FOR THESE AND RELATED PURPOSES CONTAINED HEREIN; REGULATING SIGNS, AND DIVIDING THE CITY OF SIOUX CITY, IOWA INTO ZONES. WHEREAS, the provisions of the Code of Iowa empower the City of Sioux City, Iowa to enact a Zoning and Sign Code and to provide for its administration, enforcement and amendment; and WHEREAS, the City Council deems it necessary for the purpose of promoting the health, safety, morals and general welfare of the City to enact such an ordinance; and WHEREAS, the City Council pursuant to the provisions of the Code of Iowa has appointed the Planning and Zoning Commission to recommend the boundaries of the original districts and appropriate regulations to be enforced therein; and WHEREAS, the Planning and Zoning Commission has divided the City into districts of such number, shape and area as are deemed best suited to carry out the purpose of this ordinance and has prepared regulations pertaining to such districts in accorGDQFH ZLWK D FRPSUHKHQVLYH SODQ DQG GHVLJQ WR OHVVHQ FRQJHVWLRQV LQ WKH VWUHHWV WR VHFXUH VDIHW\ IURP ÂżUH Ă€RRG SDQLF DQG RWKHU GDQJHUV WR SURPRWH KHDOWK DQG WKH JHQHUDO ZHOIDUH WR SURYLGH DGHTXDWH OLJKW DQG DLU WR SUHYHQW WKH RYHUFURZGLQJ RI ODQG WR DYRLG XQGXH FRQFHQWUDWLRQ RI SRSXODWLRQ WR IDFLOLWDWH WKH DGHTXDWH SURYLVLRQ RI WUDQVSRUWDWLRQ ZDWHU VHZDJH VFKRROV DQG SDUNV DQG RWKHU UHTXLUHPHQWV DQG WHEREAS, the Planning and Zoning Commission has given reasonable consideration, among other things, to the character of the area of the district and the peculiar suitability of such area for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of lands throughout the City; and :+(5($6 WKH 3ODQQLQJ DQG =RQLQJ &RPPLVVLRQ KDV PDGH D SUHOLPLQDU\ UHSRUW DQG KHOG SXEOLF KHDULQJV WKHUHRQ DQG KDV WKHUHDIWHU VXEPLWWHG LWV ÂżQDO UHSRUW WR WKH &LW\ &RXQFLO DQG WHEREAS, the City Council has given due public notice of hearings relating to the Zoning and Sign Code, zoning districts, regulations, and restrictions, and has held such public hearings; and :+(5($6 DOO UHTXLUHPHQWV RI WKH &RGH RI ,RZD ZLWK UHJDUG WR WKH SUHSDUDWLRQ RI WKH UHSRUW RI WKH 3ODQQLQJ DQG =RQLQJ &RPPLVVLRQ DQG VXEVHTXHQW DFWLRQ RI WKH &LW\ &RXQFLO KDYH EHHQ PHW NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA: Section 1. That Chapter 4.36 entitled “Sign Regulationsâ€? and Title 25 entitled “Zoningâ€? of the Sioux City Municipal Code are hereby repealed in accordance with the provisions of the Code of Iowa.

Section 2. That the Sioux City Municipal Code is hereby amended by adopting Title 25 entitled “Zoning and Sign Code�, attached hereto and incorporated herein, in accordance with the provisions of the Code of Iowa.

6HFWLRQ (IIHFWLYH 'DWH 7KLV RUGLQDQFH VKDOO EH LQ IXOO IRUFH DQG HIIHFW IURP DQG DIWHU LWV ÂżQDO SDVVDJH DQG SXEOLFDWLRQ DV E\ ODZ SURYLGHG PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: March 23, 2015 /s/ Robert E. Scott, Mayor $77(67 V /LVD / 0F&DUGOH &LW\ &OHUN I hereby certify that the foregoing was published in the Sioux City Journal on March 28, 2015 V /LVD / 0F&DUGOH &LW\ &OHUN CHAPTER 25.01 AUTHORITY, JURISDICTION, APPLICATION, AND PURPOSES SUBCHAPTER 25.01-A AUTHORITY, JURISDICTION, APPLICATION, AND PURPOSES Sec. 25.01.010 Title The Sioux City Zoning and Sign Code shall be known as, and may be referred to as, “the Sioux City Zoning and Sign Code,â€? “the ZSC,â€? or “this Code.â€?

Sec. 25.01.020 Authority 1. Generally. The provisions of this Code are authorized as provided in this Section.

2. City Charter. In general, this Code is authorized by Section 1.10.040, Powers and Duties, of the Charter of the City of Sioux City, Iowa (Chapter 1.10, City Charter, of the City of Sioux City). All provisions in this Code that affect the area within the corporate boundaries of the City and are not preempted by state or federal law are authorized by the City Charter.

3. Authority. This Code is adopted pursuant to the authority granted by the Iowa Code including, but not limited to: a. Chapter 372, Organization of City Government, Section 372.9, Home Rule Charter Procedure; and b. Chapter 414, City Zoning.

4. Iowa Code. Supplemental authority for the provisions of this Code is provided by the Iowa Code provided that they are either preemptive or not inconsistent with the provisions of this Code. The following provisions of the Iowa Code may be relied upon as authority for certain provisions of this Code: a. Chapter 18B, Land Use - Smart Planning; b. Chapter 101A, Explosive Materials; c. Chapter 113, Licensing and Regulation of Foster Family Homes; d. Chapter 135O, Boarding Homes; e. Chapter 162, Care of Animals in Commercial Establishments; f. Chapter 172D, Livestock Feedlots; g. Chapter 231B, Elder Group Homes; h. Chapter 237A, Child Care Facilities; i. Chapter 237B, Children’s Centers - Facility Standards; j. Chapter 306B, Outdoor Advertising Along Interstate Highways; k. Chapter 306CÇĄ —Â?Â?›ƒ”† ‡ƒ—–‹Ď?‹…ƒ–‹‘Â? ƒÂ?† ‹ŽŽ„‘ƒ”† ‘Â?–”‘ŽǢ l. Chapter 306D, Scenic Routes; m. Chapter 329, Airport Zoning; n. Chapter 368, City Development; o. Chapter 404, Urban Revitalization Tax Exemptions; p. Chapter 458A, Oil, Gas, and Other Minerals; q. Chapter 459, Animal Agriculture Compliance Act; and r. Chapter 459A, Animal Agriculture Compliance Act for Open Feedlot Operations.

5. Federal Law. The provisions of this Code are subject to all applicable federal regulations including, but not limited to: a. Interstate Commerce Commission Termination Act of 1995; b. Federal Fair Housing Act; and c. Religious Land Use and Institutionalized Persons Act (RLUIPA).

6. Additional Authority; Limitations. Should further authorizing legislation exist or be enacted, this Code is additionally deemed to be enacted or effective pursuant thereto, except: a. This Code shall be superseded by such legislation only to the extent of any irreconcilable …‘Â?Ď?Ž‹…– ‹ˆ –Š‡ ‹–›ǯ• Š‘Â?‡ ”—Ž‡ ƒ—–Š‘”‹–› †‘‡• Â?‘– •—„‘”†‹Â?ƒ–‡ •—…Š Ž‡‰‹•Žƒ–‹‘Â?Ǣ ƒÂ?† b. This Code shall supersede inconsistent legislation if the City’s home rule authority so provides. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ­Í˜ĎŹĎŻĎŹ :ĆľĆŒĹ?Ć?ÄšĹ?Ä?Ć&#x;ŽŜ All provisions of this Code apply within the corporate limits of the City of Sioux City, Iowa, as may be ‡š’ƒÂ?†‡†ǥ …‘Â?Â–Â”ÂƒÂ…Â–Â‡Â†ÇĄ ‘” Â?‘†‹Ď?‹‡† ˆ”‘Â? –‹Â?‡ –‘ –‹Â?‡Ǥ ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ­Í˜ĎŹĎ°ĎŹ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ 1. Generally. No land shall be used or developed except in accordance with this Code and the Sioux City Municipal Code, where applicable. All of the following are subject to the applicable requirements of this Code, and may require one or more development permits: a. The use of any building, structure, land, or water, including: 1.

New uses; and 2.

Structural alterations or enlargements of, additions to, changes in, and relocation of existing uses (which may be subject to Subchapter 25.06-C, Nonconformities). b. The construction, material alteration, repair, relocation, or demolition of buildings or structures (including, but not limited to, fences, retaining walls, and signs). c. Alterations of historic sites and buildings. d. Landscaping and buffering, but not including: 1.

Routine landscaping or bufferyard maintenance; 2.

Landscaping of individually-owned residential lots; and 3.

Agricultural operations. ‡Ǥ ”‡…–‹‘Â?ÇĄ …‘Â?•–”—…–‹‘Â?ÇĄ ‡Â?Žƒ”‰‡Â?‡Â?–ǥ Â?‘†‹Ď?‹…ƒ–‹‘Â?ÇĄ ƒŽ–‡”ƒ–‹‘Â?ÇĄ ”‡Ž‘…ƒ–‹‘Â?ÇĄ Â”Â‡Â’ÂƒÂ‹Â”ÇĄ ‹Â?provements, demolition, maintenance, or conversion of signs, as set out in Subchapter 25.05-C, Signs.

2. Publicly-Owned Property. a. General Exemptions. Those portions of this Code that govern the location of allowed, limited, and conditional uses shall not apply to the governments of the United States of America or the State of Iowa and their agencies and political subdivisions, and the City in the performance of their governmental functions. All other provisions of this Code apply, (e.g. Chapter 25.03, Development Standards; Chapter 25.05, Site Development; and, as applicable, Chapter 25.06, Administration). b. Exemptions for Public Safety. Following a public hearing with notice provided as set out in Subsection 25.06.070.9, Public Notice, it may be determined that facilities and services essential for public safety may be exempt from the standards of this Code, ‡š…‡’– Ď?Ž‘‘†’Žƒ‹Â? ”‡‰—Žƒ–‹‘Â?•ǥ ‹ˆ –Š‡ ˆ‘ŽŽ‘™‹Â?‰ Ď?‹Â?†‹Â?‰• ƒ”‡ Â?ÂƒÂ†Â‡ÇŁ 1.

Application of normal development standards will not allow the establishment of the subject public safety facility or service; 2.

All reasonable alternatives have been reviewed to assure that the public safety facility or service is optimally located and developed; ;Ǥ Â?Ž› –Š‡ •’‡…‹Ď?‹… •–ƒÂ?†ƒ”†• –Šƒ– …ƒÂ?Â?‘– „‡ Â?‡– ™‹–Š‘—– …‘Â?’”‘Â?‹•‹Â?‰ –Š‡ integrity of public safety will be relaxed; and 4.

Only the smallest increment of relief from development standards that will result in effective provision of essential public safety facilities or services will be allowed. c. Otherwise Applicable. All other provisions of this Code, including those that govern temporary, accessory, and supplemental uses, are applicable not only to private persons, agencies, corporations, and organizations, but also to all public agencies and organizations to the full extent that they may be enforceable under the United States Constitution and the Constitution and Statutes of the State of Iowa.

3. Relationship to Covenants, Conditions, and Restrictions; Private Agreements. a. This Code is not intended to abrogate, annul, or otherwise interfere with any easement, covenant, condition, restriction, or other private agreement or legal relationship; provided, however, that where the regulations of this Code are more restrictive or impose higher standards or requirements, then the regulations of this Code shall govern. b. The City has no duty to search for the existence of private restrictions on property. c. The City will not interpret, apply, or enforce private restrictions unless it is a party to them.

4. Urban Renewal Plans. Requirements of any urban renewal plan –Šƒ– ƒ”‡ ‘ˆĎ?‹…‹ƒŽŽ› ƒ†‘’–‡† „› the City Council shall abide by the provisions of this Code. Additionally, the nonconforming use provisions of Subchapter 25.06-C, Nonconformities, shall be applied and enforced within each urban renewal area to regulate and limit the continued existence of uses, structures, and lots that do not conform with the use, space limitations, or off-street parking requirements contained in this Code.

5. ’‡…‹Ď?‹… š…‡’–‹‘Â?•Ǥ ’‡…‹Ď?‹… ‡š…‡’–‹‘Â?• –‘ –Š‡ ”‡“—‹”‡Â?‡Â?–• ‘ˆ –Š‹• ‘†‡ Â?ƒ› „‡ •‡– ‘—– ‹Â? individual Chapters, Divisions, or Sections.

6. Prohibited Uses. No use of any building, structure or land; no building or structure; and no lot of record, now or hereafter existing, shall be established, altered, moved, divided, or maintained after the effective date of this Code, under any circumstances, except as authorized by the provisions of this Code. Existing uses that are prohibited after the effective date are subject to Subchapter 25.06-C, Nonconformities. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ­Í˜ĎŹĎąĎŹ WĆľĆŒĆ‰Ĺ˝Ć?ÄžĆ? ĂŜĚ &Ĺ?ŜĚĹ?ĹśĹ?Ć?

1. Generally. In accordance with Section 414.3, Basis of Regulations, of the Iowa Code, these regulations are established in accordance with a comprehensive plan and are designed to: a. Preserve the availability of agricultural land; b. Consider the protection of soil from wind and water erosion; …Ǥ Â?…‘—”ƒ‰‡ ‡ˆĎ?‹…‹‡Â?– —”„ƒÂ? †‡˜‡Ž‘’Â?‡Â?– ’ƒ––‡”Â?•Ǣ d. Lessen congestion in the streets; ‡Ǥ ‡…—”‡ •ƒˆ‡–› ˆ”‘Â? Ď?‹”‡ǥ Ď?Ž‘‘†ǥ ’ƒÂ?‹…ǥ ƒÂ?† ‘–Š‡” †ƒÂ?‰‡”•Ǣ f. Promote health and the general welfare; g. Provide adequate light and air; h. Prevent the overcrowding of land; i. Avoid undue concentration of population; j. Promote the conservation of energy resources; k. Promote reasonable access to renewable energy; and l. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

2. ’‡…‹Ď?‹…ƒŽŽ›. The regulations of this Code shall be implemented for the general purposes set out above and by using the City’s home rule, constitutional, and statutory powers to: a. Implement the City’s Comprehensive Plan and other adopted plans, which: ͳǤ ‡Ď?Ž‡…– –Š‡ •Šƒ”‡† ˜ƒŽ—‡• ƒÂ?† Ž‘Â?‰nj–‡”Â? ‘„Œ‡…–‹˜‡• ‘ˆ –Š‡ ‹–› ™‹–Š ”‡•’‡…– to the character, form, and function of its future development; and ʹǤ ”‘Â?‘–‡ ’ŽƒÂ?Â?‡†ǥ ÂŽÂ‘Â‰Â‹Â…ÂƒÂŽÇĄ ƒÂ?† Ď?‹•…ƒŽŽ› ƒÂ?† ‡Â?˜‹”‘Â?Â?‡Â?–ƒŽŽ› ”‡•’‘Â?•‹„Ž‡ǥ and orderly development and redevelopment within the City and other areas that may be subject to the City’s regulatory authority; b. Protect the social, economic, cultural, recreational, and aesthetic well-being of both private and public property; c. Promote, in the public interest, the utilization of land for the purposes for which it is most desirable and best adapted; d. Regulate the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes, in accordance with Section 414.1, Building Restrictions - Powers Granted, of the Iowa Code; e. Preserve and enhance the character, quality, and integrity of established neighborhoods; f. Enhance the visual character and attractiveness of the City through regulation of site and building design; g. Promote a balanced, diverse supply of quality, affordable housing located in safe and

Sioux City Zoning and Sign Code – Final Draft 03.23.15

livable neighborhoods; h. Protect and conserve natural resources and promote responsible development patterns; i. Preserve, enhance, and protect the unique and special character of the City’s historic districts and properties and other areas of cultural, scenic, or architectural importance ‘” •‹‰Â?‹Ď?‹…ƒÂ?…‡Ǣ ŒǤ ‹Â?‹Â?‹œ‡ …‘Â?Ď?Ž‹…–• ƒÂ?‘Â?‰ ƒ†Œƒ…‡Â?– ŽƒÂ?† —•‡•Ǣ Â?Ǥ ”‘˜‹†‡ ˆ‘” ‡ˆĎ?‹…‹‡Â?– ƒÂ?† ˆƒ‹” †‡˜‡Ž‘’Â?‡Â?– ƒ’’”‘˜ƒŽ ’”‘…‡†—”‡• –Šƒ– ”‡•’‡…– ’”‘’‡”–› rights and ensure quality development; l. Provide regulations pertaining to pre-existing lots, structures, and uses which do not conform to the regulations, standards, restrictions, and limitation established by this Code; and m. Protect the City’s tax base by enhancing business opportunities and increasing property ˜ƒŽ—‡• –Š”‘—‰Š ’”‘Â?‘–‹Â?‰ Â“Â—ÂƒÂŽÂ‹Â–Â›ÇĄ •—•–ƒ‹Â?ƒ„Ž‡ „—‹Ž†‹Â?‰ ‹Â?’”‘˜‡Â?‡Â?–•ǥ ‹Â?Ď?‹ŽŽ †‡˜‡Žopment, and redevelopment.

3. Other Purposes. Other purposes of the various Chapters, Divisions, and Sections may be expressed therein.

4. †—Ž– Â?–‡”–ƒ‹Â?Â?‡Â?– —•‹Â?‡••‡•. a. Purpose. It is the purpose of this Code to regulate certain adult entertainment businesses in order to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of adult uses within the City. b. Intent and Effect. The provisions of this Code have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor the effect of this Code to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Code to condone or legitimize the distribution of obscene material. c. Findings. This Code is based on the City’s general police power, as well as on the evidence of the adverse secondary effects of adult entertainment businesses, which is within the common knowledge of municipalities and is widely reported in judicial opinions, media reports, land use studies, and crime impact reports made available to the City Council, several of which are set forth herein. Additionally, the City Council ”‡Ž‹‡• —’‘Â? ”‡’‡ƒ–‡† Œ—†‹…‹ƒŽ Ď?‹Â?†‹Â?‰• ‘ˆ Â?—Â?Â‹Â…Â‹Â’ÂƒÂŽÂ‹Â–Â‹Â‡Â•ÇŻ ”‡ƒ•‘Â?ƒ„Ž‡ ”‡Ž‹ƒÂ?…‡ ‘Â? –Š‹• body of secondary effects evidence to support time, place, and manner regulations of adult entertainment businesses. The City Council relies upon and incorporates –Š‡ Ď?‹Â?†‹Â?‰• …‘Â?…‡”Â?‹Â?‰ •‡…‘Â?†ƒ”› ‡ˆˆ‡…–• †‹•…—••‡† ‹Â? –Š‡ ˆ‘ŽŽ‘™‹Â?‰ Â?‘Â?ÇŚÂ‡ÂšÂŠÂƒÂ—Â•tive list of cases: City of Littleton v. Z.J. Gifts D-4, L.L.C., 2004 U.S. LEXIS 4026 (June 7, 2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); Pap’ s A.M. v. City of Erie, 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); Sewell v. Georgia, 233 S.E.2d 187 (Ga. 1977), dismissed for want of a substantial federal question, 435 U.S. 982 (1978); Farkas v. Miller, 151 F.3d 900 8th Cir. 1998); Jakes Ltd. v. City of Coates, 284 F.3d 884 (2002); BZAPS, Inc. v. City of Mankato, 268 F.3d 603 8th Cir. 2001); SOB, Inc. v. County of Benton, 317 F.3d 856 (8th Cir. 2003); Green v. City of St. Paul, 1999 U.S. App. LEXIS 12057 (8th Cir. 1999) (unreported); Scope Pictures v. City of Kansas City, 140 F.3d 1201 (8th Cir. 1998); Excalibur Group v. City of Minneapolis, 116 F.3d 1216 (8th Cir. 1997); ILQ Invs. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); Ambassador Books & Video v. City of Little Rock, 20 F.3d 858 (8th Cir. 1994); Alexander v. Minneapolis, 928 F.2d 278 (8th Cir. 1991); John Doe v. Minneapolis, 898 F.2d 612 (8th Cir. 1990); Thames Enters. v. St. Louis, 851 F.2d 199 (8th Cir. 1988); MRM, Inc. v. City of Davenport, 290 N.W.2d 338 (Iowa 1980); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (1996); World Wide Video of Washington, Inc. v. City of Spokane, 2004 U.S. App. LEXIS 10443 (9th Cir., May 27, 2004) (including exhibits cited therein), aff g 227 F.Supp.2d 1143 (E.D. Wash. 2002); Bigg Wolf Discount Video v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998); Z.J. Gifts D-4 L.L.C. v. City of Littleton, 93 P.3d 633 (Colo.

App. 2004); County of Cook v. Renaissance Arcade and Bookstore, 122 Ill. 2d 123 (1988) (including cases cited therein); and other cases; and on reports concerning secondary effects in and around adult uses, including, but not limited to, Summaries of Key Reports Concerning the Negative Secondary Effects of Sexually Oriented Businesses; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Austin, Texas - 1986; Phoenix, Arizona -1979, 1995-1998; Minneapolis, Minnesota - 1980; Houston, Texas - 1997; Tucson, Arizona – 1990; Indianapolis, Indiana – 1984; St. Cloud, Minnesota - 1994; Amarillo, Texas; Centralia, Washington - 2003; Seattle, Washington - 1989; Oklahoma City, Oklahoma - 1986; ƒÂ?† ÂƒÂŽÂŽÂƒÂ•ÇĄ ‡šƒ• ÇŚ ͳ͚͝͝Ǣ ‡™ ‘”Â? ‹Â?‡• “—ƒ”‡ •–—†› ÇŚ ͳ͜͝͝Ǣ ƒÂ?† ƒŽ•‘ ‘Â? Ď?‹Â?†ings from the Report of the Attorney General’s Working Group on The Regulation of †—Ž– —•‡•ǥ Č‹ —Â?‡ ͸ǥ ͳ͝ͺ͝ǥ –ƒ–‡ ‘ˆ ‹Â?Â?Â‡Â•Â‘Â–ÂƒČŒÇĄ –Š‡ ‘—Â?…‹Ž Ď?‹Â?†•ǣ 1.

Adult entertainment businesses should be segregated from one another by a minimum distance and are further inappropriate for locations in close proximity to houses of worship, schools, day care centers, and residential neighborhoods because adult entertainment businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, illicit and unsanitary sexual activity, illicit drug use, decreased desirability of and negative impacts on the use of surrounding properties, urban blight, litter, and sexual assault and exploitation.

2.

The City has a substantial government interest in regulating the proper location of sexual enterprises and has a substantial government interest in preventing each of the aforementioned adverse effects.

3.

The American Center of Law and Justice also completed a study on the secondary effects of such uses, dated March 1996.

4.

Secondary effects of adult entertainment businesses may include any or all of the following, which have a material effect on the health, safety, and welfare of City residents: A. Particularly when they are located in close proximity to each other, adult entertainment businesses are indicias of urban blight, which downgrade the quality of life in the adjacent area; B. Adult entertainment businesses have a deleterious effect on both neighboring businesses and surrounding residential areas, as they are regularly related to an increase in crime and a decrease in property values; C. Adult entertainment businesses commonly require special supervision from public safety agencies in order to protect public health, safety and welfare, including that of the patrons of such businesses; D. Studies and experience show that in the absence of regulation ‘ˆ ƒ†—Ž– ‡Â?–‡”–ƒ‹Â?Â?‡Â?– „—•‹Â?‡••‡•ǥ •‹‰Â?‹Ď?‹…ƒÂ?– …”‹Â?‹Â?ƒŽ ÂƒÂ…Â–Â‹Â˜Â‹Â–Â›ÇĄ including prostitution, narcotics and liquor law violations, have historically and regularly occurred; E. Adult entertainment businesses are frequently used for unlawful and unhealthful sexual activities, including prostitution and sexual liaisons of a casual nature, and the concern over sexually transmitted diseases, including HIV, is a legitimate health concern of the City; F. Adult entertainment businesses lend themselves to ancillary unlawful and unhealthy activities that are often uncontrolled by the operators of the establishments; and G. Children and minors may be harmed by exposure to the secondary effects of adult entertainment businesses, including those encountered when children walk through or visit in the immediate neighborhood of such businesses.

5.

The City wishes to minimize and control adverse effects and thereby protect the health, safety and welfare of the citizens; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; deter the spread of urban blight and protect the citizens from increased crime.

5. ‡š—ƒŽŽ› ”‹‡Â?–‡† —•‹Â?‡••‡•. a. Purpose. It is the purpose of this Code to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City. b. Intent and Effect. The provisions of this Code have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Code to condone or legitimize the distribution of obscene material. c. Findings. This Code is based on the City’s general police power, as well as on the evidence of the adverse secondary effects of sexually oriented and adult entertainment businesses, which is within the common knowledge of municipalities and is widely reported in judicial opinions, media reports, land use studies, and crime impact reports made available to the City Council, several of which are set forth herein. ††‹–‹‘Â?ÂƒÂŽÂŽÂ›ÇĄ –Š‡ ‹–› ‘—Â?…‹Ž ”‡Ž‹‡• —’‘Â? ”‡’‡ƒ–‡† Œ—†‹…‹ƒŽ Ď?‹Â?†‹Â?‰• ‘ˆ Â?—Â?‹…‹’ƒŽ‹ties’ reasonable reliance on this body of secondary effects evidence to support time, place, and manner regulations of sex-related businesses. The City Council relies —’‘Â? ƒÂ?† ‹Â?…‘”’‘”ƒ–‡• –Š‡ Ď?‹Â?†‹Â?‰• …‘Â?…‡”Â?‹Â?‰ •‡…‘Â?†ƒ”› ‡ˆˆ‡…–• †‹•…—••‡† ‹Â? –Š‡ following non-exhaustive list of cases: City of Littleton v. Z.J. Gifts D-4, L.L.C., 2004 U.S. LEXIS 4026 (June 7, 2004); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); Sewell v. Georgia, 233 S.E.2d 187 (Ga. 1977), dismissed for want of a substantial federal question, 435 U.S. 982 (1978); Farkas v. Miller, 151 F.3d 900 (8th Cir. 1998); Recreational Developments of Phoenix, Inc. v. City of Phoenix, 83 F. Supp. 2d 1072 (D. Ariz. 1999); IDK, Inc. v. County of Clark, 836 F.2d 1185 (9th Cir. 1988); United States v. Evans, 272 F.3d 1069 (8th Cir. 2002); United States v. Mueller, 663 F.2d 811 (8th Cir. 1981); BZAPS, Inc. v. City of Mankato, 268 F.3d 603 (8th Cir. 2001); PHE, Inc. v. State, 2004 Miss. LEXIS 269 (2004); Yorko v. State, 690 S.W.2d 260 (Tex. 1985); SOB, Inc. v. County of Benton, 317 F.3d 856 (8th Cir. 2003); United States v. Frederickson, 846 F.2d 517 (1988); ILQ Invs. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); MRM, Inc. v. City of Davenport, 290 N.W.2d 338 (Iowa 1980); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (1996); World Wide Video of Washington, Inc. v. City of Spokane, 2004 U.S. App. LEXIS 10443 (9th Cir., May

27, 2004) (including exhibits cited therein), aff’ g 227 F.Supp.2d 1143 (E.D. Wash.

2002); Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998); Z.J. Gifts D-4 L.L.C. v. City of Littleton, 93 P.3d 633 (Colo. App. 2004); Bigg Wolf Discount Video v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); County of Cook v. Renaissance Arcade and Bookstore, 122 Ill. 2d 123 (1988) (including cases cited therein); and other cases; and on reports concerning secondary effects in and around adult uses, including, but not limited to, Summaries of Key Reports Concerning the Negative Secondary Effects of Sexually Oriented Businesses, Garden Grove, California - 1991; Los Angeles, California - 1977; Austin, Texas - 1986; Phoenix, Arizona – 1979, 1995-1998; Centralia, Washington - 2003; Minneapolis, Minnesota - 1980; St. Cloud, Minnesota - 1994; Houston, Texas - 1997; Indianapolis, Indiana – 1984; Tucson, Arizona – 1990; Oklahoma City, Oklahoma - 1986; and DalÂŽÂƒÂ•ÇĄ ‡šƒ• ÇŚ ͳ͚͝͝Ǣ –Ǥ Ž‘—†ǥ ‹Â?Â?‡•‘–ƒ Č‚ ͳ͜͝͝Ǣ ƒÂ?† ƒŽ•‘ ‘Â? Ď?‹Â?†‹Â?‰• ˆ”‘Â? –Š‡ ‡’‘”– of the Attorney General’s Working Group on The Regulation of Adult uses, (June 6, ͳ͝ͺ͝ǥ –ƒ–‡ ‘ˆ ‹Â?Â?Â‡Â•Â‘Â–ÂƒČŒÇĄ –Š‡ ‘—Â?…‹Ž Ď?‹Â?†•ǣ 1.

Sexually oriented businesses should be segregated from one another by a minimum distance and are further inappropriate for locations in close proximity to houses of worship, schools, day care centers, and residential neighborhoods because, inter alia, sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, illicit and unsanitary sexual activity, illicit drug use, decreased desirability of and negative impacts on the use of surrounding properties, urban blight, litter, and sexual assault and exploitation.

2.

The City has a substantial government interest in regulating the proper location of sexual businesses and has a substantial government interest in preventing each of the aforementioned adverse effects. (Ord. 2004-1059) 3.

The American Center of Law and Justice also completed a study on the secondary effects of such uses, dated March 1996.

4.

Secondary effects of sexually-oriented businesses may include any or all of the following, which have a material effect on the health, safety, and welfare of City residents: A. Particularly when they are located in close proximity to each other, sexually-oriented businesses are indicias of urban blight, which downgrade the quality of life in the adjacent area; B. Sexually-oriented businesses have a deleterious effect on both neighboring businesses and surrounding residential areas, as they are regularly related to an increase in crime and a decrease in property values; C. Sexually-oriented businesses commonly require special supervision from public safety agencies in order to protect public health, safety and welfare, including that of the patrons of such businesses; D. Studies and experience show that in the absence of regulation of Â•Â‡ÂšÂ—ÂƒÂŽÂŽÂ›ÇŚÂ‘Â”Â‹Â‡Â?–‡† „—•‹Â?‡••‡•ǥ •‹‰Â?‹Ď?‹…ƒÂ?– …”‹Â?‹Â?ƒŽ ÂƒÂ…Â–Â‹Â˜Â‹Â–Â›ÇĄ ‹Â?…Ž—†ing prostitution, narcotics and liquor law violations, have historically and regularly occurred; E. Sexually-oriented businesses are frequently used for unlawful and unhealthful sexual activities, including prostitution and sexual liaisons of a casual nature, and the concern over sexually transmitted diseases, including HIV, is a legitimate health concern of the City; F. Sexually-oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are often uncontrolled by the operators of the establishments; and G. Children and minors may be harmed by exposure to the secondary effects of sexually-oriented businesses, including those encountered when children walk through or visit in the immediate neighborhood of such businesses.

5.

The City wishes to minimize and control adverse effects and thereby protect the health, safety and welfare of the citizens; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; deter the spread of urban blight and protect the citizens from increased crime.

6. Â?ƒŽŽ ‹Â?† Â?‡”‰› ›•–‡Â?•Ǥ Š‡ ‹–› ‘ˆ ‹‘—š ‹–› Ď?‹Â?†• –Šƒ– ™‹Â?† ‡Â?‡”‰› ‹• ƒÂ? ƒ„—Â?†ƒÂ?–ǥ renewable, and nonpolluting energy resource and that its conversion to electricity will: 1) reduce dependence on nonrenewable energy resources; 2) decrease the air and water pollution that results from the use of nonrenewable energy sources; and 3) provide the potential for citizens to reduce the cost of electricity they use. Small wind energy systems also make the electricity supply market more competitive by promoting customer choice. The State of Iowa has enacted a number of laws and programs to encourage the use of small-scale renewable energy systems, including net metering, sales tax exemptions, property tax exemptions, production tax credits, and the Small Wind Innovation Zone program. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ­Í˜ĎŹĎ˛ĎŹ ÄŤÄžÄ?Ć&#x;ǀĞ ĂƚĞ The effective date is the adopted date or most recent amended date of this Code.

SUBCHAPTER 25.01-B TRANSITIONAL PROVISIONS ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ­Í˜ĎŹĎłĎŹ WĞŜĚĹ?ĹśĹ? ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜĆ?

1. Generally. Except as provided in Item 2, Applications, below, each application for development approval shall be evaluated by the regulations that were in effect at the time the application was submitted.

2. Applications. Applications pending on the effective date of this Code shall be decided in accor†ƒÂ?…‡ ™‹–Š –Š‡ Žƒ™ ‹Â? ‡ˆˆ‡…– ‘Â? –Š‡ †ƒ–‡ •—…Š ƒ’’Ž‹…ƒ–‹‘Â? ™ƒ• Ď?‹Ž‡†ǥ ‡š…‡’– ĥ •’‡…‹Ď?‹…ƒŽŽ› ’”‘˜‹†‡† in Section 25.01.120, Existing Planned Developments. Applications for development approval that were not pursued with due diligence may expire pursuant to Subsection 25.06.070.6, Termination of Inactive Applications.

3. —–› ‘ˆ ‹–› ˆĎ?‹…‹ƒŽ•Ǥ ‹–Š‹Â? ʹͲ †ƒ›• ˆ‘ŽŽ‘™‹Â?‰ –Š‡ ‡ˆˆ‡…–‹˜‡ †ƒ–‡ ‘ˆ –Š‹• ‘†‡ǥ ƒÂ?› ‹–› ‘ˆĎ?Â‹Â…Â‹ÂƒÂŽÇĄ department, agency, board, or commission then considering an application that is applicable to this Code, as set out in Item 2, Applications, above, shall transmit a copy of the application to the Administrator.

4. Duty of Administrator. Within 30 days of the effective date of this Code, the Administrator shall inform the applicant(s) in writing that the application is subject to and will be processed in accor†ƒÂ?…‡ ™‹–Š –Š‡ ’”‘˜‹•‹‘Â?• ‘ˆ –Š‹• ‘†‡Ǥ ‹–Š‹Â? ;Ͳ †ƒ›• ‘ˆ –Š‡ Â?ƒ‹Ž‡† Â?‘–‹…‡ǥ –Š‡ ƒ’’Ž‹…ƒÂ?– Â?ƒ› ”‡Ď?‹Ž‡ the application, without fee, on the basis of this Code. If the applicant †‘‡• Â?‘– ”‡Ď?‹Ž‡ –Š‡ ƒ’’Ž‹…ƒ–‹‘Â?ÇĄ the application may be denied for noncompliance with the provisions of this Code.

5. Duty of Applicant. Notwithstanding the provisions of this Section, it shall be the responsibility of each applicant having an application pending on the effective date of this Code, to modify the application in accordance with the standards, procedures, and regulatory provisions of this Code. Any Â?‘†‹Ď?‹…ƒ–‹‘Â? ‘” ”‡Ď?‹Ž‹Â?‰ ‘ˆ ƒÂ? ƒ’’Ž‹…ƒ–‹‘Â? •ŠƒŽŽ „‡ ’‡”Â?‹––‡† ƒ– ƒÂ?› –‹Â?‡ ’”‹‘” –‘ –Š‡ Ď?‹Â?ƒŽ †‹•’‘•‹–‹‘Â? of the application, and shall be permitted without payment of any additional application fees. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ­Í˜ĎŹĎ´ĎŹ ĞǀĞůŽƉžĞŜƚ Ć‰Ć‰ĆŒĹ˝Ç€Ä‚ĹŻĆ? ĂŜĚ ĆľĹ?ĹŻÄšĹ?ĹśĹ? WÄžĆŒĹľĹ?ĆšĆ? ƚŚĂƚ WĆŒÄžÄšÄ‚ĆšÄž ƚŚĹ?Ć? ŽĚĞ 1. Generally. It is the intent of the City to respect existing development approvals and building permits. Approved development and building plans may be carried out within the scope of the approved plans, including applicable standards and codes in effect at the time of approval, provided that the approval is valid and has not expired as set out in Subsection 25.06.070.6, Termination of Inactive Applications.

2. Right to Complete Construction. Nothing in this Code shall be deemed to require any change in the plans, construction, or designated use of any structure in the event that: a. A building permit for a structure was lawfully issued prior to the effective date of this Code; and b. The building permit had not by its own terms expired prior to the effective date of this Code, as set out in Subsection 25.06.070.6, Termination of Inactive Applications; and c. There has been a substantial change of position, substantial expenditures, or substantial obligations incurred by the permit holder in reliance on such permit; d. A change of position, expenditures, or incurred obligations occurred prior to the time the permit holder had actual or constructive knowledge of this Code which would, upon adoption, make the issuance of the building permit illegal; and e. Construction pursuant to the building permit was commenced prior to the expiration of the permit and within 90 days of the effective date of this Code and is thereafter diligently pursued to completion.

3. Right to Occupy. Upon completion pursuant to Item 2, Right to Complete Construction, above, a structure may be occupied by, and a …‡”–‹Ď?‹…ƒ–‡ ‘ˆ ‘……—’ƒÂ?…› shall be issued for, the use designated on the building permit, subject thereafter to the provisions of Subchapter 25.06-C, Nonconformities.

4. Duration of Approvals. Development approvals that are valid on the effective date of this ‘†‡ ƒ”‡ ˜ƒŽ‹† ˆ‘” –Š‡ †—”ƒ–‹‘Â? •’‡…‹Ď?‹‡† ‹Â? ‘” ƒ– –Š‡ –‹Â?‡ ‘ˆ ƒ’’”‘˜ƒŽǤ ˆ Â?‘ †—”ƒ–‹‘Â? ™ƒ• ‹Â? ‡ˆfect at the time of the approval, the respective approval shall expire in accordance with Subsection 25.06.070.6, Termination of Inactive Applications.

5. Scope of Approvals. This Section shall not be interpreted to confer rights upon an applicant that are not set out within the approved documents associated with each permit. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ­Í˜ĎŹĎľĎŹ sÄ‚ĆŒĹ?Ä‚ĹśÄ?ÄžĆ? ĂŜĚ >Ĺ?ĹľĹ?ƚĞĚ ĂŜĚ ŽŜĚĹ?Ć&#x;ŽŜĂů hĆ?Äž WÄžĆŒĹľĹ?ĆšĆ?

1. š‹•–‹�‰ ƒ”‹ƒ�…‡• ƒ�† ‹�‹–‡† ƒ�† ‘�†‹–‹‘�ƒŽ •‡ ‡”�‹–•Ǥ Any variance, limited use permit, or conditional use permit lawfully issued for a lot or parcel of land prior to the effective date of this Code, which could be lawfully issued pursuant to the provisions of this Code shall be deemed to be valid. Any structure or use of land lawfully authorized by any variance, limited use permit, or conditional use permit, which could not be issued after the effective date of this Code shall be allowed to continue subject to the provisions of Subchapter 25.06-C, Nonconformities. In all cases, variances and limited and conditional uses run with the land, not an applicant or owner.

2. š‹•–‹Â?‰ •‡• ‘ˆ ‹‰Š– –‘ ‘Â?†‹–‹‘Â?ƒŽ ƒÂ?† ‹Â?‹–‡† •‡•. Any existing structure or use of land established as of right for a lot or parcel of land under any previous regulations in which it is listed as a conditional or limited use in this Code shall be a lawful conditional or limited use of land upon the adoption of this Code; provided, however, that any such existing structure or use of land that is vacated, abandoned, or for which there is a change of ownership shall be null and void. Such conditional or limited use status is subject to the provisions of Subchapter 25.06-C, Nonconformities. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ­Í˜Ď­ĎŹĎŹ WĆŒĹ?Ĺ˝ĆŒ ŽŜĚĹ?Ć&#x;ŽŜĆ? ŽĨ Ć‰Ć‰ĆŒĹ˝Ç€Ä‚ĹŻ 1. Generally. Conditions of development approvals that were granted prior to the effective date remain in force, regardless of the standards of this Code.

2. ‘†‹Ď?‹…ƒ–‹‘Â? ‘” Ž‹Â?‹Â?ƒ–‹‘Â? ‘ˆ ‘Â?†‹–‹‘Â?•Ǥ Conditions of approvals that were imposed prior –‘ –Š‡ ‡ˆˆ‡…–‹˜‡ †ƒ–‡ Â?ƒ› „‡ Â?‘†‹Ď?‹‡† ‘” ‡Ž‹Â?‹Â?ƒ–‡† ’—”•—ƒÂ?– –‘ Â?‡™ ƒ’’Ž‹…ƒ–‹‘Â?• –Šƒ– Â?‡‡– –Š‡ procedures and standards of this Code. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ­Í˜Ď­Ď­ĎŹ ŜŜĞdžĞĚ WĆŒĹ˝Ć‰ÄžĆŒĆšÇ‡ 1. Generally. Zoning of annexed land or land in the process of annexation is an initial zoning. The standards and procedures that apply to zoning of annexed land are the same as those applied to a rezoning of property within the City limits. See Subsection 25.06.090.15, Zone Change (rezoning).

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2. Timing of Adoption of Zoning. An ordinance proposing zoning of a parcel or parcels to be ƒÂ?Â?‡š‡† •ŠƒŽŽ Â?‘– „‡ Ď?‹Â?ƒŽŽ› ƒ†‘’–‡† „› –Š‡ ‹–› ‘—Â?…‹Ž „‡ˆ‘”‡ –Š‡ †ƒ–‡ ‘ˆ Ď?‹Â?ƒŽ ƒ†‘’–‹‘Â? ‘ˆ –Š‡ ƒÂ?nexation ordinance, but the annexation ordinance may include the zoning for the annexed property.

3. ‘�‹�‰ ‘ˆ ��‡š‡† ƒ�†. Upon annexation of land into the City, the City may process an application for an initial zoning designation as set out in Item 4, Zoning by Petition, below, or may designate a newly annexed property’s zoning upon its own initiative, in conjunction with annexation proceedings. Land that is not otherwise zoned by the City during the annexation process is zoned Rural Residential (RR) upon annexation until rezoned to another district.

4. Zoning by PetitionǤ ’‡–‹–‹‘Â? Â?ƒ› „‡ Ď?‹Ž‡† ™‹–Š –Š‡ Planning and Zoning Commission (hereinafter referred to as “Commissionâ€?) and the City Council ”‡“—‡•–‹Â?‰ ƒ †‹ˆˆ‡”‡Â?– œ‘Â?‹Â?‰ …Žƒ••‹Ď?‹…ƒ–‹‘Â? •‘ –Šƒ– ™Š‡Â? ƒ ’ƒ”…‡Ž ‹• ƒÂ?Â?‡š‡† ‹– ™‹ŽŽǥ ‹Â?Â?‡†‹ƒ–‡Ž› —’‘Â? ƒÂ?Â?‡šƒ–‹‘Â?ÇĄ „‡ …Žƒ••‹Ď?‹‡† ‹Â? ƒ zoning district other than Rural Residential (RR). The petition shall be acted upon by the Commission and the City Council in the same manner and with the same procedures as with any other amendment to the zoning map as set out in Subsection 25.06.090.15, Zone Change (rezoning). A petition may not be Ď?‹Ž‡† —Â?Ž‡•• ƒ ’‡–‹–‹‘Â? ˆ‘” ˜‘Ž—Â?–ƒ”› ƒÂ?Â?‡šƒ–‹‘Â? Šƒ• „‡‡Â? Ď?‹Ž‡† ™‹–Š –Š‡ ‹–› ƒÂ?† –Š‡ †Â?‹Â?‹•–”ƒ–‘” determines that its eventual approval by the City and State of Iowa is likely. The property in ques–‹‘Â? Â?—•– „‡ •’‡…‹Ď?‹…ƒŽŽ› †‡•…”‹„‡†ǥ ƒÂ?† –Š‡ ’”‘’‘•‡† œ‘Â?‹Â?‰ …Žƒ••‹Ď?‹…ƒ–‹‘Â? —’‘Â? ƒÂ?Â?‡šƒ–‹‘Â? Â?—•– „‡ clearly stated. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ­Í˜Ď­ĎŽĎŹ WůĂŜŜĞĚ ĞǀĞůŽƉžĞŜƚĆ?

1. Final Plan Approval. Either independent or overlay planned developments that were granted approval and for which construction is complete or is in progress prior to the effective date of this Code may be carried out and shall be governed according to the terms and conditions of their apÂ’Â”Â‘Â˜ÂƒÂŽÂ•ÇĄ —Â?Ž‡•• ‡š’”‡••Ž› ”‡’‡ƒŽ‡† ‘” Â?‘†‹Ď?‹‡† „› –Š‡ ‹–› ‘—Â?…‹Ž —Â?†‡” –Š‹• ‘†‡Ǥ Â?Ž‡•• ‘–Š‡”™‹•‡ stated in their conditions of approval, if planned development site plan approval was not obtained within one year of the development concept plan approval, the development approval is expired.

If construction has not commenced within one year after approval of a planned development site plan, the site plan approval and permits based on such approval are void, as set out in Subsection 25.06.09.110, Planned Development Site Plan.

2. Resubmission RequiredǤ ˆ ƒ ’ŽƒÂ?Â?‡† †‡˜‡Ž‘’Â?‡Â?– •‹–‡ ’ŽƒÂ? Šƒ• ”‡…‡‹˜‡† Ď?‹Â?ƒŽ ƒ’’”‘˜ƒŽ ‘ˆ –Š‡ City Council, the rights conferred upon the applicant shall not be disturbed for one year. If construction has not commenced within such time, thereafter, the planned development site plan shall be in accordance with the standards and procedures of Subsection 25.06.09.110, Planned Development Site Plan.

3. Alteration. If approval of a planned development site plan occurred within one year of the development concept plan approval and construction commenced within one year after approval of the planned development site plan, any alteration of the previously approved planned development site plan shall be in accordance with the standards and procedures of this Code.

4. No Planned Development Site Plan FiledǤ ˆ Â?‘ ’ŽƒÂ?Â?‡† †‡˜‡Ž‘’Â?‡Â?– •‹–‡ ’ŽƒÂ? Šƒ• „‡‡Â? Ď?‹Ž‡† as of the effective date of this Code, the provisions of this Code shall apply.

5. Phased Approval. For a plan that was to be developed in phases, after the effective date of this Code, site plan approval in accordance with the standards and procedures of this Code may be sought for each subsequent phase of development, provided that a site plan was obtained by ordiÂ?ƒÂ?…‡ ˆ‘” –Š‡ Ď?‹”•– ’Šƒ•‡ ‘ˆ †‡˜‡Ž‘’Â?‡Â?– ™‹–Š‹Â? ‘Â?‡ ›‡ƒ” ‘ˆ –Š‡ †‡˜‡Ž‘’Â?‡Â?– …‘Â?…‡’– ’ŽƒÂ? ƒ’’”‘˜ƒŽǤ ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ­Í˜Ď­ĎŻĎŹ džĹ?Ć?Ć&#x;ĹśĹ? sĹ?ŽůĂĆ&#x;ŽŜĆ?

1. Generally. Any violation of previous versions of the City’s zoning regulations shall continue to be a violation under this Code and shall be subject to the penalties and enforcement set out in Section 25.06.160, Enforcement Procedures, as well as those set out in the Municipal Code.

2. Fines and Penalties. ƒ›Â?‡Â?– ‘ˆ Ď?‹Â?‡• •ŠƒŽŽ „‡ ”‡“—‹”‡† ˆ‘” ƒÂ?› …‹˜‹Ž ’‡Â?ƒŽ–› ƒ••‡••‡† —Â?†‡” the previous regulations, even if the original violation is no longer considered a violation under this Code.

CHAPTER 25.02 ZONING DISTRICTS AND LAND USES SUBCHAPTER 25.02-A PURPOSE AND APPLICATION

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜ĎŹĎąĎŹ EÄžĹ?Ĺ?ĹšÄ?Ĺ˝ĆŒĹšĹ˝Ĺ˝Äš ŽŜĆ?ÄžĆŒÇ€Ä‚Ć&#x;ŽŜ Ĺ?Ć?ĆšĆŒĹ?Ä?ĆšĆ?

Sec. 25.02.010 Purpose The purpose of Chapter 25.02, Zoning Districts and Land Uses, is to establish zoning districts and to set out allowed, limited, conditional, and prohibited uses in each district. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜ĎŹĎŽĎŹ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ 1. Generally. This Chapter: a. Divides the City into zoning districts; and b. Sets out which land uses are permitted by right (allowed), allowed subject to special standards (limited) or processes (conditional), and not allowed (prohibited) in each zoning district.

2. Zoning Districts. Set out in Subchapter 25.02-B, Zoning Districts, is the districts that provide for the character and type of development that is allowed in various parts of the City. The zoning districts are shown on the ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ ƒ’, which is established in Section 25.02.030, ÂˆĎ”Â‹Â…Â‹ÂƒÂŽ Zoning Map. 3. Allowed, Limited, Conditional, and Prohibited Uses. Established in Subchapter 25.02-C, Land Uses, is a series of tables that establish which uses are allowed, allowed subject to special standards and/or processes, and not allowed in each zoning district. In general, land uses are either allowed ‘” ’”‘Š‹„‹–‡† ‹Â? ‡ƒ…Š œ‘Â?‹Â?‰ †‹•–”‹…–Ǥ Â‘Â™Â‡Â˜Â‡Â”ÇĄ ˆ‘” •‘Â?‡ —•‡•ǥ –Š‡”‡ ƒ”‡ ‘–Š‡” …Žƒ••‹Ď?‹…ƒ–‹‘Â?•ǣ a. Limited Uses. Limited uses may be approved by the Administrator, or a designee, according to the procedures set out in Subsection 25.06.080.3, Â‡Â”Â–Â‹Ď”Â‹Â…ÂƒÂ–Â‡ ‘ˆ ‘Â?‹Â?‰ ‘Â?pliance (permitted and limited uses); and b. Conditional Uses. Conditional uses may be approved after a public hearing by the Board of Adjustment, which may apply general and/or special standards to ensure that the use is compatible with adjacent land uses and the community as a whole. See Subsection 25.06.090.7, Conditional Use Permit.

4. Temporary Uses. Set out in Subchapter 25.02-E, Temporary Uses, is the standards for the approval of temporary uses, including, but not limited to, public, commercial, and neighborhood events, as well as temporary construction, storage, and refuse collection uses.

SUBCHAPTER 25.02-B ZONING DISTRICTS ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜ĎŹĎŻĎŹ KĸÄ?Ĺ?Ä‚ĹŻ ŽŜĹ?ĹśĹ? DĂƉ 1. Generally. Zoning districts are shown on the atlas of maps entitled “ ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ ƒ’â€? of the City of Sioux City (referred to hereinafter as “Zoning Mapâ€?). The Zoning Map is attached and made ’ƒ”– ‘ˆ –Š‹• ‘†‡Ǥ Â? ‘ˆĎ?‹…‹ƒŽ …‘’› ‘ˆ –Š‡ ‘Â?‹Â?‰ ƒ’ ‹• ‘Â? Ď?‹Ž‡ ƒÂ?† ƒ˜ƒ‹Žƒ„Ž‡ ˆ‘” ‹Â?•’‡…–‹‘Â? †—”‹Â?‰ regular business hours at the Community Development Department, Planning Division (hereinafter, referred to as Department).

2. ‘”…‡ ƒÂ?† ˆˆ‡…–Ǥ The Zoning Map and all notations, references, and other information shown ‘Â? ‹– ƒ”‡ ƒ ’ƒ”– ‘ˆ –Š‹• ‘†‡ ƒÂ?† Šƒ˜‡ –Š‡ •ƒÂ?‡ ˆ‘”…‡ ƒÂ?† ‡ˆˆ‡…– ĥ –Š‡ –‡š– ‘ˆ –Š‹• ‘†‡ǥ ĥ …‡”–‹Ď?‹‡† and maintained by the City Clerk, or a designee.

3. Map AmendmentsǤ Â?› ƒÂ?‡Â?†Â?‡Â?– –‘ –Š‡ œ‘Â?‹Â?‰ …Žƒ••‹Ď?‹…ƒ–‹‘Â? ‘Â? –Š‡ ‘Â?‹Â?‰ ƒ’ •ŠƒŽŽ ‹Â?clude the legal description of the land involved, and extending to the centerline(s) of abutting rightsof-way, and shall be promptly and permanently noted on the face of the map in the custody of the City Clerk, or a designee.

4. Omitted Land. It is the intent that the entire area of the City, including all land and water areas, rivers, streets, alleys, railroads, and other rights-of-way, is included in the zones established by this ‘†‡Ǥ Â?› ƒ”‡ƒ Â?‘– •Š‘™Â? ‘Â? –Š‡ ‘Â?‹Â?‰ ƒ’ ĥ „‡‹Â?‰ ‹Â?…Ž—†‡† ‹Â? ƒ •’‡…‹Ď?‹… œ‘Â?‡ •ŠƒŽŽ „‡ †‡‡Â?‡† –‘ „‡ǥ ƒÂ?† ‹– ‹• Š‡”‡„› …Žƒ••‹Ď?‹‡† ‹Â? –Š‡ —”ƒŽ ‡•‹†‡Â?–‹ƒŽ Č‹ ČŒ †‹•–”‹…–Ǥ 5. –ƒ–—• ‘ˆ –Š‡ ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ ƒ’Ǥ Š‡ ‘Â?‹Â?‰ ƒ’ –Šƒ– ‹• …‡”–‹Ď?‹‡† ƒÂ?† Â?ƒ‹Â?–ƒ‹Â?‡† „› –Š‡ ‹–› Ž‡”Â?ÇĄ ‘” ƒ †‡•‹‰Â?‡‡ǥ ƒÂ?† ‘Â? Ď?‹Ž‡ ƒ– –Š‡ Department •ŠƒŽŽ …‘Â?–”‘Ž ‹Â? –Š‡ ‡˜‡Â?– ‘ˆ ƒ …‘Â?Ď?Ž‹…– „‡–™‡‡Â? –Š‡ Â?ƒ’ –Šƒ– ‹• ‘Â? Ď?‹Ž‡ ƒÂ?† ƒÂ?› ‘–Š‡” ”‡’”‘†—…–‹‘Â? ‘ˆ –Š‡ ‘Â?‹Â?‰ ƒ’Ǥ 6. ˆˆ‡…–‹˜‡ ƒ–‡Ǥ This Code may be adopted before the Zoning Map. In such case, this Code will not become effective until the Zoning Map is adopted.

7. Interpreting the Zoning Map. Where the Zoning Map appears to be unclear regarding the location of district boundaries, the Administrator, or at the Administrator’s discretion, the Commission, shall make a determination using the following criteria: a. Rights-of-Way or Easements. Where boundary lines appear to follow existing streets, alleys, railroad tracks, utility lines, or similar features, the zoning boundary shall be construed to follow the center line of the rights-of-way or easement of such features. Where the location of these features on the ground differs from that shown on the Zoning Map, the features on the ground control. b. Property Lines. Where the boundaries are indicated as approximately following property or other lot lines, such lines shall be construed to be the boundaries. c. Watercourses. Boundaries shown as following, or approximately following, the shoreline or centerline of drainage ways, rivers, streams, water bodies, or other watercourses shall be construed as following the channel shoreline or centerline. In the event of a natural change in the location of such streams or other watercourses, the zoning district boundary shall be construed as moving with the channel shoreline or centerline. d. Â?ÇŚÂ•Â—Â„Â†Â‹Â˜Â‹Â†Â‡Â† ƒÂ?† ‘” ‘ †‡Â?Â–Â‹Ď”Â‹ÂƒÂ„ÂŽÂ‡ ‡ƒ–—”‡. On un-subdivided land, or where a district „‘—Â?†ƒ”› ˆ‘ŽŽ‘™• Â?‘ ‹†‡Â?–‹Ď?‹ƒ„Ž‡ ÂˆÂ‡ÂƒÂ–Â—Â”Â‡ÇĄ –Š‡ Ž‘…ƒ–‹‘Â? ‘ˆ –Š‡ „‘—Â?Â†ÂƒÂ”Â›ÇĄ —Â?Ž‡•• –Š‡ same is indicated by dimensions, shall be determined by applying, in order, the following rules: 1.

Legal Description. The boundary shall be according to the legal description in the ordinance establishing the district boundaries; 2.

Text Dimensions. The boundary shall be located by reference to dimensions shown in the text on the Zoning Map, if any; or 3.

Map Scale. The boundary shall be located using the map scale appearing on the Zoning Map. e. Floodplain BoundariesǤ Š‡Â? Â?‘– ‘–Š‡”™‹•‡ †‡–‡”Â?‹Â?‡†ǥ –Š‡ „‘—Â?†ƒ”‹‡• ‘ˆ Ď?Ž‘‘† œ‘Â?‡• shall follow contour or elevation lines at the elevation above sea level indicated ‘Â? –Š‡ ‘ˆĎ?‹…‹ƒŽ Ž‘‘† ƒœƒ”† ‘—Â?†ƒ”› ƒ’ Č‹ ČŒ ‘” Ž‘‘† Â?•—”ƒÂ?…‡ ƒ–‡ ƒ’ (FIRM). Elevations between stream cross-sections on the FHBM or FIRM shall be determined by proportional interpolation. f. Vacation or AbandonmentǤ Š‡”‡ ƒ ’—„Ž‹… •–”‡‡–ǥ ÂƒÂŽÂŽÂ‡Â›ÇĄ ‘” ’ƒ”…‡Ž ‘ˆ ŽƒÂ?† ‹• ‘ˆĎ?‹…‹ƒŽŽ› ˜ƒ…ƒ–ed or abandoned, the regulations applicable to the abutting property apply equally to the vacated or abandoned street, alley, or parcel of land. g. Designation of Un-designated Land. For the purposes of ensuring that all land has a zoning designation, any land that is not assigned a zoning district on the Zoning Map is zoned Rural Residential (RR).

8. ‘Â?Ď?Ž‹…–• ‡•‘Ž˜‡†Ǥ Â? –Š‡ ‡˜‡Â?– ‘ˆ ƒ …‘Â?Ď?Ž‹…– „‡–™‡‡Â? –Š‡ †‹•–”‹…– „‘—Â?†ƒ”‹‡• ‘Â? –Š‡ ‘Â?‹Â?‰ Map and the zoning of property provided by a duly enacted rezoning ordinance adopted before the effective date of this Code, the Zoning Map shall control. In case of doubt or dispute, the boundary lines shall be determined by the Board of Adjustment upon receiving an appeal from a ruling of the Administrator, provided the jurisdiction of the Board of Adjustment shall not include the interpreta–‹‘Â? ‘ˆ –Š‡ „‘—Â?†ƒ”‹‡• ‘ˆ Ď?Ž‘‘† œ‘Â?‡•Ǥ ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜ĎŹĎ°ĎŹ ŽŜĹ?ĹśĹ? Ĺ?Ć?ĆšĆŒĹ?Ä?ĆšĆ? Š‡ œ‘Â?‹Â?‰ †‹•–”‹…–• ƒ”‡ …ƒ–‡‰‘”‹œ‡† ‹Â?–‘ ͳ͸ œ‘Â?‹Â?‰ †‹•–”‹…– …Žƒ••‹Ď?‹…ƒ–‹‘Â?•ǥ ™Š‹…Š ƒ”‡ Žƒ„‡Ž‡† „‡Ž‘™ and set out and described in Table 25.02.040, Zoning DistrictsǤ Š‡ …Žƒ••‹Ď?‹…ƒ–‹‘Â?• ‹Â?…Ž—†‡ǣ Residential 1. Agriculture (AG) 2. Rural Residential (RR) 3. Suburban Residential (SR) 4. General Residential (GR) 5. Urban Residential (UR) 6. Neighborhood Conservation (NC) Mixed Use District 7. Mixed Use (MU) Nonresidential Districts 8. Suburban Commercial (SC) 9. General Commercial (GC) 10. Downtown Commercial (DC) 11. Business Park (BP) 12. General Industrial (GI) Overlay and Special Districts 13. Airport Protection (AP) 14. Casino Entertainment (CE) 15. Historic Area (HA) 16. Public and Institutional (PI)

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F03.23.15

1. Purpose. The purpose of this Section is to: a. General Standards. Establish general development standards for residential lots in the NC.1, NC.2, NC.3, NC.4, and NC.5 sub-districts, which apply to development of vacant lots or the redevelopment or expansion of existing buildings in platted neighborhoods; and b. Alternate Standards. Establish alternative development standards for residential lots in the NC.1, NC.2, NC.3, NC.4, and NC.5 sub-districts, which apply to the expansion or ”‡…‘Â?Ď?‹‰—”ƒ–‹‘Â? ‘ˆ ‡š‹•–‹Â?‰ „—‹Ž†‹Â?‰• ™Š‡Â? –Š‡ ‡š’ƒÂ?•‹‘Â? ‘” ”‡…‘Â?Ď?‹‰—”ƒ–‹‘Â? †‘‡• not comply with the standards set out in Section 25.03.020, Standards for Established Neighborhoods.

2. Application. This Section applies to development within the NC.1, NC.2, NC.3, NC.4, and NC.5 sub-districts, including: a. Compliance with Standards. New development, redevelopment, and building modiĎ?‹…ƒ–‹‘Â?• ‘” ‡š’ƒÂ?•‹‘Â?• –Šƒ– …‘Â?’Ž› ™‹–Š –Š‡ •–ƒÂ?†ƒ”†• •‡– ‘—– ‹Â? —„•‡…–‹‘Â?

25.03.020.3, Development Standards, for the applicable district are allowed in that district. b. Noncompliance with StandardsǤ ˆ ƒ ’”‘’‘•‡† „—‹Ž†‹Â?‰ Â?‘†‹Ď?‹…ƒ–‹‘Â? ‘” ‡š’ƒÂ?•‹‘Â? †‘‡• not comply with the standards set out in Subsection 25.03.020.3, Development Standards, then the application shall be evaluated according to the alternative setback standards of Subsection 25.03.020.4, Alternative Standards. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜ĎŹĎ˛ĎŹ ^ƉĞÄ?Ĺ?Ä‚ĹŻ ĂŜĚ KÇ€ÄžĆŒĹŻÄ‚Ç‡ Ĺ?Ć?ĆšĆŒĹ?Ä?ĆšĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŽÍ˜ĎŹĎ˛ĎŹÍ˜Ď­ Ĺ?ĆŒĆ‰Ĺ˝ĆŒĆš WĆŒĹ˝ĆšÄžÄ?Ć&#x;ŽŜ Íž WÍż Ĺ?Ć?ĆšĆŒĹ?Ä?Ćš 1. ‹•–”‹…– •–ƒ„Ž‹•Š‡†. An Airport Protection (AP) overlay district is established for the purpose of ensuring that development within the areas of the City that are impacted by the Siouxland Gateway Airport operations are compatible with the function and operations of the airport.

2. Purpose. Consistent with the Chapter 329, Airport Zoning, of the Iowa Code, it is hereby found that an airport hazard endangers the lives and property of the users of an airport and occupants of land and other persons in its vicinity and also, if the obstruction type, in effect reduces the size of the area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is hereby declared: a. That the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport; b. That it is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of airport hazards be prevented; c. That the prevention of airport hazards should be accomplished, to the extent legally possible, by the exercise of the City’s police power; d. That the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which the City may raise and expend public funds, as an incident to the operation of the airport, to acquire land or property interests.

3. Jurisdiction. The standards, regulations, and restrictions of this Section apply to lands within the corporate limits of the City of Sioux City.

4. Authority. The administration and enforcement of the regulations of this Item is hereby granted to the Administrator, in coordination with the Airport Director, who shall review and act upon all applications for permits.

5. ‘Â?Ď?Ž‹…–Ǥ Â? –Š‡ ‡˜‡Â?– ‘ˆ ƒÂ?› …‘Â?Ď?Ž‹…– „‡–™‡‡Â? –Š‡ ”‡‰—Žƒ–‹‘Â?• ‘ˆ –Š‹• ‘†‡ ƒÂ?† ƒÂ?› ‘–Š‡” ”‡‰—Žƒ–‹‘Â?• ƒ’’Ž‹…ƒ„Ž‡ –‘ –Š‡ •ƒÂ?‡ ÂƒÂ”Â‡ÂƒÇĄ ™Š‡–Š‡” –Š‡ …‘Â?Ď?Ž‹…– ‹• ™‹–Š ”‡•’‡…– –‘ –Š‡ Š‡‹‰Š– ‘ˆ •–”—…–—”‡• ‘” trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

6. Airport Zoning Commission. The Airport Zoning Commission is appointed in accordance with Iowa Code, Section 329.9, Procedure for Adopting Zoning Regulations - Zoning Commission, as amended from time to time.

7. Applicability. All projects located within the AP District that exceed 150 feet in height shall be reviewed by the Administrator, in consultation with the Airport Director, for compliance with the provisions of the AP district.

8. ‘—�†ƒ”‹‡•. The boundaries of the AP District are the extents of the airport zones within the jurisdiction of the City, as set out in Item 22., Zones, below.

9. Interpretation. All features of property within the AP District shall comply with the applicable requirements of 14 CFR § 77. The City may require a study establishing compliance at the time of a rezoning request, and may also require a similar study at the time of application for development approval. The City’s standard note requiring compliance with 14 CFR § 77 shall be required on all recorded development approvals. Where structures are allowed, the maximum height must not exceed the limitations of 14 CFR § 77 in effect at the time of permit issuance.

10. Disclaimer. The degree of protection provided by this Item is considered reasonable for regula–‘”› ’—”’‘•‡• ƒÂ?† ‹• „ƒ•‡† ‘Â? ’ŽƒÂ?Â?‹Â?‰ǥ ‡Â?‰‹Â?‡‡”‹Â?‰ǥ ƒÂ?† •…‹‡Â?–‹Ď?‹… Â?‡–Š‘†• ‘ˆ •–—†›ǥ ƒÂ?† ‹Â? …‘ordination with appropriate federal agencies. This Item does not imply that areas outside of the airport hazard area will be totally free from aircraft hazards or noise, and, therefore, shall not create ƒ Ž‹ƒ„‹Ž‹–› ‘Â? –Š‡ ’ƒ”– ‘ˆ –Š‡ ‹–›ǥ ‘” ƒÂ?› ‘ˆ ‹–• ‘ˆĎ?‹…‡”• ‘” ‡Â?’Ž‘›‡‡•ǥ ˆ‘” ƒÂ?› †ƒÂ?ƒ‰‡• ”‡•—Ž–‹Â?‰ ˆ”‘Â? reliance on this Item.

11. ˜‹‰ƒ–‹‘Â? ƒ•‡Â?‡Â?– . This Item may apply to land within the airport hazard area, and to development for which the Administrator, in consultation with the Airport Director, or City Council determines that conditions of approval are necessary to prevent or mitigate environmental impacts or hazards to navigation. When required, development approvals shall be conditioned upon recording an appropriate avigation easement over the parcel proposed for development. The easement shall: a. Be in a form reviewed and recommended by the City Attorney and approved by the City Council; „Ǥ ‡”Â?‹– Ď?Ž‹‰Š– ‘’‡”ƒ–‹‘Â?• ƒ„‘˜‡ –Š‡ ’ƒ”…‡Ž ’”‘’‘•‡† ˆ‘” †‡˜‡Ž‘’Â?‡Â?–Ǣ c. Release the aircraft operator, the airport owner and operators, and the City from liability ‘” ”‡•’‘Â?•‹„‹Ž‹–› ˆ‘” –Š‡ ‡ˆˆ‡…–• ‘ˆ –Š‡‹” Ď?Ž‹‰Š– ‘’‡”ƒ–‹‘Â?•Ǣ d. Recognize the right of the aircraft operator, the airport owner and operators, and the City to: 1.

Create noise, dust, fumes, vibration, the dispersion of fuel particles; 2.

Prohibit electrical interference and directed lighting or glare that would interfere with airport operations; and 3.

Remove, mark, or light structures or other obstructions above heights •’‡…‹Ď?‹‡† ‹Â? –Š‡ ‡ƒ•‡Â?‡Â?–Ǥ e. Run with the land with a perpetual term; f. Include language stating that, where applicable, noise mitigation construction techniques may be required to mitigate the noise to which the property is exposed; and g. Be recorded in the public records of Woodbury County.

12. Required Permit. A permit shall be applied for, considered, and, as appropriate, granted by the Airport Zoning Commission before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed, altered, or repaired. a. No permit will be granted that will allow the establishment or creation of an airport hazard or permit a nonconforming structure, tree, or nonconforming use to be made, become higher, or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made. b. A permit authorizing any replacement, alteration, repair, reconstruction, growth, or replanting must be secured from the Administrator before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted. c. No permit shall be required for repairs to a nonconforming structure necessitated by Ď?‹”‡ǥ ‡š’Ž‘•‹‘Â?ÇĄ ƒ…–• ‘ˆ ‘†ǥ ‘” –Š‡ …‘Â?Â?‘Â? ‡Â?‡Â?›ǥ ‘” ‹ˆ –Š‡ ”‡’ƒ‹”• †‘ Â?‘– ‹Â?˜‘Ž˜‡ expenditures exceeding more than 60 percent of the fair market value of the nonconforming structure, so long as the height of the nonconforming structure is not increased over its pre-existing height.

13. ‡”�‹– š…‡’–‹‘�•. a. Horizontal and Conical Zones. In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any structure less than 75 feet in height above the surface of the ground, except when because of terrain, land contour, or topographic features such structure would extend above the height limits prescribed for such zone. b. Instrument and Non-instrument Approach Zones. In the area lying within the limits of the instrument and non-instrument approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runways, no permit shall be required for any structure less than 75 feet in height above the surface of the land, except when such structure would extend above the height limit prescribed for such instrument or non-instrument approach zone. c. Transition Zones. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any structure less than 75 feet in height above the surface of the land, except when such structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.

14. Required Annotations on Applications for Development Approval. Applications for development approval within the AP District shall depict the boundaries of the AP District and the airport zones on or in the vicinity of the parcel proposed for development.

15. Required Annotations on Development Approvals. a. GenerallyǤ •’‡…‹Ď?‹… Â?‘–‡ ‹Â?†‹…ƒ–‹Â?‰ –Š‡ ”‡…‘”†‹Â?‰ ‹Â?ˆ‘”Â?ƒ–‹‘Â? ˆ‘” –Š‡ ƒ˜‹‰ƒ–‹‘Â? ‡ƒ•‡ment that is required by Item 11, Avigation Easement Required, above, shall be required on all development approvals. b. Site Plans and Plats. A note in a form approved by the City Attorney shall be included on each site plan and each plat that is subject to this Item, which discloses the existence of the noise mitigation construction technique requirement and states the applicant’s and the applicant’s successors in interest consent to the requirements and to the City’s enforcement of the requirements. c. Additional Requirements. The City shall also require, as applicable, the following annotations or disclosures on site plans or plats: 1.

Excerpts of the regulations of this Item (transcribed or summarized); 2.

Noise disclosure text; and 3.

Other notes that are intended to ensure full and adequate disclosure of the hazards and the development conditions applicable to the parcel proposed for development.

16. Permitted Uses. The AP District shall permit airport uses, as well as related support facilities and other uses allowed in the BP and GI Districts, provided that such allowed uses are not detrimental or hazardous to the safety of aircraft. All regulations that apply to the BP and GI Districts shall ƒŽ•‘ ƒ’’Ž› –‘ –Š‡ ‹•–”‹…–ǥ ‡š…‡’– ™Š‡”‡ •—…Š ”‡‰—Žƒ–‹‘Â?• …‘Â?Ď?Ž‹…– ™‹–Š ‡†‡”ƒŽ ˜‹ƒ–‹‘Â? †Â?‹Â?‹•tration (FAA) regulations.

17. Accessory Uses. Accessory facilities incidental to the normal operation of an aircraft landing Ď?‹‡Ž† ‹Â?…Ž—†‹Â?‰ǥ „—– Â?‘– Ž‹Â?‹–‡† –‘ǥ Â?ƒ˜‹‰ƒ–‹‘Â?ƒŽ ÂƒÂ‹Â†Â•ÇĄ ”‡ˆ—‡Ž‹Â?‰ ÂˆÂƒÂ…Â‹ÂŽÂ‹Â–Â‹Â‡Â•ÇĄ ’ƒ”Â?‹Â?‰ ƒÂ?† •–‘”ƒ‰‡ ÂˆÂƒÂ…Â‹ÂŽÂ‹Â–Â‹Â‡Â•ÇĄ ƒÂ?† ‘ˆĎ?‹…‡•ǥ „—– Â?‘– ‹Â?…Ž—†‹Â?‰ —•‡• –Šƒ– ƒ”‡ ’”‘Š‹„‹–‡† ‹Â? –Š‡ ƒÂ?†

‹•–”‹…–•ǥ ĥ ƒŽŽ‘™‡†Ǥ

18. Use Restrictions. Notwithstanding any other provisions of this Item, no use may be made of land or water within any airport zone in a manner as to: a. Create electrical interference with navigational signals or radio communication between the airport and aircraft; „Ǥ ƒÂ?‡ ‹– †‹ˆĎ?‹…—Ž– ˆ‘” ƒ‹”…”ƒˆ– ‘’‡”ƒ–‘”• –‘ †‹•–‹Â?‰—‹•Š „‡–™‡‡Â? ƒ‹”’‘”– Ž‹‰Š–• ƒÂ?† ‘–Š‡” lights; c. Result in glare in the eyes of aircraft operators using the airport; d. Impair visibility in the vicinity of the airport; or e. In any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.

19. Space Limits. The space limits shall be the same as those applicable to the BP and GI Districts, except: a. No heliport shall be located on a lot of less than 40,000 square feet; and „Ǥ ‘ ŽƒÂ?†‹Â?‰ Ď?‹‡Ž† ˆ‘” ƒ‹”’ŽƒÂ?‡• •ŠƒŽŽ „‡ Ž‘…ƒ–‡† ‘Â? ƒ •‹–‡ ‘ˆ Ž‡•• –ŠƒÂ? ͜Ͳ ÂƒÂ…Â”Â‡Â•Ç˘ ƒÂ?† …Ǥ Š‡ •‹–‡ ‘ˆ ƒ ŽƒÂ?†‹Â?‰ Ď?‹‡Ž† ˆ‘” ƒ‹”’ŽƒÂ?‡• •ŠƒŽŽ „‡ ‘ˆ •—ˆĎ?‹…‹‡Â?– •‹œ‡ –‘ ’”‘˜‹†‡ ƒ– Ž‡ƒ•– ͡ͲͲ feet between the end of each runway and the nearest boundary line of such site intersecting the centerline of the longest dimension of each runway.

20. Height Limits. Except as provided in this Item, no structure or tree shall be erected, altered, allowed to grow, or be maintained in the airport hazard area or any applicable airport zone to a height in excess of the applicable height limit established for such zone. Such height limitations are computed as follows: a. Instrument Approach Zone. Height limits are as follows: one foot in height for each 50 feet in horizontal distance beginning at a point 200 feet from the end of the instrument runway and extending to a distance of 10,200 feet from the end of the runway; thence one foot in height for each 40 feet in horizontal distance to a point 50,200 feet from the end of the runway. b. Non-instrument Approach Zones. Height limits are as follows: one foot in height for each 40 feet in horizontal distance beginning at a point 200 feet from the end of the noninstrument runway and extending to a point 10,200 feet from the end of the runway. c. Transition Zones. Height limits are as follows: one foot in height for each seven feet in horizontal distance beginning at a point 500 feet from the centerline of the instrument and non-instrument runways, measured at right angles to the centerline of the longest dimension of the runway, extending upward to a maximum height of 150 feet above the established airport elevation which is 1,097 feet above mean sea level. In addition to the foregoing, there are established height limits of one foot vertical height for each seven feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal and conical surfaces; further, where the instrument approach zone projects through and beyond the conical zone, a height limit of one foot for each seven feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward to the points where they intersect the horizontal and conical surfaces; further, where the instrument approach zone projects through and beyond the conical zone, a height limit of one foot for each seven feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of 5,000 feet from the edge of the instrument approach zone measured at right angles to the continuation of the aforesaid centerline of the runway. d. Horizontal Zone. Height limits are as follows: 150 feet above the airport elevation. e. Conical Zone. Height limits are as follows: one foot in height for each 20 feet of horizontal distance beginning at the periphery of the horizontal zone and extending for a distance of 4,000 feet.

21. ‡‹‰Š– š…‡’–‹‘�. Nothing in this Code shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to a height of not more than 45 feet above the surface of the land.

22. Zones. In order to carry out the purposes of this Item, there are created and established certain zones designated as the approach zones, transitional zones, horizontal zones, and conical zones. —…Š œ‘Â?‡• ƒ”‡ •Š‘™Â? ‘Â? –Š‡ ƒ‹”’‘”– Šƒœƒ”† œ‘Â?‹Â?‰ Â?ƒ’ ƒ†‘’–‡† „› –Š‡ ‹–› ‘—Â?…‹Žǥ ™Š‹…Š ‹• ‘Â? Ď?‹Ž‡ in the Department ƒÂ?† –Š‡ ‘ˆĎ?‹…‡ ‘ˆ –Š‡ ‹–› Ž‡”Â?ÇĄ ƒÂ?† ™Š‹…Š Â?ÂƒÂ’ÇĄ ĥ ƒÂ?‡Â?†‡† ˆ”‘Â? –‹Â?‡ –‘ –‹Â?‡ǥ is incorporated by reference and made part of this Code. An area located in more than one zone is considered to be only in the zone with the more restrictive height limitation. The various zones are Š‡”‡„› ‡•–ƒ„Ž‹•Š‡† ƒÂ?† †‡Ď?‹Â?‡† ĥ ÂˆÂ‘ÂŽÂŽÂ‘Â™Â•ÇŁ a. Instrument Approach Zone. An instrument approach zone is established at the end of the existing or proposed instrument runway for instrument landings and takeoffs. The instrument approach zones shall have a width of 1,000 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 16,000 feet at a distance of 50,200 feet beyond each end of the runway, the centerline of the approach zones being a continuation of the runway centerline. b. Non-instrument Approach Zone. A non-instrument approach zone is established at each end of all non-instrument runways on the Sioux Gateway Airport for non-instrument landings and takeoffs. The non-instrument approach zone shall have a width of 500 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 2,500 feet at a distance of 10,200 feet beyond each end of the runway, the centerline of the approach zones being a continuation of the runway centerline. c. Transition Zones. Transition zones are established adjacent to each instrument and non-instrument and approach zone as indicated on the airport hazard zoning map.

Transition zones symmetrically located on either side of runways have variable widths as shown in the airport hazard zoning map. Transition zones extend outward from a line 500 feet on either side of the centerline of the instrument and noninstrument runways for the length of such runway plus 200 feet on each end and are parallel to and level with such runway centerlines. The transition zones along with the runway slope upward and outward one foot vertically for each seven feet horizontally to the point where they intersect the surface of the horizontal zone; further, transitional zones are established adjacent to both instrument and noninstrument approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the airport hazard zoning map. Such –”ƒÂ?•‹–‹‘Â? œ‘Â?‡• Ď?Žƒ”‡ •›Â?Â?‡–”‹…ƒŽŽ› ™‹–Š ‡‹–Š‡” •‹†‡ ‘ˆ –Š‡ ”—Â?™ƒ› ƒ’’”‘ƒ…Š œ‘Â?‡• from the base of such zones and slope upward and outward at a rate of one foot vertically for each seven feet horizontally to points where they intersect the surface of the horizontal and conical zones. Additionally, transition zones are established adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zone, extending a distance of 500 feet measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the runway centerline. d. Horizontal Zone. A horizontal zone is established, being a plane 150 feet above the established airport elevation (1,097 feet above mean sea level), the perimeter of which is constructed by swinging arcs at a radius of 10,000 feet from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. e. Conical Zone. A conical zone is established, being a surface extending outward and upward from the periphery of the upper surface of the horizontal zone (1,247 feet) at a slope of twenty to one for a horizontal distance of 4,000 feet.

23. ƒ”‹ƒÂ?…‡•. Any person desiring to erect or increase the height of any structure, permit the growth of a tree, or otherwise use property in a manner inconsistent with this Item may apply to the Board of Adjustment (BOA) for a variance. Each application for a variance shall be accompanied by a determination from the Federal Aviation Administration (FAA) as to the effect of the proposed ˜ƒ”‹ƒÂ?…‡ ‘Â? –Š‡ ‘’‡”ƒ–‹‘Â? ‘ˆ ƒ‹” Â?ƒ˜‹‰ƒ–‹‘Â? ˆƒ…‹Ž‹–‹‡• ƒÂ?† –Š‡ Â•ÂƒÂˆÂ‡ÇĄ ‡ˆĎ?‹…‹‡Â?– —•‡ ‘ˆ Â?ƒ˜‹‰ƒ„Ž‡ ƒ‹”•’ƒ…‡Ǥ Additionally, no application for a variance to the requirements of this Item may be considered by the Board of Adjustment unless a copy of the application has been furnished to the Airport Director for advice as to the aeronautical effects of the variance. If the Airport Director does not respond to the application within 30 days after receipt, the Board of Adjustment may meet on its own to grant or deny the application. A variance shall be allowed only in compliance with state and federal law and ™Š‡”‡ –Š‡ ‘ƒ”† ‘ˆ †Œ—•–Â?‡Â?– Â?ƒÂ?‡• –Š‡ •ƒÂ?‡ Ď?‹Â?†‹Â?‰• ˆ‘” –Š‡ ‰”ƒÂ?–‹Â?‰ ‘ˆ ˜ƒ”‹ƒÂ?…‡•ǥ ĥ •‡– ‘—– in Subsection 25.06.090.24, Variance, ƒÂ?† ƒ Ď?‹Â?†‹Â?‰ –Šƒ– •—…Š ˜ƒ”‹ƒÂ?…‡ ™‹ŽŽ Â?‘– …”‡ƒ–‡ ƒ Šƒœƒ”† –‘ air navigation. Such variance request must include the review and recommendation of the Airport Zoning Commission. A variance may be allowed subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purposes of this Code; Chapter 329, Airport Zoning, of the Iowa Code; and 14 CFR § 77.

24. Conditions. In granting a permit or variance, the Administrator (permit) or Board of Adjustment (variance) may, if deemed advisable to effectuate the purposes of this Code and reasonable in the circumstances, condition a permit or variance as to require the owner of the structure or tree to permit the City, at its own expense, to install, operate, and maintain such markers and lights as may be necessary to indicate to aircraft operators the presence of an airport hazard.

25. Nonconforming Uses and Improvements. a. Generally. See Subchapter 25.06-C, Nonconformities. b. Regulations Not RetroactiveǤ ‹–Š –Š‡ ‡š…‡’–‹‘Â? ‘ˆ –Š‘•‡ —•‡• •’‡…‹Ď?‹…ƒŽŽ› ’”‘Š‹„‹–‡† ‹Â?

Item 18, Use Restrictions, above, the regulations set out in this Code shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree in existence as of the effective date of this Code, nor shall any change in construction, alteration, or intended use of any structure be required if the construction or alteration was begun prior to the effective date of this Code and is completed within one year. c. Marking and Lighting. Notwithstanding Item 2, immediately above, the owner of any nonconforming structure or tree is required to permit the installation, operation, and maintenance of such markers and lights as shall be deemed necessary by the Administrator, in consultation with the Airport Director, to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the Sioux Gateway Airport. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŽÍ˜ĎŹĎ˛ĎŹÍ˜ĎŽ Ä‚Ć?Ĺ?ŜŽ ĹśĆšÄžĆŒĆšÄ‚Ĺ?ŜžĞŜƚ Íž Íż Ĺ?Ć?ĆšĆŒĹ?Ä?Ćš 1. Purpose. The Casino Entertainment (CE) District is a special district by reason of its context, scale, and unique development characteristics. It is established for the purpose of creating standards and conditions for the development and operation of gambling structures, casinos, and other primary and accessory uses which may accompany them while protecting the public health, safety, and general welfare, and minimizing the secondary negative effects of such uses by ensuring they are compatible with existing and anticipated land uses.

2. ‘—Â?†ƒ”‹‡•Ǥ Š‡ „‘—Â?†ƒ”‹‡• ‘ˆ –Š‡ ‹•–”‹…– ƒ”‡ ”‡Ď?Ž‡…–‡† ‘Â? –Š‡ ‘Â?‹Â?‰ ƒ’Ǥ 3. Allowed, Limited, and Conditional Uses. The uses that are permitted within the CE District are those allowed, limited, and conditional uses set out in the table in Subchapter 25.02-C, Land Uses.

4. Prohibited Uses. Uses that are not allowed, limited, or conditional in the table in Subchapter 25.02-C, Land Uses, and those that are not a subcategory of or functionally similar to these uses are prohibited. Also prohibited are uses that are deemed by the Commission as being detrimental to Â?‡‹‰Š„‘”‹Â?‰ —•‡• „› ”‡ƒ•‘Â? ‘ˆ ‡š…‡••‹˜‡ Â?‘‹•‡ǥ –”ƒˆĎ?‹…ǥ Ž‹‰Š–‹Â?‰ǥ Â‰ÂŽÂƒÂ”Â‡ÇĄ ‘” ‘–Š‡” •—…Š •‡…‘Â?†ƒ”› Â?‡‰ƒtive effects.

5. Site Plan Required. A site plan that complies with the submittal requirements and review and approval procedures set out in Subsection 25.06.080.10, Site Plan, is required for all development within the CE District.

6. Pedestrian Access Plan. A plan shall be submitted as part of site plan review and approval that establishes direct pedestrian connections to the City’s sidewalk, trail, and skyway systems, as well as to all adjacent uses and parking areas.

7. —‹Ž†‹�‰ ƒ�† ‹–‡ ‡•‹‰�. See Section 25.03.180, Nonresidential and Mixed Use Development Design Standards.

8. Special StudiesǤ ‡Â?Â‡Â”ÂƒÂŽÂŽÂ›ÇĄ —•‡• ™‹–Š‹Â? –Š‹• †‹•–”‹…– Šƒ˜‡ Â?‘Â?Ž‹Â?‡ƒ” ‘” ™‹†‡Ž› ˜ƒ”›‹Â?‰ –”ƒˆĎ?‹… ƒÂ?† parking and loading demand characteristics. Therefore: a. The parking requirements listed in Subsection 25.05.030.2, Required Parking and Loading, are indicated as “special study.â€? Required parking for uses within this district shall be established according to the standards of Subsection 25.05.030.5, Parking Studies, Credits, and Reductions. Off-street parking and loading requirements shall be established by the City in conjunction with its review of the submitted parking study and plans, a review of the uses and parking requirements listed in Subchapter 25.05-A, Parking and Loading, and any other materials relative to the parking and loading requirements of casinos and their ancillary land uses that the City deems useful and necessary. „Ǥ ”ƒˆĎ?‹… Â?’ƒ…– ••‡••Â?‡Â?– Č‹ ČŒ Â?ƒ› „‡ ”‡“—‹”‡† „› –Š‡ †Â?‹Â?‹•–”ƒ–‘”Ǥ ’‡…‹Ď?‹… ‹Â?provements shall be proposed if the development causes the projected level of service –‘ „‡ Ž‡•• –ŠƒÂ? Ž‡˜‡Ž Dz dzǥ ĥ †‡Ď?‹Â?‡† „› –Š‡ Â?‘•– ”‡…‡Â?– ˜‡”•‹‘Â? ‘ˆ –Š‡ ‹‰Š™ƒ› ƒ’ƒ…‹–› ƒÂ?—ƒŽ „› –Š‡ ”ƒˆĎ?‹… ‡•‡ƒ”…Š ‘ƒ”† ‘ˆ –Š‡ ƒ–‹‘Â?ƒŽ ƒˆ‡–› ‡•‡ƒ”…Š Council. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŽÍ˜ĎŹĎ˛ĎŹÍ˜ĎŻ ,Ĺ?Ć?ĆšĹ˝ĆŒĹ?Ä? ĆŒÄžÄ‚ Íž, Íż Ĺ?Ć?ĆšĆŒĹ?Ä?Ćš 1. Purpose. The purpose of the Historic Area (HA) District is to promote the public health, safety, and welfare through: a. Promotion of the educational, cultural, economic, and general welfare of the public through the recognition, enhancement, and perpetuation of sites and districts of ÂŠÂ‹Â•Â–Â‘Â”Â‹Â…ÂƒÂŽÇĄ Â…Â—ÂŽÂ–Â—Â”ÂƒÂŽÇĄ ‘” ƒ”…Š‹–‡…–—”ƒŽ •‹‰Â?‹Ď?‹…ƒÂ?…‡Ǣ b. Safeguarding the City’s historic, aesthetic, and cultural heritage by preserving sites, dis–”‹…–•ǥ ƒÂ?† ŽƒÂ?†Â?ƒ”Â?• ‘ˆ Š‹•–‘”‹… ƒÂ?† …—Ž–—”ƒŽ •‹‰Â?‹Ď?‹…ƒÂ?…‡Ǣ c. Stabilizing and improving property values; d. Fostering pride in the legacy of beauty and achievements of the past; e. Protecting and enhancing the City’s attractions to tourists and visitors and the support and stimulus to local business; f. Strengthening the economy of the City; and ‰Ǥ ”‘Â?‘–‹Â?‰ –Š‡ —•‡ ‘ˆ •‹–‡•ǥ †‹•–”‹…–•ǥ ƒÂ?† ŽƒÂ?†Â?ƒ”Â?• ‘ˆ Š‹•–‘”‹… ƒÂ?† …—Ž–—”ƒŽ •‹‰Â?‹Ď?‹…ƒÂ?…‡ as places for the education, pleasure, and welfare of the people of the City.

2. Intent. The intention of this Item is to create a reasonable balance between private property rights and the public interest in preserving Sioux City’s unique historic character by ensuring that demolition of, moving, or alterations to properties of historic value shall be carefully considered for impact to the property’s contribution to Sioux City’s heritage.

3. Applicability. The provisions of this Item apply to alterations to, improvements to, or demolition of locally designated landmarks and historic districts.

4. Administration. This Article is administered by: a. The Administrator, acting as the ‹•–‘”‹… ”‡•‡”˜ƒ–‹‘Â? ˆĎ?‹…‡”, who has the powers set out in Subsection 25.06.030.7, Administrator; b. The Historic Preservation Commission, who has the powers set out in Subsection 25.06.030.5, Historic Preservation Commission; and c. The City Council, who has the powers set out in Subsection 25.06.030.1, City Council.

5. Procedures. The procedures for the implementation of this Item are set out as follows: a. Subsection 25.06.090.16, Â‡Â”Â–Â‹Ď”Â‹Â…ÂƒÂ–Â‡ ‘ˆ ’’”‘’”‹ƒ–‡Â?॥; b. Subsection 25.06.090.18, Designation of Historic Site or District; and

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c. Subsection 25.06.160.7, Special Provisions for Historic Preservation.

6. Sub-districts. Three sub-districts are created within the Historic Area (HA) District: a. Historic 4th Street Subdistrict. This subdistrict is for the purpose of providing for the redevelopment and adaptive reuse of historic buildings in a manner that maintains the historical and architectural character of the subdistrict. This subdistrict is only intended for areas designated as local or national historical districts by the City or the United States Secretary of the Interior pursuant to the National Historic Preservation Act, 16 USC Section 470, et seq. This subdistrict is not intended for other areas of the City. b. Historic Pearl SubdistrictǤ Š‹• •—„†‹•–”‹…– ‹• ˆ‘” –Š‡ ’—”’‘•‡ ‘ˆ ’”‘˜‹†‹Â?‰ ˆ‘” ‹Â?Ď?‹ŽŽǥ ”‡†‡velopment, and adaptive reuse of existing historic buildings in a manner that builds on the traditional urban character of Downtown Sioux City while embracing and supporting the events occurring at The Gateway Arena and the adjacent Hard Rock Hotel and Casino in the Casino Entertainment (CE) District. c. Historic Neighborhood or Center Subdistrict. This subdistrict is for the purpose of recogÂ?‹œ‹Â?‰ –Š‡ Š‹•–‘”‹…ǥ Â…Â—ÂŽÂ–Â—Â”ÂƒÂŽÇĄ ‘” ƒ”…Š‹–‡…–—”ƒŽ •‹‰Â?‹Ď?‹…ƒÂ?…‡ ‘ˆ ‹Â?†‹˜‹†—ƒŽ ‘” ’‘”–‹‘Â?• of neighborhoods or nonresidential or mixed use centers, and providing for their conservation.

7. Map Notations. The sub-districts set out in Item 6, Sub-districts, above, shall be designated on the ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ ƒ’ as follows: a. Historic 4th Street Subdistrict - HA - 4th Street (or HA-4); b. Historic Pearl Subdistrict - HA - Pearl (or HA-P); and c. Historic Neighborhood Subdistrict - HA - (Neighborhood Name), e.g. HA - Rose Hill or (HA-N).

8. Allowed, Limited, and Conditional Uses. The uses that are permitted within the HA District are those allowed, limited, and conditional uses set out in Subchapter 25.02-C, Land Uses.

9. Prohibited Uses. Uses that are not allowed, limited, or conditional in Subchapter 25.02-C, Land Uses, and those that are not a subcategory of or functionally similar to these uses are prohibited.

Also prohibited are uses that are deemed by the Historic Preservation Commission as being contrary or detrimental to the purposes set out in Item 1, Purpose, above.

10. Design Standards. See Subsection 25.03.190.4, Historic Area (HA) Design Standards.

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜Ď­Ď­ĎŹ /ĹśĆ?Ć&#x;ƚƾĆ&#x;ŽŜĂů͕ ZÄžÄ?ĆŒÄžÄ‚Ć&#x;ŽŜ͕ ĂŜĚ žƾĆ?ĞžĞŜƚ hĆ?ÄžĆ?

Set out in Table 25.02.110, Institutional, Recreation, and Amusement Uses, are the allowed, limited, conditional, and prohibited land uses in each zoning district. Refer to Section 25.03.040, Standards for Nonresidential and Mixed Use Development, for applicable district intensity and development standards.

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŽÍ˜ĎŹĎ˛ĎŹÍ˜Ď° WĆľÄ?ĹŻĹ?Ä? ĂŜĚ /ĹśĆ?Ć&#x;ƚƾĆ&#x;ŽŜĂů ÍžW/Íż Ĺ?Ć?ĆšĆŒĹ?Ä?Ćš 1. Purpose. The Public and Institutional (PI) District is to accommodate public, semi-public, and institutional uses that are unique in nature and scale and thus, most appropriate in their own district and subject to their own standards.

2. Application and Use. This district is used to delineate properties that are owned by the City (including parks and recreational areas and open spaces), Woodbury County, or the State of Iowa, as well as places of assembly, and utilities.

3. ‘—�†ƒ”‹‡•. The boundaries of the PI Districts are as set out on the Zoning Map. 4. Permitted Uses. The uses that are permitted by right (allowed), allowed subject to special standards (limited) or processes (conditional), or not allowed (prohibited) are set out in Subchapter 25.02-C, Land Uses.

5. Development Standards. Development, redevelopment, and substantial improvements shall be in accordance with the standards set out in Section 25.03.040, Standards for Nonresidential and Mixed Use Development, as well as Section 25.03.180, Nonresidential and Mixed Use Design Standards.

SUBCHAPTER 25.02-C LAND USES ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜ĎŹĎłĎŹ 'ÄžĹśÄžĆŒÄ‚ĹŻĹŻÇ‡ The tables set out in this Section describe which land uses are permitted (allowed), allowed subject to special standards (limited) or processes (conditional), and not allowed (prohibited) in each residential, mixed use, nonresidential, and overlay and special zoning district.

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and Telecommunication Uses, and the Administrator has made a determination that the use is either a subcategory of an allowed, limited, or conditional use, or a use that is functionally similar to an allowed, limited, or conditional use, the Administrator will authorize the proposed use, and apply all standards that would have applied to the similar use.

2. If Not Authorized Then Prohibited. If the Administrator determines that a proposed use is not a subcategory of, or functionally similar to, an allowed, limited, or conditional use, then the use is a prohibited use.

3. Decision Criteria. The following decision criteria shall be evaluated when the Administrator, or at the Administrator’s discretion, the Commission, decides whether a proposed use is a subcategory of, or is functionally comparable to, an allowed, limited, or conditional use: a. Parking demand; b. Average daily and peak hour trip generation (cars and trucks); c. Impervious surface; d. Regulated air or water emissions; e. Noise; f. Lighting; g. Dust; h. Odors; i. Solid waste generation; j. Potentially hazardous conditions, such as projectiles leaving the site; k. Use and storage of hazardous materials; l. Character of buildings and structures; m. Nature and impacts of operation; and n. Hours of operation.

4. Conditions for Use Interpretation. The following conditions shall govern the Administrator and the Board of Adjustment on appeals from the Administrator, in issuing a use interpretation: a. No use interpretation shall permit a use listed as an allowed, limited, or conditional use in any district to be established in any other district in which such use is not so listed; b. No use interpretation shall permit any use in any district unless evidence is presented which demonstrates that it will comply with each use limitation established for the particular district; c. No use interpretation shall permit any use in a particular district unless such use is substantially similar to other uses permitted in the district and is more similar to such other uses than to allowed, limits, or conditional uses in a more restrictive district; and d. If the proposed use is most similar to a use permitted only as a conditional use in the district in which it is proposed to be located, then any use interpretation permitting such use shall be conditioned on the issuance of a permit for a conditional use.

5. ˆˆ‡…– ‘ˆ ‡–‡”Â?‹Â?ƒ–‹‘Â?. a. If the Administrator approves an application for a decision pursuant to this Section, then the use is allowed subject to the same standards and procedures as the use to which it was compared for the purposes of the favorable decision. b. If the Administrator determines that a proposed use is not a subcategory of, or is not functionally comparable to, a use that is allowed in the use table for the district that applies to the parcel proposed for development, then the proposed use is a prohibited use in that district. …Ǥ ‘ †‡–‡”Â?‹Â?ƒ–‹‘Â? –Šƒ– Ď?‹Â?†• ƒ ’ƒ”–‹…—Žƒ” —•‡ –‘ „‡ ƒÂ? ÂƒÂŽÂŽÂ‘Â™Â‡Â†ÇĄ Ž‹Â?‹–‡†ǥ ‘” …‘Â?†‹–‹‘Â?ƒŽ —•‡ ‹Â? ƒ •’‡…‹Ď?‹‡† †‹•–”‹…– •ŠƒŽŽ ƒ—–Š‘”‹œ‡ –Š‡ ‡•–ƒ„Ž‹•ŠÂ?‡Â?– ‘ˆ •—…Š —•‡ Â?‘” –Š‡ †‡velopment, construction, reconstruction, alteration, or moving of any building or •–”—…–—”‡ „—– •ŠƒŽŽ Â?‡”‡Ž› ƒ—–Š‘”‹œ‡ –Š‡ ’”‡’ƒ”ƒ–‹‘Â?ÇĄ Ď?‹Ž‹Â?‰ǥ ƒÂ?† ’”‘…‡••‹Â?‰ ‘ˆ ƒ’’Ž‹cations for any permits and approvals which may be required by this Code or other ‘”†‹Â?ƒÂ?…‡• ‘ˆ –Š‡ ‹–›ǥ ‹Â?…Ž—†‹Â?‰ǥ „—– Â?‘– Ž‹Â?‹–‡† –‘ǥ ƒ „—‹Ž†‹Â?‰ ’‡”Â?‹–ǥ …‡”–‹Ď?‹…ƒ–‡ ‘ˆ occupancy, and subdivision approval. ^h , Wd Z ĎŽĎąÍ˜ĎŹĎŽÍ˛ KE /d/KE > E >/D/d h^ ^

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜ĎŹĎ´ĎŹ >ÄžĹ?ĞŜĚ 1. The tables in this Section list the applicable land uses in rows, organized by category. The zoning districts are arranged in columns. Where rows and columns intersect, a letter indicates if the use is allowed, limited, conditional, or prohibited in the district.

2. All the tables in this Section use the following symbols: a. “Aâ€? means that the land use is a Allowed Use, subject to the standards that apply to all allowed uses. The use is approved by the Administrator, or a designee, as set out in Subsection 25.06.080.3, ‘Â?‹Â?‰ ‘Â?’Ž‹ƒÂ?…‡ Â‡Â”Â–Â‹Ď”Â‹Â…ÂƒÂ–Â‡ Č‹ ‹Â?‹–‡† ƒÂ?† ŽŽ‘™‡† Â•Â‡Â•ČŒ. b. “Lâ€? means that the land use is a Limited Use, which is allowed and may be administratively approved by the Administrator, or an appointee, subject to: 1.

The standards for allowed uses that are set out in this Code; and ʹǤ Š‡ ƒ’’Ž‹…ƒ„Ž‡ Ž‹Â?‹–‡† —•‡ •–ƒÂ?†ƒ”†• ˆ‘” –Š‡ •’‡…‹Ď?‹‡† —•‡ǥ ĥ •‡– ‘—– ‹Â? Subchapter 25.02-D, Conditional and Limited Uses. c. “Câ€? means that the use is allowed as a Conditional Use, which may be approved following a public hearing by the Board of Adjustment, subject to: 1.

The standards for allowed uses that are set out in this Code; ʹǤ Š‡ ƒ’’Ž‹…ƒ„Ž‡ Ž‹Â?‹–‡† ‘” …‘Â?†‹–‹‘Â?ƒŽ —•‡ •–ƒÂ?†ƒ”†• ˆ‘” –Š‡ •’‡…‹Ď?‹‡† —•‡ǥ ĥ set out in Subchapter 25.02-D, Conditional and Limited Uses; and 3.

The procedures set out in Subsection 25.06.090.7, Conditional Use Permit. d. “Pâ€? means that the use is a Prohibited Use ‹Â? –Š‡ •’‡…‹Ď?‹‡† œ‘Â?‹Â?‰ †‹•–”‹…–Ǥ

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜Ď­ĎąĎŹ WĆľĆŒĆ‰Ĺ˝Ć?Äž ĂŜĚ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ 1. Purpose. The purpose of this Division is to promote compatibility among land uses in the City „› ‡•–ƒ„Ž‹•Š‹Â?‰ •’‡…‹Ď?‹… •–ƒÂ?†ƒ”†• ˆ‘” –Š‡ ‡•–ƒ„Ž‹•ŠÂ?‡Â?– ‘ˆ limited and conditional uses which are indicated in the use tables in Subchapter 25.02-C, Land Uses.

2. Application. Uses shown as limited “L� or conditional “C� can be approved only if they meet the standards of this Division and other applicable standards and requirements of this Code.

3. Timing of Compliance. The standards of this Division apply at the time a limited or conditional use is requested to be established in an existing or new structure, or when an existing limited or conditional use is proposed to be expanded by more than 10 percent of the existing square footage currently devoted to the use. This Section applies to an expansion of use whether it is to or within an existing building, in an outdoor area devoted to the use, or a combination of thereof.

4. Standards for All Limited Uses. An application for limited use approval may be approved if, in ƒ††‹–‹‘Â? –‘ –Š‡ •’‡…‹Ď?‹… •–ƒÂ?†ƒ”†• ‘ˆ –Š‹• ‹˜‹•‹‘Â? –Šƒ– ƒ’’Ž› –‘ –Š‡ —•‡ǥ ‹– ‹• †‡Â?‘Â?•–”ƒ–‡† Â–ÂŠÂƒÂ–ÇŁ ƒǤ Š‡ ’”‘’‘•‡† Ž‹Â?‹–‡† —•‡ ‹Â? ‹–• ’”‘’‘•‡† Ž‘…ƒ–‹‘Â? ™‹ŽŽ Â?‘– …‘Â?Ď?Ž‹…– ™‹–Š –Š‡ ‹Â?’Ž‡Â?‡Â?–ƒtion of current adopted plans of the City; and b. The limited use is compatible with surrounding land uses and natural environment, and will not materially detract from the character of the immediate area or negatively affect the anticipated development or redevelopment trajectory (for example, by creating a critical mass of similar limited uses that is likely to discourage permitted uses by making the vicinity less desirable for them).

5. Standards for All Conditional Uses. An application for conditional use approval may be ap’”‘˜‡† „› –Š‡ ‘ƒ”† ‘ˆ †Œ—•–Â?‡Â?– Â‹ÂˆÇĄ ‹Â? ƒ††‹–‹‘Â? –‘ –Š‡ •’‡…‹Ď?‹… •–ƒÂ?†ƒ”†• ‘ˆ –Š‹• ‹˜‹•‹‘Â? –Šƒ– ƒ’’Ž› to the use, it is demonstrated that: a. The standards of Item 4., above, are met. b. There is no practicable alternative location where the use is permitted as-of-right in the general vicinity of the parcel proposed for development, or, if such location exists, the proposed location is comparable or more favorable in terms of: 1.

Providing a needed community service; ʹǤ ƒÂ?‹Â?‰ Â?‘”‡ ‡ˆĎ?‹…‹‡Â?– —•‡ ‘ˆ ’—„Ž‹… ‹Â?ÂˆÂ”ÂƒÂ•Â–Â”Â—Â…Â–Â—Â”Â‡ÇĄ •—…Š ĥ Â‘ÂˆÂˆÇŚÂ’Â‡ÂƒÂ? •–”‡‡– capacity; and 3.

Providing a balance of land uses, ensuring that appropriate supporting activities, such as employment, housing, leisure-time, and retail centers are in close proximity to one another.

6. ††‹–‹‘Â?ƒŽ –ƒÂ?†ƒ”†• ˆ‘” ’‡…‹Ď?‹‡† ‘Â?†‹–‹‘Â?ƒŽ •‡•. Where the district regulations authorizing a conditional use in a particular district impose additional standards to be met by such use, a conditional use permit for such use and in such district shall be granted only if evidence is presented to establish compliance with such additional standards.

7. Conditions on Conditional Uses. The Board of Adjustment may impose such conditions upon –Š‡ ’”‡Â?‹•‡• ™Š‹…Š „‡Â?‡Ď?‹–• „› ƒ …‘Â?†‹–‹‘Â?ƒŽ —•‡ ’‡”Â?‹– ĥ Â?ƒ› „‡ Â?‡…‡••ƒ”› –‘ ’”‡˜‡Â?– ‘” Â?‹Â?‹mize adverse effects upon other property in the neighborhood; provided, however, that such conditions shall not be used as a device to grant a permit for a conditional use which is intended to be temporary in nature. Such conditions shall be expressly set out in the resolution authorizing the conditional use and in the permit. Violation of such conditions shall be a violation of this Code.

8. Limitations on Permits for Conditional Uses. a. Period of Validity. No conditional use permit shall be valid for a period longer than nine months from the date of issuance unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to …‘Â?’Ž‡–‹‘Â?ÇĄ ‘” ƒÂ? …‡”–‹Ď?‹…ƒ–‡ ‘ˆ ‘……—’ƒÂ?…› ‹• ‘„–ƒ‹Â?‡† ƒÂ?† ƒ —•‡ …‘Â?Â?‡Â?…‡† ™‹–Š‹Â? that period. b. Applicable Use and Expiration. A permit for a conditional use shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six consecutive months or more.

9. Other Applicable Standards. The standards of this Section are applied in addition to the other ƒ’’Ž‹…ƒ„Ž‡ •–ƒÂ?†ƒ”†• ‘ˆ –Š‹• ‘†‡ǥ •’‡…‹Ď?‹…ƒŽŽ› ‹Â?…Ž—†‹Â?‰ǣ a. Subchapter 25.03-A, Development Yield and Lot Standards; b. Subchapter 25.03-B, Accessory and Supplemental Standards; c. Subchapter 25.03-C, Design Standards; d. Subchapter 25.05-A, Parking and Loading; e. Subchapter 25.05-B, Landscaping and Buffering; and f. Subchapter 25.05-C, Signs.

10. Procedures. For limited uses, the procedures set out in Section 25.06.080.3, Zoning Compliance Â‡Â”Â–Â‹Ď”Â‹Â…ÂƒÂ–Â‡, apply. For conditional uses, the procedures set out in Section 25.06.090.7, Conditional Use Permit apply.

11. Uses Not Listed. ˆ –Š‡”‡ ƒ”‡ Ž‹Â?‹–‡† ƒÂ?† …‘Â?†‹–‹‘Â?ƒŽ —•‡• •’‡…‹Ď?‹‡† ‹Â? Subchapter 25.02-C, Land Uses, that are not included in this Section, all applicable standards of this Code and all conditions of approval that may be determined by the Commission and City Council shall apply.

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜ĎŹĎľĎŹ EÄžĹ?Ĺ?ĹšÄ?Ĺ˝ĆŒĹšĹ˝Ĺ˝Äš dLJƉĞĆ?

1. Generally. Set out in Table 25.02.090, Neighborhood Types, is a matrix showing the permissible neighborhood types in each of the residential and mixed-use districts.

2. Applicability. The standards of this table apply to new subdivisions (or condominiums) which meet the threshold for the application of Subchapter 25.03-A, Development Yield and Lot Standards.

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜Ď­Ď˛ĎŹ ZÄžĆ?Ĺ?ĚĞŜĆ&#x;Ä‚ĹŻ ĂŜĚ Ĺ˝ĹľĹľÄžĆŒÄ?Ĺ?Ä‚ĹŻ hĆ?ÄžĆ? ŽĨ ƚŚĞ ,ŽžĞ ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜Ď­ĎŻĎŹ Ĺ?ĆŒĹ?Ä?ĆľĹŻĆšĆľĆŒÄ‚ĹŻÍ• /ŜĚƾĆ?ĆšĆŒĹ?Ä‚ĹŻÍ• hĆ&#x;ĹŻĹ?ƚLJ͕ ĂŜĚ ŽžžƾŜĹ?Ä?Ä‚Ć&#x;ŽŜ hĆ?Äž ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

Set out in Table 25.02.130, Agricultural, Industrial, Utility, and Communication Uses, are the allowed, limited, conditional, and prohibited land uses in each zoning district. Refer to Section 25.03.040, Standards for Nonresidential and Mixed Use Development, for applicable district intensity and development standards.

Sec. 25.02.140 Uses That Are Not Listed 1. Authorization of Proposed UseǤ ˆ ƒ ’”‘’‘•‡† —•‡ ‹• Â?‘– •’‡…‹Ď?‹‡† ‹Â? ‡…–‹‘Â? 25.02.100, Residential and Commercial Uses of the Home; Section 25.02.110, Institutional, Recreation, and Amusement Uses; Section 25.02.120, Commercial Uses; or Section 25.02.130, Agricultural, Industrial, Utility,

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Single-Family Detached 1. Lot Line Homes are allowed if it is demonstrated that: a. They are constructed only in the districts and neighborhood types that allow them, as set out in Section 25.02.090, Neighborhood Types. b. The side yard setback opposite of the zero lot line shall comply with the dimension set out in Table 25.03.030.3A, Single-Family Detached Lot and Building Standards. c. The side yard setback adjacent to a standard residential lot shall be equal to that of the standard lot. d. An easement for maintenance of the lot line facade ‹• Ď?‹Ž‡† ™‹–Š ‘‘†„—”› ‘—Â?–› ƒÂ?† the City Clerk at the time of application for a building permit. e. Lot line homes shall not be designed with windows that provide views into the side yards of abutting property. However, windows may be permitted in windowless walls only if it is demonstrated that: 1.

The construction of the wall meets the standards of the Fire Code; 2.

Windows are frosted or composed of glass block, do not open, are materially offset from windows of any type on adjoining property, and satisfy all ƒ’’Ž‹…ƒ„Ž‡ „—‹Ž†‹Â?‰ ƒÂ?† Ď?‹”‡ …‘†‡ …‘†‡ ”‡“—‹”‡Â?‡Â?–•Ǣ ‘” 3.

The adjoining land is a public right-of-way or easement or is commonly owned or public open space.

2. Manufactured Homes are allowed if it is demonstrated that they: a. Comply with all provisions of Title 22, Mobile Homes and Mobile Home Parks, of the Municipal Code; b. Are located within a manufactured home park; c. Comply with the standards set out in Table 25.03.030.3, Lot and Building Standards. d. Are under-skirted around the perimeter of the entire home with a non-weight bearing foundation constructed of brick, masonry, vinyl, or similar materials that are compatible with the structural design of the manufactured home and manufactured for permanent outdoor installation; e. Have all moving or towing apparatus removed or concealed, including the hitch, wheels, and axles. f. Consist of any of the following siding materials: a.

Residential horizontal aluminum or vinyl lap siding; b.

Cedar or other wood siding; c.

Wood grain, weather resistant, press board siding; d.

Stucco siding; or e.

Brick or stone siding. ‰Ǥ ‘Â?•‹•– ‘ˆ ƒÂ?› ‘ˆ –Š‡ ˆ‘ŽŽ‘™‹Â?‰ ”‘‘Ď?‹Â?‰ Â?ÂƒÂ–Â‡Â”Â‹ÂƒÂŽÂ•ÇŁ a.

Fiberglass shingles; b.

Shake shingles; c.

Asphalt shingles; or d.

Tile.

3. Manufactured and Modular Homes are allowed as a site-built dwelling if it is demonstrated that they are: a. In compliance with the Iowa State Building Code for modular, factory built structures and display the seal issued by the state Building Code Commissioner; b. Constructed to meet the build code standards of the City, as amended from time to time; c. Comply with the standards set out in Table 25.03.030.3, Lot and Building Standards; d. Constructed to comply with the standards set out in: 1.

Section 25.03.140, Single-Family, Duplex, and Twin Homes Design Standards; and 2.

Section 25.03.190.7, Urban Renewal Neighborhood Design Standards.

Single-Family Attached 4. —’Ž‡š and Twin Home (Condominium ) Units are allowed if it is demonstrated that: a. Units that take vehicular access from the street may provide a separate driveway for each unit that shall be no more than 20 feet wide or provide a shared driveway for both units no greater than 27 feet wide; b. Duplex homes are established on either a single or two individual lots of record provided that those on single lots of record are designed to allow future subdivision into individual lots of record that comply with the standards set out in Table 25.03.030.3A, Single-Family Detached Lot and Building Standards; c. Twin home are established on two individual lots of record. d. Exterior building materials are of similar type, quality, and durability as other housing types in the same and abutting developments; e. Primary entrance(s) into the building shall be oriented to face the street, which may be a shared entrance with access to each unit; f. They comply with the standards set out in: 1.

Section 25.03.030, Residential Use Accessory and Supplemental Standards; 2.

Section 25.03.140, Single-Family, Duplex, and Twin Homes Design Standards; 3.

Section 25.05.030, Parking and Loading Calculations; 4.

Section 25.05.120, Development Landscaping; and 5.

Subsection 25.06.080.10, Site Plan. g. In a TND, vehicular access to the units is provided via an alley or rear parking court.

5. Townhomes are allowed if it is demonstrated that: a. Within mixed housing neighborhoods and traditional neighborhood developments, as set out in Table 25.02.090, Neighborhood Types, townhomes are separated from single-family detached dwellings by a Type A bufferyard or public street right-ofway; b. They comply with the standards set out in Section 25.03.160, Multi-Family Housing Design Standards. c. They comply with the standards set out in Table 25.03.030.3A, Single-Family Attached Lot and Building Standards; d. All units are established on individual lots of record; e. Not more than eight or fewer than three townhomes are joined together with the same or staggered front yard setbacks;

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f. A development that is proposed with staggered front setback lines shall meet the minimum required front yard setback for the district; g. Staggered front yard setbacks of adjoining buildings do not vary in their setbacks by more than 20 feet; and h. Primary entrance(s) into the building are oriented to face the street, provided that they may have a shared entrance with access provided for no more than three individual units; i. Exterior building materials are of similar type, quality, and durability as other housing types in the same and abutting developments; j. There is a minimum distance of not less than 20 feet between unattached townhome units; and k. In the DC, HA-4, HA-P Districts, or in a TND: 1.

Vehicular access to the units is provided via an alley or rear parking court; and 2.

The use provides a courtyard that is visible from the street or a plaza that is accessible from the sidewalk.

Multiple-Family 6. Apartments are allowed if it is demonstrated that: a. Within mixed housing neighborhoods and traditional neighborhood developments, as set out in Table 25.02.090, Neighborhood Types, apartments are separated from single-family detached and attached dwellings by a Type B bufferyard or public street right-of-way; b. They comply with the standards set out in Section 25.03.160, Multi-Family Housing Design Standards. c. They are not located closer than 300 feet to an NC.1, NC.2, or NC.3 subdistrict boundary, unless separated from such subdistrict by a Type B bufferyard or public street rightof-way; Ǥ ϐ Ǣ e. Parking areas for three or more vehicles that abut street rights-of-way are screened with a Type B bufferyard; f. In the SR District, there are no more than 12 units in any single development; g. In the DC, HA-4, HA-P Districts, or in a TND: 1.

Vehicular access to the units is provided via an alley or rear parking court; and 2.

The use provides a courtyard that is visible from the street or a plaza that is accessible from the sidewalk.

7. that existed as of the effective date of this Code shall be: a. Registered with the State of Iowa and shall have submitted occupancy reports to the Department of Inspections and Appeals, in accordance with Chapter 135O, Boarding Homes, Iowa Code; Ǥ ϐ ǡ from time to time; c. Subject to the City’s rental registration and inspection program; d. Responsible for making application for a conditional use permit, which requires that the boarding home: 1.

Has not more than six occupants; 2.

Has sleeping rooms that have no less than 50 square feet per person for ͹Ͳ ϐ single occupancy; 3.

Has on-site staff supervision if there are three or more occupants; 4.

Is reconsidered every two years for re-issuance of the conditional use permit.

8. are allowed if it is demonstrated that: a. Within mixed housing neighborhoods and traditional neighborhood developments, as set out in Table 25.02.090, Neighborhood Types, multiplexes are separated from single-family detached dwellings by a Type A bufferyard or public street right-ofway; b. They are constructed with not more than four units; c. They comply with the standards set out in Table 25.03.030.3A, Single-Family Attached Lot and Building Standards; d. Parking areas for three or more vehicles that abut street rights-of-way are screened with a Type B bufferyard; e. Exterior building materials are of similar type, quality, and durability as other housing types in the same and abutting developments; f. In the SC District: a.

The use occurs as a conversion within the square footage of an existing unit; or b.

Any expansion that increases the square footage of the existing building meets the following standards: A. The square footage of the expanded multiplex is no greater than 120 percent of the largest residence within 300 feet in any direction; B. Exterior building materials are of similar type, quality, and durability as the existing building materials; C. The structure retains the appearance of a single family dwelling; g. Only one entrance is directly visible from any public right-of-way; h. Individual unit and garage entries must be on at least three facades, or designed in a manner so as to appear as a single-family dwelling; and i. In the DC, HA-4, HA-P Districts, or in a TND, vehicular access to the units is provided via an alley or a rear parking court.

9. Dormitories, Fraternities, or Sororities are allowed if it is demonstrated that: a. They consist of or house students of a college or university and are recognized and regulated by such college or university; b. They are on or within one-half mile of the campus of a college, university, vocational school, private school, or hospital; c. They comply with the standards set out in Table 25.03.030.3A, Single-Family Attached Lot and Building Standards; d. They are separated from single-family detached dwellings by a Type B bufferyard or public street right-of-way; and e. Vehicular access is produced by a collector or arterial street.

Mixed Use 10. Live-Work Units are allowed if it is demonstrated that: a. Within mixed housing neighborhoods and traditional neighborhood developments, as set out in Table 25.02.090, Neighborhood Types, live-work units are separated from single-family detached dwellings by a Type A bufferyard or public street right-ofway; b. The units are designed with an external appearance as a residence rather than a commercial business; c. Signage is restricted to a single placard with a maximum size of two square feet that ϐ ϐ Ǣ d. The area devoted to work does not exceed 50 percent of the total habitable area of the unit; e. Employees are restricted to residents of the dwelling; f. They are in the following locations: 1.

On lots that have frontage on arterial or collector streets (including in multi-family buildings which are oriented toward arterials or collector streets); or 2.

Within 300 feet of the designated “core” center of a traditional neighborhood development (TND). g. In the DC and HA-4 Districts, or in a TND: 1.

The residential portion of the live-work unit must be located above the ϐ ǡ ǡ Ȁ residential portion of the unit; and 2.

Vehicular access to the units is provided via an alley or a rear parking court.

11. Work-Live Units are allowed if it is demonstrated that: a. Within mixed housing neighborhoods and traditional neighborhood developments, as set out in Table 25.02.090, Neighborhood Types, work-live units are separated from single-family detached dwellings by a Type B bufferyard or public street right-ofway; b. They are in the following locations: 1.

On lots that have frontage on arterial or collector streets (including in multi-family buildings which are oriented toward arterials or collector streets); or 2.

Within 300 feet of the neighborhood center of a traditional neighborhood development. c. They are constructed with not more than four units; and d. In the DC, HA-4, HA-P and HA-N Districts, or in a TND: 1.

The residential portion of the work-live unit must be located above the ϐ ǡ ǡ Ȁ residential portion of the unit; and 2.

Vehicular access to the units is provided via an alley, parking structure, or rear parking court. e. Signage complies with that in the district for which the work-live unit is proposed.

Commercial Use of the Home 12. are allowed if it is demonstrated that: Ǥ ϐ ͹ͷͲ unit; b. The lot complies with the standards set out in Table 25.03.030.3, Lot and Building Standards, within the district in which it is proposed to be located; c. Meals are provided to residents and overnight guests only (e.g. no outside catering); d. Private events are allowed only by the issuance of a conditional use permit; e. There is no more than one non-resident employee; Ǥ ϐ ǡ ϐ cupancy as a bed and breakfast home; g. Lodging will occur only in the primary residence that existed on the effective date of this Code; h. The principal use of the home is as a single-family residence, with an accessory use for temporary or overnight lodging; Ǥ ϐ erwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence; j. All off-street parking complies with the provisions set out in Subchapter 25.05-A, Parking and Loading, and shall be fully screened from the view of the public and adjacent properties with a Type A bufferyard; and k. Signage is limited to a single, non-illuminated placard or nameplate with a maximum ϐ ϐ Ǥ 13. are allowed if it is demonstrated that: Ǥ ϐ ͷͲͲ unit; b. The lot complies with the standards set out in Table 25.03.030.3, Lot and Building Standards, or Subsection 25.03.040.1, Development Standards, within the district in which it is proposed to be located; c. Meals are provided to residents and overnight guests only; d. Non-guest meals and private events are allowed only by the issuance of a conditional use permit; e. There are no more than three non-resident employees provided ample employee parking is provided on-site; f. Lodging will occur in the primary residence and may occur in a guesthouse or accessory dwelling by the issuance of a conditional use permit; g. The principal use of the inn is for temporary or overnight lodging with an accessory use for catering or other events, as established by a conditional use permit; h. The preparation of food for catering events on or off the premises is allowed by a conditional use permit, provided ample parking is provided on-site or other arrangements are made to meet the parking needs of the event; Ǥ ϐ erwise unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence; j. All off-street parking complies with the provisions set out in Subchapter 25.05-A, Parking and Loading, and shall be fully screened from the view of the public and adjacent properties with a Type B bufferyard; and k. Signage complies with the standards set out in Subchapter 25.05-C, Signs.

14. are allowed if it is demonstrated that, in accordance with Chapter 231B, Elder Group Homes, Iowa Code: Ǥ ϐ

complies with all other provisions of state law, it is operated by: 1.

A hospital licensed pursuant to Chapter 135B; 2.

A health care facility licensed pursuant to Chapter 135C; ͵Ǥ ϐ Chapter 231C; or ͶǤ ϐ Chapter 231D. b. A written occupancy agreement is executed between the elder group home and each tenant or the tenant’s legal representative prior to occupancy; c. The elder care home is staffed by an on-site manager 24 hours per day, seven days per week; Ǥ ϐ

Appeals; Ǥ ϐ ϐ Ǣ f. The home is located only in the districts allowed by this Code, which shall be located in an area zoned for single-family or multiple-family housing; Ǥ ϐ ϐ Ǣ h. The person providing the service is a full-time occupant of the dwelling unit for which elder care is provided; and i. The elder group home complies with the Uniform Residential Landlord and Tenant Act. 15. Child Development Homes are allowed if it is demonstrated that: a. The use is limited to a single-family detached or a duplex or twin home dwelling that meets all standards of this Code; b. The home is not located along an arterial street; c. There is at least 100 square feet of exterior open space per child, which is entirely enclosed by a building, fence, or wall with a height of at least four feet; d. Signage is restricted to a single placard with a maximum size of two square feet that

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ϐ ϐ Ǣ e. Employees are restricted to residents of the dwelling; f. Adequate precautions are taken on behalf of the operator so as not to create an undue ϐ ǡ ǡ Ǣ g. There is adequate space on-site for temporary parking and drop-off and pick-up during peak times.

16. Child Development Homes are allowed if it is demonstrated that the operator for the use ϐ ǡ ǡ ǡ Ȁ ment of Human Services in accordance with Chapter 237A.3A, Iowa Code.

17. are allowed if it is demonstrated that: a. The use does not include: 1.

Animal hospitals; 2.

General retail sales; 3.

Repair shops or service establishments including major electrical appliance repair, motorized vehicle repair, and related uses; 4.

Stables or kennels; and 5.

Welding, vehicle body repair, or rebuilding or dismantling of vehicles. b. The home business is only operated in the principal dwelling; Ǥ ͷͲ ǯ ϐ ǡ ϐ sory dwelling unit; d. There is no stock-in-trade displayed or sold upon the premises, except in live-work or work-live units, where allowed; e. No alterations are made to the dwelling that changes its residential character or appearance; f. Mechanical or electrical equipment supporting the home business is limited to that which is self-contained within the structure and normally used for domestic or household purposes; g. There is no outdoor display or storage of goods, materials, merchandise, or equipment related to the home business that is visible from the exterior of the dwelling unit; h. The business does not require the delivery or shipment of materials, merchandise, goods, or equipment by other than passenger motor vehicles, one ton step-up vans, or similar-sized trucks that are less than seven tons gross vehicle weight; i. There is no parking or storage of Class 4 and above (gross vehicle weight rating greater than 14,000 pounds) commercial trucks to conduct the home business, unless allowed by a nonresidential zoning district; Ǥ ϐ Ǧ ǡ the provisions set out in Subchapter 25.05-A, Parking and Loading; k. The business will not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties; l. The business will not be more dangerous to life, personal safety, or property than any other activity ordinarily carried on with respect to a dwelling unit used solely for residential purposes; m. Signage is limited to a single, non-illuminated placard or nameplate with a maximum ϐ ϐ Ǣ and n. The business will be operated in accordance with all applicable laws and, if a state permit is required, such permit shall be obtained prior to beginning operation.

18. Home occupations are allowed , if it is demonstrated that: a. Prohibited home occupation uses include: 1. ϐ or clinic; 2.

Automobile repair and service establishments; and 3.

Retail shopping establishments. Ǥ ʹͷ ϐ principal building ͶͲͲ ǡ ϐ or detached garage or an accessory dwelling unit; c. The occupation is only operated in the principal dwelling; d. Employees are restricted to residents of the dwelling ; e. No alterations are made to the dwelling that changes its residential character or appearance; f. Mechanical or electrical equipment supporting the home occupation is limited to that which is self-contained within the structure and normally used for domestic or household purposes; g. There is no outdoor display or storage of goods, materials, merchandise, or equipment related to the home occupation in excess of 30 cubic feet that is visible from the exterior of the dwelling unit; h. The occupation does not require the delivery or shipment of materials, merchandise, goods, or equipment by other than passenger motor vehicles, one ton step-up vans, or similar-sized trucks that are less than seven tons gross vehicle weight; i. There is no parking or storage of Class 4 and above (gross vehicle weight rating greater than 14,000 pounds) commercial trucks to conduct the home occupation, unless allowed by a nonresidential zoning district; Ǥ ϐ Ǧ ǡ with the provisions set out in Subchapter 25.05-A, Parking and Loading; k. Not more than one vehicle used in connection with a home occupation shall be visible from the public right-of-way, and shall not be intended as an advertising display.

Any additional vehicles used in connection with a home occupation shall be stored in an enclosed garage during periods of non-use. Vehicles with a vehicle-mounted sign shall not be parked visibly from the public right-of-way for longer than 72 hours; l. The occupation will not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties; m. There shall be no off-premises signs or radio, television, newspaper, handbill, or similar types of advertising linking the premises with the home occupation; n. The occupation will not be more dangerous to life, personal safety, or property than any other activity ordinarily carried on with respect to a dwelling unit used solely for residential purposes; o. Signage is limited to a single, non-illuminated placard or nameplate with a maximum ϐ ϐ Ǣ and p. The occupation will be operated in accordance with all applicable laws and, if a state permit is required, such permit shall be obtained prior to beginning operation. ^ĞĐ͘ Ϯϱ͘ϬϮ͘ϭϳϬ /ŶƐƟƚƵƟŽŶĂů͕ ZĞĐƌĞĂƟŽŶ͕ ĂŶĚ ŵƵƐĞŵĞŶƚ hƐĞ ^ƚĂŶĚĂƌĚƐ Institutional Uses 1. Child Care Centers are allowed if it is demonstrated that the operator for the use meets all ϐ ǡ ǡ ǡ Ȁ man Services in accordance with Chapter 237A, Iowa Code, and if it is demonstrated in residential districts that: a. The structure is residential in scale and of a similar architectural character as residences in the neighborhood; b. Adequate off-street drop-off and pick-up space is provided on-site; and c. All outdoor areas of concentrated play activity is fenced and screened to minimum auditory and visual impacts on abutting or adjacent residential districts or uses.

2. Community Center or Charitable Institutions are allowed if it is demonstrated that: a. Access to parking areas for more than 50 vehicles and to service areas is from a collector or arterial street or service road; and b. A Type C bufferyard is provided when abutting or adjacent to a residential use or district.

3. Crematories are allowed if they are associated with a mortuary or animal shelter, where allowed.

4. Funeral Homes, Chapels, and Mortuaries are allowed if it is demonstrated that: a. In the GR, UR, and SC Districts: 1.

There is no cremation on-site.

2.

The building is an adaptive reuse of a nonresidential building, or part thereof, or if built new, is designed to be residential in character; 3.

The use takes access to a collector or arterial street; 4.

The uses comply with all applicable lot, setback, and height setbacks for the district within which it is proposed; and 5.

The minimum landscape surface ratio shall be no less than 20 percent of the lot. Ǥ ǡ ǡ ϐ stalled to reduce airborne mercury and particulate matter.

5. Institutional Residential Facilities are allowed if it is demonstrated that: a. In all districts: 1.

No institutional residential facility shall be established without, and every permit for an institutional residential facility shall be conditioned upon, ǡ ϐ charged with the regulation or supervision of any facet of the activity of the proposed facility. Every application for a limited or conditional use permit for an institutional residential facility shall set forth each agency which must approve the establishment or operation of the facility, shall be accompanied by a copy of an application or other request to each such agency for such approval, shall set forth the status of each such application, and shall state any facts known to the applicant which might result in the denial or delay of any required approval which has not been obtained as of the time ϐ Ǥ 2.

If the capacity of the use is more than 15 residents, primary access to the site is from a collector or arterial street; 3.

The use is not located closer than 100 feet to the boundaries of the NC.1, NC.2, NC.3, SR, or GR Districts; 4.

The use is separated from single-family detached dwellings by a Type B bufferyard; ͷǤ ϐ Ǥ ϐ ǡ ϐ ϐ propriate hours of the day, to meet all standards of any agency responsible for the licensing or regulation of the institutional residential facility and such additional services as may be required by the Board of Adjustment. ϐ standards for supervision. The name and telephone number of at least one person having responsibility for the operation of the facility shall be listed in the Sioux City telephone directory under the name of the facility.

6.

Parking for institutional residential facilities shall be provided in accordance with the standards and requirements of this Code; 7.

Institutional residential facilities shall provide usable exterior open space, which may include any required yard area; 8.

Every institutional residential facility shall be provided with, or have ready access to, facilities and services necessary and appropriate to the needs of its residents for active and passive recreation, medical care, educational, cultural and religious activities, consumer goods and services, and public transportation; 9.

No conditional use permit for an institutional residential facility shall be granted unless the applicant shall establish to the satisfaction of the Board of Adjustment that there exists a reasonably certain source of continuous ϐ facility in accordance with the representations of the application and the various standards applicable to such facility by reason of this title and other laws and regulations; and 10.

In deciding the issue of granting a conditional use permit for an institutional residential facility, the Board of Adjustment shall consider whether the proposed location will materially add to the concentration of such facilities in the vicinity. The Board of Adjustment shall consider that the widest fea ϐ for the existence of the facilities. b. In the SC District, the building is an adaptive reuse of a residential dwelling, or part thereof, or if built new, is designed to be residential in character. c. In residential districts: 1.

The facility provides care for not more than eight permanent residents plus one additional occupant on an emergency basis; and 2.

The resident supervisory family does not exceed three persons.

6. Places of Assembly are allowed if it is demonstrated that: a. In any Neighborhood Conservation (NC) Subdistrict: 1.

Off-street parking is not allowed on non-contiguous lots; 2.

Signs shall comply with the provisions of Subchapter 25.05-C, Signs; 3.

Expansion to abutting lots or parcels meets the following criteria and standards: A. It will allow the use to take access from a collector or arterial roadway; B. It will involve the installation of a Type B bufferyard between the use and abutting residential uses, unless equivalent buffering is already provided; and C. The expansion will not involve the location of buildings or parking within 50 feet of residential property. b. In the SR, GR, UR, and SC Districts, the use must be located in a permanent structure. Ǥ ϐ unreasonably interfere with the peace and enjoyment of surrounding homes as places of residence; d. In the districts for which it is an approved use, as set out in Table 25.02.110, Institutional, Recreation, and Amusement Uses, it has a minimum site area that is the greater of: 1.

Four times the minimum lot size of the respective district; or 2.

The following minimum site areas: A. School: Five acres B. Other places of assembly: Two acres e. In the RR, SR, and GR Districts, the use complies with the standards set out in Table 25.02.170, Standards for Places of Assembly.

Education Uses, Public or Private 7. ǡ ǡ are allowed if it is demonstrated that: a. Circulation and parking plans are submitted to and approved by the City, which demonstrate that: ͳǤ ϐ Ǧ Ǧ rights-of-way to function at an acceptable level of service that is no greater ϐ lishment of the use; 2.

Access to parking areas for more than 50 vehicles and to service areas is from a collector or arterial street or service road; 3.

On-campus circulation includes improvements that provide for the mobility and safety of pedestrians and bicyclists; and 4.

Parking will be accommodated on campus or in parking lots adjacent to ϐ streets for the purpose of public safety, as well as to preserve the character and value of the surrounding neighborhoods. b. In the DC, HA-4, and HA-P Districts, the use does not involve hands-on instruction in a trade that is not allowed in the zone in which the use is located. For example, auto repair instruction with hands-on training or demonstration on actual automobiles is not allowed because it relates to a prohibited use in these districts (automobile repairs and service); but cooking instruction is allowed because it relates to a permitted use (restaurant, no drive-in or drive-through). c. A Type C bufferyard between the use and abutting residential uses will be planted, unless equivalent buffering is already provided.

8. Pre-Schools are allowed if it is demonstrated that in the RR, SR, GR, UR, and SC Districts: a. The home is not located along an arterial street; b. There is at least 100 square feet of exterior open space per child, which is entirely enclosed by a building, fence, or wall with a height of at least four feet. c. Signage is restricted to a single placard with a maximum size of two square feet that ϐ ϐ Ǣ d. Adequate precautions are taken on behalf of the operator so as not to create an undue ϐ ǡ ǡ Ǣ e. There is adequate space on-site for temporary parking and drop-off and pick-up during peak times.

Health Care Uses 9. Assisted Living or Congregate Care Facilities are allowed if it is demonstrated that: a. In any Neighborhood Conservation (NC) Subdistrict, the parcel for which the use is proposed shall abut a nonresidential district; b. If the capacity of the use is more than 15 residents: 1.

Primary access to the site is from a collector or arterial street; or 2.

If a local street, the route between the access point of the facility and the nearest collector or arterial street does not pass a single-family, duplex, or twin home residential use. c. The use is separated from single-family detached dwellings by a Type B bufferyard; and d. In the SC District, the building is an adaptive reuse of a residential dwelling, or part thereof, or if built new, is designed to be residential in character.

10. Hospitals, Clinics, Medical Labs, or Urgent Care Facilities are allowed if it is demonstrated that: a. In an SC District, the building is an adaptive reuse of a residential dwelling, or part thereof, or if built new, is designed to be residential in character; and b. In the UR District, the use prohibits retail sales, wholesale sales and product displays, product inventories, and on-site storage of service or delivery vehicles.

11. Nursing Homes are allowed if it is demonstrated that they comply with the standards and requirements for Assisted Living and Congregate Care Facilities as set out in Item 9., above.

Protective Care 12. Protective Care Facilities are allowed if it is demonstrated that: a. The facility is limited to no more than eight permanent residents, plus one additional occupant on an emergency basis; b. The resident supervisory family shall not exceed three persons; c. The use is set back from all property lines at least 50 feet; d. The use is spaced not less than 1,000 feet, measured in a straight line between the closest property lines of the respective uses, from the following uses: 1.

Residential uses; 2.

Places of assembly; 3.

Schools (any type); and 4.

Libraries. e. No property line of a protective care use shall also be a boundary line of a district, unless the boundary is: 1.

A municipal boundary line; and 2.

A boundary with an BP, AG, PI or GI district. f. Bufferyards shall be provided along property lines as follows: 1.

Street property lines: Type B 2.

Interior property lines: Type A g. An emergency response plan shall be provided to and approved by the City.

13. Transitional Service Facilities are allowed if it is demonstrated that: a. The facility is spaced from other facilities by a distance of at least 1,000 feet, measured in a straight line between the closest property lines. Facilities within the PI district are neither subject to nor included in the spacing requirements. b. If services are provided to more than 10 people at a time, access shall be taken from a collector or arterial street and, bufferyards shall be provided along property lines as follows: 1.

Street property lines: Type B 2.

Interior property lines: Type A Recreation and Amusement Uses 14. Casinos are allowed if it is demonstrated that: a. A site plan is submitted and approved as set out in Subsection 25.06.080.10, Site Plan; b. A circulation plan is submitted to and approved by the City, which shall include: ͳǤ ϐ Ǣ ʹǤ ϐ Ǣ ͵Ǥ ϐ Ǣ and 4.

Determination of needed improvements, controls, driving locations, and their design. c. A parking plan is submitted and approved by the City, which shall indicate how off-street ϐ Ǥ ǣ 1.

Delineation of individual parking and loading spaces and the circulation area necessary to serve spaces; 2.

Access to streets and property to be served, along with curb cuts, dimensions, and interconnectivity; 3.

Screening materials; 4.

Grading, drainage, surfacing, and subgrade details; ͷǤ ϐ eas; ͸Ǥ ϐ signs; and 7.

All other pertinent details including dimensions of ingress and egress and driveway areas. d. A pedestrian access plan showing pedestrian connections to both the City’s sidewalk system, trail system, and skywalk system and interconnections to the remainder of the City; e. A facade and building plan of drawings and sketches that comply with the standards set out in Subsection 25.03.190.6, Casino Entertainment (CE) Design Standards; f. The use complies with all applicable provisions of this Code, particularly including: 1.

Section 25.03.040, Standards for Nonresidential and Mixed Use Development; 2.

Section 25.03.100, Nonresidential and Mixed Use Accessory and Supplemental Standards; 3.

Section 25.03.180, Nonresidential and Mixed Use Design Standards; and 4.

Chapter 25.05, Site Development.

15. Community Gardens are allowed if it is demonstrated that: a. The garden is registered with the Administrator for which the name and telephone num ϐ with the Department; b. There is acknowledgement that the Administrator may revoke the registration for good cause shown, including nonconformance with any of the standards of this Item; c. There is compliance with the following standards: 1.

No less than one garden plot shall be designed to accommodate persons with disabilities; ʹǤ ϐ cultivation practices used on the site; 3.

Site users must have an established set of operating rules addressing: A. The governance structure of the garden; B. Hours of operation; C. Maintenance and security requirements and responsibilities; D. A garden coordinator to perform the coordinating role for the management of the community gardens; an assignment of garden plots according to the operating rules established for that garden. d. The site is designed and maintained so that water and fertilizer will not drain onto adjacent property; e. There are no retail sales on site; f. No buildings or structures existon site; however, a 100 square foot shed for storage of tools in accordance with Section 25.03.100.1, Accessory Buildings and Structures, small sheds, benches, raised/accessible planting beds, compost or waste bins, picnic tables, rain barrel systems, and children’s play areas shall be permitted. The combined area of all buildings or structures does not exceed 15 percent of the garden site; g. Fences comply with Section 25.03.100.3, Fences and Walls; h. The garden plot observes the setbacks of the applicable district within which it is located; i. The garden plot does not occupy the front or street side yards or a lot; j. Compost or waste bins are located such that they are out of public view and no less than 20 feet from property lines of adjacent residences; and k. The garden is regularly mowed, kept free of weeds and overgrowth, and maintained at all times in good condition.

16. Indoor Commercial Amusement uses are allowed if it is demonstrated that: a. Indoor activities are conducted in a completely enclosed building that has no openings, other than pedestrian entrances and stationary glass windows, facing any residentially district or use; b. Noise from the use is not be audible at the property line of any nearby residential uses between the hours of 9:00 p.m. and 9:00 a.m. c. Outdoor activity areas are separated from residential uses by a Type C bufferyard or public street right-of-way; d. Lighting for outdoor activities is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use; e. The building is located no less than 100 feet from any residential use; and f. Primary access to the use is from a collector or arterial street.

17. Indoor Recreation or Personal Fitness uses are allowed if it is demonstrated that: a. All principal and accessory uses occur indoors and are conducted in a completely enclosed building that has no openings, other than pedestrian entrances and stationary glass windows, facing any residentially district or use; b. The use is separated from all residential uses by a Type B bufferyard or public street right-of-way; c. Noise from the use is not be audible at the property line of any nearby residential uses between the hours of 9:00 p.m. and 9:00 a.m. d. In an RR, SR, GR, or UR District, it is designed with no more than 10,000 square feet of ϐ Ǥ 18. Outdoor Arena, Stadium, or Amphitheater uses are allowed if it is demonstrated that: a. The use is spaced 600 feet from residential districts and uses, measured along a straight line between the closest property lines, or separated by a Type C bufferyard; b. In the AG and RR districts, the use is set back 200 feet from all property lines; c. Amphitheater stages face away from the nearest residential uses; and d. Events are limited such that noise levels attributable to the use at the closest residential district or use does not exceed: 1.

70 dBA between the hours of 10:00 a.m. and 9:00 p.m., which may be extended to 11:00 p.m. for up to three events per calendar year; 2.

60 dBA between the hours of 9:00 p.m. and 11:00 p.m., which may be extended to 1:00 a.m. for one event per calendar year; and 3.

40 dBA between the hours of 11:00 p.m. and 10:00 a.m.

19. ǡ ǡ ǡ are allowed if it is demonstrated that they comply with the requirements of Chapter 4.14, Temporary Outdoor Circuses, Carnivals, Exhibitions, and Shows, of the Municipal Code.

20. Outdoor Recreation uses are allowed if it is demonstrated that: a. Off-street parking complies with the standards set out in Section 25.05.030, Parking and Loading Calculations. b. Accessory uses or activities are be subordinate in area, extent, and purpose to the principal use and are those which are customarily established in conjunction with the operation of permitted open space type recreation facilities, including accessory sales of alcoholic beverages, accessory food services, and accessory sales and rental of equipment; c. Par 3 golf courses are designed and laid out so as to minimize the likelihood that golf balls will be driven onto adjacent street rights-of-way or residential properties, in

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which case neither solid or mesh fencing in excess of six feet in height shall be used to satisfy this requirement; d. Public park areas designed and intended for active recreational use are separated from abutting residential districts and uses by a Type C bufferyard; e. Access to service and parking areas for over 50 vehicles is from a collector or arterial street or a service road; f. All lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential district or use; and g. After hours lighting is limited to that necessary only for security purposes. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜Ď­Ď´ĎŹ Ĺ˝ĹľĹľÄžĆŒÄ?Ĺ?Ä‚ĹŻ hĆ?Äž ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

Commercial Retail and Service Uses 1. †—Ž– �–‡”–ƒ‹��‡�– —•‹�‡••‡• are allowed if it is demonstrated that: a. It is not within 1,000 feet, measured as set out in Item 3, below, of: 1.

Another adult entertainment business or a sexually oriented business; 2.

Any parcel of land in the NC, RR, SR, GR, UR, MU, or SC Districts; 3.

A pre-existing public or private pre-school, elementary, or secondary school, college or university, public park, child care center or place of assembly; 4.

The center line of any rail lines or rail line spur; 5.

The airport grounds; 6.

Bridgeport West Industrial Park; 7.

Southbridge Industrial Park, including those portions of property lying with the City of Sioux City beginning at the intersection of Interstate 29 and the south line of property designated by the Federal Aviation Administration (FAA) as the Sioux Gateway Airport grounds, thence southeast along the centerline of Interstate 29 to its intersection with 260th Street, thence west to the Iowa/Nebraska State Line, thence north along said state line to the south line of property designated by the FAA as the Sioux Gateway Airport grounds extended west, thence east to the point of beginning; or 8.

Expedition Business Park. b. It is not within 500 feet of any parcel of land in the GC, DC, BP, CE, or PI Districts, or the HA-4, HA-P, or HA-N sub-districts. c. The use is designed as follows: 1.

Primary access to the building shall be visible from the street from which the use takes access. ʹǤ —‹Ž†‹Â?‰ ƒ……‡•• •ŠƒŽŽ „‡ …‘Â?Ď?‹‰—”‡† –‘ ƒŽŽ‘™ ˆ‘” ˜‡”‹Ď?‹…ƒ–‹‘Â? ‘ˆ ƒ‰‡ ‘ˆ …—•tomers before entry into parts of the building where sexually-oriented merchandise is displayed or sexually-oriented entertainment activities occur. ;Ǥ ‹‰Šnj‹Â?–‡Â?•‹–› …‘Ž‘”•ǥ ’”‹Â?ƒ”› …‘Ž‘”•ǥ Â?‡–ƒŽŽ‹… …‘Ž‘”•ǥ „Žƒ…Â?ÇĄ ‘” Ď?Ž—‘”‡•…‡Â?– colors shall not be used for paint or cladding of building walls.

4.

The use shall operate entirely indoors. ͡Ǥ Š‡ ‹Â?–‡”‹‘” ‘ˆ –Š‡ —•‡ •ŠƒŽŽ „‡ …‘Â?Ď?‹‰—”‡† •‘ –Šƒ– –Š‡ ‘„•‡”˜ƒ–‹‘Â? ‘ˆ Â?Ԡels or any material depicting, describing, or relating to •’‡…‹Ď?‹‡† •‡š—ƒŽ activities or •’‡…‹Ď?‹‡† ƒÂ?ƒ–‘Â?‹…ƒŽ ƒ”‡ƒ• by display, decoration, sign, show window, or other opening from any public way or from any property not licensed as an adult entertainment business are not visible from outside of the building through windows or doors.

6.

No part of the interior of the adult entertainment business is visible from any pedestrian sidewalk, walkway, street, or other public or semi-public area.

7.

A sign shall be posted at the entrance of the premises which states the nature of the business and states that no one under the age of 18 years of age is allowed on the premises.

8.

Neon signs and neon lighting are not allowed. d. The adult entertainment business is not open for business between the hours of 1:00 a.m. and 6:00 a.m.; e. No employee of the business is under 21 years of age; f. No merchandise or services are furnished to any person who us under 18 years of age; g. The use is not operated as an accessory to a permitted use unless it is permitted by this Code; and h. The adult entertainment business is operated, conducted, and maintained in a manner that is consistent with the provisions of this Code. If operated, conducted, or main–ƒ‹Â?‡† ‹Â? …‘Â?Ď?Ž‹…– ™‹–Š –Š‡ ’”‘˜‹•‹‘Â?• ‘ˆ –Š‹• ‘†‡ǥ –Š‡ ƒ†—Ž– ‡Â?–‡”–ƒ‹Â?Â?‡Â?– „—•‹Â?॥ shall be declared to be unlawful and a public nuisance, whereby the City Attorney may, in addition to or in lieu of prosecuting a criminal action under this Code, commence an action or actions, proceeding or proceedings, for the abatement, removal, or enjoinment of the business, in the manner prescribed by law, and shall take other steps and shall apply to a court or courts as may have jurisdiction to grant relief as will abate or remove the establishment and restrain and enjoin any person from operating, conducting, or maintaining an adult entertainment business contrary to the provisions of this Code.

2. Ž…‘Š‘Ž‹… ‡˜‡”ƒ‰‡ ƒÂ?† ‘„ƒ……‘ ÂƒÂŽÂ‡Â•ÇĄ ˆˆ•‹–‡ ‘Â?•—Â?’–‹‘Â? uses are allowed if it is demonstrated that: a. The site is not located within 200 feet from an NC, RR, SR, GR, UR, or SC District or an Institutional Residential Facility; or b. The proposed use is not located within 300 feet of a school, public park, or place of assembly, measured in a straight line between the closest property lines, except that it may be located within 200 feet of a school, public park, or place of assembly: 1.

When operated in conjunction with a grocery store, commercial retail store, or convenience store that has at least 14,000 square feet of gross Ď?Ž‘‘” ÂƒÂ”Â‡ÂƒÇĄ ’”‘˜‹†‡† –Š‡ —•‡ǣ Ǥ ‘‡• Â?‘– ‘……—’› Â?‘”‡ –ŠƒÂ? ͳͲ ’‡”…‡Â?– ‘ˆ –Š‡ ‰”‘•• Ď?Ž‘‘” ÂƒÂ”Â‡ÂƒÇ˘ B. Conducts business during the same hours as a grocery store, commercial retail store, or convenience store; or 2.

When alcoholic beverage and tobacco sales are integrated in a commercial retail center (developed under one roof) with a minimum of 14,000 square ˆ‡‡– ‘ˆ ‰”‘•• Ď?Ž‘‘” ÂƒÂ”Â‡ÂƒÇ˘ ’”‘˜‹†‡† –Š‡ —•‡• †‘ Â?‘–ǣ Ǥ ……—’› Â?‘”‡ –ŠƒÂ? Ď?‹˜‡ ’‡”…‡Â?– ‘ˆ –Š‡ ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒ ‘ˆ –Š‡ …‘Â?mercial retail center; and B. Have an entrance or viewable window display that is within 200 feet from an NC, RR, SR, GR, UR, or SC District or an Institutional Residential Facility.

3. Ž…‘Š‘Ž‹… ‡˜‡”ƒ‰‡ ÂƒÂŽÂ‡Â•ÇĄ Â?•‹–‡ ‘Â?•—Â?’–‹‘Â? uses are allowed if it is demonstrated that: a. No entrance faces a residential district or use unless it is at least 100 feet from the property line, measured in a straight line between the closest property lines; provided ÂŠÂ‘Â™Â‡Â˜Â‡Â”ÇĄ –Šƒ– Ď?‹”‡ †‘‘”• –Šƒ– ƒ”‡ ”‡“—‹”‡† „› –Š‡ Ď?‹”‡ …‘†‡ Â?ƒ› „‡ ‡š‡Â?’– ˆ”‘Â? –Š‹• ”‡“—‹”‡Â?‡Â?– ‹ˆ –Š‡ Ď?‹”‡ †‘‘” ‹• Â?‘– †‡•‹‰Â?‡† ĥ ƒ ‰‡Â?‡”ƒŽ ‡Â?–”ƒÂ?…‡ ‘” ‡š‹–Ǣ ƒÂ?† b. Uses with dancing or live entertainment restrict that the portion of the building used for dancing or entertainment such that no opening faces a residential district or use other than stationary insulated glass windows, which shall be screened or draped in a manner to prevent direct light from shining onto such residential district or use.

4. Â?‹Â?ƒŽ ‡–‡”‹Â?ƒ”› Â‡Â”Â˜Â‹Â…Â‡Â•ÇĄ Â?ƒŽŽ Â?‹Â?ƒŽ uses are allowed if it is demonstrated that: a. If present, kennels with one or more dog runs must comply with the following standards: 1.

The minimum lot or parcel area allocated to the use is one acre; 2.

The use is located at least 200 feet from an NC, RR, SR, GR, UR, or SC District; 3.

If the use is located in a multi-tenant building, ventilation systems control odors and allergens and prevent their circulation into other parts of the building; 4.

Fencing for dog runs does not exceed six feet in height or eight feet in height in the BP or GI Districts; 5.

Dog runs will not be used after 9:00 p.m. or before 7:00 a.m.; 6.

Dog runs are screened from abutting properties and rights-of-way by a Type B bufferyard that includes an opaque fence or wall; and b. If the use is located less than 100 feet from residential district or use, the building is sound attenuated such that the sound is not audible at the property line; c. In the MU, GC, and BP Districts, the following standards apply: 1.

The use is not located in a mixed-use building that contains dwelling units; 2.

Noise from the use is not audible outside of the space in which the use is located, or, if the use is located in a free-standing, single-use building, noise from the use shall not be audible at the property line.

5. Automobile Sales, Rental, and Service uses are allowed if it is demonstrated that: a. All service and repairs are performed within a fully-enclosed building. b. All permanent storage of material, merchandise, and equipment, including wrecked vehicles and excluding the display of vehicles for sale or lease, are stored in areas screened from view in accordance with the standards set out in Section 25.03.190, Nonresidential and Mixed Use Accessory and Supplemental Standards; c. Access is taken from a collector or arterial street or from a local street if no residential use is between the access point and the nearest intersection with a collector or arterial street; d. Buffering is be in accordance with the standards set out in Section 25.05.130, Bufferyards.

6. Automobile Wash facilities are allowed if it is demonstrated that: a. There are not more than six, one car bays; b. All mechanical equipment, excluding vacuum units, will be enclosed within a building; …Ǥ ÂŽÂŽ ˆƒ…‹Ž‹–‹‡• ƒ”‡ †‡•‹‰Â?‡† ƒÂ?† …‘Â?Ď?‹‰—”‡† •—…Š –Šƒ– ƒÂ?› ‘—–†‘‘” •’”ƒ›‹Â?‰ ’”‡’ƒ”ƒ–‹‘Â? ‘” drying activities are directed away from any abutting residential districts or uses, or a Type C bufferyard is used to screen the facility from such properties; d. Bay access is oriented and/or screen walls are provided to prevent headlights from shining onto any abutting residential district or use; e. If self-service vacuum facilities are provided, a minimum of one parking space for each vehicle capable of being serviced at any one time at such vacuum facility is provided. Parking spaces for accessory vacuum facilities will not interfere with circulation or entrance or exit drives; f. Accessory equipment (e.g., vacuum facilities) is set back at least 20 feet from all property lines; g. A water recycling system is applied to all full-service or conveyor-based vehicle wash facilities, which is equipped with, and maintained in operation, a water recycling system that will recycle not less than 50 percent of the water being used by the facility, and for existing automobile wash facilities, such system is required as a condition of any permit to: ͳǤ š’ƒÂ?† –Š‡ Ď?Ž‘‘” ƒ”‡ƒ ‘ˆ –Š‡ ˜‡Š‹…Ž‡ ™ƒ•Š ˆƒ…‹Ž‹–› „—‹Ž†‹Â?‰ „› Â?‘”‡ –ŠƒÂ? ͡Ͳ percent of the area of the vehicle wash facility building as it existed on the effective date of this Code.

2.

Demolish, destroy or remove and then replace more than 50 percent of the Ď?Ž‘‘” ƒ”‡ƒ ‘ˆ –Š‡ ˜‡Š‹…Ž‡ ™ƒ•Š ˆƒ…‹Ž‹–› „—‹Ž†‹Â?‰ ĥ ‹– ‡š‹•–‡† ‘Â? –Š‡ ‡ˆˆ‡…–‹˜‡ date of this Code, except for the purpose of replacing or repairing water recycling equipment; or 3.

Enlarge the water tap, meter, or service line.

7. Commercial Retail, Drive-In or Drive-Through Facilities are allowed if it is demonstrated that: a. The site is of adequate size to provide off-street parking for all patrons; „Ǥ Š‡ •‹–‡ ‹• Ž‘…ƒ–‡† •—…Š –Šƒ– –”ƒˆĎ?‹… ‹Â?‰”‡•• ƒÂ?† ‡‰”‡•• ˆ”‘Â? –Š‡ •‹–‡ ™‹ŽŽ Â?‘– ‹Â?–‡”ˆ‡”‡ ™‹–Š ‡š‹•–‹Â?‰ –”ƒˆĎ?‹… ‘Â? –Š‡ •–”‡‡–• ˆ”‘Â? ™Š‹…Š ƒ……‡•• –‘ –Š‡ •‹–‡ ‹• –ƒÂ?‡Â?Ǣ c. The use is separated from all residential districts and uses by a Type B bufferyard; †Ǥ ‘ Â?—•‹… ‘” •‘—Â?† ƒÂ?’Ž‹Ď?‹…ƒ–‹‘Â? •›•–‡Â? Â?ƒ› „‡ Š‡ƒ”† ˆ”‘Â? ƒ„—––‹Â?‰ ”‡•‹†‡Â?–‹ƒŽ †‹•–”‹…–• or uses; and e. Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential districts or uses.

8. ”›…Ž‡ƒÂ?‹Â?‰ ƒÂ?† ƒ—Â?†”› •–ƒ„Ž‹•ŠÂ?‡Â?–• are allowed if it is demonstrated that: ƒǤ Â?Ž› Â?‘Â?Ď?ŽƒÂ?Â?ƒ„Ž‡ •‘Ž˜‡Â?–• ƒ”‡ —•‡†Ǣ „Ǥ Š‡ —•‡ †‘‡• Â?‘– ‡š…‡‡† ͳǥʹͲͲ •“—ƒ”‡ ˆ‡‡– ‹Â? ‰”‘•• Ď?Ž‘‘” ÂƒÂ”Â‡ÂƒÇ˘ c. There are not more than two delivery vehicles used in the operations of the business; and d. The operation of the use does not extend past 11:00 p.m.

9. Gasoline Stations are allowed if it is demonstrated that: a. Lighting is shielded so as to prevent the direct glare of beams onto any adjacent residential districts or uses; b. No repairs other than minor automobile repairs are performed on the premises and any such minor repairs are performed only within the principal building on the premises; c. No overnight storage of material, merchandise, and equipment is permitted, except: 1.

Within the principal building; and 2.

Refuse and trash may be stored in closed containers and in an area screened from view at all points on any public or private property or street, in accordance with Section 25.03.190. d. All vehicles on the premises, other than those at the pumps or waiting for immediate service, are stored in parking areas or lots that are screened in accordance with the standards set out in Section 25.05.130, Bufferyards; e. No partially dismantled or wrecked vehicle are stored outside of a completely enclosed building; f. The use is separated from all residential districts and uses by a Type B bufferyard; g. In the event the use is discontinued or abandoned, the owner is subject to all provisions ‘ˆ –Š‹• ‘†‡ ƒÂ?† –Š‡ —Â?‹…‹’ƒŽ ‘†‡ ”‡‰ƒ”†‹Â?‰ „—‹Ž†‹Â?‰ ƒÂ?† Ď?‹”‡ ’”‡˜‡Â?–‹‘Â?ÇĄ ĥ ™‡ŽŽ as the following: 1.

The property, including all buildings, accessory structures, and landscaping is maintained so as to prevent any adverse effects on surrounding properties; 2.

All signs and sign supports are removed within 30 days following cessation of the use; ;Ǥ Š‡ —•‡ ‹• ‹Â? …‘Â?’Ž‹ƒÂ?…‡ ™‹–Š –Š‡ ’”‘˜‹•‹‘Â?• ‘ˆ –Š‡ Ď?‹”‡ …‘†‡ …‘Â?…‡”Â?‹Â?‰ abandonment of underground gasoline tanks; and 4.

Gasoline pumps and lighting poles are removed at the time of compliance ™‹–Š –Š‡ Ď?‹”‡ …‘†‡Ǥ h. If provided, canopies are connected to or integrated into the architectural design of the „—‹Ž†‹Â?‰ ‹Â? –‡”Â?• ‘ˆ …‘Ž‘”ǥ …Žƒ††‹Â?‰ǥ ”‘‘Ď?‹Â?‰ǥ ƒÂ?† ”‘‘ˆ ’‹–…ŠǢ i. A truck routing plan shows that the ingress and egress to the site does not use a local street; and j. If the use includes an automobile wash, then circulation for the automobile wash facility

Sioux ity oning C ndZ ign aode S inal C raft –

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F03.23.15

must be directed away from circulation for the rest of the site and a stacking lane for the vehicle wash must include an eight-foot wide “escape lane� to bypass the automobile wash.

10. Parking Garages or Lots are allowed if it is demonstrated that: a. The Board of Adjustment has reviewed and approved the use subject to the procedures set out in Section 25.06.090, Public Meeting and Hearing Permits and Procedures; b. Within the HA-4 Subdistrict: 1.

The Historic Preservation Commission has reviewed, considered, and forwarded a recommendation that is conclusive of all issues of fact and law, together with the record of its proceedings, to the Board of Adjustment. In its review to determine whether or not to authorize the Board of Adjustment to review a conditional use permit application, the Historic Preservation Commission has limited its review to the historical compatibility of a proposed land use or structure to the remainder of the area around it, then; 2.

The Board of Adjustment, together with any party contesting the recommendation of the Historic Preservation Commission, bears the burden of proof. …Ǥ Š‡ Ž‘…ƒ–‹‘Â? ‘ˆ ‹Â?‰”‡•• ƒÂ?† ‡‰”‡•• Â?‹Â?‹Â?‹œ‡• –”ƒˆĎ?‹… …‘Â?‰‡•–‹‘Â? ƒÂ?† –Š‡ ‡ˆˆ‡…– ‘ˆ Š‡ƒ†lights on residential uses and street operations; d. Parking structures in MU and GC Districts shall not exceed two levels above grade; e. Parking structures are buffered as follows: 1.

The structure is screened from view from streets and residential districts and uses by: A. Intervening buildings; B. Attached buildings that contain other uses that are permitted in the district; C. Allowed land uses other than parking that are incorporated into the parking structure; or 2.

The structure is screened from adjacent streets, highways, and uses by a Type B bufferyard.

11. Restaurant, Drive-In or Drive-Through uses are allowed if it is demonstrated that: a. Access is taken from a collector or arterial street or from a local street if no residential use is between the access point and the nearest intersection with a collector or arterial street; b. Parking areas shall be screened from abutting residential uses: ͳǤ ‹–Š ‘’ƒ“—‡ ™ƒŽŽ• –Šƒ– ƒ”‡ Â?‘– Ž‡•• –ŠƒÂ? Ď?‹˜‡ ˆ‡‡– ‹Â? Š‡‹‰Š–Ǣ ʹǤ › ƒ ‰”ƒ†‡ …ŠƒÂ?‰‡ •—…Š –Šƒ– –Š‡ ’ƒ”Â?‹Â?‰ Ž‘– •—”ˆƒ…‡ ‹• Ď?‹˜‡ ˆ‡‡– ‘” Â?‘”‡ „‡Ž‘™ –Š‡ ‡Ž‡˜ƒ–‹‘Â? ‘ˆ –Š‡ Ď?‹Â?‹•Š‡† Ď?Ž‘‘” ‘ˆ „—‹Ž†‹Â?‰• ‘Â? ƒ„—––‹Â?‰ Ž‘–• —•‡† ˆ‘” residential purposes; or 3.

A combination of the two that produces an equivalent result with respect to screening of headlights. c. Buffering shall be in accordance with the standards set out in Section 25.05.100, Bufferyards.

12. ‡š—ƒŽŽ› ”‹‡�–‡† —•‹�‡••‡• are allowed if it is demonstrated that: a. It is not within 1,000 feet, measured as set out in Item 3, below, of: 1.

Expedition Business Park.

2.

Southbridge Industrial Park, including those portions of property lying with the City of Sioux City beginning at the intersection of Interstate 29 and the south line of property designated by the Federal Aviation Administration (FAA) as the Sioux Gateway Airport grounds, thence southeast along the centerline of Interstate 29 to its intersection with 260th Street, thence west to the Iowa/Nebraska State Line, thence north along said state line to the south line of property designated by the FAA as the Sioux Gateway Airport grounds extended west, thence east to the point of beginning; or 3.

Bridgeport West Industrial Park; 4.

The airport grounds; 5.

The center line of any rail lines or rail line spur; 6.

A pre-existing public or private pre-school, elementary, or secondary school, college or university, public park, child care center or place of assembly; 7.

Any parcel of land in the NC, RR, SR, GR, UR, MU, or SC Districts; 8.

Another sexually oriented business or adult entertainment business; b. It is not within 500 feet of any parcel of land in the GC, DC, BP, CE, or PI Districts, or the HA-4, HA-P, or HA-N sub-districts. c. The use is designed as follows: 1.

Primary access to the building shall be visible from the street from which the use takes access. ʹǤ —‹Ž†‹Â?‰ ƒ……‡•• •ŠƒŽŽ „‡ …‘Â?Ď?‹‰—”‡† –‘ ƒŽŽ‘™ ˆ‘” ˜‡”‹Ď?‹…ƒ–‹‘Â? ‘ˆ ƒ‰‡ ‘ˆ …—•tomers before entry into parts of the building where sexually-oriented merchandise is displayed or sexually-oriented entertainment activities occur; ;Ǥ ‹‰Šnj‹Â?–‡Â?•‹–› …‘Ž‘”•ǥ ’”‹Â?ƒ”› …‘Ž‘”•ǥ Â?‡–ƒŽŽ‹… …‘Ž‘”•ǥ „Žƒ…Â?ÇĄ ‘” Ď?Ž—‘”‡•…‡Â?– colors shall not be used for paint or cladding of building walls; 4.

The use shall operate entirely indoors; ͡Ǥ Š‡ ‹Â?–‡”‹‘” ‘ˆ –Š‡ —•‡ •ŠƒŽŽ „‡ …‘Â?Ď?‹‰—”‡† •‘ –Šƒ– –Š‡ ‘„•‡”˜ƒ–‹‘Â? ‘ˆ Â?‘†‡Ž• ‘” ƒÂ?› Â?ƒ–‡”‹ƒŽ †‡’‹…–‹Â?‰ǥ †‡•…”‹„‹Â?‰ǥ ‘” ”‡Žƒ–‹Â?‰ –‘ •’‡…‹Ď?‹‡† •‡š—ƒŽ ƒ…–‹˜‹–‹‡• ‘” •’‡…‹Ď?‹‡† ƒÂ?ƒ–‘Â?‹…ƒŽ ƒ”‡ƒ• „› Â†Â‹Â•Â’ÂŽÂƒÂ›ÇĄ †‡…‘”ƒ–‹‘Â?ÇĄ •‹‰Â?ÇĄ •Š‘™ window, or other opening from any public way or from any property not licensed as an adult entertainment business are not visible from outside of the building through windows or doors.

6.

No part of the interior of the sexually oriented business is visible from any pedestrian sidewalk, walkway, street, or other public or semi-public area; 7.

A sign shall be posted at the entrance of the premises which states the nature of the business and states that no one under the age of 18 years of age is allowed on the premises.

8.

Exposed neon signs and exposed neon lighting are not allowed. d. The sexually oriented business is not open for business between the hours of 1:00 a.m. and 6:00 a.m.; e. No employee of the business is under 21 years of age; f. No merchandise or services are furnished to any person who us under 18 years of age; g. The use is not operated as an accessory to a permitted use unless it is permitted by this Code; and h. The sexually oriented business is operated, conducted, and maintained in a manner that is consistent with the provisions of this Code. If operated, conducted, or maintained ‹Â? …‘Â?Ď?Ž‹…– ™‹–Š –Š‡ ’”‘˜‹•‹‘Â?• ‘ˆ –Š‹• ‘†‡ǥ –Š‡ •‡š—ƒŽŽ› ‘”‹‡Â?–‡† „—•‹Â?॥ •ŠƒŽŽ „‡ declared to be unlawful and a public nuisance, whereby the City Attorney may, in addition to or in lieu of prosecuting a criminal action under this Code, commence an action or actions, proceeding or proceedings, for the abatement, removal, or enjoinment of the business, in the manner prescribed by law, and shall take other steps and shall apply to a court or courts as may have jurisdiction to grant relief as will abate or remove the establishment and restrain and enjoin any person from operating, conducting, or maintaining an adult entertainment business contrary to the provisions of this Code.

13. ‡Â?†‹Â?‰ ‹‘•Â?• ‘” Â”Â‹Â˜Â‡ÇŚ Š”‘—‰Š • are allowed if it is demonstrated that: a. They are an accessory use meaning they are incidental to and customarily associated with a permitted principal use that is located on the same lot or parcel; b. They do not exceed a maximum height of 10 feet; c. They are set back from property lines one foot for each foot in height of the kiosk or ATM; d. They are elevated above parking lot and drive aisle surfaces and protected by a six-inch …—”„ǥ ™‹–Š ƒ Â?‹Â?‹Â?—Â? ”ƒ†‹—• ƒ”‘—Â?† –Š‡ „ƒ•‡ ‘ˆ –Š‡ Â?‹‘•Â? ‘ˆ Ď?‹˜‡ ÂˆÂ‡Â‡Â–Ç˘ e. Walk-up vending kiosks and ATMs are connected to the internal and external pedestrian circulation systems and do not interfere with vehicular circulation; and f. Drive-through vending kiosks and ATMs circulate independently from parking areas and provide at least three stacking spaces, including the position at the kiosk or ATM. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜Ď­ĎľĎŹ Ĺ?ĆŒĹ?Ä?ĆľĹŻĆšĆľĆŒÄ‚ĹŻÍ• /ŜĚƾĆ?ĆšĆŒĹ?Ä‚ĹŻÍ• hĆ&#x;ĹŻĹ?ƚLJ͕ ĂŜĚ ŽžžƾŜĹ?Ä?Ä‚Ć&#x;ŽŜ hĆ?Äž ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

Standards Applicable to all Industrial Uses Š‡ ˆ‘ŽŽ‘™‹Â?‰ •–ƒÂ?†ƒ”†• ƒ’’Ž› –‘ ƒŽŽ ‹Â?†—•–”‹ƒŽ —•‡• –Šƒ– ƒ”‡ •’‡…‹Ď?‹‡† —Â?†‡” –Š‡ •—„Š‡ƒ†‹Â?‰ Dz Â?†—•trial Usesâ€? in Table 25.02.130, Agricultural, Industrial, Utility, and Communication Use Standards, as a limited (“Lâ€?) or conditional (“Câ€?) use.

1. ”—…Â? ”ƒˆĎ?‹…. Industrial uses that require semi-trailer truck service shall provide a truck routing plan that demonstrates compliance with the following standards: ƒǤ Š‡ —•‡ •ŠƒŽŽ –ƒÂ?‡ ƒ……‡•• ˆ”‘Â? ƒ ”‘ƒ† ‘ˆ •—ˆĎ?‹…‹‡Â?– ™‹†–Š ƒÂ?† …‘Â?•–”—…–‹‘Â? –‘ ƒ……‘Â?Â?‘date the required semi-trailer truck service. Such access shall be evaluated from the point of ingress and egress to the parcel proposed for development to the point of intersection of the proposed truck route with an arterial street or highway, whichever is closer; b. The use shall not be located so as to require semi-trailer trucks to travel on local roads that traverse Neighborhood Conservation (NC) districts, or in the RR, SR, GR, or UR Districts; c. Truck parking, loading, and maneuvering areas shall be constructed of Portland Cement concrete. All other service and storage areas shall have an all-weather surface for a distance of 50 feet from public street right-of-way that minimizes the generation of dust and sediment. Any remaining lay down yards or storage areas may have gravel surfaces.

2. Â?…Ž‘•—”‡. All manufacturing or fabrication processes that are reasonably likely to produce material, detrimental off-site impacts, including glare, dust, odors, and noise impacts, shall be sufĎ?‹…‹‡Â?–Ž› ‡Â?…Ž‘•‡† –‘ Â?‹–‹‰ƒ–‡ –Š‡ ‹Â?’ƒ…–•Ǥ ‘” –Š‡ ’—”’‘•‡• ‘ˆ –Š‹• •–ƒÂ?Â†ÂƒÂ”Â†ÇĄ Ç˛Â•Â—ÂˆĎ?‹…‹‡Â?– ‡Â?…Ž‘•—”‡dz may include a bufferyard with walls, fences, and/or earthen berms necessary to accomplish the mitigation objective.

3. Pollution Control and Nuisance Abatement. Each industry is required to continuously employ best management practices (BMPs) for pollution control and nuisance abatement, when reasonably and practicably available to the industry. Compliance with applicable federal, state, or local laws or regulations that require a particular BMP or level of technology to be employed constitutes compliance with this Item with respect to the pollutant or nuisance addressed by the law or regulation.

Agricultural Uses 4. Agricultural Packing or Processing Facilities are allowed if it is demonstrated that: a. The use is designed such that odors from waste products and by-products are contained until wastes are removed from the site for further processing (e.g., at a rendering plant) or disposal. This may include storage of waste containers in refrigerated enclosures or the use of air-tight waste containers; b. The use may be combined with the on-site retail sales of the items that are packed; and c. If the use involves the regular use of semi-trailer trucks, a truck routing plan is submitted and approved.

5. Animal Production is allowed if it is demonstrated that the use complies with the requirements of Title 7, Animals, of the Municipal Code.

6. Animal Feeding Operations are allowed if it is demonstrated that they comply with the purposes, regulations, restrictions, and requirements of Chapter 459, Animal Agricultural Compliance Act and Chapter 459A, Animal Agriculture Compliance Act for Open Feedlot Operations, of the Iowa Code.

7. Apiaries. Apiaries may be allowed as a conditional use in the Agriculture (AG) district, if in addition to the other applicable standards of this Code, it is provided that: a. Hives. All bee colonies shall be kept in hives with removable combs, which shall be kept in sound and usable condition. b. Setbacks. ͳǤ ÂŽÂŽ Š‹˜‡• •ŠƒŽŽ „‡ Ž‘…ƒ–‡† ƒ– Ž‡ƒ•– Ď?‹˜‡ ˆ‡‡– ˆ”‘Â? ƒÂ?› ’”‘’‡”–› Ž‹Â?‡Ǥ 2.

Apiaries shall be set back at least 200 feet from the property lines of schools and all types of day care facilities. c. Fencing of Flyways. In each instance in which any colony is situated within 25 feet of a property line of the tract upon which the apiary is situated, or within 25 feet of an area of the property used for public recreation or assembly (e.g., picnic tables, playground, etc.), as measured from the nearest point on the hive to the property line or recreation / assembly area, the beekeeper shall establish and maintain a Ď?Ž›™ƒ› „ƒ””‹‡” ƒ– Ž‡ƒ•– •‹š ˆ‡‡– ‹Â? Š‡‹‰Š–ǥ …‘Â?•‹•–‹Â?‰ ‘ˆ ƒ •‘Ž‹† ™ƒŽŽ ‘” ˆ‡Â?…‡ ’ƒ”ƒŽŽ‡Ž to the property line or recreation / assembly area and extending 10 feet beyond the …‘Ž‘Â?› ‹Â? ‡ƒ…Š †‹”‡…–‹‘Â?ÇĄ •‘ –Šƒ– ƒŽŽ „‡‡• ƒ”‡ ˆ‘”…‡† –‘ Ď?Ž› ƒ– ƒÂ? ‡Ž‡˜ƒ–‹‘Â? ‘ˆ ƒ– Ž‡ƒ•– six feet above ground level over the property lines in the vicinity of the apiary. d. Water. Each property owner or beekeeper shall ensure that a convenient source of water is available at all times to the bees so that the bees will not congregate at water sources where they may cause human, bird, or domestic pet contact. The water shall be maintained so as not to become stagnant. e. Maintenance.

1.

Each property owner or beekeeper shall ensure that no bee combs or other materials that might encourage robbing are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.

2.

Any bee colony not residing in a hive structure intended for beekeeping, or any swarm of bees, or any colony residing in a standard or homemade hive which, by virtue of its condition, has obviously been abandoned by the beekeeper, is unlawful and may be summarily destroyed or removed from the City by the Administrator, or a designee. f. Queens. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation, or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to requeen the colony. Queens shall be selected from stock bred for gentleness and non-swarming characteristics. g. Colony Densities.

1.

No more than the following number of colonies are allowed on any lot or ’ƒ”…‡Ž ™‹–Š‹Â? –Š‡ ‹–›ǥ „ƒ•‡† —’‘Â? –Š‡ •‹œ‡ ‘” …‘Â?Ď?‹‰—”ƒ–‹‘Â? ‘ˆ –Š‡ ’ƒ”…‡Ž ‘Â? which the apiary is situated: Lot or parcel area one-quarter acre up to but not including one-half A. acre: four colonies.

B. Lot or parcel area one-half acre up to but not including one acre: six colonies.

C. Lot or parcel area one acre or more: eight colonies.

D. Regardless of lot or parcel size, where all hives are situated at least 200 feet in any direction from all property lines of the lot on which the apiary is situated, there shall be no limit to the number of colonies.

5

2.

For each two colonies that are allowed on a lot or parcel, there may be maintained upon the same lot or parcel one nucleus colony in a hive structure not exceeding one standard 10-frame hive body with no supers attached, as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an allowed colony within 30 days after the date it is acquired.

8. Wholesale Greenhouses or Nurseries are allowed if it is demonstrated that: a. Access to the use shall be provided as follows: 1.

From a local street if there is no residential use between the access point and the nearest intersection with an arterial or collector street; 2.

From an arterial or collector street; or b. Greenhouses and nursery storage buildings are set back according to the requirements that apply to principal buildings in the district within which the use is proposed; c. Active areas of open air nurseries are spaced not less than 200 feet from the SR, GR, and UR Districts, as well as the Neighborhood Conservation (NC) sub-districts, measured as shortest distance from the nearest edge of the part of the nursery that is used to grow plants for sale to the property line of the residential district or use; and d. A truck routing plan is submitted as determined necessary by the Administrator.

9. Pigeon Lofts or Cages are allowed for the keeping, maintaining, or harboring of seemless banded pigeons if it is demonstrated that: a. The pigeons are banded by a recognized association of pigeon fanciers; b. The use is incidental and accessory to an existing residential dwelling and conducted by the resident owner or occupant of the dwelling; c. The number of pigeons kept on the premises was established by the Administrator as not to exceed 100 pigeons; d. Seemless banded pigeons, such as Flying Tiplers, Tumblers, and Homing Pigeons or Rollers, may be released for exercise or performance from 7:00 a.m. to 9:00 am and 6:00 p.m. to 8:00 p.m. between May 1 and October 31, as well as from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. from November 1 through April 31; e. Upon release for exercise or performance, the owner or persons who have possession of authorized pigeons shall not permit them to light upon the building or property of others; f. Other than the time that pigeons are permitted to be exercised or trained, as set out in

–‡Â? ͝Ǥ†Ǥ ÂƒÂ„Â‘Â˜Â‡ÇĄ –Š‡ ’‹‰‡‘Â?• •ŠƒŽŽ „‡ …‘Â?Ď?‹Â?‡† –‘ …ƒ‰‡• ‘” ’‡Â?•Ǣ g. No pigeons shall be brought to or kept on the premises until an approved permit is obtained under Title 7, Animals, of the Municipal Code and maintained in effect during the conduct of the use; h. The owner or persons who have possession of the authorized pigeons acknowledge in writing their understanding and agreement that the conditional use permit for keeping pigeons will automatically expire when the use is terminated by the removal of the pigeons from the property for a period of six months or more or if they fail to obtain and maintain a permit under Title 7, Animals, of the Municipal Code.

In this case, the conditional permit is automatically rescinded requiring no further action by the Administrator and the use may only be re-established as set out in this Code.

Industrial Uses 10. Automotive Repairs and Service, Heavy uses are allowed if it is demonstrated that: a. The use is separated from other uses, measured in a straight line between the nearest property lines, as follows: 1.

Residential districts and uses: 500 ft., or separated by a Type C bufferyard.

2.

Arterial streets and highways: 150 feet, or screened by another use that fronts the arterial street or highway, or separated with a Type B bufferyard; and b. Outside storage of vehicles (repaired vehicles or vehicles for which repairs are pending): 1.

Are not be stored in parking spaces that are required by Section 25.05.030, Parking and Loading Calculations; 2.

Are screened from view from abutting streets by the principal building ƒÂ?†Ȁ‘” ƒ Â?‹Â?‹Â?—Â? Ď?‹˜‡ ˆ‘‘– –ƒŽŽ Â?ƒ•‘Â?”› ™ƒŽŽ ‘” ˆ‡Â?…‡Ǣ ƒÂ?† c. In the alternative to the above standards, the use (including storage of customer vehicles) may be conducted entirely indoors, provided that: 1.

The use is spaced not less than 300 feet from residential districts and uses, measured in a straight line between the nearest property lines.

2.

Not more than one bay door faces an arterial street or highway; and 11. Commercial Retail, Heavy uses are allowed if it is demonstrated that: a. In the BP District, the use involves the sale of a single category of merchandise that is characterized by one or more of the following: 1.

Lease or sale of goods or equipment to businesses that are allowed in the BP District; or 2.

Sale of goods manufactured on site. b. In the MU and GC Districts, the use is: 1.

Spaced at least 500 feet from: A. District boundaries of the RR, SR, GR, UR, and SC Districts; or B. Property lines of land used for residential purposes (including mixed-use that includes dwelling units); and 2.

Separated from residential districts or uses by a Type C bufferyard that includes an 8-foot tall masonry wall; c. The use is buffered from streets and abutting nonresidential property: 1.

In the MU and GC Districts, outdoor areas used for merchandise display are screened from streets and abutting nonresidential property with a Type B bufferyard; and 2.

In the BP District, outdoor areas used for merchandise display are screened from streets with a Type A bufferyard.

12. š–”ƒ…–‹‘Â? uses are allowed if it is demonstrated that: a. The requirements for a grading permit pursuant to Chapter 20.30, Grading Ordinance, ‘ˆ –Š‡ —Â?‹…‹’ƒŽ ‘†‡ ƒ”‡ •ƒ–‹•Ď?‹‡†Ǥ Š‡ ‡š–”ƒ…–‹‘Â? ‘” ŽƒÂ?†Ď?‹ŽŽ‹Â?‰ •‹–‡ ‹• ƒ– Ž‡ƒ•– ;ͲͲ feet from any residentially district or use; „Ǥ Š‡ ‡š–”ƒ…–‹‘Â? ‘” ŽƒÂ?†Ď?‹ŽŽ‹Â?‰ ’”‘…‡•• ‹• …‘Â?’Ž‡–‡† ™‹–Š‹Â? ‘Â?‡ …‘Â?•–”—…–‹‘Â? •‡ƒ•‘Â?Ǣ c. Access to and from the site is directly to an arterial street or on a route approved by the Public Works Department; d. Trucks and other machinery are operated only between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday and between the hours of 8:00 a.m. and 3:00 p.m. on Saturday; e. The extraction use will not increase the amount of stormwater run-off onto adjacent properties. Erosion control facilities, including retention and sediment basins, are required of each facility, if necessary, to meet this standard; ˆǤ Š‡ ‡š–”ƒ…–‹‘Â? ‘” ŽƒÂ?†Ď?‹ŽŽ‹Â?‰ •‹–‡ †‘‡• Â?‘– ‘……—” ‹Â? –Š‡ ‘‡•• ‹ŽŽ• ™‹–Š‹Â? –Šƒ– ƒ”‡ƒ ˜‹•‹„Ž‡ from the Loess Hills National Scenic Byway located on Highway 12 and Interstate Highway 29. ‰Ǥ —‹•ƒÂ?…‡ …‘Â?’Žƒ‹Â?–• ”‡Žƒ–‡† –‘ †—•–ǥ –”ƒˆĎ?‹…ǥ Â?‘‹•‡ǥ ‘” ‘–Š‡” ‹Â?’ƒ…–• ‘ˆ –Š‡ ‡š–”ƒ…–‹‘Â? ‘” ŽƒÂ?†Ď?‹ŽŽ‹Â?‰ ‘’‡”ƒ–‹‘Â? ƒ”‡ ”‡•‘Ž˜‡† ‹Â? ƒ –‹Â?‡Ž› Â?ƒÂ?Â?‡” „› …‘‘’‡”ƒ–‹˜‡ ‡ˆˆ‘”–• ‘ˆ –Š‡ grading permit holder; ŠǤ Š‡ ‡š–”ƒ…–‹‘Â? ‘” ŽƒÂ?†Ď?‹ŽŽ‹Â?‰ •‹–‡ †‘‡• Â?‘– ‘……—” ‹Â? –Š‡ ‘‡•• ‹ŽŽ• ™‹–Š‹Â? –Šƒ– ƒ”‡ƒ ˜‹•‹„Ž‡ from the Loess Hills National Scenic Byway located on Highway 12 and Interstate Highway 29.

13. Heavy Industry is allowed if it is demonstrated that: a. The minimum area of the parcel proposed for development is: 1.

BP District: 10 acres 2.

GI District: 5 acres b. The use is set back from all property lines as follows: 1.

BP District: 150 ft.

2.

GI District: 100 ft. c. The use is not of a type that disposes of hazardous wastes on-site; d. Outdoor storage areas comply with the standards for outdoor storage yards set out in Item 15, Outdoor Storage Yards, below, as well as Subsection 25.03.180.4, Outdoor Storage; and e. A truck routing plan is submitted and approved.

14. Heliport or Helistops are allowed if it is demonstrated that: a. Heliports shall be permitted in the MU, GC, DC, BP, and GI districts only in connection with the use of hospitals; b. The operation of heliports and helistops comply with all rules and regulations: ͳǤ •–ƒ„Ž‹•Š‡† „› –Š‡ ‡†‡”ƒŽ ˜‹ƒ–‹‘Â? †Â?‹Â?‹•–”ƒ–‹‘Â? Č‹ ČŒ ĥ †‡Ď?‹Â?‡† ‹Â?

No. 150-5390-1B, dated August 22, 1977 (“Heliports Design Guide�), including all subsequent amendments thereto; 2.

The requirements set out by the National Fire Protection Association, Pamphlets 403 and L418 as adopted in 1978, including all subsequent amendments thereto; and 3.

The provisions of Section 2308-3, Heliport and Helistop Landing Areas, of the Uniform Building Code as adopted by the City, including subsequent amendments thereto. c. The City Council may issue a special permit for the temporary landing and takeoffs of a helicopter on public or private property subject to such terms as may be set forth in said permit. †Ǥ Š‡ ’‘Ž‹…‡ Â…ÂŠÂ‹Â‡ÂˆÇĄ Ď?‹”‡ Â…ÂŠÂ‹Â‡ÂˆÇĄ †‹”‡…–‘” ‘ˆ …‹˜‹Ž †‡ˆ‡Â?•‡ǥ –Š‡ †‹•–”‹…– Š‡ƒŽ–Š ‘ˆĎ?‹…‡”ǥ ‘” –Š‡‹” authorized representatives may authorize emergency landings and takeoffs of helicopters without compliance with the terms of this Code in all instances where they consider persons or property to be in peril.

15. Outdoor Storage Yards are allowed if it is demonstrated that: a. The use is not be located on parcels that abut a state highway; b. The storage yard is screened by a Type B bufferyard that includes an opaque fence that complies with Subsection 25.03.090.3, Fences and Walls; c. Materials.

1.

Liquids, gels, and pastes (e.g., paints, sealers, etc.) are stored only in enclosed buildings; 2.

There is no storage of explosives; 3.

There is storage of no more than 50 gallons of motor fuel. d. The use is not used to dispose of inoperable machines or wastes. Temporary storage of construction wastes generated by the contractor who operates the storage yard is permitted, provided that: 1.

The materials are not stored for more than 48 hours; 2.

The materials do not generate dust; 3.

The materials do not contain hazardous materials such as lead or asbestos; and 4.

The materials are of types that will not become wind-blown debris. e. The yard is maintained in an orderly manner.

16. Recycling Collection and Processing Operations directly engaged in the recycling of paper, household plastics, glass, and aluminum or tin cans entirely within an enclosed building are allowed if it is demonstrated that: a. The only outside accessory uses permitted are hard surfaced areas for customer or employee parking and for parking trucks or trailers used in the business; b. All loading or unloading of salvage is conducted inside the building or by dock-type facilities designed to allow loading and unloading directly into the building; c. All loading or unloading aprons and other vehicular access areas are located on the same parcel as the principle use and consist of a durable concrete or asphalt surface, which includes an adequate area for the standing of trucks and trailers during the loading and unloading process exclusive of any street or public right-of-way; d. All such recycling uses conform with the sprinkling requirements of the National Fire Protection Association (NFPA) 13, Standard for the Installation of Sprinkler Systems; e. The following are acknowledged as applicable to this Item: 1.

This Item shall not be construed to apply to the recycling of ferrous metals; and 2.

The Board of Adjustment shall not have the authority to vary any of the requirements of this Item.

17. Salvage Facilities or Yards are allowed if it is demonstrated that: a. Salvage yards conducted entirely within an enclosed building are subject to the following standards: 1.

The only outside accessory uses permitted are hard-surfaced areas for customer and employee parking and for parking trucks or trailers used in the business; 2.

All loading and unloading of salvage is conducted inside the building or by dock type facilities designed to allow loading and unloading directly into the building. The loading and unloading area are located on site and consist of a dust free hard surface, which includes an adequate area for the standing of trucks and trailers during the loading and unloading process exclusive of any street or public right-of-way; b. The use is: 1.

Enclosed by a Type C bufferyard that includes an opaque wall or fence that is uniform in height, material, texture, and color, and that complies with Subsection 25.03.090.3, Fences and Walls; ʹǤ ‘Â?Ď?‹‰—”‡† •‘ –Šƒ– ‹Â?‘’‡”ƒ„Ž‡ ˜‡Š‹…Ž‡• ƒÂ?† ‘–Š‡” Œ—Â?Â? ƒ”‡ Â?‘– ˜‹•‹„Ž‡ ˆ”‘Â? abutting public rights-of-way and from state highways that are located within 1,000 feet of any property line of the use; and c. No loading, unloading, or any other operational activity involving salvage materials takes place outside the boundaries of the fence or wall; d. There is no burning of materials; e. No hazardous waste or hazardous materials are accepted or deposited, except as incidental to the salvage operation; f. Salvage operations are conducted to remove hazardous wastes and materials and dispose of them according to state and federal requirements; and g. A truck routing plan is submitted and approved.

18. Self-Storage Facilities are allowed if it is demonstrated that: a. Alternative No. 1: 1.

They are located such that a building that is used for commercial retail use screens the use from arterial streets and highways; ʹǤ Š‡ ’ƒ”…‡Ž ’”‘’‘•‡† ˆ‘” †‡˜‡Ž‘’Â?‡Â?– †‘‡• Â?‘– ‡š…‡‡† Ď?‹˜‡ ƒ…”‡• ‹Â? ÂƒÂ”Â‡ÂƒÇ˘ 3.

The operator/owner ensures that the following requirements are met, and provides notice to tenants or purchasers of the following requirements: A. Climate controlled self-storage facilities are permitted; B. The self-storage facility shall be secured so that access is limited to –‡Â?ƒÂ?–• ȋ‘” ‘™Â?Â‡Â”Â•ČŒ ƒÂ?† Ď?‹”‡ǥ ’‘Ž‹…‡ǥ ‘” ‡Â?‡”‰‡Â?…› •‡”˜‹…‡ ‘ˆĎ?Â‹Â…Â‹ÂƒÂŽÂ•Ç˘ C. No self-storage unit shall be used for the storage of explosives, am-

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ǡ ǡ ϐ Ǣ No outdoor storage is permitted on the site of the self-storage facility, except that vehicles (including passenger vehicles, light trucks, boats, and recreational vehicles) may be stored if the vehicle storage area is screened from abutting property and rights-of-way by storage building walls and/or a Type C bufferyard that includes a wall or fence that complies with Subsection 25.03.090.3, Fences and Walls; E. If the facility abuts a residential district, it shall be closed and secured between the hours of 9:00 p.m.and 7:00 a.m.; and F. Self-storage units shall be used solely for the purpose of storage of goods and possessions and shall not be used for conducting or operating a business, hobby, band rehearsal, or any type of activity not related to the storage of personal property of the owner or tenant of the unit. However, a garage sale of goods located within a self-storage unit is allowed upon the termination of the rental contract for that unit.

4.

The facility provides pedestrian pathways and entries, which are shown on the site plan at the time of application; 5.

The facilities are surrounded by a Type B bufferyard. The rear building walls of perimeter buildings may be counted towards the structure requirement if they do not include doors or windows. Those portions of self-storage facilities that face service areas at the rear of abutting nonresidential uses are not subject to the bufferyard requirement; 6.

The use is screened from view from street right-of-way by a commercial retail use or, in the BP or GI Districts, an industrial use; 7.

Chain-link fencing, if used, is not visible from any property line; 8.

The use is buffered from an abutting residential district or use by a bufferyard that includes a wall or fence that complies with Subsection 25.03.090.3, Fences and Walls, which may include the back of a self-storage ǡ ϐ Ǣ 9.

Access to the use is provided across the commercial retail site or, in the BP or GI Districts, industrial site; b. Alternative No. 2: 1.

The use is buffered from street rights-of-way by a Type C bufferyard that includes a masonry wall; 2.

The use is buffered from an abutting residential district or use by a bufferyard that includes a wall or fence that complies with Subsection 25.03.090.3, Fences and Walls; ͵Ǥ Ǧ Ǧ ϐ ǡ ǡ ǡ Ǧϐ Ǣ 4.

Units are arranged so that bay doors are not visible from abutting street rights-of-way or a residential district or use, except at points of ingress and egress; and 5.

Chain-link fencing, if used, is not visible from any property line c. Alternative No. 3: ͳǤ ϐ ǡ fenestration, building access and materials; and 2.

All units are accessed from inside of the building. d. Alternative No. 4: 1.

The use is integrated into a commercial or mixed-use building; 2.

All units are accessed from inside of the building; and ͵Ǥ ϐ D.

Utility Uses 19. are allowed if it is demonstrated that: a. New electrical substations are not placed in the Neighborhood Conservation (NC) District or any of its sub-districts. However, existing facilities may continue as conforming uses and may be expanded if: 1.

The landscaping and buffering requirements of this Item are met.

2.

The facility setback requirements of Item 19c are met; and b. Substations in the Neighborhood Conservation (NC) District are for distribution or collector substation facilities only and not transmission substations; c. Electrical substations in the RR, SR, GR, UR, NC, and SC Districts are set back as follows: 1.

If the secure area of the substation has a footprint of 12,500 sf. or less, then it is set back at least: A. 50 feet from rights-of-way; B. 50 feet from nonresidential property lines; and C. 100 feet from residential property lines.

2.

If the secure area of the substation has a footprint of more than 12,500 sf., then it is set back at least: A. 100 feet from rights-of-way; B. 100 feet from nonresidential property lines; and C. 200 feet from residential property lines. Any substation equipment that is taller than 35 feet above the ground plane shall be set back an additional two feet for each additional foot in height above 35 feet. d. These setbacks may be waived if the utility lines are buried and the substation is concealed within an enclosed building. In such case, the setbacks are the same as are applied to principal buildings in the same district; and e. Electrical substations in the the RR, SR, GR, UR, NC, and SC Districts that are not con ϐ height is planted around the outside of the security fence, except at points of entry. f. In all districts: 1.

All buildings and structures shall either have exteriors which give the appearance of a structure permitted in the district in which it is located or shall be screened from view from public rights-of-way or any private property located in any residential district. Any screening located in or adjacent to any front yard shall be limited to vegetation that provides effective yearround screening.

2.

All electric substation uses shall be fenced where any hazard to the safety of human or animal life is present.

3.

No service or storage yard for such building shall be permitted except as permitted for other uses in the district.

4.

Yards shall be provided as set out for the district in which the use is located.

5.

The level of noise emanating from such use shall not exceed 60 dBA measured at any lot line.

20. are allowed as follows: a. Use Restrictions.

1.

Freestanding, or pole-mounted small wind energy systems are a permitted accessory use in all zoning districts where structures of any sort are allowed, except for the HA-4 and HA-P sub-districts, subject to requirements set out in this Item.

2.

The installer of the small wind energy system, and/or the owner of the property upon which the system will be installed, is required to obtain a building permit for the system, as required by all City adopted building, electrical, or other Codes. This section shall not be construed to overrule valid private covenants. Building mounted wind energy systems shall not be permitted within the City limits unless the system is architecturally designed and integrated into new construction. b. General Requirements.

1.

Historic Buildings and Districts. When a permit is requested to allow a small wind energy system on grounds associated with a structure that is either: 1) listed on the National Register of Historic Places; 2) in a local historic district; 3) designated as a local landmark; or 4) property adjacent to a local landmark, then the Historic Preservation Commission (HPC) shall be ͵Ͳ ϐ ϐ pact the historic character of the building or district. If the HPC determines ϐ ǡ the wind energy system shall be processed normally. If the HPC determines ϐ ter of the building or district, the proposed wind energy shall be reviewed by the Board of Adjustment (BOA) at its next available meeting and acted upon as though it were an appeal of a denial of a permit.

2.

Tower Height and Setback. The base of the small wind energy system tower shall be set back from all property lines, public rights-of-way, and aboveground public utility lines at a distance no less than 115 percent of the total extended height of the tower, including extended blades. Towers shall be allowed closer to a property line than its total extended height if the abutting property owner(s) grant(s) an easement or some other type of instrument acceptable to the Administrator, or a designee, that will serve to protect abutting properties from property damage and personal injury in the event of the failure of the tower. As long as the total extended height meets the

ǡ ϐ tion, except as imposed by the Federal Aviation Administration (FAA).

3.

Minimum Ground Clearance. A minimum of 12 feet of clearance between the ground and the lowest point of the turbine blade when said blade is at its lowest point of a revolution shall be maintained at all times.

4.

Requirement for Approval of Engineered Drawings and Soil Studies.

A. A wind energy system shall not be erected within the City limits, ϐ the stamped approval of an Iowa registered structural engineer.

B. In lieu of obtaining the stamped approval of an Iowa registered structural engineer for each wind energy system noted above, a ϐ for a system on a freestanding tower, including its soils study and foundation plans for such system, for a one-time review and stamped approval by an Iowa registered engineer as suitable for construction in any soil condition that exists in the State of Iowa.

C. If such one-time stamped approval is obtained, that manufacturer may thereafter construct such small wind energy systems within the City Limits, utilizing the approved soils study and foundation plans for the small wind energy system, without obtaining and presenting the stamped approval of an Iowa registered engineer for each such installation; however, under any circumstances all appropriate permits adopted pursuant to City codes will be required.

5.

Compliance with Federal Aviation Administration (FAA) Regulations. No small wind energy system shall be constructed, altered, or maintained so as to project above any of the imaginary airspace surfaces described in FAR Part 77 of the FAA guidance on airspace protection.

6.

Safety. Any climbing foot pegs or rungs below 12 feet of a freestanding tower shall be removed to prevent unauthorized climbing. For lattice or guyed towers, other measures acceptable to the Administrator, or a designee, to prevent unauthorized climbing shall be taken.

7.

Sound. Sound produced by the small wind energy system under normal operating conditions, as measured at the property line, shall comply with any local ordinance regulating the volume of sound as a nuisance, if applicable.

Sound levels, however, may be exceeded during short-term events out of anyone’s control, such as during utility outages and/or severe wind storms.

8.

Compliance City Adopted Codes. Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical ǡ ǡ ϐ for a determination that the design and manner of installation conforms with all City adopted codes.

9. ϔ . No small wind energy system shall be installed until evidence has been given that the utility company has authorized interconnection of the small wind energy system to its electric distribution or transmission, under an agreement approved by and subject to regulation adopted by the Iowa Utilities Board (IUB). Properties not connected to the public utility system shall be exempt from this requirement.

10.

Insurance. A person seeking a building permit to erect a small wind energy ǡ ϐ isfactory to the City, showing general liability insurance coverage for the installation and operation of the system under a standard homeowner’s or standard business owner’s insurance policy, separate and distinct from any insurance requirements of a public utility.

11.

Abandonment. If a wind turbine is inoperable for six consecutive months, ϐ ǡ ͳͶǦ the notice, restore the small wind energy system to operating condition. If the owner fails to restore the system to operating condition within the six month time frame, it shall be considered abandoned and the owner shall be required, at the owner’s expense, to remove the small wind energy system.

A small wind energy system that has been abandoned may be abated as a public nuisance.

12.

Signage. No signs, other than appropriate warning signs, or standard ǯ ǯ ϐ ǡ wind generator, tower, building, or other structure associated with a small wind energy system, subject to the provisions set out in Subchapter 25.05C, Signs, if any.

13.

Lighting. No illumination of the turbine or tower shall be allowed unless required by the FAA or unless allowed by applicable City ordinance.

Communication Uses 20. are allowed if it is demonstrated that:

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F03.23.15

a. In all districts, the combined maximum lot coverage of the principal structure, accessory structures, and parking areas shall not exceed 80 percent. b. In the MU, GC, and DC Districts, the use may include studios, but shall not include transmission or receiving equipment that is: 1.

Ground-mounted; 2.

Tower-mounted; or 3.

Mounted on the building, except that satellite dishes that are less than one meter in diameter and antennae that are less than 10 feet in height may be mounted on the roof. c. In the BP and GI Districts, the use may include studios and transmission equipment, subject to the following standards: 1.

Tower-mounted equipment complies with the standards of Item 19., below, that are applicable to telecommunications towers; 2.

Roof-mounted equipment shall: A. Extend not more than 10 feet above the rooftop; and B. Be screened from street-level views by parapet walls, which may extend up to six feet above the roof, provided that if they exceed the maximum height allowed for the zone, they are set back one foot per foot of additional height above the maximum allowable height.

3.

Ground-mounted satellite dishes are set back at least 100 feet from all property lines, and screened by a Type B bufferyard that includes a wall or fence that complies with Subsection 25.03.090.3, Fences and Walls. If security fencing is used, it shall be located between the bufferyard landscaping and the satellite dishes.

21. Ǧ that are not accessory to an allowed principal use located within all districts, commercial buildings located within any district, and publiclyowned facilities are allowed as follows: a. Building-mounted telecommunication facilities within any mixed use or nonresidential district shall be designed to minimize visual obstructions and maximize the compatibility with the architectural character of the building, structure, and/or neighborhood. All antenna and equipment located on buildings or structures shall be set back to minimize the visual impact from public rights-of-way and abutting properties. Additional screening may be required to screen the antenna and equipment from public view by way of a parapet wall or painting. b. Antenna and all related equipment shall be located to the rear of the property, when practicable. c. Building-mounted telecommunication support equipment shall be constructed of non ϐ ȋ Ȍ derground or be hidden by an earthen berm, vegetation, and/or painted to match or complement the architecture of the building or structure to which it is attached. d. Lighting of any building-mounted telecommunication antenna or equipment is prohibited, unless required by the Federal Communication Commission (FCC) or Federal Aviation Administration (FAA). e. Building and/or roof-mounted antennas or towers shall project no higher than 20 percent of the allowable building height in the district it is located. f. Photo simulations and/or a site plan shall be submitted as part of the conditional or limited use application, which shall detail the location, color, size, and material of the proposed building-mounted telecommunication equipment, as well as the location, material, color, and height of screening to be provided, as applicable.

22. Wireless Telecommunication Towers are allowed as follows: a. Additional Antennae or Transmission Equipment. In accordance with the Middle Class Tax Relief and Job Creation Act of 2012, it is intended that collocation of additional antennas on towers authorized pursuant to this Item, or the removal and replacement of transmission equipment on an existing wireless telecommunication tower or base station shall be permitted, provided the tower has the structural capacity to carry the antenna and that the approved development plan accommodates the siting of any required support facilities, and provided that this action does not ȋ Ǥ Ǥ ǡ ϐ ǡ coverage, guy wire span, etc.) of the tower or base station; b. Existing Telecommunication Towers. Existing towers, based on an approved conditional use permit, are to be considered as equivalent to sites that are approved pursuant to the provisions set out in this Code; c. Use Restrictions. Following are the principal permitted uses that may be approved as part of a conditional use permit subject to the provisions set out in this Code: 1.

Telecommunication towers without regard to the height limits of the applicable zoning district, subject to the following: A. All telecommunication facilities shall be permitted only in conformance with a development plan approved either in conjunction with or subsequent to the approval of the conditional use permit; and B. All towers, antennae, and other telecommunication facilities shall meet or exceed all standards and requirements of the Federal Communication Commission (FCC), Federal Aviation Administration (FAA), and any other agency of the state or federal governments, as well as the City’ s building, electrical, mechanical, and any other applicable codes.

2.

Accessory uses permitted that may be approved as part of a conditional use permit include telecommunication towers serving only the needs of a principal permitted use on the same lot without regard to the height limits of the applicable zoning district. d. Bulk Regulations.

1.

Height. The maximum height that may be approved for a telecommunication tower as part of a conditional use permit is 200 feet, except that a tower with a height up to 250 feet may be approved by the City Council if it is determined that the increased height of the tower: A. Will not be detrimental to the public health, safety, or general welfare; B. Will not have a substantial negative effect upon neighboring properties; C. Is in conformity with the intent and purpose of this Code and the Comprehensive Plan; and D. Does not alter the obligation to comply with other applicable laws or regulations.

2.

Setbacks.

A. Telecommunication towers shall be set back the greater distance of: i.

The setback requirements of the underlying district; ii.

200 feet from any residential district or use; iii.

25 percent of the height of the tower; or Ǥ ϐ designer of the structure.

B. Guy wire anchors and accessory structures shall not encroach into the required setbacks for principal structures in the underlying district. e. Parking Requirements.

1.

One parking and loading space shall be required to serve a telecommunication tower site; and 2.

If the site is more than 100 feet from a paved road, hard-surfacing of parking and loading spaces and driveways shall not be required for those portions of the site lying more than 100 feet from any paved road. f. Tower Design.

1.

All telecommunication towers shall meet or exceed current published EIA/ TIA structural standards and shall have adequate load-bearing capacity to carry the antennas of three similar providers; 2.

Lattice-work trussed or guy-wired towers may be allowed in the BP and GI Districts. Free-standing, monopole tower structures shall be allowed in any base district, but lattice work or guy-wired towers may be approved by the City Council as part of the development plan required for approval of a conditional use permit if they determine that the type of tower construction: A. Will not be detrimental to the public health, safety, or general welfare; B. Will not have a substantial negative effect upon neighboring properties; C. Is in conformity with the intent and purpose of this Code and the Comprehensive Plan; and D. Does not alter the obligation to comply with other applicable laws or regulations. ͵Ǥ Ȁ ϐ to reduce the visual impact of the structure. g. Lighting. Telecommunication towers shall only be illuminated as required by the Federal Communication Commission (FCC) and/or the Federal Aviation Administration (FAA). Security lighting around the base of a tower must be shielded so that no light is directed towards adjacent properties or rights-of-way. h. Screening. An opaque screen that is at least eight feet in height must surround the base of a telecommunication tower. The screening should also include landscaping provisions for any portions of the development visible from an adjacent residential district or use or public rights-of-way. The use of barbed wire or other security ϐ Ǥ Screening requirements may be waived if the design of the tower is found to be compatible with the adjacent land uses. i. Removal of Abandoned Towers. A tower that is not used for a period of 12 consecutive months, or that has not been inspected pursuant to Item 10 below, shall be considered abandoned, and the owner shall remove the tower from the property within 90 days of receipt of notice from the Administrator. An abandoned tower that is not removed within the 90 day period is a public nuisance, and the City shall take actions to abate the nuisance by removal and assess the costs thereof to the property. j. InspectionsǤ ϐ tion service once every 36 months by the owner, operator, or a representative to assess the structural condition of the tower and support equipment. An inspection ϐ Ǥ quired report shall certify that the tower continues to meet or exceed the current published EIA/TIA structural standards and is in sound and safe operating condition.

height allowed by the district in which it is proposed to be located are allowed, provided they are set back from all property lines a distance of two feet for every one foot in height.

5. Access, Circulation, and Parking. a. Access shall be provided by a collector or arterial street; b. The street from which access is taken must have the capacity to serve the event, including acceleration and deceleration lanes or personnel to manage ingress and egress to the site; c. Safe on-site vehicular and pedestrian circulation shall be provided, including: ͳǤ ϐ Ǣ 2.

Providing appropriate directional signage; ͵Ǥ ϐ Ǣ 4.

Maintaining full access to permanent uses on-site if they are operating during the temporary event, or emergency access to permanent uses on-site if they are not operating during the temporary event. d. Adequate sight distances for safe vehicular ingress and egress shall be maintained in ϐ ȋ Ȍ requirements. e. Parking shall be managed as follows: 1.

The number of parking spaces available for the temporary uses shall be ϐ ǡ ʹǤʹͷ vehicle; 2.

Parking shall be provided on-site or within 300 feet of the boundaries of the site, except that parking is not allowed within 300 feet of a single-family residential use; 3.

Parking shall be in improved, striped hard surface spaces, either in a parking lot or on-street; 4.

Truck parking areas shall be provided to service the event and provide for storage of trucks and trailers that will remain on-site, which shall be on-site and on an improved hard surface; and 5.

Parking on grass/unpaved areas is allowed provided: A. The applicant has a legal right to use the land proposed for the parking area; B. The surface is reasonably level and compact; C. The parking area is located at least 100 feet from abutting residential property and 20 feet from public rights-of-way; D. Access to the parking area is not taken directly from collector or arterial roadways; and E. The applicant provides a guarantee as a condition of approval that the parking area will be restored to its pre-event condition after the event.

6. Noise Controls. Noise shall be controlled so that: a. The noise level at the nearest residential property line does not exceed 50 dBA after 10:00 p.m.; b. The noise level at the property line of the temporary use does not exceed 75 dBA for more than two hours per day; and c. The noise level at the property line of the temporary use does not exceed 85 dBA at any time. Generators, if used, shall be secured and set back at least 50 feet from all property lines.

7. Public Convenience and Litter Control. a. Adequate on-site restroom facilities shall be required to serve the expected attendance at the event a rate of one toilet and one urinal per 50 expected attendees. b. Trash containers and recycling bins shall be placed in convenient areas including: 1.

Near principal places of assembly; 2.

Near food and beverage vendors; 3.

Near restrooms; and 4.

At entry and exit points. c. All litter generated by the event shall be removed, at no expense to the City, within 24 hours after the closing on the last day of the event. Litter clean up shall extend into the adjoining public rights-of-way.

8. Frequency and Duration. The maximum frequency and duration of temporary events is set out in Table 25.02.210, Frequency and Duration of Public and Commercial Events. The numbers in the table displayed as 4/12, for instance, refer to the maximum number of events and days (E/D) that are allowed per calendar year.

9. Conditions of Approval. Additional conditions may be imposed if deemed necessary to ensure land use compatibility or minimize potential adverse impacts on neighboring properties, public streets, or the City. These may include, but are not limited to, the following: Ǥ ϐ Ǥ b. Posting of a performance bond to ensure clean up and removal of signage (see Section 4.14.050, Licenses - Fees and Performance Bond, of the Municipal Code) c. Arrangements satisfactory to the City for the provision of special or extraordinary ser ǡ ϐ ǡ is needed to ensure safe operation of the use or event. d. The provision of a commercial general liability insurance policy, written on an occurrence basis for bodily injury, personal injury, property damage, and produce liability, with a minimum limit of liability of $1,000,00.00 per occurrence and with a $2,000,00.00 aggregate. Additional endorsements may be required for events with alcoholic beverages. In certain instances, the event producer may be required to list the City as an additional insured. ^ĞĐ͘ Ϯϱ͘ϬϮ͘ϮϮϬ EĞŝŐŚďŽƌŚŽŽĚ ǀĞŶƚƐ

^h , Wd Z Ϯϱ͘ϬϮͲ d DWKZ Zz h^ ^

ϐ 25.02.200, Temporary Uses, as limited (“L”) or conditional (“C”). Individual garage sales do not require a permit, but shall comply with the standards of this Section. Permitted uses of public parks (e.g., reserved facilities) are not regulated by this Section.

1. Generally. The neighborhood event shall demonstrate compliance with Section 25.02.210, Public and Commercial Events, Item 6, Noise Controls and Item 7, Public Convenience and Litter.

2. Restrictions. Generally, neighborhood events shall not be held on lots that are used for singlefamily detached or single-family attached residential purposes. However, with consent of the property owners, neighborhood garage sales and block parties may include lots used for single-family detached or single-family attached purposes.

3. Frequency and DurationǤ ϐ events per year with a cumulative duration of no more than 10 days.

4. Location. a. Merchandise, structures, and displays shall not be placed in public rights-of-way, including sidewalks. b. The location of special events shall be indicated on the temporary use permit.

5. Access, Circulation, and Parking. The following standards apply to neighborhood events, excluding individual garage sales: a. Adequate sight distances for safe vehicular ingress and egress shall be maintained, in ϐ ȋ Ȍ standards. Ǥ Ǧ Ǧ ǡ ϐ be provided that demonstrates: ͳǤ ϐ around the event; 2.

How property owners will access their property, or written consent of property owners whose access will be limited during the event; 3.

Where vehicles related to the conduct of the event will park; 4.

Where vehicles of guests of the event will park and how many spaces will be provided; and 5.

The location of remote parking facilities, if used, and the operational plan for transporting people from the remote parking to the event. c. The event shall not obstruct safe vehicular and pedestrian circulation, nor obstruct access by emergency service providers. d. Parking on grass/unpaved areas is allowed, provided: 1.

The applicant has a legal right to use the land proposed for the parking area; 2.

The surface is reasonably level and compact; 3.

The parking area is located at least 100 feet from abutting residential property and 20 feet from public rights-of-way; 4.

Access to the parking area is not taken directly from collector or arterial streets; and 5.

The applicant provides a guarantee as a condition of approval that the parking area will be restored to its pre-event condition after the event.

6. Signs and Lighting. Signs and lighting shall comply with the requirements of this Code.

7. Conditions of Approval. Additional conditions may be imposed if deemed necessary to ensure land use compatibility or minimize potential adverse impacts on neighboring properties, public streets, or the City. These may include, but are not limited to, the following: Ǥ ϐ Ǥ b. Posting of a performance bond to ensure clean up and removal of signage. c. Arrangements satisfactory to the City for the provision of special or extraordinary ser ǡ ϐ ǡ is needed to ensure safe operation of the use or event. d. The City may refuse to issue a permit if the event is too large to be safe for the site, neighborhood, street, or other infrastructure, or may place limits on attendance to ensure it can be properly managed.

^ĞĐ͘ Ϯϱ͘ϬϮ͘ϮϬϬ 'ĞŶĞƌĂů ^ƚĂŶĚĂƌĚƐ

^ĞĐ͘ Ϯϱ͘ϬϮ͘ϮϯϬ ŽŶƐƚƌƵĐƟŽŶ͕ ^ƚŽƌĂŐĞ͕ ĂŶĚ ZĞĨƵƐĞ ŽůůĞĐƟŽŶ hƐĞƐ

Set out in Table 25.02.200, Temporary Uses, is the temporary uses that are permitted by right (allowed), allowed subject to special standards (limited) or processes (conditional), and not allowed (prohibited) in each district.

The standards of this Section apply to temporary construction, storage, and refuse collection uses ϐ 25.02.200, Temporary Uses, as limited (“L”) or conditional (“C”).

1. Location and Operations. The location, hours of use, operational limitations, and duration of use are set out in Table 25.02.230, Temporary Construction, Storage, and Refuse Collection Uses.

^ĞĐ͘ Ϯϱ͘ϬϮ͘ϮϭϬ WƵďůŝĐ ĂŶĚ ŽŵŵĞƌĐŝĂů ǀĞŶƚƐ ϐ 25.02.200, Temporary Uses, as limited (“L”) or conditional (“C”).

1. Compliance with City Laws and Regulations. All public and commercial events shall comply with the provisions of Title 4, Business Regulations and Licensing, of the Municipal Code.

2. Restrictions. Commercial events, including outdoor, seasonal, sidewalk, and truckload sales, are allowed only as an accessory use to the principal commercial retail use.

3. Location and General Site Requirements. a. Provided the site is large enough to accommodate the expected attendance in a manner that is safe for the site, street, or other infrastructure, the minimum site areas are as follows: 1.

If the expected peak attendance is less than 1,500 people, the minimum site area is three acres; and 2.

If the expected peak attendance is more than 1,500 people, the minimum site area is 10 acres. b. All commercial events shall be set back at least 30 feet from public rights-of-way and 75 feet from residential districts or uses. c. Commercial events: 1.

Are allowed only in areas that are designated on an approved site plan; and 2.

Shall be located only on an improved hard surface.

4. Ǥ a. Temporary buildings shall comply with the height restrictions of the district in which the building is proposed to be located. b. Temporary structures ȋ Ǥ Ǥǡ Ǧ ϐ Ȍ

2. Sanitary Facilities. Restroom facilities shall be provided for operations of concrete and asphalt batching operations and for users of temporary construction buildings (except when used exclusively for storage).

3. Ǥ The City Engineer shall review all applications for concrete and asphalt batching operations to make a recommendation to the Administrator regarding compliance with the standards to this Section. Where this use is indicated as a conditional use in Table 25.02.200, Temporary Uses, the Administrator shall refer the recommendation to the Commission with the staff report and recommendations on the application. The standards include: a. The applicant shall provide a written agreement and advanced surety in the amount of 125 percent of the estimated site restoration cost to ensure complete site restoration upon the facility’s dismantling or revocation of the permit, plus the estimated road restoration/replacement costs along anticipated principal truck routes. This amount shall be approved by the City Engineer. b. If deemed necessary by the City Engineer, the property access shall be controlled by ϐ Ȁ ǯ Ǥ

ϐ ϐ sive. c. All electric and lighting facilities shall be submitted to the City Engineer prior to installation. d. Maximum noise level shall not exceed 60 dBA at the nearest property line.

4. Ǥ Approvals may be extended upon demonstration of good cause, appropriate maintenance, extension of any surety, and diligent pursuit of the purposes for which the temporary construction or storage uses were established. All applications for renewal of a tempo-

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rary use permit issued pursuant to this Section shall be submitted to the Administrator at least 10 working days before the expiration of the permit. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜ĎŽĎ°ĎŹ Ĺ˝ĹľĹľÄžĆŒÄ?Ĺ?Ä‚ĹŻ KĆľĆšÄšĹ˝Ĺ˝ĆŒ ^Ä‚ĹŻÄžĆ? ǀĞŜƚĆ? Š‡ •–ƒÂ?†ƒ”†• ˆ‘” –Š‹• ‡…–‹‘Â? ƒ’’Ž› –‘ –‡Â?’‘”ƒ”› —•‡• –Šƒ– ƒ”‡ •’‡…‹Ď?‹‡† ‹Â? ƒ„Ž‡ 25.02.200, Temporary Uses, as limited (“Lâ€?) or conditional (“Câ€?).

1. Generally. Commercial outdoor sales events may be held in the parking lot or pervious areas of the site that are on a lawn. Such sales may be special events or regular sales and are governed differently.

2. Frequency and Duration. Commercial outdoor sales events, including those listed below, shall be limited to that set out in Table 25.02.210, Frequency and Duration of Public and Commercial Events.

3. Weekend Sales. These are sales by an established retail business that occupies the principal building on the premises, having a display area limited to 300 square feet and staffed by a single person at any time. Such events are limited to Friday afternoons and weekends with opening after 9:00 a.m. and closing prior to 8:00 p.m. The location must have adequate parking to accept the ƒ††‡† …—•–‘Â?‡” –”ƒˆĎ?‹…Ǥ —…Š ‡˜‡Â?–• ƒ”‡ Ž‹Â?‹–‡† –‘ ͳͲ †ƒ›• ’‡” ͳʹ Â?‘Â?–Š ’‡”‹‘†Ǥ 4. ’‡…‹ƒŽ ƒŽ‡• ˜‡Â?–•Ǥ Special sales events include truckload sales, tent sales, or other special sales, including seasonal sales (e.g., pumpkin patches and Christmas tree sales), but not including ’‡”Â?ƒÂ?‡Â?– Ď?Ž‡ƒ Â?ƒ”Â?‡–•Ǥ ‘” •–‘”‡• ™‹–Š ”‡‰—Žƒ” ‰ƒ”†‡Â? ’”‘†—…–•ǥ –Š‡ ‘—–†‘‘” •ƒŽ‡• ƒ”‡ƒ •ŠƒŽŽ „‡ part of the overall site plan, not a temporary sales event, even though it may be inactive part of the year. a. There may be a total of three such events per year with a total length of six weeks. b. The use shall have a minimum site area of 30,000 square feet for a freestanding use or one acre for a shopping center. …Ǥ Â? Â?‘ ‡˜‡Â?– •ŠƒŽŽ Â?‘”‡ –ŠƒÂ? Ď?‹˜‡ ’‡”…‡Â?– ‘ˆ –Š‡ ’ƒ”Â?‹Â?‰ Ž‘– „‡ —•‡†Ǥ Š‡ ƒ’’Ž‹…ƒÂ?– •ŠƒŽŽ demonstrate that the area of parking remaining meets the requirements of this Code for the principal useÇĄ ƒÂ?† –Šƒ– •—ˆĎ?‹…‹‡Â?– ’ƒ”Â?‹Â?‰ ‹• ’”‘˜‹†‡† ˆ‘” –Š‡ ƒ††‹–‹‘Â?ƒŽ demand generated by the sales event. d. If the site has a conforming bufferyard, the sale need have no additional setback. If there is no bufferyard, then it shall have a minimum 50 foot setback from rights-of-way ƒÂ?† ’”‘’‡”–› Ž‹Â?‡•Ǥ Š‡ ‘™Â?‡” •ŠƒŽŽ „‡ Â?‘–‹Ď?‹‡† –Šƒ– ‹ˆ –Š‡ •ƒŽ‡• ƒ”‡ –‘ …‘Â?–‹Â?—‡ǥ ƒ site plan needs to be submitted that shows the installation of a buffer and trees to conform to this Code. The owner shall have two years to bring the property into conformance. If it is not brought into conformance, no additional sales shall be permitted. e. On-site permanent or temporary restroom facilities are provided. f. On-site solid waste container services are provided. ‰Ǥ Š‡ ƒ’’Ž‹…ƒÂ?– Šƒ• ƒ ˜ƒŽ‹† ‘™ƒ •ƒŽ‡• –ƒš …‡”–‹Ď?‹…ƒ–‡ ‘” ’”‘‘ˆ ‘ˆ –ƒš ‡š‡Â?’–‹‘Â?Ǥ h. The permit for the use is displayed in a prominent location on the site.

5. Farmer’s Market. A farmer’s market may be established by the City on property leased or owned by the City or by a land owner on private property meeting the requirements of this Section and other City ordinances.

6. Truckload Sales. Truckload sales shall only be permitted when hosted by a shopping center as a center-wide event, where the owner or operator of the center has submitted a plan for the location and types of merchandise to be sold.

7. Sidewalk Sales. Individual businesses may hold sidewalk sales without an individual permit ‘Â? •ƒŽ‡• ‡˜‡Â?– †ƒ›• ™Š‡Â? ‡•–ƒ„Ž‹•Š‡† „› –Š‡ ‹–› ˆ‘” •’‡…‹Ď?‹… ™‡‡Â?‡Â?†• ‘” ™‡‡Â?•ǥ ƒÂ?†Ȁ‘” –Š‡› Â?ƒ› apply for an individual permit, subject to the following standards: a. There shall be four feet of unobstructed sidewalk width during the sales event. b. City-approved sales events shall not count against individual events. c. In no event shall more than two percent of the parking lot be used for the display of merchandise. The applicant shall demonstrate that the area of parking remaining Â?‡‡–• –Š‡ ”‡“—‹”‡Â?‡Â?–• ‘ˆ –Š‹• ‘†‡ ˆ‘” –Š‡ ’”‹Â?…‹’ƒŽ —•‡ǥ ƒÂ?† –Šƒ– •—ˆĎ?‹…‹‡Â?– ’ƒ”Â?ing is provided for the additional demand generated by the sales event. d. Each shopping center is permitted four temporary use permits per year. Each permit shall terminate after 72 hours from initiation of the sale. e. On-site temporary restroom and solid waste container facilities are provided. ˆǤ Š‡ ƒ’’Ž‹…ƒÂ?– Šƒ• ƒ ˜ƒŽ‹† ‘™ƒ •ƒŽ‡• –ƒš …‡”–‹Ď?‹…ƒ–‡ ‘” ’”‘‘ˆ ‘ˆ –ƒš ‡š‡Â?’–‹‘Â?Ǥ g. The permit for the use is displayed in a prominent location on the site.

c.

^h , Wd Z ĎŽĎąÍ˜ĎŹĎŽÍ˛& ^^KZz h^ ^ E ^dZh dhZ ^ Sec. 25.02.250 Purpose —–Š‘”‹œƒ–‹‘Â? ƒÂ?† Ž‹Â?‹–ƒ–‹‘Â? ‘ˆ •’‡…‹Ď?‹… ƒ……‡••‘”› —•‡• ƒÂ?† •–”—…–—”‡• ‹Â? ƒ’’”‘’”‹ƒ–‡ œ‘Â?‡• ‹• ”‡“—‹”‡† –‘ ƒ……‘Â?Â?‘†ƒ–‡ •—„•‹†‹ƒ”› ƒ…–‹˜‹–‹‡• ™‹–Š •—ˆĎ?‹…‹‡Â?– ‹Â?’ƒ…– –‘ ”‡“—‹”‡ ’—„Ž‹… ”‡‰—Žƒ–‹‘Â? ƒÂ?† having such a relationship to certain principal uses as to require accommodation within the same zone. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜ĎŽĎ˛ĎŹ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ Accessory uses and structures are permitted in any district in connection with any principal use lawfully existing within such district when located in the same district as the principal use or in an adjoining district in which the principal use is permitted.

d.

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜ĎŽĎłĎŹ Ä?Ä?ÄžĆ?Ć?Ĺ˝ĆŒÇ‡ Ç ÄžĹŻĹŻĹ?ĹśĹ? hĹśĹ?ĆšĆ?

1. Generally. Accessory dwelling units (ADUs) are permitted only according to the standards of this Section.

2. Accessory Dwelling Unit Types. For the purposes of this Code, there are two types of ADUs permitted in the City (See Figure 25.02.270, Illustrative ADU Types): a. Integrated Units are those units that are created within or attached to an existing principal building such that they appear to be a fully integrated part of the building; and b. Two-Story ADU Buildings are one-and-one-half story or two-story buildings that contain an accessory dwelling unit, which is usually located above a detached garage. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŽÍ˜ĎŽĎłĎŹ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ 3. Permitted Locations. Accessory dwelling units are allowed as set out in Table 25.02.270, Districts and ADU Types. Accessory dwelling units are: a. Not allowed in districts that are not listed in this table. b. Not allowed on lots that are less than 7,000 square feet. c. Only allowed as an accessory to single-family detached principal buildings.

4. Conversion of Garages. Garages shall not be converted into accessory dwelling units, unless: a. If a one car garage is converted, at least one replacement garage space is provided elsewhere on the lot; or b. If a two or more car garage is converted, at least two replacement garage spaces are provided elsewhere on the lot.

5. Permitted Neighborhood Types. Accessory dwelling units may be constructed in standard, cluster, and planned neighborhoods, as well as traditional neighborhood developments, subject to the standards of this Section.

6. Density Calculations. The accessory dwelling units are exempted from the calculation as a dwelling unit when determining the maximum density set out in Subsection 25.03.030.1, Development Standards.

7. †‡Â?–‹Ď?‹‡† ƒ– ‹Â?‡ ‘ˆ —„†‹˜‹•‹‘Â?. At the time of preliminary subdivision, the applicant shall identify the subdivision as being one that will allow for accessory dwelling units. This provides an opportunity for the City to review the plat on the basis of having integrated or two-story ADUs. A note shall be placed on the face of the plat and all lot plans indicating that the subdivision permits accessory dwelling units.

e.

f.

8. Number. No lot or record shall contain more than one accessory dwelling unit.

9. —Ž� ƒ�† ‡•‹‰� –ƒ�†ƒ”†•. a. Integrated Units.

1.

Integrated units shall not occupy more than 25 percent of the ‰”‘•• Ď?Ž‘‘” area of the principal building. ʹǤ

Â?–‡‰”ƒ–‡† —Â?‹–• •ŠƒŽŽ Â?‘– ‹Â?˜‘Ž˜‡ †‡•‹‰Â? Â?‘†‹Ď?‹…ƒ–‹‘Â?• –‘ –Š‡ ‡š–‡”‹‘” ‘ˆ the principal building that make their presence known or apparent. Where the principal building is expanded to accommodate the integrated unit, the expansion shall be designed, clad, painted, and roofed in a manner that matches or is comparable to the principal building.

3.

Where exterior doors provide direct access to the integrated unit, such †‘‘”• •ŠƒŽŽ „‡ †‡•‹‰Â?‡†ǥ ÂŽÂ‘Â…ÂƒÂ–Â‡Â†ÇĄ ƒÂ?† …‘Â?Ď?‹‰—”‡† ‹Â? ƒ Â?ƒÂ?Â?‡” –Šƒ– ‹• –›’‹…ƒŽ for secondary access to a single-family dwelling.

4.

Setbacks for integrated units are the same as for the principal building, as set out in Subsection 25.03.030.3, Lot and Building Standards. b. Two-story ADUs. 1.

ADU in a two-story building shall not exceed 600 square feet. For the pur’‘•‡• ‘ˆ –Š‹• •–ƒÂ?Â†ÂƒÂ”Â†ÇĄ Dz‰”‘•• Ď?Ž‘‘” ÂƒÂ”Â‡ÂƒÇł Â?‡ƒÂ?• ƒŽŽ ‡Â?…Ž‘•‡† ƒ”‡ƒ ™‹–Š ƒ Ď?Ž‘‘”nj–‘nj…‡‹Ž‹Â?‰ Š‡‹‰Š– ‘ˆ ƒ– Ž‡ƒ•– ͚Ǥ͡ ˆ‡‡–Ǥ 2.

The height of a two-story ADU building shall not exceed: A. 13 feet to the wall plate; and B. 24 feet to the ridge.

10. Transitions. Plans for accessory dwelling units shall provide means for protecting adjoining land that is used or zoned for residential purposes from any impacts of the additional density and design of the unit. Increased bufferyard opacity, landscaping, setbacks from the adjoining home(s), or prohibiting the lots that abut the site boundary from having accessory dwelling units may be required by the City.

11. Parking. a. Use of tandem parking to meet this requirement is allowed; however, only one tandem space is allowed per lot.

12. Required Outdoor Area. Lots that are developed with ADUs shall include a usable outdoor area of at least 1,000 square feet, located behind the principal dwelling unit.

13. Additional Requirements in SR, GR, and UR districts. a. There will be no parking within the front or corner side yards other than on a driveway with a maximum width of 14 feet; b. A Type B bufferyard is required along the boundary of the proposed development if all of the following conditions exist: 1. are allowed on lots along the boundary; and 2.

The abutting development is single-family residential development. c. The bufferyard requirement is not required if: 1.

The boundary is an alley; and 2.

ADUs are allowed on the lots on the other side of the alley.

14. Additional Requirements in the NC districts. a. Integrated units shall demonstrate the following: ͳǤ Š‡”‡ ‹• ‡‹–Š‡” ƒ†‡“—ƒ–‡ ’ƒ”Â?‹Â?‰ ƒŽ”‡ƒ†› ‘Â?nj•‹–‡ ‘” •—ˆĎ?‹…‹‡Â?– ”‘‘Â? ‘Â?nj•‹–‡ to accommodate the required additional parking without encroaching into the required yards; and 2.

There will be no parking within the front or corner side yards other than on a driveway with a maximum width of 14 feet. b. Two-story ADU buildings shall demonstrate conformance with the standards of Item 12, above.

15. Utilities. ADUs shall not be provided with utilities that are metered or billed separately from the principal building.

16. Addressing. ADUs shall have a single address for both the principal and accessory dwellings. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜ĎŽĎ´ĎŹ WÄžĆŒĹľĹ?ƊĞĚ Ä?Ä?ÄžĆ?Ć?Ĺ˝ĆŒÇ‡ hĆ?ÄžĆ?Í• ĆľĹ?ĹŻÄšĹ?ĹśĹ?Ć?Í• ĂŜĚ ^ĆšĆŒĆľÄ?ĆšĆľĆŒÄžĆ?

1. Generally. Accessory uses and accessory buildings and structures include, but are not limited to, those set out in this Section.

2. Limitations. All accessory uses, structures and buildings shall comply with the use limitations applicable in the district in which they are located.

3. Timing. No accessory structure or use shall be constructed or established on any lot prior to the time of the substantial completion of the construction of the principal structure to which it is accessory.

4. ‡”Â?‹––‡† ……‡••‘”› •‡•ǥ —‹Ž†‹Â?‰•ǥ ƒÂ?† –”—…–—”‡•. a. All Districts. ͳǤ —‹Ž†‹Â?‰ Â?ƒÂ?ƒ‰‡Â?‡Â?– ‘ˆĎ?‹…‡• ™Š‡Â? Ž‹Â?‹–‡† –‘ –Š‡ Â?ƒÂ?ƒ‰‡Â?‡Â?– ‘ˆ –Š‡ building, or a complex of buildings forming an integrated development, in ™Š‹…Š •—…Š ‘ˆĎ?‹…‡ ‹• Ž‘…ƒ–‡†Ǥ 2.

Fallout and storm shelters, provided they shall not be used for any principal use or accessory use that is not permitted in the district in which it is located.

3.

Solar arrays and their condensers and energy storage, as set out in Subsection 25.03.080.4, Solar Arrays.

4.

Telecommunication antennas on existing structures, such as water towers, telecommunication towers, and utility poles.

5.

Telecommunication towers up to the maximum height allowed in the district that it is permitted, as set out in Table 25.02.130, Agricultural, Industrial, Utility, and Communication Uses. b. Agriculture (AG) District.

1.

Country clubs associated with golf courses that may or may not sell alcohol. ʹǤ ˆĎ?‹…‡• –Šƒ– ƒ”‡ ‹Â?…‹†‡Â?–ƒŽ –‘ ƒÂ?† Â?‡…‡••ƒ”› ˆ‘” …‘Â?†—…–‹Â?‰ ƒ ’‡”Â?‹––‡† —•‡Ǥ 3.

Private stables, corrals, and paddocks when located no closer than 50 feet from street right-of-way and no closer than 40 feet from any dwelling on the same or adjoining lot (also allowed as an accessory use in the NC-1 and Rural Residential district): A. No horse or other equine shall be kept on a lot of less than one acre in area; B. No more than two horses or other equines may be kept on a one acre lot; and C. For lots greater than one acre in size, each additional horse re-

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F03.23.15

quires an additional 20,000 square feet of lot area.

Roadside stands not exceeding 400 square feet in ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒ and used for the purpose of selling agricultural products grown on the premises and located outside of all street rights-of-way, and also subject to the standards set out in Section 25.02.200, Public and Commercial Events.

5.

Telecommunication facilities, amateur radio antennas, or similar devices that do not exceed 60 feet in height. Such facilities, antennas, or devices that exceed 60 feet in height are subject to the procedures and standards set out in Section 25.02.180, Agricultural, Industrial, Utility, and Communication Use Standards.

Suburban Residential (SR), General Residential (GR), and Urban Residential (UR) Districts, as well as the Neighborhood Conservation (NC) Sub-districts.

1.

Child’s playhouse, gazebo, pavilion, or similar structure.

2.

Golf courses, swimming pools, tennis courts, and clubhouses when designed and operated within an authorized planned neighborhood.

3.

Keeping of dogs, cats and other household pets, but limited to three such animals in these districts.

4.

Outdoor storage within the rear yard, provided the lot is not a doublefrontage lot, of no more than one boat and boat trailer, pickup camper top, travel trailer, or recreational vehicle, provided: A. It shall not be connected to electric, water, or wastewater utilities except as necessary for maintenance purposes; B. It shall not be used for living, sleeping or housekeeping purposes; and C. It may be parked in a lawful driveway when in immediately usable condition and during the normal use season.

5.

Private garages, parking lots, loading docks and driveways.

6.

Private residential clubhouse that is accessory to a multiple-family development and limited to use by occupants and guests provided that: A. The minimum lot size is one acre; B. There shall be no sleeping facilities other than those for one caretaker or manager and his/her family; and C. Accessory restaurants, cocktail lounges, and game rooms are permitted if open only to resident members and members’ guest.

7.

Private swimming pool and bathhouse that is accessory to a residential dwelling and limited to use by the occupants and guests of the dwelling, provided that: A. The swimming pool, or the entire property on which it is located, shall be walled or fenced to prevent uncontrolled access to the swimming pool; and Ǥ ‹š‡† Ž‹‰Š–‹Â?‰ Ď?‹š–—”‡• •ŠƒŽŽ „‡ ƒ””ƒÂ?‰‡† •‘ ĥ –‘ ’”‡˜‡Â?– ‰Žƒ”‡ ‘ˆ beams onto any adjacent property, as set out in Division 25.05-D, Exterior Lighting (Reserved), or as otherwise required by the City. ͺǤ ‡–ƒ‹Ž •–‘”‡•ǥ Â•Â‡Â”Â˜Â‹Â…Â‡Â•ÇĄ ƒÂ?† ‘ˆĎ?‹…‡• ˆ‘” ‡Ž†‡”Ž› Š‘—•‹Â?‰ „—‹Ž†‹Â?‰• ‘” …‘Â?plexes when designed and intended solely for the use and needs of the residents.

A. Commercial uses oriented to the general public by way of the means of ingress, signage, or nature of business are prohibited; and Ǥ Š‡ ƒ‰‰”‡‰ƒ–‡ ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒ †‡˜‘–‡† –‘ •—…Š …‘Â?Â?‡”…‹ƒŽ —•‡• •ŠƒŽŽ Â?‘– ‡š…‡‡† ͳͲ ’‡”…‡Â?– ‘ˆ –Š‡ ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒ †‡˜‘–‡† –‘ –Š‡ residential use.

9.

Roof-mounted telecommunication towers and antennas, subject to the following restrictions: A. The height of the tower shall not be more than 25 percent of the height of the building; B. The combined height of the tower and building shall not exceed the maximum height allowed in the zoning district; and C. The tower and any supports shall be set back from the edge of the roof at least as far as the height of the tower above the roof.

10.

Storage structure that is incidental to a permitted use, provided that such accessory storage structure shall not exceed 150 square feet in ‰”‘•• Ď?Ž‘‘” area.

11.

Structure to store personal property or to enclose a hobby or a home occupation in conformance with the standards set out for home businesses and home occupations in Section 25.02.130, Agricultural, Industrial, Utility, and Communication Uses Standards.

12.

Tennis courts accessory to a residential dwelling and limited to use by –Š‡ ‘……—’ƒÂ?–• ƒÂ?† ‰—‡•–• ‘ˆ –Š‡ †™‡ŽŽ‹Â?‰ǥ ’”‘˜‹†‡† –Šƒ– ƒÂ?› ƒÂ?† ƒŽŽ Ď?‹š‡† Ž‹‰Š–‹Â?‰ Ď?‹š–—”‡• •ŠƒŽŽ „‡ ƒ””ƒÂ?‰‡† •‘ ĥ –‘ ’”‡˜‡Â?– ‰Žƒ”‡ ‘ˆ „‡ƒÂ?• ‘Â?–‘ any adjacent property, as set out in Division 25.05-D, Exterior Lighting (Reserved), or as otherwise required by the City.

Mixed Use (MU), Suburban Commercial (SC), General Commercial (GC), and Casino Entertainment (CE) Districts.

1.

Structure for storage that is incidental to a permitted use, provided that such accessory storage structure shall not exceed 10 percent of the building coverage of the principal building.

2.

Structures built to house accessory uses when the primary use of the property does not normally occur within a building provided the Board of Adjustment determines that: A. The outdoor use will be long term; B. It is unlikely that the structure will be used for a use not associated with the property’s principal use; and C. The structure will not be a detriment to the neighborhood.

3.

Vending machines.

Business Park (BP) and General Industrial (GI) Districts. ͳǤ ‘Â?ƒ Ď?‹†‡ ™ƒ”‡Š‘—•‡ …Ž‡ƒ”ƒÂ?…‡ •ƒŽ‡• ƒ……‡••‘”› –‘ ƒ ’‡”Â?‹––‡† —•‡ǥ ’”‘vided: A. The sale does not exceed seven days of duration for any one sale event or a duration of 28 days in any one year period; and B. Sale merchandise is limited to the stocks normally stored in the principal use on the premises (e.g. the merchandise does not ‹Â?…Ž—†‡ ‹–‡Â?• –Šƒ– ƒ”‡ •Š‹’’‡† ‹Â? •’‡…‹Ď?‹…ƒŽŽ› ˆ‘” •—…Š …Ž‡ƒ”ƒÂ?…‡ sale).

2.

Factory outlet stores that are accessory to a permitted use, provided: Ǥ Š‡ •–‘”‡ †‘‡• Â?‘– ‡š…‡‡† ͡ǥͲͲͲ •“—ƒ”‡ ˆ‡‡– ‘ˆ ‰”‘•• Ď?Ž‘‘” ÂƒÂ”Â‡ÂƒÇ˘ and B. It is limited to the sale of surplus production manufactured by the principal use of the premises.

3.

Incinerators.

4.

Roof-mounted telecommunication towers and antennas, subject to the following restrictions: A. The height of the tower shall not be more than 25 percent of the height of the building; B. The combined height of the tower and building shall not exceed the maximum height allowed in the zoning district; and C. The tower and any supports shall be set back from the edge of the roof at least as far as the height of the tower above the roof.

5.

Structures built to house accessory uses when the primary use of the property does not normally occur within a building provided the Board of Adjustment determines that: A. The outdoor use will be long term; B. It is unlikely that the structure will be used for a use not associated with the property’s principal use; and C. The structure will not be a detriment to the neighborhood.

Public and Institutional (PI) District. Regarding recreation uses and facilities, accessory uses or activities shall be subordinate in area, extent, and purpose to the principal use, and shall be those which are customarily established in conjunction with the operation of permitted open spaces or recreation facilities, including, but not limited to, the sales of alcoholic beverages, food services, and sales and rental of equipment.

Airport Protection (AP) District. Accessory uses in the AP district include those facilities –Šƒ– ƒ”‡ ‹Â?…‹†‡Â?–ƒŽ –‘ –Š‡ Â?‘”Â?ƒŽ ‘’‡”ƒ–‹‘Â? ‘ˆ ƒÂ? ƒ‹”…”ƒˆ– ŽƒÂ?†‹Â?‰ Ď?‹‡Ž† ‹Â?…Ž—†‹Â?‰ǥ „—– not limited to, navigational aids, refueling facilities, parking and storage facilities, ƒÂ?† ‘ˆĎ?‹…‡•Ǥ •‡• –Šƒ– ƒ”‡ Â?‘– ‹Â?…‹†‡Â?–ƒŽ –‘ Â?‘”Â?ƒŽ ‘’‡”ƒ–‹‘Â?• ƒÂ?† Â–ÂŠÂ‡Â”Â‡ÂˆÂ‘Â”Â‡ÇĄ Â?‘– ƒ…cessory uses include, but are not limited to, general repair facilities and commercial and industrial operations, unless such facilities or operations are permitted uses in the primary zone.

4.

g.

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŽÍ˜ĎŽĎľĎŹ ^ƉĂÄ?Äž >Ĺ?ĹľĹ?ƚĂĆ&#x;ŽŜĆ? Ä¨Ĺ˝ĆŒ ÄžĆŒĆšÄ‚Ĺ?Ĺś Ä?Ä?ÄžĆ?Ć?Ĺ˝ĆŒÇ‡ ^ĆšĆŒĆľÄ?ĆšĆľĆŒÄžĆ?

1. Generally. Accessory structures shall comply with the space limits applicable in the district in which they are located, except that structures that are accessory to residential uses shall be subject to the requirements of this Section.

2. Standards. a. The aggregate ground coverage of all detached accessory structures shall not exceed: 1.

For single-family detached dwellings, 1,000 square feet or the ground coverage of the principal structure, whichever is less.

2.

For single-family attached and multiple-family dwellings, 500 square feet per dwelling unit.

3.

In the Agriculture (AG) Suburban Residential (SR) districts, the maximum aggregate lot coverage for principle and accessory structures is 10 percent of the lot. b. No accessory structure shall exceed 20 feet in height or the height of the principal building, whichever is less. c. No accessory structure shall be located within the front yard. d. No accessory structure shall be located closer than 15 feet to a street side yard or rear yard that is adjacent to a street right-of-way; e. On a corner lot, the accessory structure shall not be located closer than the required or existing front setback, whichever is less, of the abutting lot, and in no case, less than 15 feet. f. An accessory structure located entirely in the rear yard may be located within three feet of a side or rear lot line provided it is not adjacent to a street. ‰Ǥ Â? ƒ……‡••‘”› •–”—…–—”‡ –Šƒ– ‹• ’ƒ”–‹ƒŽŽ› Ž‘…ƒ–‡† ‹Â? ƒ •‹†‡ ›ƒ”† Â?ƒ› „‡ Ž‘…ƒ–‡† ™‹–Š‹Â? Ď?‹˜‡ feet of a side lot line along an alley if a wall, parallel and adjacent to the alley, contains a vehicle access doorway.

3. š…‡’–‹‘Â?. The front, side or rear setbacks set out in Items 2.c, 2.d, and 2.e above, may be reduced for steep slopes, as set out in Section 25.03.050, Height and Area Exceptions. , Wd Z ĎŽĎąÍ˜ĎŹĎŻ s >KWD Ed ^d E Z ^ ^h , Wd Z ĎŽĎąÍ˜ĎŹĎŻÍ˛ s >KWD Ed z/ > E >Kd ^d E Z ^ ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎ­ĎŹ WĆľĆŒĆ‰Ĺ˝Ć?Äž ĂŜĚ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ 1. Purpose.The purpose of this Division is to establish the standards for the character and scale, density (residential), and intensity (nonresidential and mixed use) of development that is allowed within each zoning district set out in Section 25.02.040, Zoning Districts.

2. Application. This Division establishes regulations for parcels proposed for development or redevelopment, which is organized for new and established residential neighborhoods, as well as nonresidential and mixed use development. a. New and Established Residential Neighborhoods. Set out in Section 25.03.020, Standards for Established Neighborhoods, and Section 25.03.030, Standards for New Neighborhoods, are the maximum density and lot and building standards for each residential district and neighborhood type. The maximum density varies according to the amount of open space provided in the development. Also, this Division describes Š‘™ „‘Â?—• †‡Â?•‹–› Â?ƒ› „‡ ”‡ƒŽ‹œ‡† ˆ‘” –Š‡ ’”‘˜‹•‹‘Â? ‘ˆ ‡Â?‡”‰› ‡ˆĎ?‹…‹‡Â?– Š‘—•‹Â?‰Ǥ b. Nonresidential and Mixed Use Development. Set out in Section 25.03.040, Standards for Nonresidential and Mixed Use DevelopmentÇĄ ‹• –Š‡ Â?ƒš‹Â?—Â? ‹Â?–‡Â?•‹–› Č‹Ď?Ž‘‘” ƒ”‡ƒ ratio) and lot and building standards for each district. Also set out in this Section is the limits on the scale of nonresidential development in residential and mixed-use †‹•–”‹…–•ǥ ĥ ™‡ŽŽ ĥ Š‘™ Ď?Ž‘‘” ƒ”‡ƒ „‘Â?—•‡• Â?ƒ› „‡ ”‡ƒŽ‹œ‡† ˆ‘” …‡”–‹Ď?‹‡† „—‹Ž†ings.

3. Limitations. Not all parcels proposed for development will be able to achieve the maximum density or intensity due to factors such as parcel geometry; physical conditions such as slopes, soils, ƒÂ?† Ď?Ž‘‘†’Žƒ‹Â?•Ǣ ‹Â?ˆ”ƒ•–”—…–—”‡ Ž‹Â?‹–ƒ–‹‘Â?•Ǣ ‘” ”‡•–”‹…–‹‘Â?• ‘Â? ’”‘’‘•‡† —•‡•Ǥ ……‘”†‹Â?‰Ž›ǥ –Š‡ ƒ’plication of the other standards of this Code may, in some cases, limit the development potential of a parcel to less than what is set out in this Division. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎŽĎŹ ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ? Ä¨Ĺ˝ĆŒ Ć?ƚĂÄ?ĹŻĹ?Ć?ŚĞĚ EÄžĹ?Ĺ?ĹšÄ?Ĺ˝ĆŒĹšĹ˝Ĺ˝ÄšĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎŽĎŹÍ˜Ď­ WĆľĆŒĆ‰Ĺ˝Ć?Äž The purpose of this Section is to: 1. General Standards. Establish general development standards for residential lots in the NC.1, NC. 2, NC. 3, NC.4, and NC.5 sub-districts, which apply to the following: a. Development of vacant lots; „Ǥ ‡˜‡Ž‘’Â?‡Â?– ‘ˆ ˜ƒ…ƒÂ?– –”ƒ…–• ‘ˆ ŽƒÂ?† –Šƒ– ƒ”‡ Ď?‹˜‡ ƒ…”‡• ‘” Ž‡••Ǣ c. Redevelopment of existing buildings; or d. Expansion of existing buildings in platted neighborhoods.

2. Alternate Standards. Establish alternative development standards for existing dwellings on existing residential lots located in the NC.1, NC. 2, NC. 3, NC.4, and NC.5 sub-districts, which apply –‘ ‡š’ƒÂ?•‹‘Â? ‘” ”‡…‘Â?Ď?‹‰—”ƒ–‹‘Â? ‘ˆ ‡š‹•–‹Â?‰ „—‹Ž†‹Â?‰• ™Š‡Â? –Š‡ ‡š’ƒÂ?•‹‘Â? ‘” ”‡…‘Â?Ď?‹‰—”ƒ–‹‘Â? ™‘—Ž† not comply with the standards set out in Table 25.03.020.3, Development Standards.

3. Design Standards. Building design standards are set out in 25.03.190.7, Neighborhood Conservation Design Standards. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎŽĎŹÍ˜ĎŽ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ 1. Application. This Item applies to development within the NC.1, NC. 2, NC. 3, NC.4, and NC.5 subdistricts, including those that are in: a. Compliance with Standards. New development, redevelopmentÇĄ ƒÂ?† „—‹Ž†‹Â?‰ Â?‘†‹Ď?‹…ƒtions or expansions that comply with the standards set out in Table 25.03.020.3, Development Standards, for the applicable sub-district are allowed in that sub-district.

7

b. Noncompliance with StandardsǤ ˆ ƒ ’”‘’‘•‡† „—‹Ž†‹Â?‰ Â?‘†‹Ď?‹…ƒ–‹‘Â? ‘” ‡š’ƒÂ?•‹‘Â? †‘ Â?‘– comply with the standards set out in Table 25.03.020.3, Development Standards, then the application shall be evaluated according to the alternative setback standards of 25.03.020.4, Alternative Standards.

2. ‘�ˆ‘”�‹�‰ ‘–• ƒ�† —‹Ž†‹�‰•. a. Buildings. All buildings that lawfully existed or were the subject of an active building permit on the effective date of this Code are “conforming� buildings with respect to the height and setback requirements set out in this Section if they are located in the NC.1, NC. 2, NC. 3, NC.4, and NC.5 sub-districts. However, this Item does not make the following buildings conforming: 1.

Buildings that were constructed without required permits; 2.

Buildings that were constructed in violation of permit requirements; 3.

Buildings that were razed and are proposed for reconstruction when not in conformance with the standards set out in Table 25.03.020.3, Existing Neighborhood Lot and Building Standards, or those of 25.03.020.4, Alternative Standards.

4.

Buildings that were constructed on substandard lots; 5.

Buildings that were permitted and originally constructed as a single-family detached dwelling and later converted to multiple-family units; and 6.

Buildings that were permitted and originally constructed as a single-family detached dwelling and later converted to a boarding home. b. Lots. All lots that lawfully existed on the effective date of this Code are “conforming� with respect to lot width and lot area if they are located in the NC.1, NC. 2, NC. 3, NC.4, and NC.5 sub-districts. The lot width and lot area requirements set out in Table 25.03.020.3, Development Standards, apply only to the subdivision or combination of existing lots or parcels within these sub-districts after the effective date of this Code. However, this Item does not make the following lots conforming: 1.

Lots that were originally platted as conforming lots and later split by a metes and bounds description into a substandard lot; and 2.

Substandard lots for which the holder of legal title is separate from the ownership of the originally platted and abutting lot. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎŽĎŹÍ˜ĎŻ ĞǀĞůŽƉžĞŜƚ ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

1. Generally. The standards of this Item are applied as a matter of right in the NC.1, NC. 2, NC. 3, NC.4, and NC.5 sub-districts. If an application does not comply with these standards, which are consistent with those of the equivalent districts, then the parts of the application that do not comply (e.g., setbacks) are evaluated according to the alternate development standards set out in 25.03.020.4, Alternative Standards. If parts of the application do not comply with either these standards of the alternative standards, then a variance may be sought.

2. Constrained Development. In certain locations, development density must be limited due to limited public water supply by reason of the distance from existing water mains, the land lies above an elevation of 1,270 feet, or the land is in a location that cannot be served by public water supply.

In these cases: a. Uses. Development may be allowed subject to the allowed, limited, and conditional uses applicable to the NC.1 sub-district or, if unplatted and undeveloped, the Suburban Residential (SR) district; b. StandardsǤ Š‡ •–ƒÂ?†ƒ”†• ˆ‘” –Š‡ Ǥͳ •—„nj†‹•–”‹…– ”‡Ď?Ž‡…–‡† ˆ‘” –Š‡ ‡“—‹˜ƒŽ‡Â?– †‹•–”‹…– ‘ˆ RE / R in Table 25.03.020.3, Existing Neighborhood Lot and Building Standards, shall apply; and c. Map Notation. Š‡ ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ ƒ’ •ŠƒŽŽ †‡Â?‘–‡ •—…Š ’”‘’‡”–‹‡• ™‹–Š –Š‡ †‡•‹‰Â?ƒ–‹‘Â? of NC.1 / R or SR / R, as applicable.

3. ‘– ƒÂ?† —‹Ž†‹Â?‰ –ƒÂ?†ƒ”†• ˆ‘” š‹•–‹Â?‰ •‡•Ǥ The front yard, interior side yard, street-side yard, and rear yard setbacks; building height, and building coverage ratio standards for the NC.1, NC. 2, NC. 3, NC.4, and NC.5 sub-districts are set out in Table 25.03.020.3, Existing Neighborhood Lot and Building Standards. Where alternative standards are set out in the table for individual subdistricts (e.g. NC.2, NC.3, NC.4 and NC.5), the lot areas, setbacks, and building coverage ratios that are prevailing in the immediate vicinity of a vacant lot or tract shall determine the applicability of the standards. For the purposes of this provision, “immediate vicinityâ€? refers to properties within the same sub-district that are within a distance of 660 feet from the subject lot or tract. Where difˆ‡”‡Â?– •‡–„ƒ…Â? •–ƒÂ?†ƒ”†• ƒ”‡ •’‡…‹Ď?‹…ƒŽŽ› •Š‘™Â? ‘Â? ƒÂ? ÂƒÂ’Â’Â”Â‘Â˜Â‡Â†ÇĄ ”‡…‘”†‡† Ď?‹Â?ƒŽ Â’ÂŽÂƒÂ–ÇĄ –Š‡Â? •–ƒÂ?†ƒ”†• that are shown on that plat shall supersede the corresponding setback standards in this table.

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎŽĎŹÍ˜Ď° ĹŻĆšÄžĆŒĹśÄ‚Ć&#x;ǀĞ ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

1. Generally. Š‹• –‡Â? ƒ’’Ž‹‡• ‘Â?Ž› –‘ Â?‘†‹Ď?‹…ƒ–‹‘Â?• ‘ˆ ‡š‹•–‹Â?‰ „—‹Ž†‹Â?‰•ǥ ™Š‡”‡ –Š‡ ’”‘’‘•‡† Â?‘†‹Ď?‹…ƒ–‹‘Â? ‹Â?˜‘Ž˜‡• ‡Â?…”‘ƒ…ŠÂ?‡Â?– ‹Â?–‘ ƒ •‡–„ƒ…Â? –Šƒ– ‹• ”‡“—‹”‡† „› ƒ„Ž‡ 25.03.020.3, Development StandardsÇĄ ‘” ƒ „—‹Ž†‹Â?‰ Â?‘†‹Ď?‹…ƒ–‹‘Â? –Šƒ– ‡š…‡‡†• –Š‡ Â?ƒš‹Â?—Â? ƒŽŽ‘™ƒ„Ž‡ „—‹Ž†‹Â?‰ …‘˜‡”ƒ‰‡Ǥ Â?› •’‡…‹Ď?‹… •‡–„ƒ…Â? ȋ‡Ǥ‰Ǥǥ front yard, interior side yard, street side yard, or rear yard) that complies with the table is not subject to further review under this Item.

2. —‹Ž†‹Â?‰ ‘” ‹–‡ Â?’”‘˜‡Â?‡Â?– ŽƒÂ? ‡“—‹”‡†. Development, redevelopment, and building Â?‘†‹Ď?‹…ƒ–‹‘Â?• ‘” ‡š’ƒÂ?•‹‘Â?• –Šƒ– ‹Â?˜‘Ž˜‡ –Š‡ ƒŽ–‡”Â?ƒ–‹˜‡ •–ƒÂ?†ƒ”†• ‘ˆ –Š‹• –‡Â? •ŠƒŽŽ •—„Â?‹– ƒÂ?† receive approval of a building or site improvement plan from the Administrator or Building and Inspections Administrator.

3. ‡Žƒ–‹‘Â?•Š‹’ –‘ ƒ”‹ƒÂ?…‡• ‘” ‹Â?‘” ‘†‹Ď?‹…ƒ–‹‘Â?•Ǥ Compliance with the standards of this Item is equivalent to compliance with the standards of 25.03.020.3, Development Standards, and ƒ’’”‘˜ƒŽ• Š‡”‡—Â?†‡” ƒ”‡ Â?‘– …‘Â?•‹†‡”‡† ˜ƒ”‹ƒÂ?…‡• ‘” ƒ ™ƒ””ƒÂ?– ˆ‘” Â?‹Â?‘” Â?‘†‹Ď?‹…ƒ–‹‘Â?•Ǥ ƒ”‹ƒÂ?…‡• ‘” Â?‹Â?‘” Â?‘†‹Ď?‹…ƒ–‹‘Â?• •ŠƒŽŽ Â?‘– „‡ ‰”ƒÂ?–‡† –‘ ƒŽŽ‘™ ‡Â?…”‘ƒ…ŠÂ?‡Â?–• ‹ˆ –Š‡ ‡Â?…”‘ƒ…ŠÂ?‡Â?–• …‘—Ž† „‡ permitted pursuant to the alternative standards of this Item.

4. ‡Žƒ–‹‘Â?•Š‹’ –‘ ƒ•‡Â?‡Â?–•ǥ Â‹Â‰ÂŠÂ–Â•ÇŚÂ‘ÂˆÇŚ ÂƒÂ›ÇĄ ƒÂ?† –Š‡ Â?˜‹”‘Â?Â?‡Â?–Ǥ The standards of this Item shall not be construed to authorize construction of buildings, or portions of buildings, in utility or drainage easements, public rights-of-way, or to encroach upon or cause unnecessary damage to or †‡•–”—…–‹‘Â? ‘ˆ ‡Â?˜‹”‘Â?Â?‡Â?–ƒŽ ”‡•‘—”…‡• ȋ‡Ǥ‰Ǥǥ –”‡‡•ǥ •–‡‡’ •Ž‘’‡•ǥ ™‡–ŽƒÂ?†•ǥ Ď?Ž‘‘†’Žƒ‹Â?•ǥ ”‹˜‡”• ƒÂ?† streams or their riparian areas, greenways, etc.).

5. Alternative Setbacks. Alternative setbacks shall be applied only if it is demonstrated that the standards of this Item are met, and: a. The proposed construction does not interfere with planned expansion of right-of-way, and if right-of-way expansion is planned, the encroachment is evaluated as if the right-of-way has been expanded; b. The proposed construction does not result in interference with a utility easement; …Ǥ ”ƒ‹Â?ƒ‰‡ ‘Â?–‘ ƒ„—––‹Â?‰ ’”‘’‡”–‹‡• ‘” Â”Â‹Â‰ÂŠÂ–Â•ÇŚÂ‘ÂˆÇŚÂ™ÂƒÂ› ‹• Â?‘– •‹‰Â?‹Ď?‹…ƒÂ?–Ž› ÂƒÂŽÂ–Â‡Â”Â‡Â†ÇĄ ƒÂ?† drainage patterns are not substantially changed, when compared to the condition before the proposed development; d. The proposed construction does not result in a nonconformity with respect to the building code on either the lot proposed for development or abutting properties; e. If the parcel that abuts the improvement is used for residential purposes, the proposed construction is built to building code standards that would allow construction of the abutting lot to be built to the same standard along the same setback line; f. The proposed construction conforms to building coverage limitations; and g. The proposed construction does not reduce the area provided for parking to fewer spaces than required or than currently accommodated.

6. Alternative Front Setbacks. The following standards may be applied to front setbacks as an alternative to the front setback standards in Table 25.03.020.3, Development Standards: a. Enclosure of Existing Front Porch. Front setbacks may be reduced by up to two feet from their existing location in order to enclose an existing, unenclosed front porch. b. Addition of Front Porch. ”‘Â?– •‡–„ƒ…Â?• Â?ƒ› „‡ ”‡†—…‡† „› —’ –‘ Ď?‹˜‡ ˆ‡‡– ˆ”‘Â? –Š‡ •–ƒÂ?dards set out in Table 25.03.020.3, Development Standards, in order to allow for the construction of a front porch, provided that: 1.

The added front porch would not be located closer than 15 feet to the front property line; 2.

The front setback with the added front porch is not more than eight feet different than the front setbacks of the homes on either side (or one side if situated on a corner lot); 3.

The ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒ of the front porch that is in the reduced setback area is not more than 80 square feet; and 4.

The porch may be enclosed with a screened or window enclosures, but shall not be fully enclosed with walls. c. Front Setback Averaging. See 25.03.050.1, Residential Districts. d. Garage Behind Principal Building. ”‘Â?– •‡–„ƒ…Â?• Â?ƒ› „‡ ”‡†—…‡† „› Ď?‹˜‡ ˆ‡‡– ˆ”‘Â? –Š‡ standards set out in Table 25.03.020.3, Development Standards, if: 1.

The garage is detached and located at least 25 feet behind the front building line of the principal building; or 2.

The garage is attached, but the garage door is set back at least 20 feet behind the front building line of the principal building. e. Front Yard, Side-Loaded Garage. Front setbacks may be reduced by 10 feet from the standard set out in Table 25.03.020.3, Development Standards, if: 1.

There is one or more side-loaded garages on the block face or in the immediate neighborhood; 2.

The lot is at least 85 feet wide and takes vehicular access from the front; 3.

The reduced setback is applied only to a side-loaded garage; 4.

The side-loaded garage is constructed of the same or similar materials and design to match or complement the existing principal building; 5.

At least two trees (small or evergreen) are planted between the side-loaded garage and the street; and 6.

The portion of the side-loaded garage that faces the street shall include at least one window that is of the same style and proportion as windows used on the front façade of the principal building.

7. Alternative Street Side Setbacks. The following standards may be applied to street side setbacks as an alternative to the street side setback standards set out in Table 25.03.020.3, Development Standards. a. Wide Planting Strip. Š‡ •–”‡‡– •‹†‡ •‡–„ƒ…Â? Â?ƒ› „‡ ”‡†—…‡† „› —’ –‘ Ď?‹˜‡ ˆ‡‡– Â‹ÂˆÇŁ 1.

There is an existing sidewalk along the side street that is at least four feet wide; 2.

A planting strip maintained by the property owner is located within the street right-of-way between the edge of the sidewalk and the property line; ;Ǥ Š‡ ’ŽƒÂ?–‹Â?‰ •–”‹’ ‹• ƒ– Ž‡ƒ•– Ď?‹˜‡ ˆ‡‡– ™‹†‡ ƒŽ‘Â?‰ –Š‡ ’‘”–‹‘Â? ‘ˆ –Š‡ ’”‘’‡”–› that would be affected by the setback reduction; and ͜Ǥ Š‡ •–”‡‡– ‹• …Žƒ••‹Ď?‹‡† ĥ ƒ Ž‘…ƒŽ •–”‡‡– ƒÂ?† –Š‡”‡ ƒ”‡ Â?‘ ’ŽƒÂ?• ˆ‘” ‡š’ƒÂ?•‹‘Â? or widening of the paved width of the street. b. Subdivision Fencing Along Arterial or Collector Street. The street side setback may be ”‡†—…‡† –‘ Ď?‹˜‡ ˆ‡‡– Â‹ÂˆÇŁ 1.

The street side yard abuts a Type B bufferyard that screens the development from an arterial or collector street; 2.

The bufferyard includes an opaque fence that complies with the standards of 25.03.090.3, Fences and Walls, with respect to the continuity of subdivision fencing, and separates the side yard from the street; 3.

There is at least four feet of clearance between the building wall of the dwelling unit and the fence at all points; 4.

The setback reduction applies to not more than 40 percent of the length of the side building wall of the dwelling unit; 5.

The portion of the building to which the reduced setback applies is not more than one story in height; and 6.

The side yard setback complies with 25.04.110.8, Sight Distance Requirements (Reserved), or as otherwise required by the City.

8. Alternative Interior Side Setbacks. Interior side setbacks may be reduced to three feet along lot lines that abut tracts that are designated as permanent open space or an easement, provided that the tracts are at least 15 feet wide along the entire length of the lot line.

9. Alternative Rear Setbacks. The following standards may be applied to rear setbacks as an alternative to the rear setback standards set out in Table 25.03.020.3, Development Standards. a. Abutting Permanent Open Space. Rear setbacks that abut lots or parcels that are designated as permanent open space or an easement that is at least 15 feet wide along the distance of the lot proposed for development may be reduced to 10 feet. b. Subdivision Fencing Along Arterial or Collector Street. The rear setback may be reduced to 10 feet if: 1.

The rear yard abuts the right-of-way for an arterial or collector street; 2.

An opaque fence that complies with the standards of 25.03.090.3, Fences and Walls, with respect to the continuity of subdivision fencing, separates the rear yard from the street; 3.

The setback reduction applies to not more than 40 percent of the length of the rear building wall of the dwelling unit; and 4.

The portion of the building to which the reduced setback applies is not more than one story in height.

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10. Ž–‡”Â?ƒ–‹˜‡ —‹Ž†‹Â?‰ ‘˜‡”ƒ‰‡ –ƒÂ?†ƒ”†•. a. Exemption for Detached Garage. See 25.03.090.1, Accessory Buildings and Structures, regarding a one-time exemption from the building coverage limitations for construction of a detached garage. b. Building Coverage Ratio. Š‡ ‹–› Â?ƒ› ƒ’’”‘˜‡ —’ –‘ Ď?‹˜‡ ’‡”…‡Â?–ƒ‰‡ ’‘‹Â?–• ‘ˆ ƒ††‹–‹‘Â?ƒŽ building coverage ratio if it is demonstrated that: 1.

The impact will be no greater than it was before the construction of the additional building area, including the detached garage exemption; and 2.

The volume of the resulting building is not greater than the volume of a two-story building that could be developed at the applicable maximum building coverage, as set out in Table 25.03.020.3, Development Standards. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎŻĎŹ ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ? Ä¨Ĺ˝ĆŒ EÄžÇ EÄžĹ?Ĺ?ĹšÄ?Ĺ˝ĆŒĹšĹ˝Ĺ˝ÄšĆ?

1. Purpose. The purpose of this Section is to set out the standards for the development of new residential neighborhoods.

2. Application. The steps for determining the maximum number of dwelling units that may be constructed on a parcel proposed for development and the standards for individual lots and buildings are as follows: a. Maximum Number of Dwelling Units.

1.

Application. The standards set out in Table 25.03.030.1, Residential Development Standards, shall be used to determine the buildable area and maximum number of dwelling units that may be developed for each district and each neighborhood type (e.g. standard, cluster, planned, and traditional neighborhood development) within the district.

A. The buildable area is derived by multiplying the size (in acres) of the parcel proposed for development by the required minimum open space ratio (OSR) (see column 3), and then subtracting this acreage from the total acreage.

B. The maximum number of dwelling units is derived by multiplying the size (in acres) of parcel proposed for development by the maximum gross density (see column 4), rounded to the nearest whole number (e.g., 25.01 to 25.49 is rounded to 25 units whereas 25.50 and above is rounded to 26 units).

2.

Sample Calculation. Suburban Residential (SR) district, planned neighborhood type, as set out in Table 25.03.030.1, Residential Development Standards.

A. 20 acre parcel proposed for development B. 20 acres multiplied by a minimum open space ratio (OSR) of 0.35 = 7 acres C. 20 acres minus 7 acres of open space = 13 acre buildable acres D. 13 buildable acres multiplied by 3.5 units per acre = 45.5 units, rounded to 46 units.

3.

Standards. The standards set out in Table 25.03.030.1, Residential Development Standards, include the following for each district and type of neighborhood: A. Minimum lot size; B. Minimum open space ratio (OSR); C. Maximum gross density; D. Minimum area of development; and E. Public or on-site utility requirement. b. Lot and Building Standards.

1.

Application. Once the maximum number of dwelling units is determined for the applicable district and neighborhood type, as described in Item 2.a, above, the lot and building standards establish the required dimensions for each type of housing (single-family detached or single-family attached and multiple-family) that is allowed in each district.

2.

Standards. The dimensions set out in the tables in 25.03.030.3, Lot and Building Standards, include: A. Minimum lot area and width; B. Minimum front yard, interior side yard, street side yard, and rear yard setbacks; C. Maximum building height; and D. Impervious coverage ratio. c. Height and Area Exceptions. Set out in Section 25.03.050, Height and Area Exceptions, are the height and area exceptions and allowable encroachments in the residential and nonresidential and mixed use districts. d. Accessory and Supplemental Standards. Set out in Subchapter 25.03-B, Accessory and Supplemental Standards, are the standards for accessory buildings and structures and accessory uses for all uses, residential uses, and nonresidential and mixed uses, respectively. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎŻĎŹÍ˜Ď­ ĞǀĞůŽƉžĞŜƚ ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

1. Generally. The minimum lot size, minimum open space ratio (OSR), maximum gross density, minimum area of development, and utility requirements for each residential district and neighborhood type are as set out in Table 25.03.030.1, Residential Development Standards.

2. Application. These standards apply to: a. All subdivisions that meet the minimum area of development, as applicable; b. Re-subdivisions of property that create two or more buildable lots; or c. Single-family attached or multiple-family developments with two or more dwelling units on a single parcel.

3. Use of Neighborhood and Housing Types. The Rural Residential (RR), Suburban Residential (SR), General Residential (GR), and Urban Residential (UR) districts provide for different neighborhood types. Within each district, all neighborhoods are permitted by-right, subject to the standards set out in Table 25.03.030.1, Residential Development Standards. The dimensional standards for each housing type are set out in the tables in Subsection 25.03.030.3, Lot and Building Standards.

4. Interpretation of Table. The table may be interpreted as follows: Column 1. District and Neighborhood Type sets out each zoning district and the neighborhood types permitted with them.

2. Minimum Lot Size sets out the lot size that is used together with the minimum open space ratio (OSR) to establish the maximum gross density (i.e. maximum number of dwelling units) for each neighborhood type.

3. Minimum Open Space Ratio (OSR) sets out the minimum amount of common open space that is required for each neighborhood. The open space may be used to preserve environmental resources ȋ‡Ǥ‰Ǥ •–‡‡’ •Ž‘’‡•ǥ —Â?•–ƒ„Ž‡ •‘‹Ž•ǥ ™‘‘†ŽƒÂ?†•ǥ Ď?Ž‘‘†’Žƒ‹Â?• ƒÂ?† ”‹’ƒ”‹ƒÂ? ÂƒÂ”Â‡ÂƒÂ•ÇĄ Â‡Â–Â…Ç¤ČŒÇĄ ’”‘˜‹†‡ ‘’‡Â? space for recreational amenities (e.g. parks, trails, and greenways), and/or to buffer adjacent development.

4. Maximum Gross Density sets out the maximum number of dwelling units per acre that may be constructed by-right in each district and for each neighborhood type.

5. Minimum Area of Development sets out the minimum area of land required to develop cluster or planned neighborhoods, or a traditional neighborhood development (TND).

6. Utility Requirement sets out whether on-site utilities (well and septic) are allowed or whether public utilities are required. This requirement is based on the minimum lot size and development density.

B. An existing or restored resource such as a meadow, woodlands, stream or water body. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎŻĎŹÍ˜ĎŽ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ c. Planned Neighborhood. A planned neighborhood has three or more housing types, and utilizes commonly-owned areas as organizing features.

1.

Different housing types within a planned neighborhood shall be integrated together, as opposed to located within separate, disconnected pods.

2.

Where single-family detached or single-family attached dwelling units abut multiple-family dwellings, a bufferyard may be used to provide for enhanced compatibility between housing types.

3.

Where a planned neighborhood abuts, is adjacent to, or is located across a local street from existing housing, the housing types that are nearest or across the street shall be comparable to the existing housing types in terms of the housing type, scale, and method of access.

4.

Lots shall take access to an interior street, alley, parking court, or shared driveway. If a perimeter street is also a local street, lots shall front on the perimeter street and may take access from it if the lots across the street also take access from the street. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎŻĎŹÍ˜ĎŽ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ d. Traditional Neighborhood Development (TND). A traditional neighborhood development has three or more housing types, which are arranged in a well-connected or grid-like street pattern to increase connectivity and walkability to a mixed-use core area, called the “neighborhood centerâ€? and throughout the neighborhood. The mixed-use or civic core shall be within a one-quarter mile (1,320 feet) walking distance of all dwelling units. (See Section 25.03.170, Traditional Neighborhood Developments (TNDs) for applicable design standards. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎŻĎŹÍ˜ĎŽ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ 2. Housing Types. As set out in Table 25.02.100.2, Residential and Commercial Uses of the Home, and Subsection 25.03.030.3, Lot and Building Standards, each type of neighborhood may be developed with more than one housing type, subject to the density and open space standards set out in Table 25.03.030.1, Residential Development Standards. This provides a range of choices for lot sizes and housing types so that applicants may design projects that promote affordability and diversity, and protect open spaces and environmental resources, while achieving a reasonable development potential on their land. The housing types and their development standards are as follows: a. Single-Family Detached Dwellings. Single-family detached dwellings are residences for one family that are typically located on a privately-owned lot, with private yards on each side of the dwelling. Single-family detached units may also be located on condominium-owned property, surrounded by limited common elements for use by residents of the single-family home, which would serve the same purpose as a private yard.

1.

The lot and building standards for single-family detached dwellings are set out in Table 25.03.030.3, Lot and Building Standards.

2.

Single-family detached dwellings are the primary housing type in the Agriculture (AG), Rural Residential (RR), and Suburban Residential (SR) districts, and among the alternative housing types permitted in the General Residential (GR) and Urban Residential (UR) districts. b. Manufactured Home. Manufactured homes are a special type of single-family detached dwelling in that they are constructed in factories and are designed to be transported to the lot or site. There are three types of manufactured homes: single-wide (transported in one section), double-wide (transported in two sections), and triplewide (transported in three or more sections).

1.

The lot and building standards for manufactured homes are set out in Table 25.03.030.3, Lot and Building Standards. These standards apply to manufactured homes that are located in new manufactured home parks or expanded areas of existing manufactured home parks (where permitted).

2.

In manufactured home parks that existed on the effective date of this Code, manufactured homes may be placed on existing lots or spaces that may not comply with this Item, provided that they are spaced a minimum of 10 feet apart and 10 feet from property lines.

3.

Manufactured homes are only permitted as a conditional use in the General Residential (GR) district, as set out in Table 25.02.100.2, Residential and Commercial Uses of the Home. c. Lot Line Home. There are two types of lot-line homes: standard lot-line houses and patio lot-line houses. Both are a single-family detached dwellings that differ from a typical single-family detached dwelling in that one side building wall is located on a side lot line and the other side is designed to enclose a large private side yard. The standard lot line house has a street-facing garage while the patio lot-line house has an alley-facing garage and a fenced or walled rear yard.

1.

The lot and building standards for lot line homes are set out in Table 25.03.030.3, Lot and Building Standards.

2.

Lot line homes are permissible in the districts set out in Table 25.02.100.2, Residential and Commercial Uses of the Home.

3.

The interior side setback shall provide for a side and rear yard. d. Duplex and Twin Home. There are two types of duplexes: standard (side-by-side) duplexes and vertical (over-under) duplexes. The standard twin-home is a side-byside unit similar to a standard duplex only a twin-home contains two separate living units on individually platted lots.

1.

The lot and building standards for duplex and twin-homes are set out in Table 25.03.030.3, Lot and Building Standards.

2.

Duplex and twin-homes are permissible in the districts set out in Table 25.02.100.2, Residential and Commercial Uses of the Home.

3.

In the standard duplex and twin-home, the dwelling units are separated by a shared wall with no penetrations from the ground to the roof, and each unit has a separate outside door. ͜Ǥ

Â? –Š‡ ˜‡”–‹…ƒŽ Č‹Â‘Â˜Â‡Â”ÇŚÂ—Â?Â†Â‡Â”ČŒ †—’Ž‡šǥ —Â?‹–• ƒ”‡ •‡’ƒ”ƒ–‡† „› ƒ Ď?Ž‘‘”ǥ ‹Â? ™Š‹…Š case individual units may be accessed from an interior foyer with a staircase or the units may have separate front doors at the street level. Exterior •–ƒ‹” ƒ……‡•• –‘ –Š‡ ’”‹Â?…‹’ƒŽ ‡Â?–”ƒÂ?…‡ ‘ˆ ƒ •‡…‘Â?† Ď?Ž‘‘” —Â?‹– ‹• ’”‘Š‹„‹–‡†Ǥ e. Townhome. There are two types of townhomes: standard townhomes and weak-link townhomes.

1.

The lot and building standards for standard and weak-link townhomes are set out in Table 25.03.030.3, Lot and Building Standards.

2.

Townhomes are permissible in the districts set out in Table 25.02.100.2, Residential and Commercial Uses of the Home.

3.

Standard townhouses are attached by common side walls with no penetrations from the ground to the roof, which are constructed in groups of three to eight units. Townhomes are accessed from an alley or rear parking court.

4.

Weak-link townhouses are similar to standard townhouses, only they have one-story and two-story sections along the front elevation, and connect to each other in groups of three to six units. Weak-link townhomes may be accessed from the street or from an alley or rear parking court. f. Multiplex and Multiple-Family Apartment. Multiplex and multiple-family are both multiple-family building types.

1.

The lot and building standards for multiplex and multiple-family apartments, including downtown lofts, are set out in Table 25.03.030.3, Lot and Building Standards.

2.

Multiplexes and multiple-family apartments are permissible in the districts set out in Table 25.02.100.2, Residential and Commercial Uses of the Home.

3.

The multiplex has many attributes of a townhouse, only the buildings are constructed to look like large single-family detached dwellings, and the units are not necessarily separated by a wall that extends from the foundation to the roof. Exterior stair access to the principal entrance of a second Ď?Ž‘‘” —Â?‹– ‹• ’”‘Š‹„‹–‡†Ǥ 4.

The multiple-family housing type is typically in the form of apartments or condominiums of two or more stories (as allowed by Subsection 25.03.030.3, Lot and Building Standards). ͡Ǥ Â—ÂŽÂ–Â‹Â’ÂŽÂ‡ÇŚÂˆÂƒÂ?‹Ž› †™‡ŽŽ‹Â?‰• Â?ƒ› ƒŽ•‘ „‡ Ž‘…ƒ–‡† ‹Â? –Š‡ —’’‡” Ď?Ž‘‘”• ‘ˆ mixeduse buildings (hereinafter, Downtown Lofts), such as in the Downtown Commercial (DC) district, but these buildings are subject to the standards for nonresidential and mixed use buildings in Subsection 25.03.040.1, Development Standards, and not the standards of Subsection 25.03.030.3, Lot and Building Standards.

6.

Vehicular access to multiplexes is provided by an alley or rear parking court. Vehicular access to multiple-family apartments and downtown lofts is provided by parking lots or parking structures.

type. Lot averaging may only be applied where both of the following conditions apply: a. Equal to or Greater. The average lot area and average lot width for each neighborhood ‘” Š‘—•‹Â?‰ –›’‡ ƒ”‡ ‡“—ƒŽ –‘ ‘” ‰”‡ƒ–‡” –ŠƒÂ? –Š‡ Ž‘– ƒ”‡ƒ ƒÂ?† Ž‘– ™‹†–Š •’‡…‹Ď?‹‡† ˆ‘” the respective neighborhood and housing types set out in Table B, Single-Family Attached and Multiple-Family Lot and Building Standards. b. Greater than 90 Percent. No lot has a lot area or lot width that is less than 90 percent of –Šƒ– •’‡…‹Ď?‹‡† ‹Â? –Š‡•‡ –ƒ„Ž‡•Ǥ Č‹See Figure 25.03.030.4, Lot Averaging) 3. š…‡’–‹‘Â?. Lot averaging is not applicable for standard lots in the Agriculture (AG) and Rural Residential (RR) districts.

4. Distribution of Averaged Lots. Lots shall be distributed as follows: a. In standard and cluster neighborhoods, different sized lots (small lots, average lots, and large lots) shall be mixed on each street segment so that they are spread through the development. Concentrating lots of a single lot size in separate areas of a development is not allowed. b. In a mixed housing neighborhood or traditional neighborhood development, a mix of housing types or diverse single-family detached lot sizes may be designated on a single block or street segment. Such developments are not required to comply with the above requirement for standard and cluster neighborhoods. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎŻĎŹÍ˜Ď° ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎŻĎŹÍ˜Ď° ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎŻĎŹÍ˜Ďą ĹŻĆšÄžĆŒĹśÄ‚Ć&#x;ǀĞ >ĂŜĚ KÇ ĹśÄžĆŒĆ?ĹšĹ?Ɖ ĆŒĆŒÄ‚ĹśĹ?ĞžĞŜƚĆ?

1. Generally. The standards of Subsection 25.03.030.3, Lot and Building Standards, with respect to lot area and width and building setbacks relate to the development of residential dwellings on conventional lots of record that are intended to be owned in fee-simple by the residents of the dwellings. However, the standards are not intended to preclude other ownership types, such as single-ownership of all units (rentals); condominiums (in which the land is owned in common by the owners of the condominium units); or common maintenance communities (in which fee-simple ownership is limited to the land under the building, and, in some cases, a small area around it). The alternative standards of this Item are intended to allow such alternative ownership arrangements, provided that the development could be approved pursuant to this Code.

2. Demonstration of Compliance. The proposed pattern of development will be allowed if it is demonstrated that it will comply with the density, open space, and applicable setback requirements if it were platted with lots that meet the minimum requirements of this Section for each of the proposed housing types. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎŻĎŹÍ˜Ď˛ ŽŜƾĆ?ÄžĆ?

1. ‡�•‹–› ‘�—•‡• ˆ‘” ’‡� ’ƒ…‡ ”‡•‡”˜ƒ–‹‘� ƒ�† �˜‹”‘��‡�–ƒŽ ”‡•‡”˜ƒ–‹‘�. Set out in Table 25.03.030.1, Residential Development Standards, is the maximum gross densities that are permitted for each district and neighborhood type. In each district, there are different neighborhood types that are permitted by-right. The acreage and standard neighborhood types provide for the largest lot sizes, the least amount of required open space, and hence, the lowest maximum gross density of the neighborhoods available within the district. The cluster and planned neighborhood, as well as traditional neighborhood development, each provide relative increases in gross density.

To achieve these increased densities, the lot sizes are decreased and the minimum open space ratios are increased. Effectively, these neighborhood types provide options for preserving increased ’‡”…‡Â?–ƒ‰‡• ‘ˆ ‘’‡Â? •’ƒ…‡ ˆ‘” –Š‡ ’—”’‘•‡ ‘ˆ ’”‘–‡…–‹Â?‰ Â?ƒ–—”ƒŽ ”‡•‘—”…‡• ȋ‡Ǥ‰Ǥ Ď?Ž‘‘†’Žƒ‹Â?ÇĄ ™‡–ŽƒÂ?†•ǥ riparian areas, woodlands, drainage ways, rivers and streams, etc.). Refer to Table 25.03.030.1, Residential Development Standards, as to the relative lot sizes, open space ratios, and gross densities of each district and neighborhood type.

2. ‡•‹†‡Â?–‹ƒŽ Â?‡”‰› ˆĎ?‹…‹‡Â?…›. The City encourages the development of high-performance, “greenâ€? residential buildings, which use less energy, water, and natural resources, and create less waste. As such, a density bonus is available for applicants who construct homes to the LEED for ‘Â?‡• ‡”–‹Ď?‹…ƒ–‹‘Â? •–ƒÂ?†ƒ”†Ǥ a. Green Building Bonus. The permitted density of development that is set out in Subsection 25.03.030.1, Development Standards, may be increased by 10 percent if the applicant demonstrates compliance with the provisions of this Item. Such increase in density may be achieved by: 1.

Utilizing the provisions set out in Subsection 25.03.030.4, Lot Averaging, with a reduction in the width of narrow lots to 85 percent (vs. 90 percent) ‘ˆ –Š‡ Ž‘– ƒ”‡ƒ ‘” ™‹†–Š •’‡…‹Ď?‹‡† ˆ‘” –Š‡ Š‘—•‹Â?‰ –›’‡ǥ ĥ •‡– ‘—– ‹Â? ƒ„Ž‡ 25.03.030.3A, Single-Family Detached Lot and Building Standards; and/or 2.

Altering the mix of housing types as set out in Table 25.03.030.3B, SingleFamily Attached and Multiple-Family Lot and Building Standards. b. ‡ƒ†‡”•Š‹’ ‹Â? Â?‡”‰› ĆŹ Â?˜‹”‘Â?Â?‡Â?–ƒŽ ‡•‹‰Â? Č‹ ČŒ ˆ‘” ‘Â?‡• Â‡Â”Â–Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â? ‡quirements. The permitted density of development that is set out in Subsection 25.03.030.1, Development Standards, may be increased by 10 percent if the applicant demonstrates commitment to ˆ‘” ‘Â?‡ Â‡Â”Â–Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â? for residential buildings in their proposed residential or mixed-use development, as follows: 1.

During a pre-application meeting, the Administrator, or an appointee, will meet with the applicant to discuss the proposed building design and anticipated ˆ‘” ‘Â?‡ Â‡Â”Â–Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â? credits.

2.

Concurrent with the application for site plan or plat review, the applicant shall submit: A. A written letter of intent that indicates their commitment to achieve a ˆ‘” ‘Â?‡• Â‡Â”Â–Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â? on no less that 75 percent of all homes and associated infrastructure that is subject to LEED for ‘Â?‡• Â‡Â”Â–Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â? rating that will be constructed in the proposed development; and B. ˆ‘” ‘Â?‡• Â‡Â”Â–Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â? checklists that show how the appli…ƒÂ?– ‹Â?–‡Â?†• –‘ ‘„–ƒ‹Â? –Š‡ ”‡“—‹”‡† …‡”–‹Ď?‹…ƒ–‹‘Â?Ǥ 3.

The density bonus will be granted by the Planning and Zoning Commission upon approval of the development plan or plat.

4.

Building permits for the development will be issued only upon demonstrated compliance with the approved ˆ‘” ‘Â?‡• Â‡Â”Â–Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â? checklist. ͡Ǥ ‹–Š‹Â? ͳͺͲ †ƒ›• ‘ˆ ”‡…‡‹˜‹Â?‰ –Š‡ Ď?‹Â?ƒŽ ‡”–‹Ď?‹…ƒ–‡ ‘ˆ ……—’ƒÂ?…›, the applicant must submit documentation that demonstrates achievement of LEED ˆ‘” ‘Â?‡• Â‡Â”Â–Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â?. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎ°ĎŹ ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ? Ä¨Ĺ˝ĆŒ EĹ˝ĹśĆŒÄžĆ?Ĺ?ĚĞŜĆ&#x;Ä‚ĹŻ ĂŜĚ DĹ?džĞĚ hĆ?Äž ĞǀĞůŽƉžĞŜƚ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎ°ĎŹÍ˜Ď­ ĞǀĞůŽƉžĞŜƚ ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

1. Generally. The standards that are applicable to nonresidential and mixed-use development are provided in Table 25.03.040.1, Nonresidential and Mixed Use Standards. The table includes provisions for minimum landscape surface ratio (LSR), Ď?Ž‘‘” ƒ”‡ƒ ”ƒ–‹‘ Č‹ ČŒ, building coverage ratio, density (for residential buildings in the Downtown Commercial (DC) and Mixed Use (MU) districts), minimum lot area, minimum street frontage, and maximum building height. The standards for the ÇĄ „—‹Ž†‹Â?‰ Š‡‹‰Š–ǥ Ž‘– ÂƒÂ”Â‡ÂƒÇĄ ‘” •–”‡‡– ˆ”‘Â?–ƒ‰‡ –Šƒ– ƒ”‡ •’‡…‹Ď?‹‡† ‹Â? Subchapter 25.02-D, Conditional and Limited Uses, supersede the standards of this Section.

2. Standards. The LSR, FAR, BCR, minimum lot area, minimum street frontage, maximum building height, and building setbacks shall be as set out in Table 25.03.040.1, Nonresidential and Mixed Use Standards.

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎŻĎŹÍ˜ĎŻ >Žƚ ĂŜĚ ĆľĹ?ĹŻÄšĹ?ĹśĹ? ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

5. Preservation of Open Space. a. Open Space Securely Held. Open space that is set out in Table 25.03.030.1, Residential Development Standards, shall not be developed or redeveloped once established. b. Responsible Parties. Common open space shall be placed in an easement, and may be owned in the following ways: 1.

As common land by homeowners’, condominium, or property owners’ associations (POA), with an easement dedicated to all property owners within the association; ʹǤ › †‡†‹…ƒ–‹‘Â? –‘ ƒ ’—„Ž‹… ƒ‰‡Â?…›ǥ ’”‘˜‹†‡† •—…Š ƒ‰‡Â?…› •ŠƒŽŽ Šƒ˜‡ –Š‡ Ď?‹Â?ƒŽ decision to accept and the right to refuse such offers of dedication; ;Ǥ › ƒ Â‹Â–Â›ÇŚÂƒÂ’Â’Â”Â‘Â˜Â‡Â† Â’Â”Â‹Â˜ÂƒÂ–Â‡ÇĄ Â?‘Â?nj’”‘Ď?‹– ‘”‰ƒÂ?‹œƒ–‹‘Â? –Šƒ– ‹• …ƒ’ƒ„Ž‡ ‘ˆ managing the open space with a conservation easement dedicated to the Â?‘Â?nj’”‘Ď?‹– ‘”‰ƒÂ?‹œƒ–‹‘Â? ƒÂ?† –‘ –Š‡ ‘™Â?‡”• ‘ˆ –Š‡ ”‡•– ‘ˆ –Š‡ ’”‘’‡”–› ‹Â? –Š‡ development; or 4.

By a duly recorded covenant of easement whereby the City is a party to the easement, as authorized by motion of the City Council. c. Location on Private Lots. Open space may be located on private lots if all of the following are demonstrated: 1.

The proposed development has fewer than 20 dwelling units and is not a single-family cluster neighborhood.

2.

Bufferyards ƒÂ?† ‘–Š‡” ‘’‡Â? •’ƒ…‡ ƒ”‡ƒ• ƒ”‡ ‹†‡Â?–‹Ď?‹‡† ‘Â? –Š‡ ’Žƒ– ĥ ŽƒÂ?†scape easements that must be maintained by either a property owners’ association or the owner of the lot that is subject to the easement.

3.

The maintenance requirement is included in the covenants, conditions, and restrictions (“CCRsâ€?) that apply to the property. The CCRs shall provide that the maintenance requirement is enforceable by the City and may not be amended without the consent of the City Council. A copy of the CCR’s shall „‡ •—„Â?‹––‡† –‘ –Š‡ ‡’ƒ”–Â?‡Â?– ˆ‘” ”‡˜‹‡™ ƒÂ?† ƒ……‡’–ƒÂ?…‡ ’”‹‘” –‘ Ď?‹Â?ƒŽ approval.

6. Requirements for Phased Developments. The maximum residential development capacity of the entire parcel proposed for development shall be used for calculating compliance with the minimum open space ratio and maximum gross density set out in Table 25.03.030.1, Residential Development Standards.

The lot and building standards for each zoning district and neighborhood type are set out in Table 25.03.030A, Single-Family Detached Lot and Building Standards and Table 25.03.030.3B, SingleFamily Attached and Multiple-Family Lot and Building Standards.

1. Single-Family Detached Dwellings. Single-family detached dwellings are permitted in each neighborhood type in the Agriculture (AG), Rural Residential (RR), Suburban Residential (SR), and General Residential (GR) districts, and in the cottage and village neighborhood types in the UR district. The lot area and width; front, interior and street side, and rear setbacks; building height and building coverage ratio; and impervious coverage ratio are established for single-family detached dwellings only in the districts and neighborhood types set out in Table 25.03.030.3A, Single-Family Detached Lot and Building Standards. Lot line homes and manufactured home dwellings are permitted only in the districts set out in Table 25.02.100.2, Residential and Commercial Uses of the Home.

2. Single-Family Attached and Multiple-Family Apartment Dwellings. Single-family attached dwellings are permitted in the districts set out in Table 25.02.100.2, Residential and Commercial Uses of the Home. Multiple-family dwellings are permitted only in the cluster and planned neighborhoods in the Suburban Residential (SR), General Residential (GR), and Urban Residential (UR) districts, as well as in the Mixed Use (MU), Historic 4th Street (HA-4), Historic Pearl Street (HA-P), and Historic Neighborhood or Center (HA-N) districts. The lot area and width; front yard, interior side yard, street side yard, and rear yard setbacks; building height and building coverage ratio; and impervious coverage ratio are established for single-family attached and multiple-family dwellings only in the districts and housing types set out in Table 25.03.030.3B, Single-Family Attached and Multiple-Family Lot and Building Standards.

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎŻĎŹÍ˜ĎŽ EÄžĹ?Ĺ?ĹšÄ?Ĺ˝ĆŒĹšĹ˝Ĺ˝Äš ĂŜĚ ,ŽƾĆ?Ĺ?ĹśĹ? dLJƉĞĆ? ‡™ ”‡•‹†‡Â?–‹ƒŽ ƒÂ?† ’”‡†‘Â?‹Â?ƒ–‡Ž› ”‡•‹†‡Â?–‹ƒŽ Â?‹š‡†nj—•‡ Â?‡‹‰Š„‘”Š‘‘†• ƒ”‡ …Žƒ••‹Ď?‹‡† ‹Â?–‘ ˆ‘—” different neighborhood types. These neighborhood types are allowed in the districts set out in Table 25.03.030.1, Residential Development Standards. The maximum densities for each neighborhood type is established in Subsection 25.03.030.1, Development Standards. A description of each neighborhood type and their applicable standards are as follows: 1. Neighborhood Types. a. Standard. A standard residential neighborhood has one or two housing types, with most of the land owned by individual homeowners (except in the case of multiple-family apartments or condominiums). Open space is generally utilized for bufferyard, recreation, and drainage purposes. The “standardâ€? neighborhood is not limited to single-family detached dwellings as it may also include attached single-family (e.g., duplex, twin home, and townhomes), manufactured home parks, and multiple-family development where allowed by Table 25.02.100.2, Residential and Commercial Uses of the Home. See Figure 25.03.030.2A, Illustrative Standard Neighborhood.

1.

If a standard neighborhood exceeds 150 units, it shall be designed as mul–‹’Ž‡ ‹†‡Â?–‹Ď?‹ƒ„Ž‡ DzÂ?‡‹‰Š„‘”Š‘‘†•dz ™‹–Š †‹•–‹Â?…– „‘—Â?†ƒ”‹‡•Ǥ ʹǤ ‘–• •ŠƒŽŽ „‡ …‘Â?Ď?‹‰—”‡† •‘ ĥ –‘ Â?ƒš‹Â?‹œ‡ –Š‡ Â?—Â?„‡” ‘ˆ Ž‘–• –Šƒ– ƒ”‡ within 1,320 feet of useable open space, e.g. park, trail, etc. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎŻĎŹÍ˜ĎŽ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ b. Cluster. A cluster neighborhood has one or two housing types, with smaller lots and building sites that are clustered together in order to provide for additional common open spaces. Often, the common open space is set-aside for resource features •—…Š ĥ •–‡‡’ •Ž‘’‡•ǥ ™‘‘†ŽƒÂ?†•ǥ …”‡‡Â?• ƒÂ?† •–”‡ƒÂ?• ƒÂ?† –Š‡‹” ”‹’ƒ”‹ƒÂ? ÂƒÂ”Â‡ÂƒÂ•ÇĄ Ď?Ž‘‘†plains, etc. Therefore, cluster development may be used to preserve environmental resources by clustering development on the buildable portions of the property. See Figure B, Illustrative Cluster Neighborhood.

1.

Designated resource protection areas shall, to the greatest extent practicable, be interconnected with other open space areas, greenways, and trail systems (if provided) within the development and on abutting lands where such integration is practical and does not materially compromise the resource value of the protection areas.

2.

Open space shall be integrated into the development design so as to bring ƒ……‡•• –‘ •‹‰Â?‹Ď?‹…ƒÂ?– ‘’‡Â? •’ƒ…‡ –‘ –Š‡ Â?ƒš‹Â?—Â? Â?—Â?„‡” ‘ˆ ’”‘’‡”–‹‡•Ǣ provided, however, that physical access may be limited if such limitation would material enhance natural resource management.

3.

Dwelling units on clustered lots shall be set back from the perimeter of the parcel at least the following distances: A. One to four lots: as required for individual lots B. Five to 20 lots: 75 feet C. 21 or more lots: 100 feet.

4.

Lots shall, where appropriate, be adjacent to or in near proximity to the following: A. An amenity such as a park or greenway;

Sioux ity oning C ndZ ign aode S inal C raft –

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^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎŻĎŹÍ˜Ď° >Žƚ Ç€ÄžĆŒÄ‚Ĺ?Ĺ?ĹśĹ?

1. Generally. Lot averaging is a design technique that replaces minimum lot dimensions with an average lot width and size.

2. Applicability. The use of lot averaging is optional for the standard neighborhood types and required for cluster and planned neighborhood types, in traditional neighborhood development, and in a village (mixed housing) neighborhood in the Urban Residential (UR) district. For these required neighborhood types, the lot area and width dimensions set out in Table 25.03.030A, Single-Family Detached Lot and Building Standards and Table 25.03.030.3B, Single-Family Attached and MultipleFamily Lot and Building Standards are the average dimensions of each neighborhood and housing

3. Subdivision of Individual Parcels a. The minimum street frontage and minimum lot area may be reduced in the Suburban Commercial (SC), General Commercial (GC), Casino Entertainment (CE), and Mixed Use (MU) districts with respect to the subdivision of individual lots within a development if it is demonstrated that: 1.

The area of the principal parcel from which the lot is subdivided complies with the requirements of Table 25.03.040.1, Nonresidential and Mixed Use Standards, before subdivision; 2.

Appropriate easements are recorded to provide for: A. Cross-access between the lots; B. Shared parking between the new lot and the parent lot, if necessary to comply with the parking requirements of Subchapter 25.05-A, Parking and Loading; and C. Appropriate covenants are recorded that provide for the required landscape surface ratio (LSR) to be maintained in proportion to the principal parcel area before the subdivision, designating the landscaped areas, and providing for their maintenance.

3.

For the purposes of the requirements of Table 25.03.040.1, Nonresidential and Mixed Use Setbacks, lots created pursuant to this Item shall be considered part of the principal parcel. However, buildings shall be spaced at least 20 feet apart.

4.

Lots created pursuant to this Item are not entitled to individual access to abutting streets unless they meet the access management requirements of this Code, as set out in Section 25.05.050, Access Management and Maintenance (Reserved), or as otherwise required by the City.

5.

Lots created pursuant to this Item are not required to be buffered from the principal parcel from which they are subdivided unless they are in different zoning districts.

4. Setback Planes. Where a nonresidential or mixed use building abuts or is contiguous to property that is zoned or used for residential purposes, then in addition to the building setback line set out in Table 25.03.040.1, Nonresidential and Mixed Use Setbacks, the building shall be set back one foot from the property line for each one foot in building height over the maximum building height. (See Figure 25.03.040.1A, Setback Planes.) This is applicable if the maximum building height is greater than that allowed in the residential district. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎ°ĎŹÍ˜Ď­ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ 5. Downtown Commercial (DC) Setbacks. a. Generally. For all development in the Downtown Commercial (DC) district, the principal building shall be built on the front property line (i.e. build-to-line). Portions of the front or street side facade that are recessed in order to satisfy the requirements of Subsection 25.03.190.3, Downtown Commercial (DC) District Standards, are permitted to be set back from the property line by up to 10 feet. All buildings shall meet these requirements, except under the following conditions (See Figure 25.03.040.1.b, Permitted Setbacks in the Downtown Commercial (DC) District): 1.

Where the principal use, in whole or in part, is an existing dwelling unit.

2.

Where the use is established in an existing building that exceeds the buildto line as of the effective date of this Code. In this case, the existing building may: A. Remain in its current location, utilizing the front setback as: i.

A yard or courtyard; ii.

Public plaza or outdoor service area (e.g., outdoor seating for a sidewalk cafe (See Section 17.28.220, Regulations Governing the Development of Sidewalk Cafes, Municipal Code), outdoor display area for a retail store, etc.); or iii.

Off-street parking provided it was used for parking as of the effective date of this Code.

B. Be extended to the build-to line provided it: i.

Meets all other requirements and standards of this Code; ii.

Is a conforming use; and iii.

Complies with “d� below (i.e. provision for a public sidewalk).

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3.

Where the average setback of buildings along the block front or, in the instance of a corner lot, along one or both block fronts, exceed the build-to line, the building may be: A. Constructed at the build-to line; or B. Set back to match the average front setback along the same side of the same street segment in the same zoning district, provided that the parcel proposed for development or redevelopment is not counted in the calculation.

4.

Where there is a public sidewalk that has a width of six feet or more, the building must be set back in order to provide the necessary space to expand the sidewalk onto the private lot and to construct a sidewalk that is at least eight feet in width. In this case, the building shall be constructed to a build-to line that is coterminous with the edge of the sidewalk that is provided on the private lot.

5.

Buildings may be set back up to a distance of 20 feet from the build-to line in order to provide a designated public plaza or outdoor service area according to the following standards: A. The public plaza or outdoor service area shall be designated upon development approval and maintained in perpetuity as publicly accessible space; B. Any service uses that take place in the designated setback area Â?—•– †‹”‡…–Ž› ”‡Žƒ–‡ –‘ –Š‡ ƒ…–‹˜‹–› ‘ˆ –Š‡ ’”‹Â?…‹’ƒŽ ‰”‘—Â?† Ď?Ž‘‘” —•‡ (e.g., outdoor seating for a restaurant, outdoor display area for a retail store, etc.); and C. When the area is not being used as an outdoor service area, it shall remain accessible to the public and function as an extension of the public street environment. b. Encroachments in the Downtown Commercial (DC) District and the Historic 4th Street and Historic Pearl Street Sub-districts. Notwithstanding the provisions of Section 17.28.010, Permanent Encroachments, of the Municipal Code, the City may permit in these districts, permanent encroachments into the public right-of-way if the encroachment meets all of the following standards (see Figure B, Permitted Encroachments: 1.

Encroachments up to 18 inches, partially or wholly, into the right-of-way (e.g. projecting signs, ornamentation, etc.) but otherwise permissible under the requirements of this Code are permitted below an elevation of eight feet above grade if it is demonstrated that the encroachment: Ǥ

• Â?‘– Â?‡ƒ”‡” –ŠƒÂ? Ď?‹˜‡ ˆ‡‡– ˆ”‘Â? –Š‡ ‡š‹•–‹Â?‰ …—”„ Ž‹Â?‡ǥ ĥ •‡– ‘—– ‹Â?

Section 17.28.030, Distance from Curb Line, of the Municipal Code; Ǥ

Â? –Š‡ ˆ‘”Â? ‘ˆ ‘”Â?ƒÂ?‡Â?–ƒ–‹‘Â?ÇĄ †‘‡• Â?‘– •‹‰Â?‹Ď?‹…ƒÂ?–Ž› ƒŽ–‡” –Š‡ Š‹•toric character of the structure in the HA-4 and HA-P sub-districts; C. Does not impact the general functionality of the public sidewalk; and D. Does not make the sidewalk out of compliance with the requirements of the Americans with Disabilities Act (ADA).

2.

Encroachments up to four feet, partially or wholly, into the right-of-way (e.g. projecting signs and awnings) but otherwise permissible under the requirements of this Code are permitted above an elevation of eight feet above grade if it is demonstrated that the encroachment: A. Does not impact the general functionality of the public sidewalk; Ǥ

Â? –Š‡ ˆ‘”Â? ‘ˆ ‘”Â?ƒÂ?‡Â?–ƒ–‹‘Â?ÇĄ †‘‡• Â?‘– •‹‰Â?‹Ď?‹…ƒÂ?–Ž› ƒŽ–‡” –Š‡ Š‹•toric character of the structure in the HA-4 and HA-P sub-districts; C. Is set back at least one foot from the face of the curb; and D. Does not create unsafe clearances from other elements of the rightof-way (e.g., street lighting, landscaping, vehicular movement, etc.).

3.

Encroachments for the purpose of sidewalk cafes are permitted subject to the provisions of Section 17.28.200, Sidewalk Cafes, and Section 17.28.220, Regulations Governing the Development of Sidewalk Cafes, of the Municipal Code. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎ°ĎŹÍ˜Ď­ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎ°ĎŹÍ˜ĎŽ ĆľĹ?ĹŻÄšĹ?ĹśĹ? ^Ä?Ä‚ĹŻÄž ŽĨ EĹ˝ĹśĆŒÄžĆ?Ĺ?ĚĞŜĆ&#x;Ä‚ĹŻ hĆ?ÄžĆ? Ĺ?Ĺś ZÄžĆ?Ĺ?ĚĞŜĆ&#x;Ä‚ĹŻ ĆŒÄžÄ‚Ć?

1. Generally. The purpose of these standards is to ensure that nonresidential buildings, as set out in Subchapter 25.02-C, Land Uses, that are constructed within residential districts (e.g. child care center, funeral home, library, etc.) are scaled such that they do not disrupt the development pattern of residential neighborhoods.

2. Applicability. These standards apply only in the Rural Residential (RR), Suburban Residential (SR), General Residential (GR), and Urban Residential (UR) districts, as well as the Neighborhood Conservation (NC) sub-districts. Where scale standards are provided in Subchapter 25.02-D, Conditional and Limited Uses, if any, such standards supersede the standards of this Item if they are more ”‡•–”‹…–‹˜‡ –ŠƒÂ? –Š‘•‡ ‹†‡Â?–‹Ď?‹‡† ‹Â? –Š‹• –‡Â?Ǥ 3. —‹Ž†‹Â?‰ …ƒŽ‡Ǥ The ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒ of nonresidential buildings shall be limited based on the type of street from which primary access is taken, as provided in Table 25.03.040.2, Nonresidential Building Scale. These standards do not apply to public or private schools.

4. Alternative Compliance for Side-Street Access. The maximum nonresidential ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒ for a parcel proposed for development –Šƒ– ‹• „‘—Â?†‡† „› •–”‡‡–• ‘ˆ †‹ˆˆ‡”‡Â?– …Žƒ••‹Ď?‹…ƒ–‹‘Â? Â?ƒ› „‡ based on a higher-order (i.e. an arterial street or highway is of higher-order than that of a collector or sub-collector street, which are of higher-order than a local street of cul-de-sac) bounding street from which the parcel does not take access, provided that: a. The street that provides access intersects with the higher-order bounding street; and b. No residential front yards are located across the street in the area between the access to the nonresidential parcel and the higher-order bounding street. See Figure 25.03.040.2, Illustrative Alternative Compliance for Side Street Access. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎ°ĎŹÍ˜ĎŽ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎ°ĎŹÍ˜ĎŻ ŽŜƾĆ?ÄžĆ? Ä¨Ĺ˝ĆŒ EĹ˝ĹśĆŒÄžĆ?Ĺ?ĚĞŜĆ&#x;Ä‚ĹŻ ĂŜĚ DĹ?džĞĚ hĆ?Äž ĞǀĞůŽƉžĞŜƚ 1. Generally. The standards that are applicable to nonresidential and mixed-use development are provided in Table 25.03.040.1, Nonresidential and Mixed Use Standards. The Ď?Ž‘‘” ƒ”‡ƒ ”ƒ–‹‘• (FARs) set out in this table account for on-site, surface parking. If parking is structured or placed underneath the buildingÇĄ ‘” ‹ˆ –Š‡ „—‹Ž†‹Â?‰ ‹• Â?‹š‡† —•‡ ȋŽ‘™‡” Ď?ÂŽÂ‘Â‘Â”Č‹Â•ČŒ Â”Â‡Â–ÂƒÂ‹ÂŽČ€Â‘ÂˆĎ?‹…‡ ƒÂ?† —’’‡” Ď?Ž‘‘”• residential), an increase in the ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒ may be achieved, as set out in Table 25.03.040.3, Nonresidential and Mixed Use Floor Area Bonuses. These standards supersede the standards set out in Table 25.03.040.1, Nonresidential and Mixed Use Standards, only for structured or underneath parking and vertically mixed use buildings. The minimum landscape surface ratio (LSR), building coverage ratio (BCR), minimum lot area, and minimum street frontage remain the same. For parking underneath the structure, the building height may be increased by the height of the parking structure (above that set out in Table 25.03.040.1, Nonresidential and Mixed Use Standards), subject to the provisions for setback planes in 25.03.040, Development Standards.

2. ‘Â?”‡•‹†‡Â?–‹ƒŽ ”‡‡Â? —‹Ž†‹Â?‰. The nonresidential bonus rewards developments that achieve ƒ ”ƒ–‹Â?‰ ‘ˆ Dz ‡”–‹Ď?‹‡†dz ‘” Š‹‰Š‡”Ǥ Š‡ •–ƒÂ?†ƒ”†• ˆ‘” ”‡…‡‹˜‹Â?‰ –Š‡ „‘Â?—• ƒ”‡ †‹ˆˆ‡”‡Â?– ˆ‘” ÂŽÂƒÂ”Â‰Â‡ÇŚ scale development than for small-scale or individual developments. Developments that meet the following standards shall receive a bonus. a. Green Building Bonuses. Bonuses are available for projects that demonstrate a commitÂ?‡Â?– –‘ …‡”–‹Ď?‹…ƒ–‹‘Â?Ǥ Š‡•‡ „‘Â?—•‡• ‹Â?…”‡ƒ•‡ –Š‡ †‡˜‡Ž‘’Â?‡Â?– ’‘–‡Â?–‹ƒŽ ‘ˆ a parcel proposed for development by reducing landscape surface requirements, bufferyard requirements, and parking requirements. ͳǤ …‡”–‹Ď?‹‡† „—‹Ž†‹Â?‰• ™‹–Š ‰”‡‡Â? ”‘‘ˆ• •ŠƒŽŽ „‡ ‡Â?–‹–Ž‡† –‘ ƒÂ? ‘ˆˆ•‡– ‘ˆ landscape surface for the area of the green roof, up to 15 percent of the landscape surface ratio (LSR) required by Table 25.03.040.1, Nonresidential and Mixed Use Standards.

2.

All nonresidential (except development in the General Industrial (GI) district) and mixed-use development that meets the criteria of this Item shall be allowed to install constrained bufferyards, regardless of the geometry of the parcel proposed for development. (See 25.05.130.6, Constrained Bufferyards) b. Â‡Â”Â–Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â? ‡“—‹”‡Â?‡Â?–•Ǥ The applicant is eligible for the bonuses set out in 2.a., above, if it is demonstrated that: 1.

The applicant meets with the Administrator, or a designee, during preapplication to discuss the proposed project design and anticipated LEED …‡”–‹Ď?‹…ƒ–‹‘Â? …”‡†‹–•Ǥ 2.

Concurrent with the application for site plan or plat review, the applicant shall submit: A. A written letter of intent that indicates their commitment to ƒ…Š‹‡˜‡ ƒ …‡”–‹Ď?‹…ƒ–‹‘Â? ‘Â? ƒŽŽ „—‹Ž†‹Â?‰• ƒÂ?† ƒ••‘…‹ƒ–‡† ‹Â?frastructure that is subject to the LEED Rating System that will be constructed in the proposed development; and B. LEED checklists that show how the applicant intends to obtain the ”‡“—‹”‡† …‡”–‹Ď?‹…ƒ–‹‘Â?•Ǥ 3.

Building permits for the development will be issued only upon demonstrated compliance with the approved LEED checklist. ͜Ǥ ‹–Š‹Â? ͳͺͲ †ƒ›• ‘ˆ ”‡…‡‹˜‹Â?‰ –Š‡ Ď?‹Â?ƒŽ ‡”–‹Ď?‹…ƒ–‡ ‘ˆ ……—’ƒÂ?…›, the applicant must submit documentation that demonstrates achievement of LEED ‡”–‹Ď?‹…ƒ–‹‘Â?Ǥ ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎąĎŹ ,ÄžĹ?Ĺ?Śƚ ĂŜĚ ĆŒÄžÄ‚ džÄ?ĞƉĆ&#x;ŽŜĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎąĎŹÍ˜Ď­ ZÄžĆ?Ĺ?ĚĞŜĆ&#x;Ä‚ĹŻ Ĺ?Ć?ĆšĆŒĹ?Ä?ĆšĆ?

1. Agriculture (AG), Rural Residential (RR), Suburban Residential (SR), General Residential (GR), Urban Residential (UR), Neighborhood Conservation (NC), and residential uses in the ‹š‡† •‡ Č‹ ČŒ ƒÂ?† —„—”„ƒÂ? ‘Â?Â?‡”…‹ƒŽ Č‹ ČŒ ‹•–”‹…–•. a. Height Exceptions.

1.

Any structure, principal use, or building erected or altered after the effective date of this Code shall comply with the height limitations of the district ‹Â? ™Š‹…Š ‹– ‹• ÂŽÂ‘Â…ÂƒÂ–Â‡Â†ÇĄ ‡š…‡’– ĥ •’‡…‹Ď?‹‡† ‹Â? –Š‹• –‡Â?Ǥ Â‘Â™Â‡Â˜Â‡Â”ÇĄ ‹Â? Â?‘ …ƒ•‡ shall the exceptions listed below exceed the maximum height restrictions of the Airport Protection (AP) district, as set out in Subsection 25.02.060.1, Airport Protection (AP) Overlay District.

2.

The appurtenances listed below may exceed the prescribed height limit of the district in which they are located, provided they are normally required for a use permitted in the district in which they are erected or constructed.

However, no appurtenance shall appreciably shade a solar array located on the same or any adjoining property.

A. Belfries; B. Chimneys; C. Condensers; D. Cooling towers; E. Cupolas, domes, and spires; F. Elevator bulkheads; G. Flagpoles; H. Monuments; I. Observation or ornamental towers; J. Penthouses for other than living purposes; K. Solar arrays, collectors, condensers, and heat storage units, subject to the standards set out in Subsection 25.03.080.4, Solar Arrays.

L. Stacks; and M. Standpipes and other necessary mechanical appurtenances and their protective housing. b. Lot Area Exceptions. See Subsection 25.06.120.7, Nonconforming Lots. c. Yards. Any building, structure, or principal use erected, altered, or established shall comply with the yard requirements of the district in which it is located, as set out in Subsection 25.03.020.3, Development Standards (for Established Neighborhoods) or Subsection 25.03.030.1, Development Standards (for New Neighborhoods), ex…‡’– ĥ •’‡…‹Ď?‹‡† ‹Â? –Š‹• –‡Â?Ǥ 1.

The required yards for any building, structure, or use shall be contained on the same lot and in the same district as the building, structure, or use for which it is required.

2.

All required yards shall be open from the ground to the sky, except as speciĎ?‹‡† ‹Â? –Š‹• –‡Â?Ǥ d. Yard Encroachments.

1.

Eaves and cornices may extend no more than two feet into a required yard, except that eaves may encroach up to three feet into a required yard when such yard is 10 feet or more in width or depth. In the case of lot line homes, eaves and cornices shall either extend into a required yard or an access easement on the adjoining lot.

2.

Chimneys, when not more than four feet wide, may extend one foot into any required interior side yard or street side yard. Such chimneys may extend two feet into any yard when such yard is 10 feet or more in width or depth.

Chimneys of more than four feet in width must conform to the yard requirements.

3.

Open, uncovered porches or terraces. Ǥ ‘”…Š‡• ƒÂ?† –‡””ƒ…‡• –Šƒ– ƒ”‡ Â?‘ Š‹‰Š‡” –ŠƒÂ? –Š‡ Ď?Ž‘‘” Ž‡˜‡Ž ‘ˆ –Š‡

Sioux ity oning C ndZ ign aode S inal C raft –

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F03.23.15

Ď?‹”•– Ď?Ž‘‘” ƒ„‘˜‡ grade on the side of the building to which they are attached, and in no event higher than 26 inches above grade of the lot on the side of the building where such porch or terrace is located, may extend: i.

Three feet into any required side yard, provided it is not closer than three feet to a side lot line; ii.

Ten feet into any required front yard, provided it is not closer than eight feet to the front property line; or ‹‹‹Ǥ ‹–Š‹Â? Â?‘ Ž‡•• –ŠƒÂ? Ď?‹˜‡ ˆ‡‡– ‘ˆ –Š‡ ”‡ƒ” Ž‘– Ž‹Â?‡Ǥ B. No railing or other barrier that is higher than 42 inches shall be placed around a porch or terrace and no solid wall or barrier which „Ž‘…Â?• Ž‹‰Š– ‘” ƒ‹” •ŠƒŽŽ „‡ ™‹–Š‹Â? Ď?‹˜‡ ˆ‡‡– ‘ˆ ƒÂ?› ’”‘’‡”–› Ž‹Â?‡ǥ ‡šcept as otherwise provided in this Item.

C. All porches and terraces shall be subject to street corner visibility requirements, as set out in Subsection 25.04.110.8, Sight Distance Requirements (Reserved), or as otherwise required by the City.

4.

Air-conditioning condensers may extend four feet into a required yard, provided the condenser is no more than three feet in height and 30 cubic feet in bulk.

5.

Solar energy collectors and heat storage units of up to 200 square feet of collector surface area may extend two feet into any required yard of 10 feet or more. A solar energy collector and heat storage unit of any size needed to supply the building to which it is appurtenant may be treated as an accessory use, subject to the provisions of Subchapter 25.03-B, Accessory and Supplemental Standards, and established according to the provisions set out in Section 25.02.280, Permitted Accessory Uses, Buildings, and Structures.

6.

Garages may be allowed within a required front yard or street side yard under the following circumstances: A. When the yard slopes so severely that the roof of the garage is no more than one foot above the surface of the ground at the top of the area of grade change; B. The base of the garage closest to street right-of-way will not extend into the area between the end of the grade change and the street right-of-way; C. When no more than 25 percent of its side walls are above ground and exposed to the elements; and Ǥ ˆ–‡” ƒ Ď?‹Â?†‹Â?‰ „› –Š‡ †Â?‹Â?Â‹Â•Â–Â”ÂƒÂ–Â‘Â”ÇĄ ‘” ƒ †‡•‹‰Â?‡‡ǥ Â–ÂŠÂƒÂ–ÇŁ i.

Topographic conditions make such location necessary; ii.

Such orientation will not create a hazard to automobile or ’‡†‡•–”‹ƒÂ? –”ƒˆĎ?‹… ‹Â? –Š‡ •–”‡‡–Ǣ ƒÂ?† iii.

Such orientation will be in harmony with the character of development of the neighborhood. In no case shall such a garage be allowed in which more than 25 percent of its side walls are above ground and exposed to the elements. e. Fences and Hedges.

1.

Except in districts allowing the construction of buildings to the property line, there shall be provided an unobstructed view within the sight distance triangle, as set out in Section 25.04.110.8, Sight Distance Requirements (Reserved), or as otherwise required by the City, within which there shall be no sight-obscuring or partly obscuring wall, fence, sign, or foliage that is more than 24 inches above curb grade or, in the case of trees, foliage that is lower than 10 feet above curb grade.

2.

On portions of a lot within the sight distance triangle, the height of fences ‘ˆ ƒÂ?› Ž‡Â?‰–Šǥ ƒÂ?† ˆ‘Ž‹ƒ‰‡ …‘Â?–‹Â?—‘—• ˆ‘” Ď?‹˜‡ ˆ‡‡– ‘” Â?‘”‡ǥ •ŠƒŽŽ „‡ Ž‹Â?‹–‡† to 48 inches on any street right-of-way and the front 50 feet of any side lot line. On all other portions of lot lines, fences, hedges, and continuous foliage barriers may not exceed a height of 72 inches. However, a non-opaque fence may be placed around the grounds of a public or private school that may be up to 96 inches in height.

3.

Fences and hedges erected within the building envelope may conform with the building height limits for the district in which it is located, subject to all applicable building codes, as amended from time to time. f. Exception. The Board of Adjustment may approve, or may direct as a condition for granting an appeal, that fences or hedges of a height in excess of those established in this Item be placed as buffering between uses, provided that no such approval shall have the effect of reducing sight visibility. g. Platted Building and Setback Lines. If a recorded subdivision plat imposes a building or setback line for a lot which is greater than the minimum yards required in this Code, then, notwithstanding any other provision of this Code, the minimum yards shall be the greater of those shown on the subdivision plat or those set out in Subsection 25.03.020.3, Development Standards (for Established Neighborhoods) or Subsection 25.03.030.1, Development Standards (for New Neighborhoods). h. Corner Lot Side Yards. The side yards of corner lots shall be no less than 20 feet, unless a reduction to 15 feet is allowed by the Administrator, or a designee, due to garage access from the side street. i. ‹Â?‘” Â‘Â†Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â?•Ǥ Š‡ Â›ÂƒÂ”Â†ÇĄ Â•Â’ÂƒÂ…Â‡ÇĄ ƒÂ?† „—ŽÂ? ”‡‰—Žƒ–‹‘Â?• •’‡…‹Ď?‹‡† ‹Â? –Š‹• ‘†‡ Â?ƒ› ‹Â?…Ž—†‡ …‘Â?•‹†‡”ƒ–‹‘Â? ‘ˆ Â?‹Â?‘” Â?‘†‹Ď?‹…ƒ–‹‘Â?• –Šƒ– Â?ƒ› „‡ ƒ—–Š‘”‹œ‡† „› –Š‡ †Â?‹Â?‹•trator, or a designee, as set out in Subsection 25.06.150.2, ‡’ƒ‹”• ƒÂ?† Â‘Â†Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â?•. j. Average Front Setbacks. Front setbacks may be reduced to the average front setback along the same side of the same street segment in the same district, provided that: 1.

The lot proposed for development is not counted in the calculation; and 2.

If the lot takes vehicular access from the front, the driveway must be at least: A. 25 feet long, measured from the property line at the street right-ofway to a building wall or garage door; and B. The width of the garage door(s) are not more than 18 feet or less than nine feet in width. (See Figure 25.03.050.1, Front Setback Averaging) &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎąĎŹÍ˜Ď­ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎąĎŹÍ˜ĎŽ EĹ˝ĹśĆŒÄžĆ?Ĺ?ĚĞŜĆ&#x;Ä‚ĹŻ Ĺ?Ć?ĆšĆŒĹ?Ä?ĆšĆ?

1. Suburban Commercial (SC), General Commercial (GC), Downtown Commercial (DC), ‹š‡† •‡ Č‹ ČŒ ‹•–”‹…–•ǥ —•‹Â?॥ ƒ”Â? Č‹ ČŒÇĄ ‡Â?‡”ƒŽ Â?†—•–”‹ƒŽ Č‹

ČŒÇĄ ƒÂ?† ‹”’‘”– ”‘–‡…–‹‘Â?

(AP) Districts. a. Height Exceptions.

1.

Any structure, principal use, or building erected or altered after the effective date of this Code shall comply with the height limitations of the district ‹Â? ™Š‹…Š ‹– ‹• ÂŽÂ‘Â…ÂƒÂ–Â‡Â†ÇĄ ‡š…‡’– ĥ •’‡…‹Ď?‹‡† ‹Â? –Š‹• –‡Â?Ǥ A. In no case shall the exceptions listed below exceed the maximum height restrictions of the Airport Protection (AP) district, as set out in Subsection 25.02.060.1, Airport Protection (AP) Overlay District.

B. No permit shall be granted for any structure exceeding 200 feet in height unless the applicant presents an approval from the Federal Aviation Administration (FAA) or its successor.

2.

In the Airport Protection (AP) district, nothing in this Code shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to a height of not more than 45 feet above the surface of the land, as allowed by the applicable district and as set out in Subsection 25.02.060.1, Airport Protection (AP) Overlay District.

3.

The appurtenances listed below may exceed the prescribed height limit of the district in which they are located, provided they are normally required for a use permitted in the district in which they are erected or constructed.

However, no appurtenance shall appreciably shade a solar array located on the same or any adjoining property.

A. Belfries; B. Chimneys; C. Condensers; D. Cooling towers; E. Cupolas, domes, and spires; F. Elevator bulkheads; G. Flagpoles; H. Monuments; I. Observation or ornamental towers; J. Solar arrays, collectors, condensers, and heat storage units, subject to the standards set out in Subsection 25.03.080.4, Solar Arrays.

K. Stacks; and L. Standpipes and other necessary mechanical appurtenances and their protective housing. b. Yards.

1.

Any building, structure or use erected, altered, or established shall comply with the yard requirements of the district in which it is located, as set out in Subsection 25.03.040.1, Development Standards (for Nonresidential and ‹š‡† Â•Â‡Â•ČŒÇĄ ‡š…‡’– ĥ •’‡…‹Ď?‹‡† ‹Â? –Š‹• –‡Â?Ǥ A. The required yards for any building, structure, or use shall be contained on the same lot and in the same district as the building, structure, or use for which it is required.

B. All required yards shall be open from the ground to the sky, except ĥ •’‡…‹Ď?‹‡† ‹Â? –Š‹• –‡Â?Ǥ c. Yard Encroachments.

1.

Canopies and overhangs on any side of a building may extend no more than four feet into a required yard.

2.

Open, uncovered porches or terraces. Ǥ ‘”…Š‡• ƒÂ?† –‡””ƒ…‡• –Šƒ– ƒ”‡ Â?‘ Š‹‰Š‡” –ŠƒÂ? –Š‡ Ď?Ž‘‘” Ž‡˜‡Ž ‘ˆ –Š‡ Ď?‹”•– Ď?Ž‘‘” ƒ„‘˜‡ grade on the side of the building to which they are attached, and in no event higher than 26 inches above grade of the lot on the side of the building where such porch or terrace is located, may extend: i.

Three feet into any required side yard, provided it is not closer than three feet to a side lot line; ii.

Ten feet into any required front yard, provided it is not closer than eight feet to the front property line; or ‹‹‹Ǥ ‹–Š‹Â? Â?‘ Ž‡•• –ŠƒÂ? Ď?‹˜‡ ˆ‡‡– ‘ˆ –Š‡ rear lot line.

B. No railing or other barrier that is higher than 42 inches shall be placed around a porch or terrace and no solid wall or barrier which „Ž‘…Â?• Ž‹‰Š– ‘” ƒ‹” •ŠƒŽŽ „‡ ™‹–Š‹Â? Ď?‹˜‡ ˆ‡‡– ‘ˆ ƒÂ?› ’”‘’‡”–› Ž‹Â?‡ǥ ‡šcept as otherwise provided in this Item.

C. All porches and terraces shall be subject to street corner visibility requirements, as set out in Subsection 25.04.110.8, Sight Distance Requirements (Reserved), or as otherwise required by the City.

3.

For all other yard encroachments, see Subsection 25.03.050.1, Residential Districts. d. Fences and Hedges. See Subsection 25.03.050.1, Residential Districts. e. Exception. See Subsection 25.03.050.1, Residential Districts. f. Parking. The required interior side yard or rear yard adjacent to a principal building may be used for automobile parking whereas parking is allowed in the required street side yard and front yard only as provided for by Table 25.03.040.1, Nonresidential and Mixed Use Standards. g. ‹Â?‘” Â‘Â†Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â?•. The yard, space, and bulk regulations •’‡…‹Ď?‹‡† ‹Â? –Š‹• ‘†‡ Â?ƒ› ‹Â?…Ž—†‡ …‘Â?•‹†‡”ƒ–‹‘Â? ‘ˆ Â?‹Â?‘” Â?‘†‹Ď?‹…ƒ–‹‘Â?• –Šƒ– Â?ƒ› „‡ ƒ—–Š‘”‹œ‡† „› –Š‡ †Â?‹Â?istrator, or a designee, as set out in Subsection 25.06.150.2, ‹Â?‘” Â‘Â†Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â?•. ^h , Wd Z ĎŽĎąÍ˜ĎŹĎŻÍ˛ ^^KZz E ^hWW> D Ed > ^d E Z ^ Sec. 25.03.060 Purpose The purpose of this Division is to set out standards for accessory structures or buildings, and certain accessory uses in the City. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎłĎŹ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ The standards for accessory structures or buildings and accessory uses apply as follows: 1. All Uses. All uses in all zoning districts, as set out in Section 25.03.080, All Uses; 2. Residential Uses. Residential uses, as set out in Section 25.03.090, Residential Use Accessory and Supplemental Standards; and 3. ‘Â?”‡•‹†‡Â?–‹ƒŽ •‡• ƒÂ?† ‹š‡† •‡ ‡˜‡Ž‘’Â?‡Â?–. Nonresidential uses and mixed-use development, as set out in Section 25.03.100, Nonresidential and Mixed Use Accessory and Supplemental Standards.

Sec. 25.03.080 All Uses ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎ´ĎŹÍ˜Ď­ Ä‚ĆŒĆ‰Ĺ˝ĆŒĆšĆ? ĂŜĚ WĹ˝ĆŒĆšÄžÍ˛ Ĺ˝Ä?ĹšÄžĆŒÄžĆ?

1. Generally. Carports and porte-cocheres are allowed pursuant to the standards of this Item.

2. Where Allowed. a. Generally. Carports and porte-cocheres are allowed in the following locations: 1.

Within the building envelope for principal buildings and accessory buildings on all residential properties, except for multiple-family dwelling units.

2.

Within vehicular use areas (in the case of porte-cocheres, passenger loading areas) of multiple-family, nonresidential, and mixed-use development. b. In the NC Sub-Districts. Carports and porte-cocheres may be constructed within the building envelope or outside of the building envelope, as follows: 1.

If carports and porte-cocheres exist on the block face or within the immediate neighborhood; and 2.

Support posts shall not be closer than: A. Four feet to any interior side property line; and B. Ten feet from a rear property line; and C. Ten feet from a front or street side property line.

3.

Carports and porte-cocheres shall not encroach upon or extend to within two feet of a sidewalk; 4.

Drainage from carports and porte-cocheres shall not impact adjacent properties; 5.

The canopy or roof structure (including overhangs) shall not extend past

9

the support posts by more than two feet and in no case shall be closer than two feet to any property line; Carports, trellises, arbors, porte-cocheres, and similar structures shall be no less than 50 percent open on all sides, with the exception of a side (or sides) that abut a wall of the principal building; and 7.

Carports and porte-cocheres shall not be used for storage of any items that can be viewed from public street right-of-way, except motor vehicles. Storage of any items within a carport or porte-cochere shall be within a fully enclosed cabinet or closet that is located adjacent to the principal building and with a depth of no greater than 30 inches.

3. �…”‘ƒ…Š�‡�–Ǥ Carports and porte-cocheres shall not encroach into easements.

4. Height. Carports and porte-cocheres shall not exceed one story or 16 feet in height, whichever is less.

5. Construction Methods. Carports and porte-cocheres and their support structures shall be Ď?‹”Â?Ž› ƒÂ?…Š‘”‡† –‘ –Š‡ ‰”‘—Â?† ƒÂ?† •ŠƒŽŽ Â?‡‡– ƒ’’Ž‹…ƒ„Ž‡ „—‹Ž†‹Â?‰ …‘†‡•Ǥ 6. Architecture. Structures that can be viewed from public street right-of-way shall be construct‡† •‘ –Šƒ– •—’’‘”–‹Â?‰ ’‘•–•ǥ ÂˆÂƒÂ•Â…Â‹ÂƒÇĄ •‘ˆĎ?‹–•ǥ ƒÂ?† ”‘‘ˆ• ƒ”‡ –Š‡ •ƒÂ?‡ Â?ƒ–‡”‹ƒŽ• ƒÂ?† …‘Ž‘”• ĥ –Š‡ ’”‹Â?…‹pal building. Exceptions are only provided if the roof portion of the structure is approved as a trellis, arbor, or similar open-roof type structure.

7. —‹Ž†‹�‰ ‡”�‹–Ǥ A building permit is required for the construction of carports and porte-cocheres.

6.

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎ´ĎŹÍ˜ĎŽ ZĞĨƾĆ?Äž ŽŜƚĂĹ?ĹśÄžĆŒĆ?

1. Generally. Refuse containers (also referred to as waste receptacles) and community recycling bins may be required by the Administrator for attached residential development. Refuse containers shall and community recycling may be provided for multiple-family, nonresidential, and mixed-use development for collection of solid wastes and recyclables. All refuse containers and/or recycling bins are subject to the standards set out in this Item.

2. Standards for Refuse Containers. a. Refuse containers shall be located no more than 200 feet from the individual uses they are intended to serve; b. If the container(s) are located in an alley, access shall be provided via the alley and used for the service of other properties; …Ǥ ……‡•• –‘ …‘ŽŽ‡…–‹‘Â? ˆƒ…‹Ž‹–‹‡• •ŠƒŽŽ „‡ …‘Â?Ď?‹‰—”‡† –‘ Â?‡‡– –Š‡ ”‡“—‹”‡Â?‡Â?–• ‘ˆ –Š‡ ”‡ˆ—•‡ hauler; d. The refuse container area shall be fully enclosed by an opaque wall constructed of masonry and designed to match or complement the architecture of the principal building. e. The refuse container enclosure shall have the following (see Figure 25.03.080.2, Refuse Enclosure): 1.

The opaque wall shall be no less than six and not greater than seven feet in height; 2.

Opaque metal service gates that remain closed at all times, except when the container is being serviced; 3.

A separate opaque metal service pedestrian access gate or a pedestrian opening that screens the container(s) from view at all times except when it is being serviced; 4.

An adequate size to accommodate: Ǥ Â?‡ ‘” Â?‘”‡ ”‡ˆ—•‡ …‘Â?–ƒ‹Â?‡”• –Šƒ– ƒ”‡ ‘ˆ ƒ •—ˆĎ?‹…‹‡Â?– •‹œ‡ –‘ •‡”˜‹…‡ the development, based on the frequency of solid waste collection; and B. One or more recycling bins (whether provided at the time of development or not), based on the anticipated generation of recyclable materials and the frequency of collection. f. The location of and access to refuse containers shall meet all engineering design standards of the City pertaining to maneuvering space. g. Refuse containers shall be located in a side or rear yard of the parcel proposed for development, unless it is not possible to provide service access in either location. If an enclosure must be located in a front yard or street side yard, it shall be designed according to Item 2.e., above, with the exception that the enclosure shall be a minimum of eight feet in height; h. The refuse facilities shall be spaced at least: 1.

Fifteen feet from residential lot lines that are part of the parcel proposed for development; and 2.

Thirty feet from residential lot lines that are adjacent to the parcel proposed for development.

3. –ƒ�†ƒ”†• ˆ‘” ‘��—�‹–› ‡…›…Ž‹�‰ ‹�•. Community recycling bins: a. May be made available for use by the general public. b. Shall be clearly marked to identify the type of material to be deposited and the identity and phone number of the operator. c. Shall be maintained in a clean, litter-free condition. d. Shall have the following: 1.

Full enclosure by an opaque wall constructed of masonry and designed to match or complement the architecture of the principal building; 2.

A minimum height of six feet; and 3.

Opaque metal service gates that remain closed at all times except when the facility is being used. e. Community recycling bins may be located: 1.

In a loading or service area that is at least 50 feet from property lines and screened according to Item 3.d., above; and 2.

In a refuse collection enclosure as set out in Item 2, above). &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎ´ĎŹÍ˜ĎŽ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎ´ĎŹÍ˜ĎŻ ZĞƚĂĹ?ĹśĹ?ĹśĹ? tÄ‚ĹŻĹŻĆ?

1. Generally. Retaining walls may be approved in the following circumstances where: a. They are an appropriate engineering solution which is needed in order to mitigate the risk to life and property of a geologic hazard; b. They are necessary to retain soils and stabilize sites; or c. Their use is an appropriate engineering solution which is part of an approved erosion control plan, slope stability plan, or stormwater management plan.

2. Design of Retaining Walls. Permitted retaining walls shall blend in with the natural features of the setting as follows: ƒǤ ‡–ƒ‹Â?‹Â?‰ ™ƒŽŽ• •ŠƒŽŽ „‡ Ď?‹Â?‹•Š‡† ™‹–Š –‹Â?„‡”•ǥ ”ƒ‹Ž”‘ƒ† –‹‡•ǥ ‘” Â?ƒ–‹˜‡ ”‘…Â? ‘” ‘–Š‡” Â?ƒsonry which conveys a scale and texture similar to that of natural rock or traditional materials found within the City. b. Retaining walls shall be designed and stamped by an Iowa Registered Professional Engineer, specializing in Structural Engineering, under the following conditions: 1.

Any wall, four feet in height or greater, where its height exceeds its distance from a right-of-way line or a common property line; or 2.

Any wall six feet or greater at its highest point as measured from the top of the wall to the lowest adjacent ground level, not including its foundation depth.

3. Permit Required. Any retaining wall 30 inches in height or greater shall require a retaining wall permit.

4. Foundation Walls as Retaining Walls. On hillsides, a foundation wall that is not more than 12 feet in height above adjacent grade may be used as a retaining wall for a building. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎ´ĎŹÍ˜Ď° ^Ĺ˝ĹŻÄ‚ĆŒ ĆŒĆŒÄ‚Ç‡Ć?

1. Generally. Solar arrays are allowed as provided in this Item.

2. š‡Â?’–‹‘Â?. Solar arrays and energy storage units are exempt from the requirement of obtain‹Â?‰ ƒ …‡”–‹Ď?‹…ƒ–‡ ‘ˆ ‘……—’ƒÂ?…›ǥ ĥ •‡– ‘—– ‹Â? —„•‡…–‹‘Â? 25.06.080.12, Â‡Â”Â–Â‹Ď”Â‹Â…ÂƒÂ–Â‡ ‘ˆ ……—’ƒÂ?…›.

3. ‡‹‰Š– ƒ�† ”‡ƒ š…‡’–‹‘�•. Solar arrays and their condensers and energy storage units may exceed the height limit and encroach into the required yards of the district in which they are located, subject to the standards and limitations set out in Section 25.03.050, Height and Area Exceptions.

4. Standards. The following standards apply to all solar arrays: a. Roof-Mounts. Solar arrays may be roof-mounted on principal buildings and accessory buildings. b. Ground-Mounts. Ground- or structure-mounted (not mounted on buildings) solar arrays shall be set back from property lines distances equal to that of detached accessory buildings, subject to the encroachment allowances set out in Section 25.03.050, Height and Area Exceptions. c. Carports and Covered Walkways. Carports and covered walkways may be covered with solar arrays if: 1.

There is not less than eight feet of clearance under the carport or covered walkway; and 2.

Solar panels that cover carports and walkways are set back from the front property line as required for principal buildings if located in a residential district. d. Removal or Replacement of Damaged Arrays. If solar arrays are damaged, such that the damage is obvious when viewed from public right-of-way, then the arrays shall be removed or replaced within 60 days of the event that caused the damage. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎľĎŹ ZÄžĆ?Ĺ?ĚĞŜĆ&#x;Ä‚ĹŻ hĆ?Äž Ä?Ä?ÄžĆ?Ć?Ĺ˝ĆŒÇ‡ ĂŜĚ ^ƾƉƉůĞžĞŜƚĂů ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎľĎŹÍ˜Ď­ Ä?Ä?ÄžĆ?Ć?Ĺ˝ĆŒÇ‡ ĆľĹ?ĹŻÄšĹ?ĹśĹ?Ć? ĂŜĚ ^ĆšĆŒĆľÄ?ĆšĆľĆŒÄžĆ?

1. Timing of Construction. No accessory building or structure shall be constructed unless the principal building is constructed or under construction simultaneously with the accessory building or structure.

2. ƒš‹�—� —�„‡” ‘ˆ ……‡••‘”› —‹Ž†‹�‰•Ǥ No more than two accessory buildings shall be constructed on a lot in the Rural Residential (RR), Suburban Residential (SR), General Residential (GR), Urban Residential (UR), and Neighborhood Conservation (NC) districts.

3. Residential Occupancy. Residential occupancy of an accessory building that is not constructed and approved for resident use is prohibited.

4. ––ƒ…Š‡† ……‡••‘”› —‹Ž†‹�‰•Ǥ Accessory buildings or structures that are structurally attached to a principal building shall conform to all standards that are applicable to the principal building.

5. Detached Garages. a. Access.

1.

Driveway access to garages shall be no less than 10 feet wide and shall be constructed to the standards set out in Subsection 25.05.050.2, Access to Single-Family and Two-Family Lots (Reserved), or an otherwise required by the City.

2.

A driveway of no less than 20 feet in length shall be constructed to provide off-street access to the garage for which such length shall be measured from the face of the garage doors to the street right-of-way. b. Setbacks. The setbacks for detached garages are as follows: 1.

Interior Side YardsǤ †‡–ƒ…Š‡† ‰ƒ”ƒ‰‡ Â?ƒ› „‡ Ž‘…ƒ–‡† ƒ Â?‹Â?‹Â?—Â? ‘ˆ Ď?‹˜‡ feet from the side lot line of the property if it is located in an area from the rear building line of the principal building to the rear property line and is under 16 feet in height. An additional one foot setback is required for every two feet above 16 feet in height, up to the maximum height required by the district.

2.

Front Yards. No detached garage may be located between the front building line of the principal building and the front property line, unless in accordance with the provisions for yard encroachments (i.e. steep slopes) in Subsection 25.03.050.1, Residential Districts.

3.

Rear Yards. The minimum rear yard setback for detached garages shall be Ď?‹˜‡ ˆ‡‡–Ǥ Š‹• Â?‹Â?‹Â?—Â? ”‡ƒ” ›ƒ”† •‡–„ƒ…Â? •ŠƒŽŽ „‡ ‹Â?…”‡ƒ•‡† –‘ ʹͲ ˆ‡‡– ‹ˆ –Š‡ accessory building is a garage with a vehicular entrance door that is oriented toward an alley. Double-frontage lots shall require front yard setbacks along both street frontages per the district standards. Easements may be incorporated into these required setbacks. No detached garage shall be located within any easement or right-of-way along the rear property line.

4.

Street Side Yards. Any garage that fronts on public street right-of-way must be set back the greater of 20 feet or the minimum setback required by the district. c. Single-Story Detached Garage. A single-story detached garage may be constructed within the building envelope or in a side or rear yard, provided that the garage is: ͳǤ

Â? …‘Â?ˆ‘”Â?ƒÂ?…‡ ™‹–Š ƒŽŽ „—‹Ž†‹Â?‰ ƒÂ?† Ď?‹”‡ …‘†‡•Ǣ ƒÂ?† 2.

Is no greater than 16 feet in height to the peak of the roof, excluding a cupola; ;Ǥ ‡– „ƒ…Â? Â?‘ Ž‡•• –ŠƒÂ? Ď?‹˜‡ ˆ‡‡– ˆ”‘Â? •‹†‡ ƒÂ?† ”‡ƒ” ’”‘’‡”–› Ž‹Â?‡• ƒÂ?† †‘‡• not encroach into utility or other easements; or 4.

Set back according to the standards set out in Subsection 25.03.020.3, Development Standards (for Established Neighborhoods) or Subsection 25.03.030.1, Development Standards (for New Neighborhoods), for the type of housing with which the garage is associated. d. Single-Story Detached Garage as Perimeter Wall. A single-story detached garage may be constructed as a perimeter wall of single-family attached and multiple-family developments, provided that: 1.

The perimeter wall is horizontally offset at least two feet for every 50 feet in length (see Figure 25.03.090.1, Perimeter Garage Walls); and 2.

If the outside wall of a garage is used as part of a required bufferyard, it is installed on the inside boundary of the bufferyard. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜ĎŹĎľĎŹÍ˜Ď­ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ e. Two-Story Detached Garage. A two-story detached garage may be constructed as an accessory building to single-family detached dwellings if it is located within the building envelope and does not exceed the height of the principal dwelling.

6. Detached Garages in the Neighborhood Conservation (NC) Sub-districts. The standards of Item 5, above, apply with the exception of those set out in this Item. a. Setbacks. The setbacks for detached garages are as follows: 1.

Interior Side Yards. A detached garage may be located a minimum of three feet from the side lot line of the property if it is located in an area from the rear building line of the principal building to the rear property line and is under 16 feet in height. An additional one-half foot setback is required for every two feet above 16 feet in height, up to the maximum height required by the district.

2.

Rear Yards. The minimum rear yard setback for detached garages shall be three feet. This minimum rear yard setback shall be increased to 18 feet if the accessory building is a garage with a vehicular entrance door that is oriented toward an alley. Double-frontage lots shall require front yard setbacks along both street frontages per the district standards. Easements

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1. . Decks and balconies shall be set back as required by Subsection 25.03.020.3, Development Standards (for Established Neighborhoods), and Subsection 25.03.030.3, Development Standards (for New Neighborhoods). Ground-level decks are permitted within three feet of interior side and rear property lines.

2. Patios. Patios shall be set back as required by Subsection 25.03.020.3, Development Standards (for Established Neighborhoods), and Subsection 25.03.030.3, Development Standards (for New Neighborhoods).

3. Porches and Terraces. Porches and terraces are subject to the standards set out in Subsection 25.03.050.1, Residential Districts, and Subsection 25.03.050.2, Nonresidential Districts.

Single-Family Detached Lot and Building Standards; and Table 25.03.030.3B, Single-Family Attached and Multiple-Family Lot and Building Standards, is met.

3. Survey Required. A copy of a plat of survey showing all existing buildings on the lot or parcel of land where the accessory building is proposed to be located shall be submitted with the required building permit application.

4. Ǥ Accessory buildings or structures that are structurally attached to a principal building shall conform to all standards that are applicable to the principal building.

5. Storage and Utility Sheds. a. Storage buildings are permitted as accessory structures on nonresidential lots in the General Commercial (GC) and Mixed Use (MU) districts, if it is demonstrated that the following criteria are met: ͳǤ ϐ utility buildings does not exceed ϐ Ǣ ʹǤ ϐ 1,500 square feet; 3.

Storage and utility buildings are located only behind principal buildings; 4.

Storage and utility buildings are completely screened from adjacent properties and public rights-of-way view via hedges, buildings, or perimeter walls (see Subsection 25.03.100.3, Fences and Walls, and Subchapter 25.05B, Landscaping and Buffering); 5.

Converted semi-trailers, manufactured homes, modular shipping containers, dumpsters, or similar structures or equipment shall not be used for storage; and 6.

Storage and utility buildings are used for property maintenance purposes, and not for commercial uses or storage for resale or goods or merchandise. b. Storage buildings are permitted as accessory structures on lots in the General Industrial (GI) district , if it is demonstrated that the following criteria are met: 1.

If the storage building is larger than 200 square feet, it is located within the building envelope; or 2.

If the storage building is 200 square feet or less, it is situated behind the principal building and set back at least 10 feet from all side and rear property lines.

6. Gasoline Dispensing Islands and Service Station Canopies. Gasoline dispensing islands and canopies shall be permitted as accessory structures for gasoline stations and automobile service uses if it is demonstrated that: Ǥ ǡ ǡ ϐ ing. b. Canopies are not used as an extension of signage beyond that which is allowed in Subchapter 25.05-C, Signs. c. The trim of the canopy is not internally or externally illuminated. d. Gasoline dispensing islands and service station canopies are set back 15 feet from front or corner side lot lines.

7. Car Washes. Car washes are permitted as accessory structures for automobile service uses if it is demonstrated that: a. The car wash, except for an area for manually drying and polishing vehicles, is located entirely within a building; b. The car wash building is designed with a similar architectural style, materials, and roofing as the principal building; and c. The car wash building is buffered from public rights-of-way with a Class B bufferyard.

8. Ǥ a. Footprint: 1.

In the General Commercial (GC) district, a maximum of 25 percent of the footprint of the principal building is permitted for detached accessory buildings or structures.

2.

In the General Industrial (GI) district, detached accessory buildings or ϐ ǡ following instances: A. The detached accessory building or structure is larger than 200 square feet, it shall be located within the building envelop; or B. The detached accessory building or structure is 200 square feet or less, it shall be located behind the principal building and set back at least 10 feet from all side and rear property lines. b. Location and Setbacks: No detached accessory building or structure shall be located in a required front yard., within an easement, or located closer than six feet to any other building. c. Height: No detached accessory building or structure shall have more than one-story or exceed 16 feet in height, whichever is less, unless it is located within the building envelop and permitted as an accessory to the business or manufacturing uses.

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϯ͘ϬϵϬ͘ϯ &ĞŶĐĞƐ ĂŶĚ tĂůůƐ

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϯ͘ϭϬϬ͘Ϯ ŽŶĂƟŽŶ ŝŶƐ

1. Height. No fence or wall shall exceed the following heights: a. Front yard: 48 inches. b. Interior side yard (behind the front building line) and rear yard: six feet. c. Street side yard: 48 inches to the front building line and then tapering up to six feet to the rear building line. d. In an interior side yard or rear yard abutting a mixed use or nonresidential district: eight feet. e. In a rear yard abutting an arterial or collector street: six feet.

2. Openness. Fences in a required front yard or street side yard shall not exceed 50 percent opacity. All other fences may exceed 50 percent opacity.

3. OrientationǤ ϐ Ǧ Ǧ way, as illustration in Figure 25.03.090.3, Fence Orientation and Setback. All support posts and stringers shall face inward toward the property upon which the fence is located, or the subdivision that it screens (if located on commonly owned property).

4. Continuity of Fences and Walls Along Streets. The continuity of fences and walls along collector and arterial streets shall be maintained between street intersections on the same side of the street in terms of design, color, materials, and height. Where fences and walls along the same side of the street vary in design, color, materials, or height, then new or replacement fences or walls shall be matched to existing structures in the following order of priority: a. Existing masonry walls, if such walls occupy more than 20 percent of the distance between street intersections; or b. The existing privacy fence that is in the best condition.

5. Materials. a. Materials shall be durable and in character of residential development. Materials shall include: weather resistant wood species, split rail, wood treated with U.S. Environmental Protection Agency approved preservatives, painted wood, ornamental iron or powder-coated aluminum, chain link, brick, stone, and masonry. Ǥ ȋ Ȍ ǡ ϐ Ǥ Ǥ ǡ ǡ ǡ ǡ ǡ ǡ ϐ ǡ barbed wire, spikes, nails, other sharp metal points or instruments on tops or sides, welded wire, agricultural fencing, and chicken wire are not permitted, except in the AG district (farm). d. Barbed wire cradles facing inward toward the property may be placed on top of fences enclosing public utility buildings ϐ are necessary to address security interest.

6. Location Restriction and Drainage. a. No fence or wall shall be built on any lot or tract outside the lot lines. Ǥ ϐ approval of the public entity. Removal of any such fence or wall is at the expense of its owner. Ǥ ϐ courses, or drainageways created within easements.

7. Ǥ ϐ Subchapter 25.05-B, Landscaping and Buffering, shall conform to the requirements of this Item. &ŝŐƵƌĞ Ϯϱ͘Ϭϯ͘ϬϵϬ͘ϯ ŽŶ ĮůĞ ŝŶ ƚŚĞ WůĂŶŶŝŶŐ ŝǀŝƐŝŽŶ KĸĐĞ͕ ZŽŽŵ ϯϬϴ͕ ŝƚLJ ,Ăůů

1. Generally. Donation bins and similar temporary storage containers are permitted by registered ϐ ǡ ǡ ǡ ǡ toys, leather goods, and small electronics.

2. Accessory Structure. Donation bins are considered to be an accessory structure that may be placed on developed properties that are zoned General Commercial (GC), Downtown Commercial (DC), and Mixed Use (MU), subject to the provisions of Subchapter 25.02-F, Accessory Uses and Structures.

3. Location and Requirements. ϐ ǡ place donation bins in accordance with the following standards: a. There shall be no more than one donation bin on any property or portion of a property unless approved by the Planning and Zoning Commission. b. The bin shall not exceed a capacity of 512 cubic feet (8’ x 8’ x 8’ maximum dimensions). c. The bin shall be designed and installed in a manner that prevents the bin from tipping over. d. The organization placing the bin shall: 1.

Disclose to the City by way of a written letter the intended recipient(s) of collected items and the percentage of funds or goods collected that will be ϐ ǡ Ǣ 2.

Submit to the City a written letter from the property owner consenting to the placement and maintenance of the donation bin; 3.

Keep the bin in good repair, maintain the area around the bin free of litter, ϐ Ͷͺ Ǣ 4.

Clear the bin of its contents no less than every two weeks, or as needed, more often to prevent the placement of items outside of or around the bin; and 5.

Clearly mark in an area no greater than one square foot in size the name ϐ ǡ on the bin. e. Bins shall be located: 1.

Only in a side or rear yard; and 2.

On a concrete surface that is not also a parking space and that does not, in any way, reduce the minimum required parking for the site on which it is located. f. The location of bins shall not interfere with any of the following: 1.

Sight distance triangles; 2.

On-site parking, vehicular access, circulation, or maneuvering areas; 3.

Required setbacks; 4.

Landscaping, screening, and buffering; 5.

Other applicable requirements set out in this Code. g. The bins(s) shall be enclosed by use of a receiving door and locked so that the contents of the bin may not be accessed by anyone other than those responsible for retrieval of the contents. h. The bin(s) shall be screened on three sides by a continuous row of shrubbery with a minimum height (at planting) of no less than 36 inches. Such landscaping shall be installed and maintained in accordance with the standards set out in Section 25.05.170, Landscape Plan, Installation, and Maintenance.

may be incorporated into these required setbacks. No detached garage shall be located within any easement or right-of-way along the rear property line. b. Exemption. A one-time exemption from the impervious coverage limitations set out in Item 9 (see Footprint), below, may be granted by the Administrator for construction ͶͷͲ ϐ ǡ ϐ accessory dwelling unit that is above the garage (See Section 25.02.270, Accessory Dwelling Units). This exemption is for the purpose of providing on-site parking and thereby reducing the demand for onstreet parking spaces in the Neighborhood Conservation (NC) sub-districts.

7. . a. Height. One-story or 20 feet, whichever is less. b. Footprint.

1.

Generally: Accessory buildings and structures count toward the calculation of maximum impervious coverage ratio, as set out in Subsection 25.03.030.3, Lot and Building Standards. In addition, no detached accessory building or structure shall cover an area that is larger than 600 square feet nor cover more than 25 percent of the rear yard, whichever is less.

2.

AG District: In the Agriculture (AG) district, an accessory building or structure is permitted to support agricultural uses. Non-agricultural accessory buildings and structures shall cover no more than 50 percent of the footprint of the principal building. c. Setbacks.

1.

Front: A. Generally: Behind the principal building.

B. Garages: Behind the front building line.

C. Carports and porte-cochere building setbacks are established in Subsection 25.03.080.1, Carports and Porte-Cocheres.

2.

Street Side: 15 feet.

3.

Interior Side: Five feet.

4.

Rear: A. Generally: Five feet.

B. Buildings on the same lot: Six feet. d. Easements. Accessory structures and buildings shall not be located within an easement. e. Design. Accessory buildings and structures shall be designed to be compatible with the principal building in terms of: 1.

Color, which shall be the same as or complement the principal building; 2.

Roof pitch, which shall be the same as the principal building; 3.

Roof materials and color, which shall be the same as the principal building; and 4.

Materials, which shall be the same as those used on the principal building and in the case of siding or brick, shall be installed with the same patterns as on the principal building.

8. Sheds. Ǥ ͳʹͲ ϐ ͳͲ the peak of the roof may be located anywhere in a side or rear yard, provided that: ͳǤ

ϐ Ǣ 2.

It does not create nonconforming situations with respect to the building code on adjacent properties; and ͵Ǥ

ϐ Ǥ b. If a shed is located closer than three feet to a side or rear lot line, the area between the shed and the lot line is: 1.

Planted with shrubs that will grow to form a hedge with a height of at least three feet within not more than 18 months of planting; 2.

The location of an opaque wall or fence that is at least six feet in height; or 3.

No less than two feet from the roof overhang to the property line; and 4.

There is no more than one shed per residential lot. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϯ͘ϬϵϬ͘Ϯ ĞĐŬƐ͕ ĂůĐŽŶŝĞƐ͕ WĂƟŽƐ͕ ĂŶĚ WŽƌĐŚĞƐ

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϯ͘ϬϵϬ͘ϰ ZĂŝŶǁĂƚĞƌ ,ĂƌǀĞƐƟŶŐ 1. Generally. The use of rainwater harvesting is permitted as an accessory use in the residential districts.

2. Ǥ The following standards apply to rain barrels in the residential district: a. Rain barrels shall be located behind the principal building or, if in an interior side yard or street side yard, they shall be screened by an opaque fence or landscaping that is one foot taller than the barrel. b. Rain barrels shall be located no closer than two feet from an interior side or rear property line. Ǥ ϐ breeding of mosquitoes if the top is open and no lid is used. If the rain barrel con ϐ ǡ Ǥ ϐ feed directly from a gutter drain spout, and it has no other openings, then a screen is not required. d. No more than one rain barrel with a maximum capacity of 55 gallons is permitted per single-family dwelling. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϯ͘ϬϵϬ͘ϱ ^ĂƚĞůůŝƚĞ ŝƐŚĞƐ ĂŶĚ ŶƚĞŶŶĂĞ 1. Generally. The standards of this Item apply to satellite dish antennas and antennas that are associated with residential uses. They are not applicable to facilities that are used for nonresidential purposes or the provision of personal wireless telecommunication services to people who do not reside on the lot on which the dish or antennae is located.

2. Prevailing Standards. ϐ ǡ this Item shall prevail.

3. ǡ ǡ ǡ Ǥ a. The following are permitted if they are attached to a building or mounted on a mast that extends not more than four feet in height nor having a diameter exceeding four feet, as applicable, above the peak of the roof: 1.

TV antennae; 2.

DTV antennae; 3.

Wireless cable antennae; and 4.

Satellite dishes. b. All cabling must be run internally when feasible, securely attached, and as inconspicuous as practicable. c. Height, setbacks, and building permit requirements for satellite, dish, or television or radio antennae shall be as provided in Table 25.03.090.5, Antennae Requirements.

4. Mount Location and Number. The mount locations and number of satellite dishes and antennae permitted as follows: a. On the roof or ground: 1.

Not visible from street right-of-way: Four.

2.

Visible from street right-of-way: Two. b. On a building sidewall: 1.

Not visible from street right-of-way: Three 2.

Visible from street right-of-way: One 5. Ǥ a. Masts that are greater than 10 feet above the peak of the roof are permitted if it is demonstrated that an adequate signal cannot be obtained at a lower height and: 1.

The mast and antennae are lower than overhead power lines or 20 feet, whichever is less. Masts and antennas must be set back from overhead power lines such that a collapse of the mast will not result in contact with the lines. Permission must be granted from the utility company if a mast or antennae will interfere, in any way, with the overhead power lines.

2.

The mast and antenna are designed to withstand a 90 mile per hour sustained windload. b. Satellite dishes that are more than four feet in diameter are permitted if: 1.

The are located on the ground in a rear yard that does not abut street rightof-way and is not visible from ground-level views from public rights-of-way or abutting properties; and 2.

If the dish cannot be located in the rear yard, it is located on the ground within the permitted building envelope on the side of the building and the dish or antenna is fully screened from street right-of-way view with: A. A wood fence; or B. An evergreen hedge or shrub and understory trees.

6. Amateur Radio Antennae. Amateur radio antennae are permitted if the following standards are met: a. Height, setbacks, and screening for the antenna structure shall be provided in Table 25.03.090.5, Antennae Requirements. b. Support structures that are not attached to the antenna structure shall be treated as accessory structures for the purposes of height, setbacks, and building permit requirements.

^ĞĐ͘ Ϯϱ͘Ϭϯ͘ϭϬϬ EŽŶƌĞƐŝĚĞŶƟĂů ĂŶĚ DŝdžĞĚ hƐĞ ĐĐĞƐƐŽƌLJ ĂŶĚ ^ƵƉƉůĞŵĞŶƚĂů ^ƚĂŶĚĂƌĚƐ ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϯ͘ϭϬϬ͘ϭ ĐĐĞƐƐŽƌLJ ƵŝůĚŝŶŐƐ ĂŶĚ ^ƚƌƵĐƚƵƌĞƐ 1. Timing of Construction. No accessory building or structure shall be constructed unless the principal building is constructed or under construction simultaneously with the accessory building or structure.

2. . There is no limit as to the number of accessory buildings that may be constructed on a lot provided the maximum impervious coverage ratio set out in Table 25.03.020.3, Existing Neighborhoods Lot and Building Standards; Table 25.03.030.3A,

Sioux ity oning C ndZ ign aode S inal C raft –

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^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϯ͘ϭϬϬ͘ϯ &ĞŶĐĞƐ ĂŶĚ tĂůůƐ 1. Height. No fence or wall shall exceed the following heights, unless so required by Subchapter 25.05-B, Landscaping and Buffering: a. Front and street side yards: 1.

In the General Industrial (GI) District: Six feet.

2.

In all other nonresidential districts: Not permitted in front yards; 42 inches in street side yards. b. Side and rear yards: 1.

In the General Industrial (GI) District: Eight feet.

2.

In all other nonresidential districts: A. Generally: Six feet.

B. Side or rear yard abutting General Industrial (GI) district: Eight feet.

2. Materials. a. Materials shall be durable, high-quality materials including: weather resistant wood species, split rail, wood treated with U.S. Environmental Protection Agency approved preservatives, painted wood, ornamental wrought iron or powder-coated aluminum, and masonry (brick or stone). b. Chain link fences are permitted: 1.

Only in interior side and rear yards that are not also street yards; and 2.

In the General Industrial (GI) district, in any yard that is not visible from another district; and c. The use or placement of slats in chain link fences is permitted only in interior side and rear yards that are not also street yards. Ǥ ǡ ǡ ǡ ǡ ϐ ǡ ǡ ǡ ǡ sharp points or instruments on top or sides of fences, welded wire, agricultural fencing, and chicken wire are not permitted.

3. Fence/Wall Orientation and Maintenance. Ǥ ȋ ϐ from vertical orientation), and in good condition (e.g., free of rust, peeling paint or ǡ ǡ ǡ ϐ ȌǤ Ǥ ϐ street rights-of-wayǤ ǡ ϐ of the fence shall face the yard that does not belong to the applicant, unless the applicant provides to the City written consent of the abutting property owner.

4. Location Restriction and Drainage. a. No fence or wall shall be built on any lot or tract outside the surveyed lot lines. Ǥ ϐ approval of the public entity. Removal of any such fence or wall is at the expense of its owner. Ǥ ϐ courses, or drainageways created within easements.

5. Ǥ Fences and walls that are required pursuant to Subchapter 25.05-B, Landscaping and Buffering, shall conform to the requirements of that Division. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϯ͘ϭϬϬ͘ϰ >ŽĂĚŝŶŐ ĂŶĚ dƌƵĐŬ ĐĐĞƐƐ 1. Loading and Truck Access. Except as provided in Items 2 and 3, below, loading and truck access facilities shall be: a. Located behind a principal building; and b. Screened from street right-of-way by building walls, fences, landscaping, or topography (including earthen berms).

2. Front Loading in General Industrial (GI) District. Truck loading may be located in the front yard of the building if it is demonstrated that: a. The frontage is not an arterial street, highway,or interstate; and b. The property on the other side of the street is also zoned General Industrial (GI).

3. Ǥ If loading and truck access are located between a principal building and property that is used or zoned for residential purposes, then the following additional standards shall apply: a. The loading and truck access area is 100 percent screened by a bufferyard that has one level more opacity than required by the district boundary, as set out in Section 25.05.130, Bufferyards, and contains at least a six foot tall earthern berm or a low maintenance, durable solid fence or wall; or b. The loading and truck access area is located under a roof, as illustrated in Figure 25.03.10.4, Service Area Enclosure, in which case the bufferyard may be reduced by one level of opacity than required by the district boundary. &ŝŐƵƌĞ Ϯϱ͘Ϭϯ͘ϭϬϬ͘ϰ ŽŶ ĮůĞ ŝŶ ƚŚĞ WůĂŶŶŝŶŐ ŝǀŝƐŝŽŶ KĸĐĞ͕ ZŽŽŵ ϯϬϴ͕ ŝƚLJ ,Ăůů ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϯ͘ϭϬϬ͘ϱ KƵƚĚŽŽƌ ŝƐƉůĂLJ ŽĨ DĞƌĐŚĂŶĚŝƐĞ Permanent outdoor displays of merchandise by retail businesses in the districts for which they are permitted is allowed if it is demonstrated that: 1. Accessory Use. The outdoor display area involves items for sale by a commercial retailer that is located within a permanent structure or designated area on the same site.

2. Ǥ Outdoor display areas that are attached to principal buildings, as displayed in Figure 25.03.100.5, Attached Outdoor Display Area, are permitted if it is demonstrated that the areas are: a. Adjacent to a wall of a principal building or structureǡ ϐ decoratively fenced in area; b. Within the buildable area of the site; c. Not larger than 15 percent of the ϐ of the principal building, except that garden centers or other merchandise stores may have an uncovered outdoor dis ͹ͷ ϐ buildings; and d. Not located in areas that are required or used for parking or vehicular circulation.

3. Sidewalk Displays. Displays are permitted on sidewalks that abut the principal building if it is demonstrated that: a. Merchandise is displayed at a maximum height of six feet; Ǥ ϐ Ǣ c. All sidewalk merchandise displays are within 40 feet of an entrance to the principal use.

4. Other Displays. a. Other displays of merchandise are permitted if it is demonstrated that: 1.

Merchandise is displayed at a maximum height of six feet; 2.

Merchandise is not located within the public right-of-way; 3.

Merchandise is located on an improved surface that is not the required landscape surface area;

4.

Merchandise is set back either: A. Twenty feet from the edge of street pavement; or B. Five feet from the edge of the sidewalk that is closest to the merchandise; and 5.

Merchandise does not interfere with parking or vehicular use areas or emergency access. b. Displays of merchandise pursuant to this Item may be combined with displays permitted by other Sections.

5. Temporary Outdoor Sales. Temporary outdoor sales are regulated by Subchapter 25.02-E, Temporary Uses &ŝŐƵƌĞ Ϯϱ͘Ϭϯ͘ϭϬϬ͘ϱ ŽŶ ĮůĞ ŝŶ ƚŚĞ WůĂŶŶŝŶŐ ŝǀŝƐŝŽŶ KĸĐĞ͕ ZŽŽŵ ϯϬϴ͕ ŝƚLJ ,Ăůů ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϯ͘ϭϬϬ͘ϲ KƵƚĚŽŽƌ ^ƚŽƌĂŐĞ Outdoor storage is permitted in the General Commercial (GC), Mixed Use (MU), and General Industrial (GI) districts, if the following items are demonstrated: 1. General Commercial (GC) District. Outdoor storage areas are permitted if it is demonstrated that the outdoor storage area: Ǥ ϐ ϐ of the principal building; and b. Is screened from public view in one of the following ways: 1.

Enclosed by a wall that is designed into the principal building’s facade and composed of the same building materials as the principal building; or 2.

Enclosed by a wall or opaque fence with a minimum height of six feet. The wall shall be composed of the same building materials as the principal building and have a similar or complementary design. The opaque fence shall conform to the materials set out in Subsection 25.03.100.3, Fences and Walls. The wall or fence shall be landscaped with shrubs planted 36 inches on center (at time of planting) and maintained as a hedge around the entire periphery of the wall or fence, except at points of access.

2. General Industrial (GI) District. Outdoor storage areas are permitted if it is demonstrated that the outdoor storage area: Ǥ ʹͷ ϐ Ǣ b. Is located in the lot’s buildable area or rear yard or interior side yard; and c. Is screened from public view in one of the following ways: 1.

Views from the public right-of-way are completely blocked by the principal building; or 2.

Enclosed by a wall or opaque fence with a minimum height of eight feet.

The wall shall be composed of the same building materials as the principal building and have a similar or complementary design. The opaque fence shall conform to the materials set out in Subsection 25.03.100.3, Fences and Walls. The wall or fence shall be landscaped with shrubs planted 36 inches on center (at time of planting) and maintained as a hedge around the entire periphery of the wall or fence, except at points of access. Ǥ ʹͷ ϐ ing may be constructed in the General Industrial (GI) district by a conditional use permit if the screening of the storage area is accomplished with an earthen berm or other landscape feature that provides 100 percent opacity and appears as a natural area, and either: 1.

The materials that are stored in the outdoor storage area are not hazardous and do not tend to provide habitat for pests and rodents; or 2.

The lot on which the use is located is at least 750 feet from any other district and is not bounded on any side by an arterial or collector street.

3. Other Districts. Outdoor storage is prohibited in any district for which standards for outdoor storage are not provided in this Item. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϯ͘ϭϬϬ͘ϳ ^ĂƚĞůůŝƚĞ ŝƐŚĞƐ ĂŶĚ ŶƚĞŶŶĂĞ 1. Communications, Television, and Radio Antennae or Towers for Nonresidential Use. Communications, television, and radio antennas or towers for nonresidential use or providing service to users beyond the lot where the structure is installed are permitted in the General Commercial (GC), Business Park (BP), and General Industrial (GI) districts in the rear and interior side yards provided they conform with the following criteria: a. No structure may extend beyond the lot line or encroach upon or extend over any required landscape areas or bufferyard, except that support anchors may extend across lot lines where the property owner of the tower has secured a valid and recorded easement for placement of anchoring structures on adjacent property and where such anchoring devices do not encroach upon or over public rights-of-way and/or public utility or drainage easements. b. All installations shall conform with the building permit requirements set out in Table 25.03.100.7, Antennae Requirements. Ǥ ϐ ǡ shall prevail.

SUBCHAPTER 25.03-C DESIGN STANDARDS ^ĞĐƟŽŶ Ϯϱ͘Ϭϯ͘ϭϭϬ ĂĐŬŐƌŽƵŶĚ In 2010, the City Council ϐ Design Works Design Guidelines. The purpose of the design guidelines is to “articulate a collective identity and provide guiding principles for new development and redevelopment within Sioux City.”

Their intent is to “promote positive and enriching development in Sioux City by assuring that such ϐ Ǥdz forth a policy framework and to be used to guide decision-making concerning the design of quality, sustainable places and spaces throughout the City. To implement these design guidelines, this Code ϐ development and within special districts throughout the City. ^ĞĐƟŽŶ Ϯϱ͘Ϭϯ͘ϭϮϬ WƵƌƉŽƐĞ ĂŶĚ 'ŽĂůƐ 1. Purpose. This Division is for the purpose of addressing the quality design of buildings and building sites so as to preserve and enhance the visual character of the City. The standards seek to provide for buildings constructed of quality, durable materials; building sites and developments that are functional, safe, and attractive; and a community character that conveys a positive, lasting impression on both residents and visitors.

2. Goals. The design guidelines and policies set out in the Design Works document established the following design goals and policies: a. Design shall enhance the image of Sioux City; b. Design shall consider the history and regional characteristics, as well as the physical context and climate of Sioux City; c. Districts and neighborhoods shall contain compatible design elements; d. Design of structures, parking, and landscaping shall form a coherent and compatible plan; e. Site planning and landscaping are as important as architecture; Ǥ ϐ Ǣ g. Sunlight shall be incorporated into site planning; h. Functional and attractive pedestrian circulation shall be provided within and between each district and neighborhood; Ǥ ϐ Ǣ j. Projects shall be designed to be attractive and functional in all seasons; and k. Structure, size and placement shall be appropriate for the project site and its immediate environments. ^ĞĐƟŽŶ Ϯϱ͘Ϭϯ͘ϭϯϬ ƉƉůŝĐĂƟŽŶ 1. Generally. The standards of this Division apply to new development, redevelopment, substantial improvement, and expansion of residential, nonresidential, and mixed use buildings in all districts, as well as in some special districts. These standards are to be applied: a. By developers and architects in project design. b. By City staff in: 1.

Application review for site plans and development plans to ensure consistency with the guidelines set out in “Incorporation by Reference,” below; 2.

The development of special area plans, urban renewal plans, and infrastructure plans, as applicable; 3.

Amending the street design manual, subdivision regulations, and other applicable standards for land and infrastructure development; and 4.

Project design for public infrastructure projects (e.g., streets, drainageways, parks, etc.), as applicable. c. Incorporated into the terms of development agreements for planned neighborhoods and traditional neighborhood developments (TNDs). d. Incorporated into actions as enforceable conditions of approval by the Historic Preservation Commission, Planning and Zoning Commission, and City Council.

2. Incorporation by Reference. The following design guidelines are hereby incorporated by reference into this Code. These guidelines complement the standards and requirements of this Code and are to be used to reinforce the provisions of this Code, together with the principles and objectives of these design guidelines and the Comprehensive Plan, as amended from time to time. a. Sioux City Design Works Design Guidelines; b. Historic Fourth; Design Guidelines for the Historic District; and c. Sioux City Historic Pearl District Design Manual.

3. Residential Design Standards. Single-family detached, duplex, twin home, townhome, and multiple-family development, whether permitted as an allowed use, limited use, or conditional use in the residential or mixed use districts (including the Rural Residential (RR), Suburban Residential (SR), General Residential (GR), Urban Residential (UR), and Mixed Use (MU) districts), and redevelopment or substantial improvement or expansion of dwellings in the Neighborhood Conservation (NC) sub-districts are subject to the standards set out in Section 25.03.140, Single-Family, Duplex, Twin Home, and Townhome Design Standards; Section 25.03.150, Manufactured Home Park Design Standards; and Section 25.03.160, Multiple-Family Housing Design Standards, in addition to all other applicable standards of this Code.

4. Ǧ . Nonresidential and mixed-use developments, whether permitted as an allowed, limited use, or conditional use in the mixed use or nonresidential districts (including the Mixed Use (MU), Suburban Commercial (SC), General Commercial (GC), Downtown Commercial (DC), and Business Park (BP) districts) are subject to the standards set out in Section 25.03.180, Nonresidential and Mixed-Use Design Standards, in addition to all other applicable standards of this Code.

5. Special District Standards. Nonresidential and mixed-use developments whether permitted as an allowed, limited use, or conditional use in the overlay and special districts (including the Downtown Commercial (DC), Historic Area (HA), Suburban Commercial (SC), and Casino Entertainment (CE) districts), as well as in the City’s established urban renewal districts, are subject to the standards set out in Section 25.03.190, Special District Design Standards, in addition to all other applicable standards of this Code. ^ĞĐ͘ Ϯϱ͘Ϭϯ͘ϭϰϬ ^ŝŶŐůĞͲ&ĂŵŝůLJ͕ ƵƉůĞdž͕ dǁŝŶ ,ŽŵĞ͕ ĂŶĚ dŽǁŶŚŽŵĞ ĞƐŝŐŶ ^ƚĂŶĚĂƌĚƐ 1. Generally. a. The placement of a principal building in a perpendicular or sideways orientation on an interior lot or through lot is prohibited. See Figure , Building Placement. b. All single-family detached and single-family attached residences and single building residential development (e.g., apartment building) shall be designed such that a primary entrance and windows face street right-of-way, except: 1.

Where the topography causes the lot shape and width to limit the orientation of the residence; 2.

When the lot exceeds 12,000 square feet; or 3.

When the front setback exceeds 50 feet. c. There shall be a maximum of one principal building per single- and two-family (duplex or twin home) residential lot, subject to the provisions of Section 25.02.270, Accessory Dwelling Units, as applicable. &ŝŐƵƌĞ Ϯϱ͘Ϭϯ͘ϭϰϬ ŽŶ ĮůĞ ŝŶ ƚŚĞ WůĂŶŶŝŶŐ ŝǀŝƐŝŽŶ KĸĐĞ͕ ZŽŽŵ ϯϬϴ͕ ŝƚLJ ,Ăůů 2. Lot Line Homes. These standards apply to standard lot-line homes and patio lot line homes, as set out in Subsection 25.03.030.2, Neighborhood and Housing Types. Standard and patio lot line homes shall not be designed with windows that provide views into the side yards of abutting property. However, windows may be permitted in walls designated as windowless, only if it is demonstrated that: a. Windows are not located on the lot line side of the home unless they are: ͳǤ ϐ not provide a line of sight into the neighboring yard; or 2.

Inoperable and composed of glass block or frosted glass; and 3.

Offset from windows of any type on adjoining property; and ͶǤ

ϐ Ǥ b. The adjoining land is commonly owned or public open space; or c. The adjoining land is a street right-of-way or easement; 3. . These standards apply to standard (side-by-side) duplexes, vertical (over-under) duplexes, and twin homes, as set out in Subsection 25.03.03.2, Neighborhood and Housing Types. a. Vertical (over-under) duplexes may provide two driveways that conform to the requirements for standard duplexes or a shared driveway for both units. A shared driveway shall not be more than 27 feet wide. b. Primary entrances into the dwelling units shall be oriented to the street. Standard du ϐ Ǥ (over-under) duplexes may share a building entrance with interior access to each unit. c. The architecture and building form of duplexes and twin homes shall be of a similar scale and include materials and designs (e.g. fenestration, roof lines, porches, splitlevel, etc.) that are common with those of other dwellings on the block and within

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the neighborhood.

4. Townhomes. These standards apply to standard and weak-link townhomes, as set out in Subsection 25.03.030.2, Neighborhood and Housing Types. a. Scale.

1.

No single building of standard townhomes shall contain more than eight individual dwelling units.

2.

No single building of weak-link townhomes shall contain more than six individual dwelling units. b. Parking.

1.

Parking lots for standard townhomes shall be located on the interior of the lot to the rear of the townhome units.

2.

Parking lots for weak-link townhomes that abut street right-of-way may be located in the front yard and shall be buffered in accordance with the standards set out in Subsection 25.05.090.1, Parking Lot Landscaping.

3.

Vehicles shall be parked only in designated parking areas. c. Sidewalks. ͳǤ ‹†‡™ƒŽÂ?• Â?‘– Ž‡•• –ŠƒÂ? Ď?‹˜‡ ˆ‡‡– ‹Â? ™‹†–Š •ŠƒŽŽ „‡ …‘Â?•–”—…–‡† ƒŽ‘Â?‰ –Š‡ front lot line of each townhome building when the adjacent lots or 50 percent or more of the block face has sidewalks.

2.

A sidewalk not less than three feet in width shall connect the primary building entrances to the driveway(s), parking lot(s), and street. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­ĎąĎŹ DĂŜƾĨĂÄ?ĆšĆľĆŒÄžÄš ,ŽžĞ WÄ‚ĆŒĹŹ ÄžĆ?Ĺ?Ĺ?Ĺś ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

1. Generally. All manufactured home parks shall be developed and constructed in accordance with the minimum standards of this Section, as well as the standards, limitations, and requirements of Title, 22, Mobile Homes and Mobile Home Parks, of the Sioux City Municipal Code.

2. Applicability. The standards of this Section apply to new development, redevelopment, substantial improvement, and expansion of manufactured home parks in the district in which it is allowed, as set out in Section 25.02.100, Residential and Commercial Uses of the Home Standards.

3. Accessory UsesǤ ƒ—Â?†”›ǥ ‘ˆĎ?‹…‡ǥ Â?ƒ‹Â?–‡Â?ƒÂ?…‡ǥ ƒÂ?† •‡”˜‹…‡ „—‹Ž†‹Â?‰• ƒ”‡ ’‡”Â?‹––‡† ĥ accessory uses.

4. Common Open Space. Manufactured home parks shall have a minimum of 20 percent common open space, as set out in Table 25.03.030.1, Residential Development Standards, which shall be for the purpose of providing recreational amenities and bufferyards that comply with the standards of Section 25.05.130, Bufferyards.

5. Covenants, Conditions, and Restrictions. Covenants, conditions, and restrictions are required ˆ‘” –Š‡ Â?ƒ‹Â?–‡Â?ƒÂ?…‡ ‘ˆ …‘Â?Â?‘Â? ƒ”‡ƒ• ƒÂ?† ÂˆÂƒÂ…Â‹ÂŽÂ‹Â–Â‹Â‡Â•ÇĄ ™Š‹…Š •ŠƒŽŽ „‡ ’”‘˜‹†‡† –‘ ƒÂ?† ’Žƒ…‡† ‘Â? Ď?‹Ž‡ „› the City.

6. Design Standards a. Access. Where a manufactured home park contains 20 or more units, at least two points of ingress and egress shall be provided. b. Access to Public Streets. Each manufactured home park must abut and shall have access to a dedicated public street with a right-of-way of at least 60 feet. Direct access to a manufactured home space from street right-of-way is prohibited. c. Lots. Lots shall be dimensioned as set out in Table 25.03.030.3A, Single-Family Attached and Multiple-Family Lot and Building Standards. d. Building Separation. A minimum distance of 20 feet shall separate each manufactured home. e. Improvements. Each lot shall have a concrete parking pad that is four inches thick and measures a minimum of 10 feet wide by 26 feet deep, or of an adequate width to accommodate double-wide or triple-wide manufactured home units. f. Perimeter Setbacks. Each manufactured home park shall have a minimum perimeter setback of 30 feet from adjacent nonresidential districts or uses and 50 feet from adjacent residential districts or uses. No space for a dwelling unit or any other structures shall be permitted in this required setback. g. Separation and Setback for Accessory Buildings.

1.

An accessory building or structure on a manufactured home lot shall main–ƒ‹Â? ƒ Â?‹Â?‹Â?—Â? ”‡ƒ” ƒÂ?† •‹†‡ ›ƒ”† •‡–„ƒ…Â? ‘ˆ Ď?‹˜‡ ÂˆÂ‡Â‡Â–Ç˘ ƒÂ?† 2.

A minimum of 10 feet shall be provided between any manufactured home and an unattached accessory building. h. Solid Waste Facilities. If common refuse containers are provided by the manufactured home park, then one container shall be provided for each 10 lots, according to the standards set out in Subsection 25.03.080.2, Refuse Containers. i. Screening. A solid fence or wall shall be installed along all side and rear property lines of the parcel proposed for development according to the standards set out in Subsection 25.03.090.3, Fences and Walls. The property owner shall maintain the fence or wall in good repair. j. Vehicular Circulation. The manufactured home park must provide interior vehicular circulation on a private internal street system. The street system shall be continuous and connected with other internal and public streets; or shall have a cul-de-sac with a minimum diameter of 90 feet. No cul-de-sacs shall exceed 300 feet in length.

7. Maintenance. All grounds and improvements shall be maintained in a good state of repair. Electrical systems, water and sanitary sewer systems, streets and parking areas, and buildings shall comply with all applicable codes and be maintained in safe and sanitary conditions. Refuse collection sites shall be kept clean and sanitary; grass and shrubbery shall be mowed and trimmed; fences, skirting, and screening shall be kept in a sound state of repair; grading and drainage shall be well maintained; common facilities shall be operated in compliance with applicable ordinances; and the park shall be maintained free of litter and debris.

8. On-Site Management. One manufactured home or other permanent building shall be provided for parks that have more than 20 units and may be provided for parks with fewer than 20 units for on-site management. Such unit shall be noted on the plat or site plan ˆ‘” —•‡ ĥ ƒ ’‡”Â?ƒÂ?‡Â?– ‘ˆĎ?‹…‡ and/or residence for the property manager. The property manager shall be responsible for operation, maintenance, and enforcement, including: a. Supervision to maintain facilities and equipment in good repair, and in a clean and sanitary conditions; b. Maintain an as-built site plan showing space locations and numbers; c. Require that licensed installers be used in the placement of units; and d. Notify occupants of their responsibilities, as follows: 1.

Maintain their homes, lots, facilities, and equipment in good repair and in clean and sanitary conditions; 2.

Be responsible for proper placement of the unit and installation of all utility connections; 3.

Install proper skirting; and 4.

Abide by all other regulations, requirements, and laws of the City and State.

9. Pedestrian Circulation. A pedestrian circulation plan shall be submitted to indicate how the proposed arrangement of sidewalks, trails, and/or pedestrian pathways will connect to features within and outside of the manufactured home park.

10. Public Safety. The developer •ŠƒŽŽ ’”‘˜‹†‡ Ď?‹”‡ Š›†”ƒÂ?–• –Šƒ– ƒ”‡ ‹Â? …‘Â?’Ž‹ƒÂ?…‡ ™‹–Š ‹–› …‘†‡• and the locations shall be approved by the Fire Marshall.

11. Storm Shelters. Storm shelters shall be provided in manufactured home parks. The shelter(s) shall be built according to ICC 500, the International Code Council/National Storm Shelter Association (ICC/NSSA) Standard for Design and Construction of Storm Shelters.

12. ”ƒ�•‹– ƒ�† …Š‘‘Ž —• ……‡••Ǥ Bus shelters and adequate maneuvering areas for school buses may be required.

13. Utilities. All units shall be served by public sanitary sewer and water systems, solid waste service, and underground electrical utility systems, as set out in this Code and in the Sioux City Municipal Code. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­Ď˛ĎŹ DƾůĆ&#x;ƉůĞͲ&Ä‚ĹľĹ?ůLJ ,ŽƾĆ?Ĺ?ĹśĹ? ÄžĆ?Ĺ?Ĺ?Ĺś ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

1. Generally. All multiple-family developments shall meet the standards of this Section, unless they are located in vertically mixed-use buildings in which case they are subject to the design standards of Section 25.03.180, Nonresidential and Mixed Use Design Standards or Subsection 25.03.190.3, Downtown Commercial (DC) Design Standards.

2. Applicability. The standards of this Section apply to new development, redevelopment, substantial improvement, and expansion of multiple family development in the districts in which they are allowed, as set out in Section 25.02.100, Residential and Commercial Uses of the Home Standards.

3. Architecture. a. The architectural style of the front facade of the building(s) shall be expressed on all sides of the building(s) fronting on or most directly facing street right-of-way or a private street easement within 150 feet of street right-of-way. b. The rear facade of a building shall not face street right-of-way; provided, however, in the case a rear facade must face street right-of-way by way of parcel size or orientation, the facade will be constructed of 50 percent decorative materials and a Type B bufferyard shall be provided between the building(s) and street right-of-way. c. Residential buildings located within the interior of a multiple-family development that are not fronting on or most directly facing street right-of-way are exempt from these architectural standards.

4. Materials and Trim. a. Decorative Materials. A building elevation fronting on or most directly facing street right-of-way, a private street easement, or a single-family neighborhood shall be constructed of a minimum of 50 percent of decorative materials. All other building elevations other than those described above shall be constructed of a minimum of 25 percent decorative materials.

1.

Brick, including thin brick; 2.

Stone, including cast stone; 3.

Portland cement stucco; or 4.

Architectural masonry units in the following styles: A. Split face; B. Weathered face; C. Sandblasted face; or D. Ground face. b. Standard Materials. The remainder of building elevation(s) may be constructed of the following building materials: 1.

Exterior Insulation and Finish System (“EIFS�) may be used provided the use of a 20 oz. high impact mesh below eight feet above grade; 2.

Fiber cement siding; 3.

Vinyl siding; or 4.

Wood materials, or combination thereof. c. Limited Materials. Materials that may be used for exterior walls, siding, or cladding with the approval of the Planning and Zoning Commission include: 1.

Metal wall panels; 2.

Corrugated or ribbed metal panel; ;Ǥ Â?Â‘Â‘Â–ÂŠÇŚÂˆÂƒÂ…Â‡Â† ‘” —Â?nj–‡š–—”‡†ǥ —Â?Ď?‹Â?‹•Š‡† …‘Â?…”‡–‡ „Ž‘…Â?•Ǣ ƒÂ?† 4.

Metal siding. d. Prohibited Materials. The following building materials are prohibited on all multiplefamily buildings: 1.

Plywood; 2.

Plastic; ;Ǥ ‘‘† Ď?Â‹Â„Â‡Â”Â„Â‘ÂƒÂ”Â†Ç˘ ͜Ǥ Â?†‡”njĎ?‹”‡† ‘” —Â?Ď?‹”‡† Â…ÂŽÂƒÂ›ÇĄ •ƒÂ?†ǥ ‘” •ŠƒŽ‡ ”‘…Â?Ǣ ƒÂ?† 5.

Painted brick, manufactured stone, concrete masonry units, and cementitious stucco. e. Other Materials. Other building materials may be used by approval of the Administrator if it is demonstrated that they have comparable durability, impact resistance, and aesthetic quality as the materials permitted in Items 3.a. and 3.b., above, or either: 1.

They are part of a building that is designed to achieve a minimum bronze …‡”–‹Ď?‹…ƒ–‹‘Â? ‹Â? ‡ƒ†‡”•Š‹’ ‹Â? Â?‡”‰› ƒÂ?† Â?˜‹”‘Â?Â?‡Â?–ƒŽ ‡•‹‰Â? ȋDz ÇłČŒÇĄ and the materials qualify for LEED points under both the “energy and atmosphere criteriaâ€? and the “materials and resources criteriaâ€? of the LEED checklists; or ʹǤ Š‡› ƒ”‡ ’ƒ”– ‘ˆ ƒ „—‹Ž†‹Â?‰ –Šƒ– ‹• …‡”–‹Ď?‹‡† ĥ †‡•‹‰Â?‡† –‘ ‡ƒ”Â?

ÇĄ ƒÂ?† –Š‡ Â?ƒ–‡”‹ƒŽ• •—„•–ƒÂ?–‹ƒŽŽ› ‹Â?’”‘˜‡ –Š‡ ‡Â?‡”‰› ‡ˆĎ?‹…‹‡Â?…› ‘ˆ –Š‡ building compared to materials that are permitted by Items 3.a., and 3.b, above.

5. —‹Ž†‹Â?‰ ‡•‹‰Â?Ǥ a. A multiple-family building containing more than eight dwelling units shall be designed –‘ „”‡ƒÂ? —’ ƒ ”‡…–ƒÂ?‰—Žƒ” Ď?Ž‘‘” ’ŽƒÂ? ƒÂ?† ƒ˜‘‹† ƒ „‘šnjŽ‹Â?‡ ‘” Â?‘Â?‘Ž‹–Š‹… ƒ’’‡ƒ”ƒÂ?…‡Ǥ (See Figure , Illustrative Application of Building Design Standards) b. Any of the following techniques, or any technique that would produce a comparable effect, may be used to avoid the appearance of a box-like or monolithic building: 1.

Varying roof lines; ʹǤ ŠƒÂ?‰‡• ‹Â? ™ƒŽŽ ’ŽƒÂ?‡• ‘ˆ ƒ– Ž‡ƒ•– Ď?‹˜‡ ˆ‡‡– ƒ– ‹Â?–‡”˜ƒŽ• ‘ˆ Â?‘– Â?‘”‡ –ŠƒÂ? ͸Ͳ feet; 3.

The use of dormers, bay windows, or other windows that create dimension that break up the facade; 4.

Balconies that are used irregularly, some projecting, some recessed; 5.

Primary entrance treatments that are recessed or project from the main facade; and ͸Ǥ ŠƒÂ?‰‡• ‹Â? Ď?Ž‘‘” ’ŽƒÂ?• –Šƒ– …”‡ƒ–‡ ”‘‘Â?• ™‹–Š …‘”Â?‡” ™‹Â?†‘™•Ǥ …Ǥ –ƒ‹”• –Šƒ– ’”‘˜‹†‡ ’”‹Â?ƒ”› ƒ……‡•• –‘ —Â?‹–• ‘Â? —’’‡” Ď?Ž‘‘”• •ŠƒŽŽ „‡ …‘˜‡”‡†Ǥ d. Awnings, where installed, shall be constructed with fabric or metal coverings. Plastic coverings are prohibited. e. Elements such as eaves, rakes, cornice lines, or frieze boards shall be used to contribute to the visual interest of the building. f. Columns, cornices, and similar elements shall be natural or simulated natural elements such as wood, composite material, architectural metal, or stone. g. Balcony and railing materials may be different than the materials used on exterior walls. h. Foundations that have more than two feet of exposure shall be faced with brick or stone veneer. Exposed cinder block and concrete are prohibited. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­Ď˛ĎŹ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ 6. —‹Ž†‹Â?‰ …ƒŽ‡. a. Any portion of a building that is closer than 50 feet from a common property line that abuts a residential district or use shall be no higher than 12 feet above the highest point of the closest residential structures. This does not apply if the residential structure is located across street right-of-way from the development or if it is within the same development proposal. „Ǥ Š‡ ƒ’’ƒ”‡Â?– ‡š–‡”‹‘” Ď?Ž‘‘”nj–‘njĎ?Ž‘‘” Š‡‹‰Š– ‘ˆ ‡ƒ…Š •–‘”› ‘ˆ ƒ „—‹Ž†‹Â?‰ •ŠƒŽŽ „‡ Ž‹Â?‹–‡† –‘ ͳʹ ˆ‡‡–Ǥ Â?†‹˜‹†—ƒŽ Ď?Ž‘‘”• •ŠƒŽŽ „‡ †‡Ž‹Â?‡ƒ–‡† ‘Â? –Š‡ „—‹Ž†‹Â?‰ ˆƒ…ƒ†‡ –Š”‘—‰Š –Š‡ —•‡ ‘ˆ ™‹Â?†‘™ ’Žƒ…‡Â?‡Â?– ƒÂ?† Š‘”‹œ‘Â?–ƒŽ †‡–ƒ‹Ž•Ǥ Â?–‡”‹‘” Ď?Ž‘‘”nj–‘njĎ?Ž‘‘” Š‡‹‰Š–• Â?ƒ› exceed 12 feet.

7. Garages. When visible from street right-of-way, garages shall be located on the side or behind

Sioux ity oning C ndZ ign aode S inal C raft –

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F03.23.15

the rear façades of the multiple-family buildings. Alternatively, a Type C bufferyard shall be provided between the garage building(s) and street right-of-way. The materials, building design, and roof type of garages shall be compatible with the multiple-family buildings. Garages that serve as a perimeter wall for the development shall comply with “Detached Garagesâ€? of Subsection 25.03.090.1, Accessory Buildings and Structures.

8. ‘‘Ď?‹Â?‰ ›•–‡Â?•Ǥ a. Flat Roof Systems. Any material that is permitted by the City’s adopted Building Code is ƒŽŽ‘™‡† ‘Â? Ď?Žƒ– ”‘‘ˆ •›•–‡Â?•Ǥ ”‡‡Â? ”‘‘ˆ •›•–‡Â?• ƒ”‡ ’‡”Â?‹––‡† ƒÂ?† ‡Â?…‘—”ƒ‰‡†Ǥ b. ‘‘ϔ‹Â?‰ ƒ–‡”‹ƒŽ• ˆ‘” ‹–…Š‡† ‘‘ˆ ›•–‡Â?•Ǥ ‘‘Ď?‹Â?‰ Â?ƒ–‡”‹ƒŽ• —•‡† ‘Â? ’‹–…Š‡† ”‘‘ˆ •›•tems shall be proven, high-quality, durable materials, including: 1.

Architectural shingles; 2.

Concrete tile; 3.

Slate; 4.

Architectural standing seam metal; 5.

Building integrated solar arrays Č‹Â•Â‘ÂŽÂƒÂ” ’ƒÂ?‡Ž• –Šƒ– †‘—„Ž‡ ĥ ”‘‘Ď?‹Â?‰ Â?ƒ–‡rial); and 6.

Green roof systems. c. ”‘Š‹„‹–‡† ‘‘ϔ‹Â?‰ ƒ–‡”‹ƒŽ•Ǥ ‘””—‰ƒ–‡† ‘” ”‹„„‡† Â?‡–ƒŽ ƒÂ?† ‘–Š‡” ”‘‘Ď?‹Â?‰ Â?ƒ–‡”‹ƒŽ• that are not listed in 8.b., above, are prohibited. d. Projections. Roofs shall contain at least one projection for every 100 linear feet of building frontage. Roof projections may include cupolas, dormers, balustrade walks, chimneys, or gables.

9. ”‘—�†nj ‘—�–‡† “—‹’�‡�–Ǥ Mechanical equipment associated with building operations (e.g., H-VAC systems, meter banks, etc.) shall be screened from public view by hedges which are a minimum of 36 inches in height (at time of planting).

10. Â‘Â‘ÂˆÇŚ ‘—Â?–‡† “—‹’Â?‡Â?–Ǥ Mechanical equipment shall be screened from all ground-level views by: a. Parapet walls, which shall include cornice treatments that are of adequate height to screen the equipment (a slope of one foot rise per 25 feet of run shall be used to determine if the wall is of adequate height); or b. Screening walls of an adequate height to hide the roof-mounted equipment, which shall be constructed of materials and of a color that are consistent with and compatible to the design of the buildings; or c. Sloped roof systems or other architectural elements of adequate height to hide the equipment from public view.

11. Lighting. All lighting for multiple-family developments shall adhere to the requirements and restrictions set out in Subchapter 25.05-D, Exterior Lighting (Reserved), or as otherwise required by the City. Additional requirements include: a. All multiple-family developments shall provide streetlights, parking lot lighting, pedestrian lighting, and indirect building lighting. b. Streetlights shall be evenly spaced along street right-of-way with a maximum spacing of 100 feet on-center. c. Lighting shall be provided for all parking areas, which shall not exceed 15 feet in height, and shall be placed uniformly so as to provide adequate lighting across the parking surfaces. d. Lighting for pedestrians shall be provided for all high-volume pedestrian areas, including building entries; along sidewalks, walkways, or paths; and around common open spaces. e. Indirect building lighting shall be provided within no more than 10 feet of all buildings.

Such lighting shall be designed and installed in a manner so as not to cause glow or glare in the windows of individual dwelling units. ˆǤ š–‡”‹‘” Ď?‹š–—”‡• ™‹–Š ‡š’‘•‡† „—Ž„• ƒ”‡ ’”‘Š‹„‹–‡†Ǥ 12. Pedestrian Facilities and Amenities. ƒǤ ƒŽÂ?™ƒ›• ™‹–Š ƒ Â?‹Â?‹Â?—Â? ™‹†–Š ‘ˆ Ď?‹˜‡ ˆ‡‡– •ŠƒŽŽ †‹”‡…–Ž› …‘Â?Â?‡…– ‡ƒ…Š ˆ”‘Â?– †‘‘” ‘” front entrance with surrounding sidewalks, walkways, or paths. b. All buildings shall provide a minimum 10 foot pedestrian zone between the building and parking area. The pedestrian zone shall contain walkways and landscape planting areas, plazas, and/or gardens. These areas shall also be protected from vehicular –”ƒˆĎ?‹… „› …—”„•ǥ ˆ‡Â?…‹Â?‰ǥ Â™ÂƒÂŽÂŽÂ•ÇĄ ™‘‘† ’‘•–•ǥ …‘Â?…”‡–‡ Â„Â‘ÂŽÂŽÂƒÂ”Â†Â•ÇĄ ‘” ‘–Š‡” „ƒ””‹‡”•Ǥ c. In conjunction with each pedestrian zone and for each 10 dwelling units, or portion thereof, there shall be one bench or picnic table and one trash receptacle accessible by a sidewalk, walkway, or path that is located no more than 25 feet from a building entrance. Benches, tables, and trash receptacles shall be anchored to the ground.

Each shall be constructed of a non-corrosive, weather-resistant material, excluding wood. Single-family attached and duplex dwellings are exempt from this requirement. †Ǥ ÂŽÂŽ …”‘••‹Â?‰• ‘ˆ ‹Â?–‡”Â?ƒŽ •–”‡‡–•ǥ ƒ……‡•• Â†Â”Â‹Â˜Â‡Â•ÇĄ ƒÂ?† †”‹˜‡™ƒ›• •ŠƒŽŽ Šƒ˜‡ ™‡ŽŽnj†‡Ď?‹Â?‡† pavement markings and pedestrian crossing signs. e. Covered sidewalks or walkways that are part of or adjacent to a building may be used for outdoor seating and dining or as terraces and arcades, provided a minimum passable width of four feet. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­ĎłĎŹ dĆŒÄ‚ÄšĹ?Ć&#x;ŽŜĂů EÄžĹ?Ĺ?ĹšÄ?Ĺ˝ĆŒĹšĹ˝Ĺ˝Äš ÄžĆ?Ĺ?Ĺ?Ĺś ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

1. Generally. A Traditional Neighborhood Development (TND) is intended to encourage an innovative, functional, and sustainable mixed use environment (with mixed housing types and integrat‡† …‘Â?Â?‡”…‹ƒŽ Â—Â•Â‡Â•ČŒ –Šƒ– ”‡Ď?Ž‡…–• ƒ “—ƒŽ‹–› …Šƒ”ƒ…–‡” –Šƒ– ‹• —Â?‹“—‡ ˆ”‘Â? …‘Â?˜‡Â?–‹‘Â?ƒŽ †‡˜‡Ž‘’Â?‡Â?– patterns in place when Sioux City was initially developed. TNDs have a recognizable center and …Ž‡ƒ”Ž› †‡Ď?‹Â?‡† ‡†‰‡•ǥ ™‹–Š ƒ Â?‹š–—”‡ ‘ˆ Š‘—•‹Â?‰ –›’‡• ƒÂ?† ’”‹…‡•Ǣ ’”‘Â?‹Â?‡Â?– …‹˜‹… ‘” …‘Â?Â?—Â?‹–› „—‹Ž†‹Â?‰•Ǣ ƒÂ?† •–‘”‡•ǥ ‘ˆĎ?‹…‡•ǥ ƒÂ?† ™‘”Â?’Žƒ…‡• –‘ ’”‘˜‹†‡ ƒ „ƒŽƒÂ?…‡† Â?‹š ‘ˆ ƒ…–‹˜‹–‹‡•Ǥ ‹• ‹Â?tended to produce a neighborhood environment that manages automobiles but maintains a scale and set of linkages that promote pedestrian travel and civic space. The regulations included in this Section are intended to capture the essence of traditional neighborhood design without being overly ’”‡•…”‹’–‹˜‡ •‘ ĥ –‘ ‹Â?Š‹„‹– –Š‡ —•‡ ‘ˆ ‘” –‘ †‹•…‘—”ƒ‰‡ †‡•‹‰Â? Ď?Ž‡š‹„‹Ž‹–›Ǥ 2. Purpose. The TND neighborhood type allows applicants who control relatively large areas of land to develop mixed-use and multiple-use projects in a traditional neighborhood form, which include a variety of housing types and lot sizes.

3. Application and Use. A TND may be proposed provided the property is a minimum of 10 acres.

4. ‘—Â?†ƒ”‹‡•. The boundaries of a TND will be delineated on the ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ ƒ’ “District Designation (e.g., GR, SR, or UR) / TND. 5. Permitted Uses. The land uses that are permitted by right (allowed use), permitted subject to special standards (limited use) or processes (conditional use) are set out in Subchapter 25.02-C, Land Uses. Nonresidential uses in the General (“Gâ€?) sub-district (See 7, below) should be intended for the use primarily by the residents of the TND neighborhood. These uses include: a. Private club; b. Indoor recreationȀ’‡”•‘Â?ƒŽ Ď?‹–Â?‡••Ǣ c. Event facility; and d. Within one block of the “Câ€? Sub-District: 1.

Place of assembly; and 2.

Live-work townhomes.

6. Minimum Number of Housing Types. Traditional neighborhood developments must include a minimum of three housing types, as set out in Subsection 25.03.03.2, Neighborhood and Housing Types. Not more than 45 percent of the dwelling units shall be single-family attached or multiplefamily housing types.

7. Sub-Districts. Plans submitted for approval pursuant to this Section shall indicate three subdistricts, as follows: a. Core (“Câ€?), which is the location for the most intense development, including nonresidential, vertically mixed-use, and/or multiple-family development, as well as civic uses and public gathering spaces (e.g. plazas, greens, squares, etc.). b. General (“Gâ€?), which is the location for most of the housing in the development. c. Edge (“Eâ€?), which is the location for the least intense development, in the form of relatively large-lot single-family detached dwellings. The edge is intended as a transition to the abutting or adjacent development, which may either exist, be zoned for, ‘” ”‡Ď?Ž‡…–‡† ‘Â? –Š‡ ‹–›ǯ• ˆ—–—”‡ ŽƒÂ?† —•‡ ’ŽƒÂ?Ǥ ˆ –Š‡ ’ŽƒÂ? ”‡Ď?Ž‡…–• –Š‡ ƒ†Œƒ…‡Â?– ˆ—–—”‡ use as Agriculture (AG) or Rural Residential (RR), the lots that form the edge shall have a lot area of no less than 12,000 square feet.

8. TND Housing Palette. The standards for the TND neighborhood type are set out in Table 25.03.030.3A, Single-Family Attached and Multiple-Family Lot and Building Standards. These tables contain the minimum lot areas and dimensions, building heights and setbacks, and maximum building and impervious surface coverages for each type of neighborhood and housing. These standards ensure that each housing type will have adequate light and air, living area, and yard areas to provide a quality living environment.

9. Site Design Standards. a. Generally. The standards of this Section with respect to site design shall supersede any standards on the same point elsewhere in this Code. b. Open Space and Recreation Areas.

1.

Generally, open spaces should be integrated into the development design –‘ „”‹Â?‰ •‹‰Â?‹Ď?‹…ƒÂ?– ‘’‡Â? •’ƒ…‡ –‘ –Š‡ Â?ƒš‹Â?—Â? Â?—Â?„‡” ‘ˆ ’”‘’‡”–‹‡•ǥ ĥ well as visibility from street rights-of-way within and adjacent to the proposed development. Small, left-over open spaces should be avoided. Extra landscaping may be required to enhance the value of such left-over spaces where they cannot be avoided.

2.

Open space shall be designed to provide greenways and riparian setbacks around water bodies and along drainage corridors and streams. Any existing vegetation around water bodies and along corridors or streams shall be preserved. Any newly planted vegetation shall be designed to enhance the Ď?‹Ž–‡”‹Â?‰ ‘ˆ •—”ˆƒ…‡ ƒÂ?† •—„•—”ˆƒ…‡ ™ƒ–‡” Ď?Ž‘™•Ǥ ”ƒ‹Ž• •ŠƒŽŽ ’”‘˜‹†‡ ƒ……‡•• along the greenways for the residents of the development.

3.

Formal open spaces (e.g. plazas, greens, and squares) should be designed to provide areas of focus within the development. Landscaping and amenities for pedestrians should be installed to enhance this effect. c. Accessibility of Recreation Areas: Outdoor recreation areas shall be provided throughout the development, such that no less than 75 percent of the residential units in the development (and 100 percent of the units in the “C� sub-district) are located within 1,320 feet of an outdoor recreation area. For the purpose of this provision, a plaza, green, or square with features that provide recreational opportunities (e.g., interactive fountain or sculpture, tot lot, etc.) shall be considered an outdoor recreation area. d. Blocks.

1.

Although a strict grid is not required, blocks shall be arranged in grid-like fashion to ensure connectivity and accessible travel routes within the development.

2.

Blocks shall not be longer than: A. 400 feet in the case of non-residential, mixed-use, and multiplex and multiple-family buildings; B. Eight lots (per side) in the case of single-family detached dwelling units; or C. 15 lots (per side) in the case of single-family attached dwelling units (except multiplex and multifamily).

3.

Cul-de-sacs may be used only in the “Eâ€? sub-district, but only where necessary due to site constraints. e. Streets, Alleys, Sidewalks, and Trails. ͳǤ Â? ‡ˆĎ?‹…‹‡Â?– Â?—Ž–‹njÂ?‘†ƒŽ …‹”…—Žƒ–‹‘Â? •›•–‡Â? –Šƒ– ‹Â?…Ž—†‡• •–”‡‡–•ǥ ÂƒÂŽÂŽÂ‡Â›Â•ÇĄ sidewalks, and trails shall be provided throughout the development.

2.

Streets shall be designed to provide connectivity within the development, and connections to adjacent neighborhoods. Where abutting property is not yet developed, stub-outs shall be required in appropriate locations for future connections.

3.

Streets: The plans for the proposed development shall show a hierarchy of streets within the TND, with cross-sections that comply with Subchapter 25.04-B, Streets, Sidewalks, Trails, and Utilities (Reserved), or as otherwise required by the City. f. Alleys: Privately-maintained alleys may be installed in the “C� or “G� Sub-Districts to provide service and parking access. g. Sidewalks: Sidewalks shall be installed on both sides of all streets, and shall be designed as follows: 1. “C� sub-district – 8’ 2. “G� sub-district – 6’ 3. “E� sub-district – 4’ h. Trails: Off-street trails and multi-use paths shall be installed to connect open space and recreational areas, and to connect to existing or planned trail systems in the City.

Trails shall be eight feet wide and paved with asphalt or concrete. Trails may be installed in lieu of sidewalks where they provide direct access to each dwelling unit. i. Utilities. All utilities shall be installed underground, except those existing overhead utilities that are required by the utility provider to remain above-ground. Fiberto-the-home, or other comparable technology for Internet access, is encouraged if available. j. Relation to Adjacent Parcels. Development that is approved pursuant to this Section shall be designed to be compatible with the existing or planned future use of adjacent parcels, in at least one of the following ways: 1.

The lot width and design of development at the perimeter of a TND (within the “E� sub-district) shall be comparable with the lot width and design of abutting subdivisions. If the abutting parcel is not subdivided, lot area shall be no less than 12,000 square feet.

2.

As an alternative, bufferyards may be installed as follows (See Section 25.05.100, Bufferyards): A. Between the “C� sub-district and abutting: i.

Residential development: Class C bufferyard; or ii.

Industrial development: Class D bufferyard; B. Between the “G� sub-district and abutting: i.

Residential or commercial development: Class B bufferyard; or ii.

Industrial development: Class D bufferyard; C. Between the “E� sub-district and abutting: i.

Residential development: Class A bufferyard; ii.

Commercial development: Class C bufferyard; or iii.

Industrial development: Class D bufferyard.

10. ‘�”‡•‹†‡�–‹ƒŽ ƒ�† ‹š‡† •‡ —‹Ž†‹�‰ ƒ�† ‹–‡ –ƒ�†ƒ”†•. The building and site standards for nonresidential and mixed use development are set out in Section 25.03.180, Nonresidential and Mixed-Use Design Standards.

11. Architectural Design Standards and Comprehensive Sign Program. a. Unique Standards. In lieu of the standards set out in Section 25.03.180, Nonresidential

11

and Mixed-Use Design Standards, developments that are approved pursuant to the design standards of this Item shall provide a set of architectural design standards for review and recommendation by the Planning Commission and approval by the City Council. The architectural design standards must provide elevations and illustrations of proposed building types and lists of proposed building materials. This document controls subsequent development in the TND. b. Sign Program. A comprehensive sign program shall be approved as set out in Section 25.05.190, Sign Design ProgramǤ Š‡ ’”‘‰”ƒÂ? ‹• ‹Â?–‡Â?†‡† –‘ ’”‘˜‹†‡ ƒ —Â?‹Ď?‹‡† theme for signage throughout the development, including form, design, color, materials, illumination, dimensions, and appropriate limitations. This document controls subsequent development in the TND. c. Standards for Approval.

1.

The City shall consider the following factors in the approval of proposed architectural design standards: A. Buildings are articulated and detailed to provide visual interest and avoid undue imposition of building mass on the street; B. The design of buildings comply with Section 25.03.140, SingleFamily, Duplex, Twin Home, and Townhome Design Standards; Section 25.03.160, Multiple-Family Housing Design Standards; and Section 25.03.180, Nonresidential and Mixed-Use Design Standards; C. Front porches are provided on all residential units except townhomes, multiple-family buildings, and mixed-use buildings; D. Buildings, accessory buildings, garages, fences, and garden walls comply with the applicable standards of this Code; and E. The architectural styles of the proposed building elevations are complimentary with each other (although landmark buildings with contrasting architecture may be approved at terminal vistas within the “C� sub-district).

2.

The City shall consider the following factors in the approval of a proposed sign design program: A. The scale of the proposed signs; B. The proportionality of the signs with the building faces to which they will be attached; C. The form of the proposed signs; D. The aesthetic quality of the signs (without reference to their content); E. The quality of the materials of the signs; F. The nature and intensity of proposed illumination; and G. The nature of any proposed limitations, and their appropriateness –‘ ‡Â?•—”‡ –Šƒ– •‹‰Â?ƒ‰‡ ”‡Ď?Ž‡…–• –Š‡ †‡•‹”‡† “—ƒŽ‹–› ƒÂ?† …Šƒ”ƒ…–‡” ‘ˆ the proposed development. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­Ď´ĎŹ EĹ˝ĹśĆŒÄžĆ?Ĺ?ĚĞŜĆ&#x;Ä‚ĹŻ ĂŜĚ DĹ?džĞĚ hĆ?Äž ĞǀĞůŽƉžĞŜƚ ÄžĆ?Ĺ?Ĺ?Ĺś ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­Ď´ĎŹÍ˜Ď­ WĆľĆŒĆ‰Ĺ˝Ć?Äž The purpose of these design standards is to ensure that nonresidential and vertically mixed-use development includes high-quality, well-designed buildings and sites that contribute to the character and sustainability of the City. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­Ď´ĎŹÍ˜ĎŽ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ This Item sets out the standards for nonresidential and vertically mixed-use development.

1. Relationship to Underlying Zoning Districts. These design standards do not affect the list of allowed, limited, or conditional uses permitted in the underlying zoning districts, as set out in Subchapter 25.02-C, Land Uses.

2. Relationship to Other Standards. The standards of this Item are in addition to all other stan†ƒ”†• ‘ˆ –Š‹• ‘†‡ǥ —Â?Ž‡•• –Š‡ ‘–Š‡” •–ƒÂ?†ƒ”†• •’‡…‹Ď?‹…ƒŽŽ› •—’‡”•‡†‡ –Š‡Â?Ǥ Š‡ •–ƒÂ?†ƒ”†• ‘ˆ ‡…–‹‘Â?

25.03.190, Special District Design Standards, are independent of the standards of this Item.

3. Applicability. Subject to the administrative compliance requirements set out in Section 25.06.140, Compliance Thresholds, the standards of this Item apply to all new development, redevelopment, substantial improvements, and expansion of nonresidential and mixed use buildings in the following districts: a. Mixed Use (MU); b. General Commercial (GC); c. Business Park (BP); and d. Public and Institutional (PI).

4. ‡Žƒ–‹‘�•Š‹’ –‘ —‹Ž†‹�‰ …ƒŽ‡Ǥ The standards are organized by building scale, as follows: a. Site, Buildings, or Centers less than 10,000 square feet. Single use sites and mixed-use and multi-tenant buildings or centers are subject to the standards set out in the following Items: 1.

Subsection 25.03.180.3, Facade Treatments, as applicable; 2.

Subsection 25.03.180.4, Finish Materials, applicable as set out in Subsection 25.03.180.3, Facade Treatments; 3.

Subsection 25.03.180.5, Building and Site Design, including: Ǥ —‹Ž†‹Â?‰ ‡•‹‰Â? ȋŽ‹Â?‹–‡† –‘ „ŽƒÂ?Â? ™ƒŽŽ• ƒÂ?† ”‘‘Ď?‹Â?Â‰ČŒÇ˘ B. Architecture (limited to detailing, elevations, and awnings and canopies); and C. Accessory Building and Structure Design (all provisions apply).

4.

Subsection 25.03.180.6, Mechanical Equipment and Meters. b. Site, Buildings, or Centers greater than 10,000 square feet. Single use sites and mixed-use and multi-tenant buildings or centers are subject to the standards set out in the following Items.

1.

Subsection 25.03.180.3, Facade Treatments, as applicable; 2.

Subsection 25.03.180.4, Finish Materials, applicable as set out in Subsection 25.03.180.3, Facade Treatments; 3.

Subsection 25.03.180.5, Building and Site Design (all provisions apply); and 4.

Subsection 25.03.180.6, Mechanical Equipment and Meters. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­Ď´ĎŹÍ˜ĎŻ &ĂĕĂĚĞ dĆŒÄžÄ‚ĆšĹľÄžĹśĆšĆ?

1. Sites, buildings, and centers that are less than 10,000 square feet. a. Elevations. Elevations of building walls that are within direct public view shall have certain percentages of decorative facade surfaces as follows: 1.

Front Elevation. The building elevation(s) fronting on or most directly facing street right-of-way or a private access easement shall be constructed of or faced with a decorative building material on 60 percent of the facade elevation, with the remaining 40 percent constructed of a standard building material, excluding doors.

2.

Side Elevation. Decorative building materials are required on side elevations as follows: A. Street Facing. A side elevation fronting on or most directly facing street right-of-way or a private access easement shall be constructed of or faced with a decorative building material on 60 percent of the facade elevation, with the remaining 40 percent constructed of a standard building material, excluding doors.

B. Non-Street Facing. An interior side or any other side elevation that does not front on or most directly face street right-of-way or a private access easement shall be constructed of or faced with a decorative building material on 30 percent or 50 feet of the facade, whichever is greater. The remaining portion of the building facade shall be constructed of a standard building material. The nonstreet facing elevation shall be screened with small trees that have a mature growth of no less than 15 feet in crown height, which shall be spaced no more than 10 feet apart and a continuous row of shrubs no less than three feet in height at the time of planting.

These trees and shrubs shall be planted in a landscape area that complies with Subsection 25.05.120.1, Site Landscaping.

C. Abutting Parking Lot or Drive-Through. A side elevation that abuts a drive-through lane, a parking lot, shall be constructed of or faced with a primary building material on 60 percent of the facade elevation, with the remaining portion of the building facade constructed of a standard building material.

3.

Rear Elevation. The building elevation facing the rear of the property may be constructed of or faced with a standard building material on 100 percent of the facade elevation, provided that the rear elevation does not: A. Front on or most directly face street right-of-way or a private access easement; or B. Abut a drive-through lane or parking lot. In either case, the rear elevation shall be constructed of or faced with a decorative building material on 60 percent of the rear facade, with the remaining portion of the rear elevation constructed of a standard building material. Screening shall also be provided along the rear elevation as set out above. b. Primary and Secondary Building Materials. Decorative and standard building materials are set out in Subsection 25.03.180.4, Finish Materials.

2. Sites, buildings, and centers that are greater than 10,000 square feet. a. Elevations. Elevations of building walls that are within direct public view shall have certain percentages of decorative facade surfaces as follows: 1.

Front Elevation. The building elevation(s) fronting on or most directly facing street right-of-way or a private access easement shall be constructed of or faced with a decorative building material on 75 percent of the facade elevation, with the remaining 25 percent a standard building material, excluding doors.

2.

Side Elevation. Decorative building materials are required on side elevations as follows: A. Street Facing. A side elevation fronting on or most directly facing street right-of-way or a private access easement shall be constructed of or faced with a decorative building material on 75 percent of the facade elevation, with the remaining 25 percent a standard building material, excluding doors.

B. Non-Street Facing. An interior side or any other side elevation that does not front on or most directly face street right-of-way or a private access easement shall be constructed of or faced with a decorative building material on 50 percent or 75 feet of the facade, whichever is greater. The remaining portion of the building facade shall be comprised of a secondary building material. The nonstreet facing elevation shall be screened with small trees that have a mature growth of no less than 15 feet in crown height, which shall be spaced no more than 10 feet apart and a continuous row of shrubs no less than three feet in height at the time of planting.

These trees and shrubs shall be planted in a landscape area that complies with , Site Landscaping.

C. Abutting Parking Lot or Drive-Through. A side elevation that abuts a drive-through lane or a parking lot shall be constructed of or faced with a primary building material on 75 percent of the facade elevation, with the remaining portion of the building facade comprised of a standard building material.

3.

Rear Elevation. The building elevation facing the rear of the property may be constructed of or faced with a standard building material on 100 percent of the facade elevation, provided that the rear elevation does not: A. Front on or most directly face street right-of-way or a private access easement; or B. Abut a drive-through lane or parking lot. In either case, the rear elevation shall be constructed of or faced with a decorative building material on 75 percent of the rear facade, with the remaining portion of the rear elevation comprised of a standard building material. Screening shall also be provided along the rear elevation as set out above. b. Building Materials. Decorative and standard building materials are set out in Subsection 25.03.180.4, Finish Materials.

3. Commensurate Landscaping. The percentages of decorative building materials for each of the elevations set out in 1., above, may be reduced commensurate with the planting of foundation landscaping, as set out in Table 25.05.090.2.2, Building Material Reductions and Commensurate Landscaping Requirements. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­Ď´ĎŹÍ˜Ď° &Ĺ?ĹśĹ?Ć?Ĺš DÄ‚ĆšÄžĆŒĹ?Ä‚ĹŻĆ?

1. ‡…‘”ƒ–‹˜‡ —‹Ž†‹Â?‰ ƒ–‡”‹ƒŽ•Ǥ Š‡ ’”‹Â?ƒ”› „—‹Ž†‹Â?‰ Â?ƒ–‡”‹ƒŽ• —•‡† ˆ‘” „—‹Ž†‹Â?‰ ‡š–‡”‹‘” Ď?‹Â?ishes shall be proven high-quality, durable materials. These materials include: a. Brick, including thin brick; b. Stone, including cast stone, limestone, granite, or other native or naturally occurring stone; c. Architectural (textured) concrete masonry units, including split face, weathered face, sandblasted face, and ground face blocks; d. Fiber cement siding; e. Glass; and ˆǤ ”‡njĎ?‹Â?‹•Š‡† ƒ”…Š‹–‡…–—”ƒŽ ƒŽ—Â?‹Â?—Â? …‘Â?’‘•‹–‡ Â?‡–ƒŽ ™ƒŽŽ ’ƒÂ?‡Ž• ȋ‡Ǥ‰Ǥǥ Ž—…‘„‘Â?† ‘” equal) up to a maximum of 30 percent of a wall facade.

2. –ƒ�†ƒ”† —‹Ž†‹�‰ ƒ–‡”‹ƒŽ•Ǥ a. Portland cement stucco; b. Exterior Insulation Finish System (EIFS), provided: 1.

Use of a wall drainage system (barrier wall systems are prohibited); and 2.

Use of a 20 oz. high-impact mesh below eight feet above ground level. c. Vinyl siding provided it is used on no more than 25 percent on a front or street-facing elevation; and †Ǥ Â?„‘••‡† ‘” ’”‡njĎ?‹Â?‹•Š‡† ƒ”…Š‹–‡…–—”ƒŽ Â?‡–ƒŽ ’ƒÂ?‡Ž ȋʹ͸Ϊ Â‰ÂƒÂ—Â‰Â‡ČŒÇĄ ™Š‹…Š Šƒ• ƒÂ? ƒ’’‡ƒ”ance of masonry or stucco.

3. Limited Materials. Materials that may be used for exterior wall, siding, or cladding with the approval of the Planning and Zoning Commission include: a. Prefabricated metal wall panels; b. Corrugated or ribbed metal panel; …Ǥ Â?Â‘Â‘Â–ÂŠÇŚÂˆÂƒÂ…Â‡Â†ÇĄ —Â?Ď?‹Â?‹•Š‡† …‘Â?…”‡–‡ „Ž‘…Â?Ǣ ƒÂ?† d. Metal siding.

4. Prohibited Materials. The use of the following for exterior walls, siding, or cladding is prohib-

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ited in all districts: a. Plastic. b. Plywood; …Ǥ ‘‘† Ď?‹„‡”Ǣ †Ǥ Â?†‡”njĎ?‹”‡† ‘” —Â?Ď?‹”‡† Â…ÂŽÂƒÂ›ÇĄ •ƒÂ?†ǥ ‘” •ŠƒŽ‡ ”‘…Â?Ǣ ƒÂ?† e. Painted brick, manufactured stone, concrete masonry units, and cementitious stucco.

5. Other Materials. Other building materials may be used by approval of the Administrator if it is demonstrated that they have comparable durability, impact resistance, and aesthetic quality as the materials permitted above and either: ƒǤ Š‡› ƒ”‡ ’ƒ”– ‘ˆ ƒ „—‹Ž†‹Â?‰ –Šƒ– ‹• †‡•‹‰Â?‡† –‘ ƒ…Š‹‡˜‡ ƒ Â?‹Â?‹Â?—Â? „”‘Â?œ‡ …‡”–‹Ď?‹…ƒ–‹‘Â? in Leadership in Energy and Environmental Design (“LEEDâ€?), and the materials qualify for LEED points under both the “energy and atmosphere criteriaâ€? and the “materials and resources criteriaâ€? of the LEED checklists; or „Ǥ Š‡› ƒ”‡ ’ƒ”– ‘ˆ ƒ „—‹Ž†‹Â?‰ –Šƒ– ‹• …‡”–‹Ď?‹‡† ĥ †‡•‹‰Â?‡† –‘ ‡ƒ”Â? ÇĄ ƒÂ?† –Š‡ Â?ƒ–‡”‹ƒŽ• •—„•–ƒÂ?–‹ƒŽŽ› ‹Â?’”‘˜‡ –Š‡ ‡Â?‡”‰› ‡ˆĎ?‹…‹‡Â?…› ‘ˆ –Š‡ „—‹Ž†‹Â?‰ …‘Â?’ƒ”‡† to materials that are permitted by Items 1., and 2., above. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­Ď´ĎŹÍ˜Ďą ĆľĹ?ĹŻÄšĹ?ĹśĹ? ĂŜĚ ^Ĺ?ƚĞ ÄžĆ?Ĺ?Ĺ?Ĺś 1. ƒ…Â?‰”‘—Â?†. The standards set out in this Item originate from the Sioux City Design Works design guidelines, which was accepted by the City Council and has been applied on projects since its completion in 2010. These standards are designed to implement the core values, goals, policies, and principles that are articulated by these design guidelines.

2. Site Design. a. Orientation.

1.

Buildings shall be oriented in a manner that directly front street rights-ofway. The building setbacks in the mixed use and nonresidential districts are set out in Table 25.03.040.1, Nonresidential and Mixed Use Standards.

All setbacks in the Casino Entertainment (CE) and Downtown Commercial (DC) districts, and the front setback in the Suburban Commercial (SC) district are the maximum (build-to) setbacks. It is preferred that buildings in the General Commercial (GC) and Mixed Use (MU) districts are built-to the ˆ”‘Â?– ƒÂ?† •–”‡‡– •‹†‡ •‡–„ƒ…Â?• –‘ †‡Ď?‹Â?‡ –Š‡ •–”‡‡– ‡†‰‡Ǥ ˆ •‘ǥ –Š‡ ˆ”‘Â?– ƒÂ?† street side building setback are each 25 feet and the parking lot setback is eight feet. If the buildings are set back greater than 25 feet to accommodate front or street side parking, the parking lot setback is increased from eight to 15 feet to provide an adequate street bufferyard. (See Subsection 25.05.090.1, Parking Lot Bufferyards) 2.

Where the setbacks of existing development as of the effective date of this Code are less than those set out for the General Commercial (GC) district, ȋ‡Ǥ‰Ǥǥ ‡•– ͚–Š Â–Â”Â‡Â‡Â–ČŒÇĄ –Š‡ •‡–„ƒ…Â?• ˆ‘” ‹Â?Ď?‹ŽŽ †‡˜‡Ž‘’Â?‡Â?– ‘” ”‡†‡˜‡Ž‘’ment shall be equal to the lesser of the prevailing setbacks or the average of the setbacks of the adjacent buildings or lots within 300 feet in each direction. The intent is to preserve the existing pattern of building footprints and the relative proximity of buildings to the street.

3.

The architectural style and decorative materials of the front facade of the building(s) shall be expressed on all sides of the building(s) elevations fronting on or most directly facing street right-of-way or a private street easement.

4.

Service and utility areas, facilities, and operations shall be oriented on a side of the building(s) that does not front on or most directly face street right-of-way or private street easements and that are internal to a mixeduse or multi-tenant building or center. b. Arrangement.

1.

Development tracts that include out-parcels shall be arranged in a manner that groups buildings together so as to frame the site and its edges, distin‰—‹•Š ‹–• ’‘‹Â?–• ‘ˆ ‹Â?‰”‡•• ƒÂ?† ‡‰”‡••ǥ ƒÂ?† †‡Ď?‹Â?‡ ’—„Ž‹… •’ƒ…‡•Ǥ 2.

The spaces between the principal building and individual out-parcels shall be designed to include landscape surface areas that are improved with pedestrian amenities and connections to and between them and each building in the development.

3.

Mixed use or multi-tenant developments shall avoid a site layout that includes a series of individual, unrelated, and equally-sized out-parcels that are wholly independent of one another, do not contribute to a cohesive design, and are auto-oriented.

4.

Buildings on out-parcels shall include a cohesive design with the other buildings in the development and shall include a consistent level of architectural detail and decorative materials on all four sides of the building. c. Building Placement.

1.

Public Space. Where a parcel proposed for development is proposed to contain two or more principal buildings with a cumulative total of 50,000 •“—ƒ”‡ ˆ‡‡– ‘” Â?‘”‡ǥ –Š‡ „—‹Ž†‹Â?‰• •ŠƒŽŽ „‡ ’Žƒ…‡† –‘ †‡Ď?‹Â?‡ ‘—–†‘‘” ’—„Ž‹… spaces such as plazas and courtyards. This space counts toward the landscape surface ratio (nonresidential) or open space ratio (mixed use) of the development. The public space shall be connected to the major building activities on the site.

2.

Views. Where practicable, buildings shall be situated and massed to avoid „Ž‘…Â?‹Â?‰ ˜‹‡™• –‘ •‹‰Â?‹Ď?‹…ƒÂ?– Â?ƒ–—”ƒŽ ˆ‡ƒ–—”‡• ȋ‡Ǥ‰Ǥǥ ‹••‘—”‹ Â‹Â˜Â‡Â”ÇĄ ‘‡•• Hills, etc.).

3. —‹Ž†‹Â?‰ ‡•‹‰Â?Ǥ a. EntrancesǤ ”‹Â?…‹’ƒŽ „—‹Ž†‹Â?‰ ‡Â?–”ƒÂ?…‡• •ŠƒŽŽ „‡ †‡•‹‰Â?‡† –‘ „‡ …Ž‡ƒ”Ž› ‹†‡Â?–‹Ď?Â‹ÂƒÂ„ÂŽÂ‡ÇĄ ƒÂ?† shall include a sheltering element such as a canopy, awning, arcade, or portico. If a building includes more than one principal entrance (e.g., shopping center), each ‹Â?†‹˜‹†—ƒŽ ‡Â?–”ƒÂ?…‡ •ŠƒŽŽ „‡ ‹†‡Â?–‹Ď?‹‡† ™‹–Š ƒÂ? ƒ”…Š‹–‡…–—”ƒŽ –”‡ƒ–Â?‡Â?–Ǥ b. Form.

1.

Buildings that cover a cumulative total of 50,000 square feet of ‰”‘•• Ď?Ž‘‘” area ‘” Â?‘”‡ǥ „—– Ž‡•• –ŠƒÂ? ͳͲͲǥͲͲͲ •“—ƒ”‡ ˆ‡‡– ‘ˆ ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒ •ŠƒŽŽ have a change in height or roof line, which can be accomplished by one or more of the following techniques: A. Dormers with ridge lines that are three feet or more below the ridge line of the roof; and/or B. A compound roof shape, in which the highest ridge line and the Ž‘™‡•– ”‹†‰‡ Ž‹Â?‡ Šƒ˜‡ ƒ Š‡‹‰Š– †‹ˆˆ‡”‡Â?…‡ ‘ˆ Ď?‹˜‡ ˆ‡‡– ‘” Â?‘”‡Ǣ ƒÂ?†Ȁ or C. Parapet walls that vary in height by four feet or more, are proportional to the building, and which are designed of equal or greater height to screen from public view all rooftop mechanical equipment; and/or D. Towers that have a height that is more than eight feet above the highest peak or ridge of the roof or highest point of the parapet.

The mass of such towers shall be proportional to the building, so that the towers appear as substantial, but not overwhelming, architectural elements; and/or Ǥ

”‘—Â?Â†ÇŚÂŽÂ‡Â˜Â‡ÂŽ ƒ”…ƒ†‡• ƒÂ?† •‡…‘Â?† Ď?Ž‘‘” Â‰ÂƒÂŽÂŽÂ‡Â”Â‹Â‡Â•Č€Â„ÂƒÂŽÂ…Â‘Â?‹‡•Ǣ ƒÂ?†Ȁ‘” F. Other features that reduce the apparent mass of a building.

2.

Buildings that cover more than 100,000 square feet of ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒ shall have major changes in height or roof line, which shall, in addition to the above building form requirements add the following massing and scale requirements: Ǥ ‹‰Â?‹Ď?‹…ƒÂ?– ƒ”…Š‹–‡…–—”ƒŽ ˆ‡ƒ–—”‡• –‘ ‹†‡Â?–‹ˆ› ’”‹Â?…‹’ƒŽ ‡Â?–”ƒÂ?…‡•Ǣ Ǥ Ž‡Â?‡Â?–• •—…Š ĥ ƒ††‹–‹‘Â?ƒŽ –‘™‡”• ‘” •‹‰Â?‹Ď?‹…ƒÂ?– ’”‘Œ‡…–‹‘Â?• ˆ”‘Â? the building to break up the building mass; and C. Building wall offsets with a horizontal dimension of more than 80 feet shall have clearly pronounced projections or recesses of at least six feet, and at least two feet for buildings with a horizontal dimension of less than 80 feet, measured perpendicular to the vertical plane of the wall. These projections or recesses shall be spaced not more than 80 feet apart. Projections or recesses shall have a horizontal dimension parallel to the building wall from which the offset is measured of at least the lesser of: i.

20 feet; or ii.

20 percent of the building facade. (See Figure 25.03.180.5A, Required Offsets.) &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­Ď´ĎŹÍ˜Ďą ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ c. Massing and Scale.

1.

Building facades shall appear to be divided into modules that are not larger than 150 feet in width.

A. Modules shall be offset from each other by a distance that is at least 10 percent of the building height; and B. Individual modules shall be architecturally differentiated in an obvious manner by at least two of the following: i.

Color; ii.

Cladding materials; iii.

Height, provided that the change is at least 10 percent of the building height of the tallest module; iv.

Roof form; v.

Window arrangement; and/or vi.

Other facade articulation details.

2.

Building facades that are wider than 150 feet shall have a vertical change in plane that is a minimum of 10 feet deep and 15 feet wide. d. Storefronts.

1.

Storefronts shall be designed using a palette of piers, columns, pilaster, and/or trim to frame display windows.

2.

Facades at street level shall have large window openings that comprise no Ž‡•• –ŠƒÂ? ͡Ͳ ’‡”…‡Â?– ‘ˆ –Š‡ Ď?‹”•– Ď?Ž‘‘” ™ƒŽŽ ƒ”‡ƒǤ 3.

Display window sills shall be no higher than 30 inches above the sidewalk. ͜Ǥ ‹Â?†‘™• ‘Â? –Š‡ ‰”‘—Â?† Ď?Ž‘‘” •ŠƒŽŽ Šƒ˜‡ –”ƒÂ?•’ƒ”‡Â?– ‰Žƒœ‹Â?‰Ǥ 5.

Doors and entryways shall be designed as an integral part of the storefront system. e. Multi-Story Buildings. Buildings with more than two stories shall be designed with a clearly differentiated base, middle, and top.

1.

Building Base. A recognizable base shall include, but not be limited to: A. Thicker walls, ledges, or sills.

B. Integrally-textured materials such as stone or other masonry; Ǥ

Â?Â–Â‡Â‰Â”ÂƒÂŽÂŽÂ›ÇŚÂ…Â‘ÂŽÂ‘Â”Â‡Â† ƒÂ?† ’ƒ––‡”Â?‡† Â?ƒ–‡”‹ƒŽ• •—…Š ĥ •Â?‘‘–ŠnjĎ?‹Â?ished stone or tile; or D. Lighter or darker colored materials, mullions, or panels.

2.

Building Top. A recognizable top shall include, but not be limited to: A. Three-dimensional cornice treatments with integrally-textured materials such as stone of other masonry or differently colored materials, other than colored stripes or bands.

B. Sloping roofs with eaves and brackets.

C. Stepped parapets. f. Blank Walls. Except where necessary to accommodate the future expansion of a building, blank walls are not allowed. No building wall may include an area which is larger than 15 feet tall by 25 feet wide that does not include one or more of the following: 1.

Window(s); 2.

Door(s); 3.

Building wall offset that complies with Item 3.b.2, above; 4.

Sign(s), in accordance with Subchapter 25.05-C, Signs; 5.

Change of building materials, in accordance with the standards set out in Subsection 25.03.180.3, Facade Treatments, and Subsection 25.03.180.4, Finish Materials; 6.

Architectural details that relieve the appearance of the blank wall; 7.

A canopy or an arcade. (See Figure 25.03.180.5B, Illustrative Blank Wall Treatments); or 8.

Vines or other plantings on wall trellises that cover at least 60 percent of the facade elevation. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­Ď´ĎŹÍ˜Ďą ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ g. ‘‘ϔ‹Â?‰.

1.

Styles. Flat roof and pitched roof systems are allowed, subject to the following standards.

A. Mansard roofs are not permitted.

B. Any material that is permitted by the building code is alŽ‘™‡† ‘Â? Ď?Žƒ– ”‘‘ˆ •›•–‡Â?•Ǥ C. Flat roof systems shall be hidden by a parapet wall that is equal or greater in height to screen from public view all rooftop mechanical equipment.

2.

Approved MaterialsǤ ‘‘Ď?‹Â?‰ Â?ƒ–‡”‹ƒŽ• —•‡† ‘Â? ’‹–…Š‡† ”‘‘ˆ •›•–‡Â?• shall be proven, high-quality, durable materials, including: A. Architectural shingles; B. Concrete tile; C. Slate; D. Architectural standing seam metal; E. Building integrated solar arrays (panels that double as roofing material); or F. Green roof systems.

3.

Prohibited MaterialsǤ ‘””—‰ƒ–‡† ‘” ”‹„„‡† Â?‡–ƒŽ ƒÂ?† ‘–Š‡” ”‘‘Ď?‹Â?‰ materials that are not listed above are prohibited, unless recommended by staff and approved by the Planning Commission.

4. Architecture. a. Detailing.

1.

All buildings shall contain architectural details that promote good design, which include, but are not limited to, the following: A. Arcades; B. Awnings; C. Balconies; D. Canopies; Columns; E. F. Cornices; G. Oriel Windows; H. Porches;

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2.

I. Recessed Entries; J. Stringcourses; and K. Window moldings.

Large panels or a deep cornice expression at the top of the the storefront may serve as an area for signage and awnings.

b. Elevations.

1.

Front Elevations. As exhibited by Figure 25.03.180.5C, Architecture of Front Elevations, the front elevation shall have features that animate no less than 75 percent of the facade: A. Architectural features that animate the facade along its entire length spaced at intervals of not more than 50 feet in horizontal distance. These features shall include wall sconces, display windows, faux windows, brick patterning, entry areas, towers, pilasters, columns, horizontal and vertical offsets, and/or other elements that create a pattern of light and shadow on the building walls.

B. Awnings, arcades, or overhangs that project at least six feet along not less than 60 percent of the facade for buildings with 10,000 square feet and larger footprints, and shall connect to all building entrances along the facade.

2.

Side and Rear Elevations. As exhibited by Figure 25.03.180.5D, Architecture of Side Elevations, Architectural features that animate no less than 50 percent of the facade. These features shall include: A. Awnings, arcades, or overhangs that project at least six feet and connect to awnings, arcades, or overhangs on the front elevation; and B. Include wall sconces, display windows, entry areas, towers, pilasters, columns, horizontal and vertical offsets, and other elements that create a pattern of light and shadow on the building wall. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­Ď´ĎŹÍ˜Ďą ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­Ď´ĎŹÍ˜Ďą ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ c. Awnings and Canopies. Awnings and canopies, if installed, shall: 1.

Be attached and integral to the principal structure; 2.

Not obstruct any window (transom windows may be located under awnings and canopies); 3.

Have columns, beams, and/or brackets of adequate size to give both structural support and visible means for support; 4.

Be constructed of durable, protective, and water repellant materials (e.g., cloth, fabric, canvas, glass, steel, standing seam metal, architectural metal, and/or perforated metal (not corrugated)); 5.

Not be back lit or internally illuminated; 6.

Only be illuminated by: Ǥ ‡…‡••‡† Ď?‹š–—”‡• ‹Â?…‘”’‘”ƒ–‹Â?‰ ƒ Ž‡Â?• …‘˜‡” –Šƒ– ‹• ‡‹–Š‡” ”‡…‡••‡† ‘” Ď?Ž—•Š ™‹–Š –Š‡ „‘––‘Â? •—”ˆƒ…‡ ȋ…‡‹Ž‹Â?Â‰ČŒ ‘ˆ –Š‡ …ƒÂ?‘’›Ǣ ‘” Ǥ

Â?†‹”‡…– Ž‹‰Š–‹Â?‰ ™Š‡”‡ Ž‹‰Š– ‹• „‡ƒÂ?‡† —’™ƒ”† ƒÂ?† –Š‡Â? ”‡Ď?Ž‡…–‡† †‘™Â? ˆ”‘Â? –Š‡ —Â?†‡”•‹†‡ ‘ˆ –Š‡ …ƒÂ?‘’›Ǥ Â?†‹”‡…– Ž‹‰Š–‹Â?‰ Ď?‹š–—”‡• shall be shielded such that direct illumination is focused exclusively on the underside of the canopy.

7.

Not be longer than a single storefront; 8.

Be compatible with the overall color scheme of the facade from which it projects; 9.

Not encroach to within two feet of a curb line; and ͳͲǤ ƒ˜‡ ƒ Â?‹Â?‹Â?—Â? …Ž‡ƒ”ƒÂ?…‡ ‘ˆ ‡‹‰Š– ˆ‡‡– ˆ”‘Â? Ď?‹Â?‹•Š‡† ‰”ƒ†‡ –‘ –Š‡ „‘––‘Â? of the awning/canopy (drive-under canopies shall not exceed 16 feet in height).

5. ……‡••‘”› —‹Ž†‹Â?‰ ƒÂ?† –”—…–—”‡ ‡•‹‰Â?. a. Architecture. Canopies and porte cocheres must be consistent and compatible with principal buildings in terms of architectural detail and character. b. Cladding and FinishesǤ Žƒ††‹Â?‰ ƒÂ?† Ď?‹Â?‹•Š‡• ˆ‘” •—’’‘”– …‘Ž—Â?Â?• ƒÂ?† ‘–Š‡” ˜‡”–‹…ƒŽ structural components must be materials that are used on the principal building. c. Fascia / Sign Band.

1.

Back-lit plastic or acrylic fascia is not allowed.

2.

Signage may be installed on canopy fascias. However: A. Color bands that use colors from company logos count towards the sign area for attached signs.

B. Fascia lighting is limited to channel letters and / or symbols, and shall comply with the requirements of Subchapter 25.05-C, Signs. d. Roof Structure. The roof structure of the canopy must be compatible with the roof struc–—”‡ ‘ˆ –Š‡ ’”‹Â?…‹’ƒŽ „—‹Ž†‹Â?‰ ‹Â? –‡”Â?• ‘ˆ ’‹–…Šǥ ”‘‘Ď?‹Â?‰ Â?ÂƒÂ–Â‡Â”Â‹ÂƒÂŽÂ•ÇĄ ƒÂ?† …‘Ž‘”•Ǥ Ž–‡”natively, the roof structure may be integrated into the roof structure of the principal building. e. Canopy CeilingǤ Ž‘••› ƒÂ?† ”‡Ď?Ž‡…–‹˜‡ Ď?‹Â?‹•Š‡• ƒ”‡ Â?‘– ƒŽŽ‘™‡† ‘Â? –Š‡ …ƒÂ?‘’› …‡‹Ž‹Â?‰Ǥ f. Drainage. Downspouts and related hardware shall be integrated into the canopy structure.

A.

Storefronts shall be designed using a palette of piers, columns, pilaster, and/or trim to frame display windows.

B. Facades at street level shall have large window openings that com’”‹•‡ Â?‘ Ž‡•• –ŠƒÂ? ͡Ͳ ’‡”…‡Â?– ‘ˆ –Š‡ Ď?‹”•– Ď?Ž‘‘” ™ƒŽŽ ƒ”‡ƒǤ C. Display window sills shall be no higher than 30 inches above the sidewalk. Ǥ ‹Â?†‘™• ‘Â? –Š‡ ‰”‘—Â?† Ď?Ž‘‘” •ŠƒŽŽ Šƒ˜‡ –”ƒÂ?•’ƒ”‡Â?– Č‹Â?‘Â?nj–‹Â?Â–Â‡Â†ČŒ windows.

E. Doors and entryways shall be designed as an integral part of the storefront system.

6.

Entrances. Ǥ ”‹Â?ƒ”› ’—„Ž‹… ‡Â?–”ƒÂ?…‡• •ŠƒŽŽ „‡ …Ž‡ƒ”Ž› †‡Ď?‹Â?‡† ™‹–Š –”ƒ†‹–‹‘Â?ƒŽ architectural detailing, awnings, and landscape or hardscape features such as ornamental paving, tile work, planters, and/or planting beds.

B. Building entrances shall have a form and scale that is comparable to those on existing historic buildings. (See Figure 25.03.190.3B, Building Entrances) &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­ĎľĎŹÍ˜ĎŻ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ c. Multi-Story Buildings. Buildings with more than two stories shall be designed with a clearly differentiated base, middle, and top. a.

Building Base. A recognizable base shall include, but not be limited to: 1.

Thicker walls, ledges, or sills.

2.

Integrally-textured materials such as stone or other masonry; ;Ǥ

Â?Â–Â‡Â‰Â”ÂƒÂŽÂŽÂ›ÇŚÂ…Â‘ÂŽÂ‘Â”Â‡Â† ƒÂ?† ’ƒ––‡”Â?‡† Â?ƒ–‡”‹ƒŽ• •—…Š ĥ •Â?‘‘–ŠnjĎ?‹Â?ished stone or tile; or 4.

Lighter or darker colored materials, mullions, or panels. b.

Building Top. A recognizable top shall include, but not be limited to: 1.

Three-dimensional cornice treatments with integrally-textured materials such as stone of other masonry or differently colored materials, other than colored stripes or bands.

2.

Sloping roofs with eaves and brackets.

3.

Stepped parapets. d. Blank Walls. Except where necessary to accommodate the future expansion of a building, blank walls are not allowed. No newly developed, redeveloped, or substantially improved building may include a blank wall area that is larger than 20 feet tall by 25 feet wide that does not include one or more of the following: a.

Design Treatments that are proportional to the front facade, which may include, but are not limited to: A. Window(s); B. Door(s); C. Building wall offsets of at least four feet; D. Sign(s), in accordance with Subchapter 25.05-C, Signs; E. Change of building materials, in accordance with the standards set out in Subsection 25.03.180.3, Facade Treatments; F. Architectural details that relieve the appearance of the blank wall; G. A canopy or an arcade; or H. Vines or other plantings on wall trellises that cover at least 60 percent of the facade elevation. b.

Blank walls that become exposed by reason of the razing or removal of an adjacent, abutting building shall treat the wall surface as set out above. If such treatment may not be accomplished on the property of the remaining building or is not practicable, as determined by the Administrator, the blank wall shall be exempt from these requirements. c.

Painting of any building walls is prohibited unless recommended by the Administrator and approved by the Planning and Zoning Commission. e. ‘‘ϔ‹�‰.

1.

Styles. Flat roof systems are allowed, subject to the following standards: A. Mansard roofs are not permitted.

B. Any material that is permitted by the building code, as amended ˆ”‘Â? –‹Â?‡ –‘ –‹Â?‡ǥ ‹• ƒŽŽ‘™‡† ‘Â? Ď?Žƒ– ”‘‘ˆ •›•–‡Â?•Ǥ C. Flat roof systems shall be hidden by a parapet wall that is equal or greater in height to screen from public view all rooftop mechanical equipment.

2.

Prohibited Materials. Corrugated or ribbed metal that are visible at ground level are prohibited.

2. Architecture. a. The general form of structures in Downtown is to be simple, three-dimensional forms characteristic of the appearance and scale of early 1900’s main streets that orient to and participate in the activities of the street. (See Figure 25.03.190.3C, Historical Building Features) &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­ĎľĎŹÍ˜ĎŻ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ b. Detailing.

1.

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­Ď´ĎŹÍ˜Ď˛ DÄžÄ?ŚĂŜĹ?Ä?Ä‚ĹŻ Ć‹ĆľĹ?ƉžĞŜƚ ĂŜĚ DÄžĆšÄžĆŒĆ?

1. Generally. Mechanical equipment associated with building operations (e.g., HVAC systems, electric meter banks, etc.) shall be screened as set out in the Item.

2. Overhead Utilities. If the site development or infrastructure improvement associated with the development involves the relocation of existing overhead utilities, all existing utility and electrical lines (30,000 volts or less) that are located on or adjacent to the site (e.g. around the perimeter or within abutting rights-of-way) shall be placed underground. If circumstances exist whereby the utility provider determines that the placement of utilities underground will create a safety hazard or is impractical by way of the reliability of the circuit, this requirement shall be waived. In the instance of development sites that have more than one frontage, on the recommendation of the Public Works Director, the Planning and Zoning Commission may allow existing overhead lines, in whole or in part, to remain.

3. ”‘—Â?†nj ‡˜‡Ž “—‹’Â?‡Â?–Ǥ Mechanical equipment and meters shall be screened from public view by building wall extensions, opaque fencing, structural enclosures, or landscaping. Hedges and screen walls that are used to screen mechanical systems shall be maintained at a height that is at least one foot higher than the equipment. Wall extensions, opaque fencing, and structural enclosures shall use materials and colors that match or are consistent with the design and materials of the principal building.

4. Â‘Â‘ÂˆÇŚ ‘—Â?–‡† “—‹’Â?‡Â?–Ǥ Mechanical equipment shall be fully screened from ground level views from all adjacent property and rights-of-way by: a. Parapet walls, which shall include cornice treatments that are of adequate height to fully screen the equipment (cannot be seen by pedestrian-level); or b. Screening walls of adequate height to fully screen the equipment, which use materials and colors that match or are consistent with the design of the principal building; or c. Sloped roof systems or other architectural elements of adequate height to fully screen the equipment from all adjacent property and rights-of-way.

5. —‹Ž†‹Â?‰nj ‘—Â?–‡† “—‹’Â?‡Â?–Ǥ Mechanical equipment that is mounted on a building wall that is within public view shall be enclosed, screened by opaque fencing, landscaping, or painted to match the building facade. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­ĎľĎŹ ^ƉĞÄ?Ĺ?Ä‚ĹŻ Ĺ?Ć?ĆšĆŒĹ?Ä?Ćš ÄžĆ?Ĺ?Ĺ?Ĺś ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­ĎľĎŹÍ˜Ď­ WĆľĆŒĆ‰Ĺ˝Ć?Äž ĂŜĚ Ä‚Ä?ĹŹĹ?ĆŒĹ˝ĆľĹśÄš 1. Purpose. The purpose of these standards is to ensure that buildings and building sites in the Downtown Commercial (DC), Suburban Commercial (SC), and Casino Entertainment (CE) districts, are preserved and enhanced in their character contributing design.

2. ƒ…Â?‰”‘—Â?†. The standards set out in this Section originate, in part, from the Sioux City Design Works design guidelines, together with the following: a. Historic Fourth; Design Guidelines for the Historic District; and b. Sioux City Historic Pearl District Design Manual, together with the Facade Improvement Program. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­ĎľĎŹÍ˜ĎŽ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ 1. Applicability. These standards apply to all new development, redevelopment, substantial improvements, and expansion of buildings in the respective special districts, including those set out below. The standards for these districts are independent of those set out in Section 25.03.180, Nonresidential and Mixed Use Development Design Standards. a. Downtown Commercial (DC) district; b. Historic Area, including: 1.

Historic 4th Street (HA-4) sub-district; 2.

Historic Pearl Street (HA-P) sub-district; and 3.

Historic Neighborhood or Center sub-district; and c. Suburban Commercial (SC) district; d. Casino Entertainment (CE) district; and e. Neighborhood Conservation (NC) sub-districts. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­ĎľĎŹÍ˜ĎŻ Ĺ˝Ç ĹśĆšĹ˝Ç Ĺś Ĺ˝ĹľĹľÄžĆŒÄ?Ĺ?Ä‚ĹŻ Íž Íż ÄžĆ?Ĺ?Ĺ?Ĺś ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

1. —‹Ž†‹�‰ ‡•‹‰�Ǥ a. Finish Materials.

1.

Decorative Materials.

A. Brick, including thin brick; B. Stone, including cast stone, limestone, granite, or other native or naturally occurring stone; C. Portland cement stucco; and D. Architectural (textured) concrete masonry units, including split face, weathered face, sandblasted face, and ground face blocks.

2.

Limited Materials. Materials that may be used for exterior wall, siding, or cladding with the approval of the Design Review Committee include: A. Exterior Insulation Finish System (EIFS); Ǥ Â?„‘••‡† ‘” ’”‡njĎ?‹Â?‹•Š‡† ƒ”…Š‹–‡…–—”ƒŽ Â?‡–ƒŽ ’ƒÂ?‡Ž ȋʹ͸Ϊ Â‰ÂƒÂ—Â‰Â‡ČŒÇĄ which has an appearance of masonry or stucco; C. Wood, vinyl, or aluminum siding provided it is used on no more than 25 percent on a front or street-facing elevation; D. Wood siding or shake shingles; E. Prefabricated metal wall panels; F. Corrugated or ribbed metal panel; and G. Other building materials if it is demonstrated that they have comparable durability, impact resistance, and aesthetic quality as the materials permitted above and either: i.

They are part of a building that is designed to achieve a Â?‹Â?‹Â?—Â? „”‘Â?œ‡ …‡”–‹Ď?‹…ƒ–‹‘Â? ‹Â? ‡ƒ†‡”•Š‹’ ‹Â? Â?‡”‰› ƒÂ?† Environmental Design (“LEEDâ€?), and the materials qualify for LEED points under both the “energy and atmosphere criteriaâ€? and the “materials and resources criteriaâ€? of the LEED checklists; or ‹‹Ǥ Š‡› ƒ”‡ ’ƒ”– ‘ˆ ƒ „—‹Ž†‹Â?‰ –Šƒ– ‹• …‡”–‹Ď?‹‡† ĥ †‡•‹‰Â?‡† to earn ENERGY STAR, and the materials substantially im’”‘˜‡ –Š‡ ‡Â?‡”‰› ‡ˆĎ?‹…‹‡Â?…› ‘ˆ –Š‡ „—‹Ž†‹Â?‰ …‘Â?’ƒ”‡† –‘ materials that are permitted above.

3.

Prohibited Materials. The use of the following for exterior walls, siding, or cladding is prohibited in all districts: A. Plastic; Ǥ ‡–ƒŽ ‘” ™‘‘† •‹†‹Â?‰ǥ ‹Â?…Ž—†‹Â?‰ ’Ž›™‘‘† ƒÂ?† ™‘‘† Ď?Â‹Â„Â‡Â”Â„Â‘ÂƒÂ”Â†Ç˘ C. Metal screening; D. Fiberglass; Ǥ Â?Â‘Â‘Â–ÂŠÇŚÂˆÂƒÂ…Â‡Â†ÇĄ —Â?Ď?‹Â?‹•Š‡† …‘Â?…”‡–‡ „Ž‘…Â?Ǣ ƒÂ?† F. Painted brick, manufactured stone, concrete masonry units, and cementitious stucco. b. Massing and Scale.

1.

Roof lines of each vertical bay shall be individually distinguishable with variations of height of no less than two feet. Roofs shall relate to the articulations of the building facadesǤ ‘” Ď?Žƒ– ”‘‘ˆ• ™‹–Š ƒ Š‘”‹œ‘Â?–ƒŽ Â‡ÂƒÂ˜Â‡ÇĄ ÂˆÂƒÂ•Â…Â‹ÂƒÇĄ or parapet, the roof line shall be changed so that no un-modulated segment of roof exceeds 25 feet in horizontal dimension. The minimum vertical diÂ?‡Â?•‹‘Â? ‘ˆ –Š‡ ”‘‘Ď?Ž‹Â?‡ Â?‘†—Žƒ–‹‘Â?• •ŠƒŽŽ „‡ –Š‡ ‰”‡ƒ–‡” ‘ˆ –™‘ ˆ‡‡– ‘” ͳͲ ’‡”…‡Â?– ‘ˆ –Š‡ ™ƒŽŽ Š‡‹‰Š– Č‹Â?‡ƒ•—”‡† ˆ”‘Â? Ď?‹Â?‹•Š ‰”ƒ†‡ –‘ –Š‡ –‘’ ‘ˆ –Š‡ wall), whichever is greater.

2.

The patterns, heights, spacing, and styles of windows shall be maintained within and between vertical bays on a block face, as exhibited by Figure A, Fenestration.

A. The height-to-width ratio of single openings and group openings shall be proportionally scaled to the wall as well as to adjacent buildings; B. Door and window details and trim shall be suitably scaled to the wall as well as to adjacent buildings; and C. Large expanses of glass used in windows and doors shall be reduced to smaller component windows reminiscent of traditional main street vernacular when adjacent to sidewalks or other pedestrian use areas.

3.

Building facades shall be divided into vertical bays that are no more than 25 feet in width, as exhibited by Figure 25.03.190.3A, Fenestration..

A. Individual bays shall be architecturally differentiated in an obvious manner by at least two of the following: i.

Color; ii.

Cladding materials; iii.

Height, provided that the change is at least 10 percent of the building height of the tallest module; iv.

Roof form; v.

Window arrangement; and/or vi.

Other facade articulation details. ͜Ǥ Â?‡ •–‘”› „—‹Ž†‹Â?‰• •ŠƒŽŽ Šƒ˜‡ ƒ Â?‹Â?‹Â?—Â? Š‡‹‰Š– ‘ˆ ʹͲ ˆ‡‡– ˆ”‘Â? –Š‡ Ď?‹Â?ished grade to the top of the parapet or eave. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­ĎľĎŹÍ˜ĎŻ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ 5.

2. c. Colors.

1.

Buildings shall contain architectural details that promote design, but are not limited to the following: A. Flourishes (building tops); B. Pier and spandrel; C. Recessed panels and projected bands or string courses; D. Recessed windows and projecting planes; E. Expressive sculptural forms; Ǥ ”Â?ƒÂ?‡Â?–ƒ–‹‘Â? ȋ‡Ǥ‰Ǥǥ ˆ”‹‡œ‡ „ƒÂ?†• ƒ„‘˜‡ –Š‡ Ď?‹”•– Â•Â–Â‘Â”Â›ČŒÇ˘ ƒÂ?† G. Towers.

Large panels or a deep cornice expression at the top of the the storefront may serve as an area for signage and awnings.

Predominant ColorsǤ š–‡”‹‘” Ď?‹Â?‹•Š …‘Ž‘”• ƒ”‡ –‘ ‡š’”‡•• –Š‡ ‹Â?–‡‰”ƒŽ …‘Ž‘” of building materials (e.g. brick, cast stone), or be neutral earth tones.

2.

Accent Color. Buildings may include limited use of approved compatible accent colors.

3.

Context. The color of neighboring buildings that comply with this Item shall be considered when selecting colors for repainting or remodeling of existing structures and for new structures. d. Corporate Identity. Logo buildings and logo building elements, except signage, are prohibited in this district. e. Awnings, Canopies, and Colonnades. Awnings, canopies, and colonnades shall : 1.

Be attached and integral to the principal structure; 2.

Not obstruct any window (transom windows may be located under awnings and canopies); 3.

Have columns, beams, and/or brackets of adequate size to give both structural support and visible means for support; 4.

Be constructed of durable, protective, and water repellant materials (e.g., cloth, fabric, canvas, glass, steel, standing seam metal, architectural metal, and/or perforated metal (not corrugated)); ͡Ǥ ‘– „‡ …‘Â?•–”—…–‡† ‘ˆ ˜‹Â?›Ž ‘” Ď?Â‹Â„Â‡Â”Â‰ÂŽÂƒÂ•Â•Ç˘ 6.

Not be back lit or internally illuminated; 7.

Only be illuminated by: ƒǤ ‡…‡••‡† Ď?‹š–—”‡• ‹Â?…‘”’‘”ƒ–‹Â?‰ ƒ Ž‡Â?• …‘˜‡” –Šƒ– ‹• ‡‹–Š‡” ”‡…‡••‡† ‘” Ď?Ž—•Š ™‹–Š –Š‡ „‘––‘Â? •—”ˆƒ…‡ ȋ…‡‹Ž‹Â?Â‰ČŒ ‘ˆ –Š‡ …ƒÂ?‘’›Ǣ ‘” „Ǥ

Â?†‹”‡…– Ž‹‰Š–‹Â?‰ ™Š‡”‡ Ž‹‰Š– ‹• „‡ƒÂ?‡† —’™ƒ”† ƒÂ?† –Š‡Â? ”‡Ď?Ž‡…–‡† †‘™Â? ˆ”‘Â? –Š‡ —Â?†‡”•‹†‡ ‘ˆ –Š‡ …ƒÂ?‘’›Ǥ Â?†‹”‡…– Ž‹‰Š–‹Â?‰ Ď?‹š–—”‡• shall be shielded such that direct illumination is focused exclusively on the underside of the canopy.

8.

Not be longer than a single storefront; 9.

Be compatible with the overall color scheme of the facade from which it projects; 10.

Not encroach to within two feet of a curb line; and ͳͳǤ ƒ˜‡ ƒ Â?‹Â?‹Â?—Â? …Ž‡ƒ”ƒÂ?…‡ ‘ˆ ‡‹‰Š– ˆ‡‡– ˆ”‘Â? Ď?‹Â?‹•Š‡† ‰”ƒ†‡ –‘ –Š‡ „‘––‘Â? of the awning/canopy (drive-under canopies shall not exceed 16 feet in height).

3. Landscaping. Any area between the inside or interior of the sidewalk edge and the building façade and/or parking area that is not utilized as a plaza or outdoor cafĂŠ is required to be fully landscaped and irrigated. Landscape improvements shall include raised masonry planter boxes or pots, ÂƒÂ–ÇŚÂ‰Â”ÂƒÂ†Â‡ ’ŽƒÂ?–‹Â?‰ „‡†•ǥ Â?ƒ•‘Â?”› •‡ƒ– Â™ÂƒÂŽÂŽÂ•ÇĄ „‡Â?…Š‡•ǥ ’‡†‡•–”‹ƒÂ?ÇŚÂ•Â…ÂƒÂŽÂ‡Â† Ž‹‰Š– Ď?‹š–—”‡•ǥ †‡…‘”ƒ–‹˜‡ railings or wrought iron fencing, together with brick pavers and other hardscape improvements, as reviewed and approved by the Design Review Committee (DRC). Additionally, landscaping improvements shall comply with all applicable provisions of Section 25.05.080, General Requirements, and Section 25.05.120, Landscape Plan, Installation, and Maintenance.

4. Sidewalks, Plazas, Pedestrian Amenities, and Site Requirements. The objective for Downtown is for development and redevelopment to create a pedestrian-friendly, mixed-use environment that is a destination for both residents and visitors of Sioux City. Sidewalks, plazas, and pedestrian amenities are essential elements to achieve this objective. a. Requirements.

1.

Sidewalks.

A. Sidewalks within or immediately adjacent to street right-of-way and parallel to the building facade shall be not less than eight feet wide, which shall connect to adjacent buildings and parking areas.

B. Sidewalks to building entries that connect to the sidewalks within or adjacent to the right-of-way shall be not less than six feet wide.

C. Sidewalks that cross driveways, parking lot entries, and other paved surfaces shall be clearly delineated with special materials or markings, e.g. textured or stamped concrete, brick or stone pavers, striping, etc.

D. The Administrator may approve alternate locations and widths of sidewalks to eliminate encroachments that may reduce the clear space of sidewalks to less than six feet.

2.

Outdoor Spaces and Amenities. Where provided, outdoor pedestrian spaces and amenities shall be clearly accessible to the public. Plazas, courtyards, greens, and other pedestrian areas shall include landscaping and pedestrian-scale lighting, as set out under Item 3. Landscaping, above. The following are encouraged: A. Public art, benches or low seating walls, or other pedestrian amenities and site furnishings; and B. Use of brick, paver brick, stone, or color-textured or stamped concrete to reinforce the character of Downtown.

3.

Outside Display of Merchandise. The following are permitted in the Downtown Commercial (DC) district, which supersede any other provisions of this Code.

A. Temporary or portable buildings of any kind are prohibited except during construction of site-planned facilities.

B. Outside sales/outside display areas shall be located within 10 feet of a required entrance façade and shall only be located in front of the business that is selling item(s). A minimum four foot clear space shall be maintained at all times on sidewalks.

C. All merchandise and/or seasonal items used for outside sales or display shall be moved indoors at the end of business each day.

5. Parking. a. Existing Surface Parking. Upon the expansion or substantial improvement of existing surface parking lots, the streetscape perimeter shall be screened as set out in , Parking and Loading. b. New Surface Parking. New surface parking lots shall: 1.

Be located behind street-facing buildings; or 2.

Be limited to no more than 30 percent of the street frontage of the site proposed for development or redevelopment; or 3.

Be screened with a streetscape buffer as set out in Subsection 25.05.090.1, Parking Lot Landscaping that incorporates: A. Street furniture (or benches incorporated into a seat wall), spaced at intervals of not more than 50 feet; and B. A landscaped masonry wall with a minimum height of three feet. c. Shared Parking. Shared parking allows adjacent property owners to share their parking lots and reduce the number of parking spaces that each would provide on their individual properties. Shared parking is allowed through contractual agreements between property owners, approved as to form by the City Attorney, and approved by the Planning and Zoning Commission. The standards to reduce the required parking are set out in Subsection 25.05.030.6, Shared Parking. Shared parking lots shall conform to the standards listed above. d. Parking Garage. Parking garages shall be designed as follows: 1.

The bulk (or mass) of a parking structure as seen from the street shall be minimized by placing its short dimension along the street edge with the Š‹‰Š‡•– ˆ—Â?…–‹‘Â?ƒŽ •–”‡‡– …Žƒ••‹Ď?‹…ƒ–‹‘Â? —’‘Â? ™Š‹…Š –Š‡ Ž‘– ˆ”‘Â?–•Ǥ Č‹See Figure 25.03.190.3D, Structured Parking Design) 2.

Generally, the parking garage shall include active uses, such as retail or other approved uses in the district, at the ground level and/or along the street frontage, or shall be located behind the principal building. Where the dimensions of the lot do not accommodate the active use of the street frontage, parking garages and vehicle entrances shall be designed to minimize views into the garage interior from surrounding streets, which may include, but are not limited to: A. Ornamental grillwork (plain vertical or horizontal bars are not acceptable); B. Decorative artwork, such as metal panels, murals, and mosaics; and/or C. Display windows for use by nearby merchants. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­ĎľĎŹÍ˜ĎŻ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ c. Parking garages shall be architecturally consistent with exterior architectural elements of the principal building or adjacent traditional buildings, including roof lines, facade design, articulation, Â?‘†—Žƒ–‹‘Â?ÇĄ ƒÂ?† Ď?‹Â?‹•Š Â?ÂƒÂ–Â‡Â”Â‹ÂƒÂŽÂ•ÇĄ ĥ •‡– ‘—– ‹Â? –Š‹• –‡Â?Ǥ d. Parking garage facades shall have brick cladding, or a combination of brick and other masonry, and have regularly spaced square or rectangular fenestration.

6. Signage. Signage shall comply with the standards set out in , Signs.

Storefronts.

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SIOUXCITYJOURNAL.COM

SUNDAY, FEBRUARY 1, 2015

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­ĎľĎŹÍ˜Ď° ,Ĺ?Ć?ĆšĹ˝ĆŒĹ?Ä? ĆŒÄžÄ‚ Íž, Íż ÄžĆ?Ĺ?Ĺ?Ĺś ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

1. Intent. It is the intent of this Item to ensure, insofar as possible, that the development, redevelopment, or substantial improvement of property within the Historic Area (including the Historic 4th Street (HA-4), Historic Pearl (HA-P), as well as the Historic Neighborhood or Center (HA-N) subdistrict) is in harmony with its architectural and historic character. In granting a ‡”–‹Ď?‹…ƒ–‡ ‘ˆ Appropriateness, the Design Review Committee (DRC) and Historic Preservation Commission shall –ƒÂ?‡ ‹Â?–‘ ƒ……‘—Â?– –Š‡ ƒ”…Š‹–‡…–—”ƒŽ ƒÂ?† Š‹•–‘”‹…ƒŽ •‹‰Â?‹Ď?‹…ƒÂ?…‡ ‘ˆ –Š‡ •–”—…–—”‡ —Â?†‡” …‘Â?•‹†‡”ƒ–‹‘Â? ƒÂ?† –Š‡ ‡š–‡”‹‘” ˆ‘”Â? ƒÂ?† ƒ’’‡ƒ”ƒÂ?…‡ ‘ˆ ƒÂ?› ’”‘’‘•‡† ƒ††‹–‹‘Â?• ‘” Â?‘†‹Ď?‹…ƒ–‹‘Â?• –‘ –Šƒ– •–”—…–—”‡ǥ as well as the effect of such change or additions upon other structures in the Historic Area.

2. Applicability. All new development, redevelopment, substantial reconstruction, and expansion of buildings shall be designed and conform, insofar as possible, to the standards of this Item. Unless otherwise noted, these standards are applicable to the following: a. Historic 4th Street (HA-4) sub-district; b. Historic Pearl (HA-P) sub-district; and c. Historic Neighborhood or Center (HA-N) sub-district, as set out in Subsection 25.02.060.3, Historic Area (HA) Overlay District.

3. ProceduresǤ Š‡ ’”‘…‡†—”‡• ˆ‘” Â?‘Â?‹Â?ƒ–‹‘Â?• –‘ –Š‡ Â?ƒ–‹‘Â?ƒŽ ”‡‰‹•–‡”ǥ …‡”–‹Ď?‹…ƒ–‡• ‘ˆ ƒ’’”‘’”‹ƒ–‡Â?‡••ǥ ƒÂ?† Šƒ”†•Š‹’ ™ƒ‹˜‡”• ˆ‘” …‡”–‹Ď?‹…ƒ–‡• ‘ˆ ƒ’’”‘’”‹ƒ–‡Â?॥ ƒ”‡ •‡– ‘—– ‹Â? Subchapter 25.06-B, Permits and Procedures. The procedures for designation of landmarks and historic districts are set out in Section 2.44.070, †‡Â?Â–Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â? ƒÂ?† ‡•‹‰Â?ƒ–‹‘Â? ‘ˆ ƒÂ?†Â?ƒ”Â?• ƒÂ?† ‹•–‘”‹… ‹•–”‹…–•, of the Municipal Code.

4. Design Guidelines Incorporated by Reference. As set out in Section 25.03.130, Application, the design guidelines that are applicable to the HA-4 and HA-P sub-districts are incorporated by reference into this Code. These guidelines complement the standards and requirements of this Code, and shall be used to reinforce the principles and objectives of these design guidelines, as well as the Comprehensive Plan. The design guidelines for both historic districts provide for the following: a. Purpose. “The purpose of these guidelines is to provide property owners with information to assist in maintaining, repairing, and making appropriate additions to their historic buildings. These guidelines are intended to improve the physical appearance of the historic district, to protect and preserve the value of property, and to protect the building within the historic district from inappropriate and harmful development.� b. Preservation. The guidelines are generally based on the Secretary of the Interior’s Standards for Rehabilitation, which are set out in Item 5, below. They include both “recommended� and “not recommended� approaches for preservation of the following: 1.

HA-4 Sub-District. Foundations, masonry, architectural metals, doorways ƒÂ?† ™‹Â?†‘™•ǥ •–‘”‡ˆ”‘Â?–•ǥ •‹‰Â?• ƒÂ?† ĪÂ?‹Â?‰•ǥ ”‘‘ˆ• ƒÂ?† …Š‹Â?Â?‡›•ǥ ƒÂ?† Ď?‹”‡ exits.

2.

HA-P Sub-District. Traditional facade, storefront design (detailing, improvements, materials, openings, display windows, entries, and kick plates), maintenance and repair (wood, architectural metals, paint color), masonry, windows, awnings, signs, lighting, pedestrian-oriented design, landscaping, outdoor seating, visual screening, and surface parking facilities. c. New Construction and Additions. The guidelines also include “recommended� and “not recommended� approaches for the following: 1.

HA-4 Sub-District. Location, massing, materials, composition of openings, and separating old and new construction and additions.

2.

HA-P Sub-DistrictǤ Â?Ď?‹ŽŽ •–”—…–—”‡• ƒÂ?† ƒ††‹–‹‘Â?•Ǥ d. Demolition. “Recommendedâ€? and “not recommendedâ€? approaches for demolition are outlined in the guidelines for the HA-4 sub-district, together with considerations for approval or denial of a demolition permit.

5. ‡Šƒ„‹Ž‹–ƒ–‹‘Â? ‘ˆ ‹•–‘”‹… —‹Ž†‹Â?‰•Ǥ When considering applications for ‡”–‹Ď?‹…ƒ–‡• ‘ˆ Â’propriateness for new construction, alteration, repair, or restoration, the Design Review Committee (DRC) and Historic Preservation Commission (HPC) shall use the Secretary of Interior’s Standards for Rehabilitation, together with the design guidelines for the HA-4 and HA-P sub-districts, in making their decisions. In addition, the Historic Preservation Commission, with technical input and ƒ ”‡…‘Â?Â?‡Â?†ƒ–‹‘Â? „› –Š‡ ‡•‹‰Â? ‡˜‹‡™ ‘Â?Â?‹––‡‡ǥ Â?ƒ› ƒ†‘’– Â?‘”‡ •’‡…‹Ď?‹… ‰—‹†‡Ž‹Â?‡• ˆ‘” –Š‡ Historic Area and its sub-districts. These guidelines may serve as the basis for determining the apÂ’Â”Â‘Â˜ÂƒÂŽÇĄ ƒ’’”‘˜ƒŽ ™‹–Š Â?‘†‹Ď?‹…ƒ–‹‘Â?•ǥ ‘” †‡Â?‹ƒŽ ‘ˆ ƒÂ? ƒ’’Ž‹…ƒ–‹‘Â? ˆ‘” ƒ …‡”–‹Ď?‹…ƒ–‡ ‘ˆ ƒ’’”‘’”‹ƒ–‡Â?‡••Ǥ a. Standards for Rehabilitation.

1.

Original Integrity Intact. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

2.

Historic Context. New site construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale, and proportion, and massing to protect the integrity of the property and its environment.

3.

Archeological Preservation. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

4.

Care in Treatment. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.

5.

Restoration of Distinct Features. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old design, color, texture, and where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.

6.

Preservation of Distinct FeaturesǤ ‹•–‹Â?…– Â?ÂƒÂ–Â‡Â”Â‹ÂƒÂŽÂ•ÇĄ ÂˆÂ‡ÂƒÂ–Â—Â”Â‡Â•ÇĄ Ď?‹Â?‹•Š‡•ǥ ƒÂ?† site development techniques or examples of craftsmanship that characterize a site will be preserved.

7.

Appropriate ChangesǤ ŠƒÂ?‰‡• –‘ ƒ •‹–‡ –Šƒ– Šƒ˜‡ ƒ…“—‹”‡† Š‹•–‘”‹… •‹‰Â?‹Ď?‹cance in their own right will be retained and preserved.

8.

Historic Integrity. Each site will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural site features or elements from other sites, shall not be permitted.

9.

Preservation of Historic Character. The historic character of a site shall be retained and preserved. The removal of distinctive or alteration of site features, spaces, and spatial relationships that characterize a property will be avoided.

10.

Appropriate Use. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships. b. ’‡…‹ϔ‹… ‡•‹‰Â? –ƒÂ?†ƒ”†• ˆ‘” š–‡”‹‘” ‡Šƒ„‹Ž‹–ƒ–‹‘Â?. The following standards elaborate ‘Â? ƒÂ?† ƒ”‡ •‡– ‘—– ĥ Â?‡ƒÂ?• ˆ‘” ‹Â?’Ž‡Â?‡Â?–‹Â?‰ –Š‡ †‡•‹‰Â? ‰—‹†‡Ž‹Â?‡• ™‹–Š •’‡…‹Ď?‹… requirements, in lieu of the more general recommendations of the guidelines.

1.

HA-4 Sub-District. The requirements for the exterior rehabilitation of buildings in the HA-4 sub-district are as follows: A. Foundations. i.

The size and shape of original door and window openings in the foundation shall be maintained. ii.

Any repair or new construction shall match, to the greatest extent practicable, the original materials in size, color, –‡š–—”‡ǥ …‘Â?’‘•‹–‹‘Â?ÇĄ ƒÂ?† Œ‘‹Â?– ’”‘Ď?‹Ž‡Ǥ iii.

Masonry or concrete foundations shall not be painted or covered with cement plaster or stucco.

B. Masonry. i.

Any repair, restoration, or new construction shall match, to the greatest extent practicable, the color of the original masonry and mortar. ii.

Historic masonry shall not be painted. iii.

Masonry features that are essential to the historic character of a building and are structurally sound shall not be ”‡Â?‘˜‡† ‘” •‹‰Â?‹Ď?‹…ƒÂ?–Ž› …ŠƒÂ?‰‡† C. Architectural Metals. Architectural metal features that are in a condition that may be restored shall be retained and preserved, to the greatest extent practicable.

D. Doorways and Windows. i.

The repair or replacement of deteriorated doorways or windows shall match, to the greatest extent practicable, the size, materials, and appearance of the original doorways and windows. ii.

Original doorway and window openings shall not be removed or sealed off.

E. Storefronts. i.

Non-historic materials (e.g. plaster, stucco, siding, etc.) shall not be used to cover or conceal the original historic materials. ii.

Storefronts shall comply with the standards in Subsection 25.03.190.3, Downtown Commercial (DC) Design Standards.

F. Signs. i.

The types, sizes, and locations of signs shall conform to the standards set out in Subsection 25.02.060.3, Historic Area (HA) Overlay District. ii.

Signs shall not obscure any architectural features on historic buildings. iii.

There shall be no off-premise signs.

G. Awnings. i.

Fixed awnings shall extend no more than four feet from the building facade. ii.

Retractable awnings shall extend no more than seven feet from the building facade. iii.

The valance of an awning shall be no more than six inches in height and shall be no less than eight feet above the sidewalk. iv.

Awnings shall comply with the standards for awnings, canopies, and colonnades in Subsection 25.03.190.3, Downtown Commercial (DC) Design Standards.

H. Roofs. Mechanical and service equipment shall comply with the standards set out in Subsection 25.03.180.6, Mechanical Equipment and Meters.

I. Fire Exits. Fire exits shall not be installed on a front building facade Â?‘– ƒ Â…ÂŠÂƒÂ”ÂƒÂ…Â–Â‡Â”ÇŚÂ†Â‡Ď?‹Â?‹Â?‰ ‘” •–”‡‡– •‹†‡ „—‹Ž†‹Â?‰ ˆƒ…ƒ†‡Ǥ 2.

HA-P Sub-District. The requirements for the exterior rehabilitation of buildings in the HA-P sub-district are as follows: A. Facades. i.

New entries that replace original entries that have already been removed as of the effective date of this Code shall be †‡•‹‰Â?‡† ƒÂ?† ’Žƒ…‡† ‹Â? ƒ Â?ƒÂ?Â?‡” –Šƒ– ”‡Ď?Ž‡…–• –Š‡ –”ƒ†‹tional design of the building facade and its symmetry. ii.

Storefronts shall comply with the standards in Subsection 25.03.190.3, Downtown Commercial (DC) Design Standards.

B. Storefronts. i.

The design of storefronts shall comply with the applicable provisions of Subsection 25.03.190.3, Downtown Commercial (DC) Design Standards. ii.

Materials that are not allowed on storefronts include cultured stone, fake brick, rough textured wood siding, wooden shingles on mansard roofs, gravel aggregate materials, Â‡ÂˆÂˆÂƒÂ…Â‡ÇĄ ’Ž›™‘‘† •Š‡ƒ–Š‹Â?‰ǥ Â’ÂŽÂƒÂ•Â–Â‹Â…ÇĄ Ď?Â‹Â„Â‡Â”Â‰ÂŽÂƒÂ•Â•ÇĄ ƒÂ?† •–—……‘Ǥ iii.

Provided they are internally illuminated and no less than two feet deep, display windows that do not provide views into the interior of the building may constitute up to 25 ’‡”…‡Â?– ‘ˆ –Š‡ Ď?‹”•– Ď?Ž‘‘” ™ƒŽŽ ƒ”‡ƒǤ iv.

A minimum of 15 percent of the building facade area above –Š‡ ‰”‘—Â?† Ď?Ž‘‘” •ŠƒŽŽ …‘Â?•‹•– ‘ˆ –”ƒÂ?•’ƒ”‡Â?– Â?ƒ–‡”‹ƒŽ•Ǥ C. Entrances. i.

Buildings shall have a primary, passable entrance door facing the street, side-facing alley, plaza or courtyard that has a distinguishing feature, such as a canopy, awning, gallery, or portico. Entrances at building corners satisfy this requirement. ii.

Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrianoriented plazas, or courtyard entrances to a cluster of shops or businesses. iii.

Recessed building entrances are subject to the following standards: a.

The entrance width may not exceed 12 feet; b.

The entrance depth may not exceed the entrance width; and c.

The entrance may not exceed two stories in height.

6. –ƒ�†ƒ”†• ˆ‘” ‡™ ‘�•–”—…–‹‘� ƒ�† —‹Ž†‹�‰ ††‹–‹‘�•Ǥ a. Building Additions. Additions shall: 1.

Be subordinate to the historic principal building relative to its size and scale.

2.

Only be located on the side or rear elevations.

3.

Be wholly compatible with, yet distinguishable from, the historic building in terms of the building materials, color(s), and the mass and proportion of windows and doors. b. Massing.

1.

Buildings shall not exceed 115 percent or be less than 85 percent of the average height of the buildings on the two nearest developed lots or buildings on either side of the subject lot or building. A greater variation will ”‡“—‹”‡ ”‡˜‹‡™ ƒÂ?† ƒÂ? ƒˆĎ?‹”Â?ƒ–‹˜‡ ”‡…‘Â?Â?‡Â?†ƒ–‹‘Â? „› –Š‡ ‡•‹‰Â? ‡˜‹‡™

Sioux ity oning C ndZ ign aode S inal C raft –

D

F03.23.15

Committee (DRC) and Historic Preservation Commission and approval by the City Council.

The massing and scaling of buildings in the HA-4 and HA-P sub-districts and in nonresidential or mixed-use centers of the HA-N sub-district shall comply with the provisions of Subsection 25.03.190.3, Downtown Commercial (DC) Design Standards. c. Colors. Colors shall be reviewed for their historic context for which the following may be considered: 1.

Primary building materials shall be similar to or compatible with the red, pink, and tan stone and brick facades existing in the HA district. ʹǤ ƒ­ƒ†‡ …‘Ž‘”• •ŠƒŽŽ „‡ Â?‘Â?nj”‡Ď?Ž‡…–‹˜‡ ƒÂ?† •—„–Ž‡Ǥ Š‡ —•‡ ‘ˆ ’”‹Â?ÂƒÂ”Â›ÇĄ Š‹‰Š ‹Â?–‡Â?•‹–›ǥ Ď?Ž—‘”‡•…‡Â?–ǥ ‘” Â?‡–ƒŽŽ‹… …‘Ž‘”• ‹• ’”‘Š‹„‹–‡† ȋ‘–Š‡” –ŠƒÂ? ˆ‘” –Š‡ sign face).

3.

Any activity that involves changing color or refreshing color shall be preapproved by the Design Review Committee (DRC) and Historic Preservation Commission.

4.

Metallic (except copper and silver metallic-colored roofs) and colors are prohibited on any façade or roof. d. Materials.

1.

Principal building materials in the HA-4 and HA-P sub-districts and in nonresidential or mixed-use centers of the HA-N sub-district shall comply with the “decorative materials� (excluding the limited and prohibited materials) set out under Item 1. Building Design, in Subsection 25.03.190.3, Downtown Commercial (DC) Design Standards.

2.

Prohibited materials on front or street-side elevations include: cultured stone, fake brick, rough textured wood siding, wooden shingles on mansard roofs, gravel aggregate materials, efface, plywood sheathing, plastic, Ď?Â‹Â„Â‡Â”Â‰ÂŽÂƒÂ•Â•ÇĄ ƒÂ?† •–—……‘. ;Ǥ ‹Â?†‘™• ‘Â? –Š‡ ‰”‘—Â?† Ď?Ž‘‘” •ŠƒŽŽ „‡ …‘Â?’”‹•‡† ‘ˆ Â…ÂŽÂ‡ÂƒÂ”ÇĄ Â?‘Â?nj”‡Ď?Ž‡…–‹˜‡ glass. e. Architecture. The architectural design of buildings in the HA-4 and HA-P sub-districts and in nonresidential or mixed-use centers of the HA-N sub-district shall comply with the provisions set out under Item 2. Architecture, in Subsection 25.03.190.3, Downtown Commercial (DC) Design Standards.

7. Landscaping. Landscaping and hardscaping of the area between the inside or interior of the sidewalk edge and the building façade and/or parking area in the HA-4 and HA-P sub-districts and in nonresidential or mixed-use centers of the HA-N sub-district shall be landscaped as set out in Subsection 25.03.190.3, Downtown Commercial (DC) Design Standards.

8. Sidewalks, Plazas, Pedestrian Amenities, and Site Requirements. See Subsection 25.03.190.3, Downtown Commercial (DC) Design Standards, for the HA-4 and HA-P sub-districts and in nonresidential or mixed-use centers of the HA-N sub-district.

9. Parking. Surface parking lots and parking garages in the HA-4 and HA-P sub-districts and in nonresidential or mixed-use centers of the HA-N sub-district shall comply with the standards set out in Subsection 25.03.190.3, Downtown Commercial (DC) Design Standards, as well as the applicable provisions of Subchapter 25.05-A, Parking and Loading.

10. ‡…Šƒ�‹…ƒŽ “—‹’�‡�– ƒ�† ‡–‡”•. All ground-, roof-, and building-mounted equipment shall comply with the standards set out in Subsection 25.03.180.6, Mechanical Equipment and Meters.

11. Lighting. All lighting shall comply with the standards set out in Subchapter 25.05-D, Exterior Lighting. (Reserved), or as otherwise required by the Design Review Committee (DRC) and Historic Preservation Commission.

12. Signs. Signage shall comply with the standards set out in Subchapter 25.05-C, Signs.

2.

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­ĎľĎŹÍ˜Ďą ^ĆľÄ?ĆľĆŒÄ?Ä‚Ĺś Ĺ˝ĹľĹľÄžĆŒÄ?Ĺ?Ä‚ĹŻ Íž^ Íż ÄžĆ?Ĺ?Ĺ?Ĺś ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

1. Generally. The requirements of this Item apply to nonresidential and mixed use buildings.

2. —‹Ž†‹Â?‰ …ƒŽ‡Ǥ Buildings fronting on the following street or road types shall be limited to the following scale standards: a. ”–‡”‹ƒŽ •–”‡‡– ‘” ÂŠÂ‹Â‰ÂŠÂ™ÂƒÂ›ÇŁ ƒš‹Â?—Â? ͡ͺǥ͜͜͜ •“—ƒ”‡ ˆ‡‡– ‹Â? ‰”‘•• ϔŽ‘‘” ƒ”‡ƒǤ „Ǥ ‘ŽŽ‡…–‘” •–”‡‡–ǣ ƒš‹Â?—Â? ͝ǥͲͲͲ •“—ƒ”‡ ˆ‡‡– ‹Â? ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒǤ …Ǥ ‘…ƒŽ •–”‡‡–Ǥ ƒš‹Â?—Â? ͡ǥͲͲͲ •“—ƒ”‡ ˆ‡‡– ‹Â? ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒǤ 3. —‹Ž†‹Â?‰ ‡•‹‰Â?Ǥ a. Height. The maximum building height is set out in Table 25.03.040.1, Nonresidential and Mixed Use Standards. b. Articulation. No street-facing facade may have a continuous length of 50 feet or more without a minimum offset of four feet in the building elevation. c. Detailing. All buildings shall contain architectural details for each elevation fronting on or most directly facing street right-of-way, a private street easement, or abutting drive-through lane or parking lot that promote good design, which may include, but are not limited to: 1.

Entry portico.

2.

Chimneys or cupolas; 3.

Transom windows; 4.

Dormers; 5.

Window canopies; 6.

Eaves in excess of 18 inches; 7.

Covered porches (extending along 50 percent of the building facade and projecting a minimum of four feet from the face of the building); or 8.

Decorative window shutters. d. Facade Treatments. The facade treatments of buildings shall comply with the standards of Subsection 25.03.180.3, Facade Treatments. e. FinishesǤ š–‡”‹‘” „—‹Ž†‹Â?‰ Ď?‹Â?‹•Š Â?ƒ–‡”‹ƒŽ• •ŠƒŽŽ …‘Â?’Ž› ™‹–Š –Š‡ •–ƒÂ?†ƒ”†• ‘ˆ —„•‡…–‹‘Â?

25.03.180.4, Finish Materials. f. Roofs. Roofs shall be similar to residential type roofs. Permitted materials include asphalt shingles, slate or simulated slate shingles, standing seam metal, or other similar roof materials approved by the Commission. A peaked parapet is permitted if it gives the appearance of a pitched roof from all sides. Eaves shall extend a minimum ‘ˆ ͳʹ ‹Â?…Š‡• ˆ”‘Â? –Š‡ „—‹Ž†‹Â?‰ ˆƒ…ƒ†‡Ǥ Š‡ —•‡ ‘ˆ Ď?Žƒ– ƒÂ?† •Š‡† ”‘‘ˆ• ‹• ’”‘Š‹„‹–‡†Ǥ 4. Landscaping. Landscaping improvements shall comply with all applicable provisions of Section 25.05.080, General Requirements; Section 25.05.120, Development Landscaping; and Section 25.05.170, Landscape Plan, Installation, and Maintenance.

5. —ˆˆ‡”‹�‰Ǥ If a property is located adjacent to a single-family detached dwelling, duplex, or twin home, the following standards apply: a. The buffer width and required plantings shall be one level higher than that set out in Section , Bufferyards. b. Vehicular use and service areas require a wall or fence in addition to the required plantings. (See Subsection 25.03.100.3, Fences and Walls) 6. Parking. Parking lots shall be located in an interior side or rear yard. Parking in the front yard is prohibited. (See Table 25.03.040.1, Nonresidential and Mixed Use Standards) 7. Pedestrian Circulation. The site design shall provide a clear and safe method of pedestrian circulation along the street right-of-way, within the site, and to the primary customer entrance of the building.

8. Lighting. The site lighting shall not exceed the eve height of the building to which it principally Â”Â‡ÂŽÂƒÂ–Â‡Â•ÇĄ Šƒ˜‡ ÂˆÂ—ÂŽÂŽÇŚÂ…Â—Â– ‘ˆˆ Ď?‹š–—”‡•ǥ ƒÂ?† –Š‡ Ž‹‰Š– •ŠƒŽŽ Â?‘– •’‹ŽŽ ‘˜‡” Ž‘– Ž‹Â?‡• ‘ˆ ”‡•‹†‡Â?–‹ƒŽ —•‡• ‘” †‹•–”‹…–•Ǥ Š‡ ’”‡ˆ‡””‡† Ž‹‰Š–‹Â?‰ Ď?‹š–—”‡ –›’‡• ƒ”‡ ’‘•– Ď?‹š–—”‡•Ǥ 9. Restrictions. All allowed uses must be operated entirely indoors, with the exception of an outdoor restaurant or cafe seating area. However, the outdoor seating area may not face directly upon or be within 50 feet of a residential use or district. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­ĎľĎŹÍ˜Ď˛ Ä‚Ć?Ĺ?ŜŽ ĹśĆšÄžĆŒĆšÄ‚Ĺ?ŜžĞŜƚ Íž Íż ÄžĆ?Ĺ?Ĺ?Ĺś ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

1. Facade Treatments. a. Elevations. Elevations of building walls that are within direct public view shall have certain percentages of decorative facade surfaces as follows: 1.

Front Elevation. The building elevation(s) fronting on or most directly facing street right-of-way or a private access easement shall be constructed of or faced with a decorative building material on 75 percent of the facade elevation, with the remaining 25 percent constructed of a standard building material, excluding doors.

2.

Side Elevation. Decorative building materials are required on side elevations as follows: A. Facing Street or Public Space. A side elevation fronting on or or most directly facing a public space (e.g. plaza, courtyard, square, common, etc.), street right-of-way, or a private access easement shall be constructed of or faced with a decorative building material on 75 percent of the facade elevation, with the remaining 25 percent constructed of a standard building material, excluding doors.

B. Non-Facing Street or Public Space. An interior side or any other side elevation that does not front on or most directly face a public space, street right-of-way, or a private access easement shall be constructed of or faced with a decorative building material on 50 percent of the facade. The remaining portion of the building facade shall be constructed of a standard building material. The portion of elevation that is constructed of standard building materials shall be screened with vines, plantings on wall trellises, and/or trees that have a mature growth of no less than 15 feet in crown height, which shall be spaced no more than 15 feet apart. These trees shall be planted in a landscape area that complies with Subsection 25.05.120.1, Site Landscaping.

C. Abutting Parking Lot or Parking Garage. A side elevation that abuts a parking lot or parking garage shall be constructed of or faced with a primary building material on 50 percent of the facade elevation, with the remaining portion of the building facade constructed of a standard building material.

3.

Rear Elevation. The building elevation facing the rear of the property may be constructed of or faced with a standard building material on 100 percent of the facade elevation, provided that the rear elevation does not: A. Front on or most directly face a public space, street right-of-way, or a private access easement; or B. Abut a parking lot or parking garage. In either case, the rear elevation shall be constructed of or faced with a decorative building material on 75 percent or 50 percent, respectively, of the rear facade, with the remaining portion of the rear elevation constructed of a standard building material. Screening shall also be provided along the rear elevation as set out above.

2. —‹Ž†‹�‰ ƒ–‡”‹ƒŽ•. Buildings shall be constructed of the materials set out in Subsection 25.03.180.4, Finish Materials.

3. —‹Ž†‹�‰ ƒ�† ‹–‡ ‡•‹‰�. New construction and expansion of buildings shall be designed and constructed to comply with the standards set out in Subsection 25.03.180.5, Building and Site Design., excluding “elevations�, which are addressed under Item 1. Facade Treatments, above.

4. Parking. Surface parking lots and parking garages shall comply with the standards set out in Subsection 25.03.190.3, Downtown Commercial (DC) Design Standards, as well as the applicable provisions of Subchapter 25.05-A, Parking and Loading.

5. Landscaping. Landscaping and hardscaping of the area between the inside or interior of the sidewalk edge and the building façade and/or parking area shall be landscaped as set out in Subsection 25.03.190.3, Downtown Commercial (DC) Design Standards, as well as all applicable provisions of Section 25.05.080, General Requirements; Section 25.05.120, Development Landscaping; and Section 25.05.170, Landscape Plan, Installation, and Maintenance.

6. Sidewalks, Plazas, Pedestrian Amenities, and Site Requirements. See Subsection 25.03.190.3, Downtown Commercial (DC) Design Standards.

7. ‡…Šƒ�‹…ƒŽ “—‹’�‡�– ƒ�† ‡–‡”•. All ground-, roof-, and building-mounted equipment shall comply with the standards set out in Subsection 25.03.180.6, Mechanical Equipment and Meters.

8. Lighting. All lighting shall comply with the standards set out in Subchapter 25.05-D, Exterior Lighting. (Reserved), or as otherwise required by the Design Review Committee (DRC) and Historic Preservation Commission.

9. Signs. Signage shall comply with the standards set out in Subchapter 25.05-C, Signs.

13

g. Roof Type and Pitch. The type of roof and its pitch shall be consistent with other dwellings in the immediate neighborhood. h. Materials. The exterior building and roof materials shall be consistent with the material types of other dwelling units within a 300 foot radius in all directions. i. Access. The prevailing means of access via street or alley for the lots on the block face shall be maintained. j. GaragesǤ ˆ ƒ Â?ƒŒ‘”‹–› ‘ˆ –Š‡ †™‡ŽŽ‹Â?‰• ‘Â? –Š‡ „Ž‘…Â? ˆƒ…‡ Šƒ˜‡ ƒ Â‰ÂƒÂ”ÂƒÂ‰Â‡ÇĄ –Š‡ ‹Â?Ď?‹ŽŽǥ ”‡†‡veloped, or substantially altered or improved unit shall also have a garage, either attached or detached, consistent with the majority of other dwellings. k. Driveway. The length, width, and surface of the driveway, as applicable, shall be consistent with the majority of other dwellings on the block face.

4. ‘†‹Ď?‹…ƒ–‹‘Â?• ƒÂ?† †Œ—•–Â?‡Â?–•Ǥ The following variations may be approved by the Planning and Zoning Commission: a. Variation of the setbacks as set out in Subsection 25.03.02.4, Alternative Standards. „Ǥ Â? ƒŽ–‡”Â?ƒ–‡ „—‹Ž†‹Â?‰ ‘”‹‡Â?–ƒ–‹‘Â? –Šƒ– Ď?‹–• –Š‡ Ž‘– •Šƒ’‡ ƒÂ?† †‹Â?‡Â?•‹‘Â?• ™‹–Š‘—– ƒˆˆ‡…–ing the privacy of adjacent properties or unnecessarily altering the pattern of home fronts. c. Allowance of a one-story home between two-story homes provided a similar pattern exists on other block faces in the immediate neighborhood. †Ǥ ƒ”‹ƒ–‹‘Â? ‘ˆ –Š‡ •“—ƒ”‡ ˆ‘‘–ƒ‰‡ ’”‘˜‹†‡† –Š‡ „—ŽÂ? ƒÂ?† ˜‘Ž—Â?‡ ‘ˆ –Š‡ ‹Â?Ď?‹ŽŽǥ Â”Â‡Â†Â‡Â˜Â‡ÂŽÂ‘Â’Â‡Â†ÇĄ or substantially altered or improved unit is not out of scale with the adjacent dwelling units and those on the block face. e. Approval of variations to the building and roof materials. f. Exception to the requirement for a driveway or garage provided there is a pattern of other homes in the immediate neighborhood without driveways or garages. ʹ͡ǤͲ͜

ʹ͡ǤͲ͜nj

Reserved Sec. 25.04.010 Purpose Reserved ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎŽĎŹ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ Reserved ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎŻĎŹ ^ĆľÄ?ÄšĹ?Ç€Ĺ?Ć?Ĺ?ŽŜ ĂŜĚ ^ĆšĆŒÄžÄžĆš EĂžĞĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎŻĎŹÍ˜Ď­ ^ĆľÄ?ÄšĹ?Ç€Ĺ?Ć?Ĺ?ŽŜ Ĺ˝ĆŒ ĞǀĞůŽƉžĞŜƚ EĂžĞĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎŻĎŹÍ˜ĎŽ ^ĆšĆŒÄžÄžĆš EĂžĞĆ?

Reserved ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ°ĎŹ ŽǀĞŜĂŜƚĆ?Í• ŽŜĚĹ?Ć&#x;ŽŜĆ?Í• ĂŜĚ ZÄžĆ?ĆšĆŒĹ?Ä?Ć&#x;ŽŜĆ? Íž ZĆ?Íż Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ°ĎŹÍ˜Ď­ WĆŒĹ˝Ć‰ÄžĆŒĆšÇ‡ KÇ ĹśÄžĆŒĆ?Í› Ć?Ć?Ĺ˝Ä?Ĺ?Ä‚Ć&#x;ŽŜ Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ°ĎŹÍ˜ĎŽ ŽǀĞŜĂŜƚĆ?Í• ŽŜĚĹ?Ć&#x;ŽŜĆ?Í• ĂŜĚ ZÄžĆ?ĆšĆŒĹ?Ä?Ć&#x;ŽŜĆ? Íž ZĆ?Íż Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ°ĎŹÍ˜ĎŻ KƉĆ&#x;ŽŜĂů ŽǀĞŜĂŜƚĆ?Í• ŽŜĚĹ?Ć&#x;ŽŜĆ?Í• ĂŜĚ ZÄžĆ?ĆšĆŒĹ?Ä?Ć&#x;ŽŜĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ°ĎŹÍ˜Ď° Ĺ˝ĹśÇ€ÄžĆŒĆ?Ĺ?ŽŜĆ? Ä¨ĆŒĹ˝Ĺľ hĹśĹ?ĎĞĚ Ĺ˝ĹśĆšĆŒĹ˝ĹŻ ƚŽ DƾůĆ&#x;ƉůĞ KÇ ĹśÄžĆŒĆ?ĹšĹ?Ɖ Reserved ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎąĎŹ ĹŻÄ‚Ć?Ć?Ĺ?ÄŽÄ?Ä‚Ć&#x;ŽŜĆ? ŽĨ ^ĆľÄ?ÄšĹ?Ç€Ĺ?Ć?Ĺ?ŽŜĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎąĎŹÍ˜Ď­ WĆľĆŒĆ‰Ĺ˝Ć?Äž Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎąĎŹÍ˜ĎŽ DĹ?ĹśĹ˝ĆŒ DŽĚĹ?ÄŽÄ?Ä‚Ć&#x;ŽŜĆ? ŽĨ WĹŻÄ‚ĆšĆ? Ĺ˝ĆŒ WÄ‚ĆŒÄ?Ğů >Ĺ?ŜĞĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎąĎŹÍ˜ĎŻ DÄ‚ĹŠĹ˝ĆŒ DŽĚĹ?ÄŽÄ?Ä‚Ć&#x;ŽŜĆ? ŽĨ WĹŻÄ‚ĆšĆ?Í– ŚĂŜĹ?Äž ŽĨ ^ĆľÄ?ÄšĹ?Ç€Ĺ?Ć?Ĺ?ŽŜ EĂžĞ Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎąĎŹÍ˜Ď° ĚžĹ?ĹśĹ?Ć?ĆšĆŒÄ‚Ć&#x;ǀĞ ÍžDĹ?ĹśĹ˝ĆŒÍż ^ĆľÄ?ÄšĹ?Ç€Ĺ?Ć?Ĺ?ŽŜ Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎąĎŹÍ˜Ďą ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄš ^ĆľÄ?ÄšĹ?Ç€Ĺ?Ć?Ĺ?ŽŜ Reserved ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ˛ĎŹ ^ĆľÄ?ÄšĹ?Ç€Ĺ?Ć?Ĺ?ŽŜ ĂŜĚ ĞǀĞůŽƉžĞŜƚ ÄžĆ?Ĺ?Ĺ?Ĺś Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ˛ĎŹÍ˜Ď­ ÄžĆ?Ĺ?Ĺ?Ĺś WĆŒĹ?ĹśÄ?Ĺ?ƉůĞĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ˛ĎŹÍ˜ĎŽ ĹśĹ?Ĺ?ĹśÄžÄžĆŒĹ?ĹśĹ? ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ? DĂŜƾĂů Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ˛ĎŹÍ˜ĎŻ ^ĆšĆŒÄžÄžĆšĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ˛ĎŹÍ˜Ď° ĹŻĹ˝Ä?ĹŹĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ˛ĎŹÍ˜Ďą >ŽƚĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ˛ĎŹÍ˜Ď˛ sÄ‚ĆŒĹ?Ä‚Ä?ĹŻÄž ĆľĹ?ĹŻÄšĹ?ĹśĹ? WÄ‚ÄšĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ˛ĎŹÍ˜Ďł ŽŜŜĞÄ?Ć&#x;ŽŜ ƚŽ Ä?ƾƍŜĹ? WÄ‚ĆŒÄ?ĞůĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ˛ĎŹÍ˜Ď´ Ä‚Ć?ĞžĞŜƚĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ˛ĎŹÍ˜Ďľ KƉĞŜ ^ƉĂÄ?ÄžĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ˛ĎŹÍ˜Ď­ĎŹ ZÄžÄ?ĆŒÄžÄ‚Ć&#x;ŽŜ Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ˛ĎŹÍ˜Ď­Ď­ hĆ&#x;ĹŻĹ?Ć&#x;ÄžĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ˛ĎŹÍ˜Ď­ĎŽ ZĞƋƾĹ?ĆŒÄžÄš /ĹľĆ‰ĆŒĹ˝Ç€ÄžĹľÄžĹśĆšĆ?Í– hƉĹ?ĆŒÄ‚ÄšÄž Ĺ?ĆŒÄžÄžĹľÄžĹśĆšĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ˛ĎŹÍ˜Ď­ĎŻ ĞǀĞůŽƉžĞŜƚ WŚĂĆ?Ĺ?ĹśĹ?

Reserved ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎłĎŹ ĞĚĹ?Ä?Ä‚Ć&#x;ŽŜ ŽĨ >ĂŜĚ ĂŜĚ /ĹľĆ‰ĆŒĹ˝Ç€ÄžĹľÄžĹśĆšĆ?Í– /žƉĂÄ?Ćš &ĞĞĆ?Í– &ĞĞĆ? Ĺ?Ĺś >Ĺ?Ğƾ Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎłĎŹÍ˜Ď­ &Ĺ˝ĆŒĹľ ŽĨ ÄžĆŒĆ&#x;ÄŽÄ?Ä‚Ć&#x;ŽŜ ĂŜĚ ĞĚĹ?Ä?Ä‚Ć&#x;ŽŜ Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎłĎŹÍ˜ĎŽ ^ĆšĆŒÄžÄžĆšĆ? ĂŜĚ ZĹ?Ĺ?ŚƚĆ?ͲŽĨͲtĂLJ Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎłĎŹÍ˜ĎŻ ĆŒÄ‚Ĺ?ŜĂĹ?Äž Ä‚Ć?ĞžĞŜƚĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎłĎŹÍ˜Ď° WÄ‚ĆŒĹŹĆ? ĂŜĚ ZÄžÄ?ĆŒÄžÄ‚Ć&#x;ŽŜ Reserved ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ´ĎŹ DĂƉƉĹ?ĹśĹ? ĂŜĚ DŽŜƾžĞŜƚĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ´ĎŹÍ˜Ď­ DĂƉƉĹ?ĹśĹ? ĂŜĚ DŽŜƾžĞŜƚĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ´ĎŹÍ˜ĎŽ DŽŜƾžĞŜƚĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ´ĎŹÍ˜ĎŻ Ć?Ͳ ĆľĹ?ĹŻĆš ĆŒÄ‚Ç Ĺ?ĹśĹ?Ć?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŹĎ´ĎŹÍ˜Ď° WůŽƚ WĹŻÄ‚ĹśĆ?

Reserved

ʹ͡ǤͲ͜nj ǥ ǥ ǥ

Reserved

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎŹĎŹ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď­ĎŹ ^ĆšĆŒÄžÄžĆšĆ?Í• ^Ĺ?ÄšÄžÇ Ä‚ĹŻĹŹĆ?Í• ĂŜĚ dĆŒÄ‚Ĺ?ĹŻĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď­ĎŹÍ˜Ď­ 'ÄžĹśÄžĆŒÄ‚ĹŻ ÄžĆ?Ĺ?Ĺ?Ĺś WĆŒĹ?ĹśÄ?Ĺ?ƉůĞĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď­ĎŹÍ˜ĎŽ ^ĆšĆŒÄžÄžĆš ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď­ĎŹÍ˜ĎŻ WÄžĆŒÄ¨Ĺ˝ĆŒĹľÄ‚ĹśÄ?Äž ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď­ĎŹÍ˜Ď° WĆŒĹ?ǀĂƚĞ ^ĆšĆŒÄžÄžĆšĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď­ĎŹÍ˜Ďą ƾůͲĚĞͲ^Ä‚Ä?Ć? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď­ĎŹÍ˜Ď˛ ůůĞLJĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď­ĎŹÍ˜Ďł 'ÄžĹ˝ĹľÄžĆšĆŒĹ?Ä?Ć? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď­ĎŹÍ˜Ď´ ^Ĺ?Ĺ?Śƚ Ĺ?Ć?ƚĂŜÄ?Äž ZĞƋƾĹ?ĆŒÄžĹľÄžĹśĆšĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď­ĎŹÍ˜Ďľ DĞĚĹ?Ä‚ĹśĆ? ĂŜĚ ĹśĆšĆŒÄ‚ĹśÄ?Äž tĂLJĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď­ĎŹÍ˜Ď­ĎŹ ^Ĺ?ÄšÄžÇ Ä‚ĹŻĹŹĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď­ĎŹÍ˜Ď­Ď­ ĆľĆŒÄ?Ć? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď­ĎŹÍ˜Ď­ĎŽ Ĺ?Ä?LJÄ?ĹŻÄž ZŽƾƚĞĆ?Í• >ĂŜĞĆ?Í• WĂƚŚĆ?Í• ĂŜĚ dĆŒÄ‚Ĺ?ĹŻĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď­ĎŹÍ˜Ď­ĎŻ ^ĆšĆŒÄžÄžĆš >Ĺ?Ĺ?ĹšĆ&#x;ĹśĹ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď­ĎŹÍ˜Ď­Ď° dĆŒÄ‚Ä¸Ä? Ĺ˝ĹśĆšĆŒĹ˝ĹŻ ĞǀĹ?Ä?ÄžĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď­ĎŹÍ˜Ď­Ďą ZĹ?Ĺ?ŚƚͲŽĨͲtĂLJ DÄ‚Ĺ?ŜƚĞŜĂŜÄ?Äž ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎŽĎŹ hĆ&#x;ĹŻĹ?Ć&#x;ÄžĆ?

Reserved ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎŽĎŹÍ˜Ď­ >Ĺ˝Ä?Ä‚Ć&#x;ŽŜ ŽĨ hĆ&#x;ĹŻĹ?Ć&#x;ÄžĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎŽĎŹÍ˜ĎŽ tÄ‚ĆšÄžĆŒ ^ƾƉƉůLJ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎŽĎŹÍ˜ĎŻ tÄ‚Ć?ĆšÄžÇ Ä‚ĆšÄžĆŒ ^LJĆ?ƚĞž ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎŽĎŹÍ˜Ď° &Ĺ?ĆŒÄž WĆŒĹ˝ĆšÄžÄ?Ć&#x;ŽŜ ʹ͡ǤͲ͜nj

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎŻĎŹ WĆľĆŒĆ‰Ĺ˝Ć?Äž ĂŜĚ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď°ĎŹ ĆŒÄ‚Ĺ?ŜĂĹ?Äž ^LJĆ?ƚĞž Reserved ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎąĎŹ ĆŒÄ‚Ĺ?ŜĂĹ?Äž WĹŻÄ‚ĹśĆ? ZĞƋƾĹ?ĆŒÄžÄš ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď˛ĎŹ ŽŜĆ&#x;ŜƾĹ?ĹśĹ? DÄ‚Ĺ?ŜƚĞŜĂŜÄ?Äž ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎłĎŹ ^ĆšĹ˝ĆŒĹľÇ Ä‚ĆšÄžĆŒ DĂŜĂĹ?ĞžĞŜƚ ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­Ď´ĎŹ ^ĆšĹ˝ĆŒĹľÇ Ä‚ĆšÄžĆŒ WŽůůƾĆ&#x;ŽŜ WĆŒÄžÇ€ÄžĹśĆ&#x;ŽŜ Reserved ^h , Wd Z ĎŽĎąÍ˜ĎŹĎ°Í˛ &>KK W> /E D E ' D Ed ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹ &ůŽŽĚƉůĂĹ?Ĺś DĂŜĂĹ?ĞžĞŜƚ ĂŜĚ KÇ€ÄžĆŒĹŻÄ‚Ç‡ ŽŜĞĆ?

Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜Ď­ &Ĺ?ŜĚĹ?ĹśĹ?Ć? ŽĨ &Ä‚Ä?Ćš ͳǤ Š‡ Ď?Ž‘‘† Šƒœƒ”† ƒ”‡ƒ• ‘ˆ –Š‡ ‹–› ‘ˆ ‹‘—š ‹–›ǥ ‘™ƒ ƒ”‡ •—„Œ‡…– –‘ ’‡”‹‘†‹… ‹Â?—Â?†ƒ–‹‘Â? ™Š‹…Š can result in loss of life and property and health; and, safety hazards, disruption of commerce and ‰‘˜‡”Â?Â?‡Â?–ƒŽ Â•Â‡Â”Â˜Â‹Â…Â‡Â•ÇĄ ‡š–”ƒ‘”†‹Â?ƒ”› ’—„Ž‹… ‡š’‡Â?†‹–—”‡• ˆ‘” Ď?Ž‘‘† ’”‘–‡…–‹‘Â? ƒÂ?† Â”Â‡ÂŽÂ‹Â‡ÂˆÇĄ ƒÂ?† ‹Â?pairment of the tax base; all of which adversely affect the health, safety, and general welfare of the community.

2. These losses, hazards and related adverse effects are caused by ƒǤ Š‡ ‘……—’ƒÂ?…› ‘ˆ Ď?Ž‘‘† Šƒœƒ”† ƒ”‡ƒ• „› —•‡• ˜—ŽÂ?‡”ƒ„Ž‡ –‘ Ď?Ž‘‘† †ƒÂ?ƒ‰‡• ™Š‹…Š …”‡ƒ–‡ hazardous conditions as a result of being inadequately elevated or otherwise pro–‡…–‡† ˆ”‘Â? Ď?Ž‘‘† ƒÂ?† „Ǥ Š‡ …—Â?—Žƒ–‹˜‡ ‡ˆˆ‡…– ‘ˆ Ď?Ž‘‘† ’Žƒ‹Â? …‘Â?•–”—…–‹‘Â? ‘Â? Ď?Ž‘‘† Ď?Ž‘™•ǥ ™Š‹…Š …ƒ—•‡• ‹Â?…”‡ƒ•‡• ‹Â? Ď?Ž‘‘† Š‡‹‰Š–• ƒÂ?† Ď?Ž‘‘† ™ƒ–‡” ˜‡Ž‘…‹–‹‡•Ǥ ;Ǥ Š‹• …Šƒ’–‡” ”‡Ž‹‡• —’‘Â? ‡Â?‰‹Â?‡‡”‹Â?‰ Â?‡–Š‘†‘Ž‘‰› ˆ‘” ƒÂ?ƒŽ›œ‹Â?‰ Ď?Ž‘‘† Šƒœƒ”†• ™Š‹…Š ‹• …‘Â?sistent with the standards established by the Department of Natural Resources. This methodology consists of a series of interrelated steps including: ƒǤ ‡–‡”Â?‹Â?ƒ–‹‘Â? ‘ˆ Ď?Ž‘‘† Â?ƒ‰Â?‹–—†‡• ƒÂ?† –Š‡ …‘””‡•’‘Â?†‹Â?‰ Ď?Ž‘‘† ˆ”‡“—‡Â?…‹‡• „› •–ƒ–‹•–‹…ƒŽ ƒÂ?† ‡Â?‰‹Â?‡‡”‹Â?‰ …ƒŽ…—Žƒ–‹‘Â?• ™Š‹…Š ’‡”Â?‹–• ƒ …‘Â?•‹†‡”ƒ–‹‘Â? ‘ˆ •—…Š Ď?Ž‘‘† ˆƒ…–‘”• as expected frequency of occurrence, area inundated, and depth of inundation. „Ǥ ƒŽ…—Žƒ–‹‘Â? ‘ˆ ™ƒ–‡” •—”ˆƒ…‡ ’”‘Ď?‹Ž‡• „ƒ•‡† —’‘Â? ƒ Š›†”ƒ—Ž‹… ‡Â?‰‹Â?‡‡”‹Â?‰ ƒÂ?ƒŽ›•‹• ‘ˆ –Š‡ …ƒ’ƒ„‹Ž‹–› ‘ˆ –Š‡ •–”‡ƒÂ? …ŠƒÂ?Â?‡Ž ƒÂ?† ‘˜‡”„ƒÂ?Â? ƒ”‡ƒ• –‘ …‘Â?˜‡› Ď?Ž‘‘† Ď?Ž‘™•Ǥ …Ǥ ‘Â?’—–ƒ–‹‘Â? ƒÂ?† †‡Ž‹Â?‡ƒ–‹‘Â? ‘ˆ ƒ Ď?ÂŽÂ‘Â‘Â†Â™ÂƒÂ›ÇĄ ƒÂ? ƒ”‡ƒ ™Š‹…Š Â?—•– „‡ ”‡•‡”˜‡† Č‹Â?‘ ‘„•–”—…–‹‘Â?Â•ČŒ ˆ‘” …‘Â?˜‡›ƒÂ?…‡ ‘ˆ Ď?Ž‘‘† Ď?Ž‘™• •‘ –Šƒ– Ď?Ž‘‘† Š‡‹‰Š–• ƒÂ?† ˜‡Ž‘…‹–‹‡• ™‹ŽŽ Â?‘– „‡ •—„•–ƒÂ?–‹ƒŽŽ› ‹Â?…”‡ƒ•‡† „› ˆ—–—”‡ ‡Â?…”‘ƒ…ŠÂ?‡Â?– ‘Â? –Š‡ Ď?Ž‘‘† ’Žƒ‹Â?Ǥ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜ĎŽ WĆľĆŒĆ‰Ĺ˝Ć?Äž It is the purpose of this chapter to protect and preserve the rights, privileges and property of the city of Sioux City and its residents and to preserve and improve the peace, safety, health, welfare ƒÂ?† …‘Â?ˆ‘”– ƒÂ?† …‘Â?˜‡Â?‹‡Â?…‡ „› Â?‹Â?‹Â?‹œ‹Â?‰ –Š‘•‡ Ď?Ž‘‘† Ž‘••‡• †‡•…”‹„‡† ‹Â? —„•‡…–‹‘Â? 25.04.19.1 with provisions designed to: ͳǤ ‡•‡”˜‡ •—ˆĎ?‹…‹‡Â?– Ď?Ž‘‘† ’Žƒ‹Â? ƒ”‡ƒ ˆ‘” –Š‡ …‘Â?˜‡›ƒÂ?…‡ ‘ˆ Ď?Ž‘‘† Ď?Ž‘™• •‘ –Šƒ– Ď?Ž‘‘† Š‡‹‰Š–• ƒÂ?† velocities will not be increased substantially. ʹǤ ‡•–”‹…– ‘” ’”‘Š‹„‹– —•‡• ™Š‹…Š ƒ”‡ †ƒÂ?‰‡”‘—• –‘ ÂŠÂ‡ÂƒÂŽÂ–ÂŠÇĄ •ƒˆ‡–› ‘” ’”‘’‡”–› ‹Â? –‹Â?‡• ‘ˆ Ď?Ž‘‘† ‘” ™Š‹…Š …ƒ—•‡ ‡š…‡••‹˜‡ ‹Â?…”‡ƒ•‡• ‹Â? Ď?Ž‘‘† Š‡‹‰Š–• ‘” ˜‡Ž‘…‹–‹‡•Ǥ ;Ǥ ‡“—‹”‡ –Šƒ– —•‡• ˜—ŽÂ?‡”ƒ„Ž‡ –‘ Ď?Ž‘‘†•ǥ ‹Â?…Ž—†‹Â?‰ ’—„Ž‹… —–‹Ž‹–‹‡• ™Š‹…Š •‡”˜‡ •—…Š —•‡•ǥ „‡ ’”‘–‡…–‡† ƒ‰ƒ‹Â?•– Ď?Ž‘‘† †ƒÂ?ƒ‰‡ ƒ– –Š‡ –‹Â?‡ ‘ˆ ‹Â?‹–‹ƒŽ …‘Â?•–”—…–‹‘Â?Ǥ 4. Protect individuals from buying lands which are unsuited for intended purposes because of Ď?Ž‘‘† Šƒœƒ”†Ǥ ͡Ǥ ••—”‡ –Šƒ– ‡Ž‹‰‹„‹Ž‹–› ‹• Â?ƒ‹Â?–ƒ‹Â?‡† ˆ‘” ’”‘’‡”–› ‘™Â?‡”• ‹Â? –Š‡ …‘Â?Â?—Â?‹–› –‘ ’—”…Šƒ•‡ Ď?Ž‘‘† insurance through the National Flood Insurance Program. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜ĎŻ >ĂŜĚĆ? ƚŽ tĹšĹ?Ä?Ĺš ĹšÄ‚Ć‰ĆšÄžĆŒ ƉƉůĹ?ÄžĆ?

This chapter shall apply to all lands within the zoning jurisdiction of the City of Sioux City shown ‘Â? –Š‡ ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ ƒ’ ĥ „‡‹Â?‰ ™‹–Š‹Â? –Š‡ „‘—Â?†ƒ”‹‡• ‘ˆ –Š‡ ÂŽÂ‘Â‘Â†Â™ÂƒÂ›ÇĄ Ž‘‘†™ƒ› ”‹Â?‰‡ǥ ‡Â?eral Floodplain, and Shallow Flooding Districts and as shown on the Flood Boundary and Floodway ƒ’ –‘ „‡ ™‹–Š‹Â? –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† „‘—Â?†ƒ”‹‡•Ǥ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜Ď° KĸÄ?Ĺ?Ä‚ĹŻ &ůŽŽĚ WĹŻÄ‚Ĺ?Ĺś ŽŜĹ?ĹśĹ? DĂƉ The Flood Insurance Rate Maps for Woodbury County and Incorporated Areas, City of Sioux City, Panels 19193C0011D, 0012D, 0014D, 0016D, 0017D, 0018D, 0025D, 0039D, 0050D, 0176D, 0177D, 0181D, 0184D, 0191D, 0192D, 0193D, 0194D, 0202D, 0203D, 0204D, 0211D, 0212D, 0213D, dated September 29, 2011 and Panels 19193C0013E, 0019E, 0036E, 0037E, 0038E, 0182E, 0201E dated ƒÂ?† ‡ˆˆ‡…–‹˜‡ ƒ”…Š Í´ÇĄ ʹͲͳ͡ ƒ”‡ Š‡”‡„› ƒ†‘’–‡† „› ”‡ˆ‡”‡Â?…‡ ƒÂ?† †‡…Žƒ”‡† –‘ „‡ –Š‡ ˆĎ?‹…‹ƒŽ Ž‘‘† Žƒ‹Â? ‘Â?‹Â?‰ ƒ’Ǥ Š‡ Ď?Ž‘‘† ’”‘Ď?‹Ž‡• ƒÂ?† ƒŽŽ ‡š’ŽƒÂ?ƒ–‘”› Â?ƒ–‡”‹ƒŽ …‘Â?–ƒ‹Â?‡† ™‹–Š –Š‡ ‘‘†„—”› County Flood Insurance Study are also declared to be a part of this ordinance.

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎŻÍ˜Ď­ĎľĎŹÍ˜Ďł EÄžĹ?Ĺ?ĹšÄ?Ĺ˝ĆŒĹšĹ˝Ĺ˝Äš ŽŜĆ?ÄžĆŒÇ€Ä‚Ć&#x;ŽŜ ÄžĆ?Ĺ?Ĺ?Ĺś ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜Ďą ZƾůĞĆ? Ä¨Ĺ˝ĆŒ /ĹśĆšÄžĆŒĆ‰ĆŒÄžĆšÄ‚Ć&#x;ŽŜ ŽĨ Ĺ?Ć?ĆšĆŒĹ?Ä?Ćš Ĺ˝ĆľĹśÄšÄ‚ĆŒĹ?ÄžĆ?

1. PurposeǤ Š‡ ’—”’‘•‡ ‘ˆ –Š‡•‡ †‡•‹‰Â? •–ƒÂ?†ƒ”†• ‹• –‘ ‡Â?•—”‡ –Šƒ– ‹Â?Ď?‹ŽŽ †‡˜‡Ž‘’Â?‡Â?–ǥ redevelopment, substantial alterations, or substantial improvement of properties within the neighborhood conservation sub-districts is compatible in scale and consistent in design with adjacent and nearby buildings so as to preserve the character of the neighborhood.

2. Application. This Code includes standards to conserve the character of existing neighborhoods –‘ ‡Â?•—”‡ –Šƒ– ‹Â?Ď?‹ŽŽǥ Â”Â‡Â†Â‡Â˜Â‡ÂŽÂ‘Â’Â‡Â†ÇĄ ‘” •—„•–ƒÂ?–‹ƒŽŽ› ƒŽ–‡”‡† ‘” ‹Â?’”‘˜‡† —Â?‹–• ƒ”‡ ‰‡Â?‡”ƒŽŽ› …‘Â?•‹•tent with the orientation, scale, and form of other similar dwellings in the neighborhood. This is to protect the value and integrity of the neighborhood and to preserve the value and enjoyment of adjacent properties. The standards of this Item apply to the Neighborhood Conservation (NC) sub-districts set out in Section 25.02.040, Zoning Districts, and the standards set out in Section 25.03.020, Standards for Established Neighborhoods.

3. Design Standards. The following standards shall be used for the review, approval, and then construction on vacant lots, or for reconstruction or substantial alteration or improvement of dilapidated, deteriorated, or obsolete dwelling units in blighted neighborhoods. a. UseǤ Š‡ ŽƒÂ?† —•‡ ‘ˆ –Š‡ ‹Â?Ď?‹ŽŽ —Â?‹– •ŠƒŽŽ …‘Â?ˆ‘”Â? –‘ –Š‡ ”‡“—‹”‡Â?‡Â?–• ‘ˆ –Š‡ ‡‹‰Š„‘”hood Conservation (NC) sub-district, as set out in Table 25.02.100.1, Land Uses in the Neighborhood Conservation Sub-Districts. b. Setbacks. Setbacks within a Neighborhood Conservation sub-district shall comply with Table 25.03.020.3, Existing Neighborhood Lot and Building Standards, or the standards set out in Subsection 25.03.02.4, Alternative Standards. c. ”‹‡Â?–ƒ–‹‘Â?Ǥ Š‡ ‹Â?ϔ‹ŽŽǥ Â”Â‡Â†Â‡Â˜Â‡ÂŽÂ‘Â’Â‡Â†ÇĄ ‘” •—„•–ƒÂ?–‹ƒŽŽ› ƒŽ–‡”‡† ‘” ‹Â?’”‘˜‡† —Â?‹– •ŠƒŽŽ „‡ ‘”‹ented in the same direction and manner as the adjacent dwelling units on the block face for which the lot is part or within 300 feet on either side of the unit. For the purposes of this requirement, the primary entrance and windows shall face the street with the lesser lot dimension. (See Section 25.03.140, Single-Family, Duplex, Twin Home, and Townhome Design Standards) d. Massing and Form. The general shape, three-dimensional forms, and articulated eleÂ?‡Â?–• ‘ˆ –Š‡ ‹Â?Ď?‹ŽŽǥ Â”Â‡Â†Â‡Â˜Â‡ÂŽÂ‘Â’Â‡Â†ÇĄ ‘” •—„•–ƒÂ?–‹ƒŽŽ› ƒŽ–‡”‡† ‘” ‹Â?’”‘˜‡† —Â?‹– •ŠƒŽŽ „‡ generally cohesive with the style and design of the dwelling units on the block face and the immediate neighborhood. e. HeightǤ Š‡ Â?—Â?„‡” ‘ˆ •–‘”‹‡• ƒÂ?† ‘˜‡”ƒŽŽ Š‡‹‰Š– ‘ˆ –Š‡ ‹Â?Ď?‹ŽŽǥ Â”Â‡Â†Â‡Â˜Â‡ÂŽÂ‘Â’Â‡Â†ÇĄ ‘” •—„•–ƒÂ?–‹ƒŽly altered or improved unit shall be consistent with the prevailing building heights on the block face and in the immediate neighborhood. f. ScaleǤ Š‡ •“—ƒ”‡ ˆ‘‘–ƒ‰‡ ‘ˆ –Š‡ ‹Â?Ď?‹ŽŽǥ Â”Â‡Â†Â‡Â˜Â‡ÂŽÂ‘Â’Â‡Â†ÇĄ ‘” •—„•–ƒÂ?–‹ƒŽŽ› ƒŽ–‡”‡† ‘” ‹Â?’”‘˜‡† unit shall be no less than 80 percent and no greater than 120 percent of the dwell‹Â?‰ —Â?‹–• ‘Â? –Š‡ „Ž‘…Â? ˆƒ…‡ ˆ‘” ™Š‹…Š –Š‡ ‹Â?Ď?‹ŽŽ Ž‘– ‹• ’ƒ”–Ǥ

Š‡ „‘—Â?†ƒ”‹‡• ‘ˆ –Š‡ œ‘Â?‹Â?‰ †‹•–”‹…– •ŠƒŽŽ „‡ †‡–‡”Â?‹Â?‡† „› •…ƒŽ‹Â?‰ †‹•–ƒÂ?…‡• ‘Â? –Š‡ ˆĎ?‹…‹ƒŽ Ž‘‘† Plain Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the †‹•–”‹…– ĥ •Š‘™Â? ‘Â? –Š‡ ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ ƒ’ –Š‡ ‘Â?‹Â?‰ †Â?‹Â?‹•–”ƒ–‘” •ŠƒŽŽ Â?ƒÂ?‡ –Š‡ Â?‡…‡••ƒ”› ‹Â?terpretation. The person contesting the location of the district boundary shall be given a reasonable opportunity to present their case and submit technical evidence. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜Ď˛ ŽžƉůĹ?Ä‚ĹśÄ?Äž No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜Ďł Ä?ĆŒĹ˝Ĺ?Ä‚Ć&#x;ŽŜ ĂŜĚ 'ĆŒÄžÄ‚ĆšÄžĆŒ ZÄžĆ?ĆšĆŒĹ?Ä?Ć&#x;ŽŜĆ?͘ It is not intended by this chapter to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provision of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜Ď´ /ĹśĆšÄžĆŒĆ‰ĆŒÄžĆšÄ‚Ć&#x;ŽŜ In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State statutes. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜Ďľ tÄ‚ĆŒĹśĹ?ĹśĹ? ĂŜĚ Ĺ?Ć?Ä?ĹŻÄ‚Ĺ?ĹľÄžĆŒ ŽĨ >Ĺ?Ä‚Ä?Ĺ?ĹŻĹ?ƚLJ Š‡ †‡‰”‡‡ ‘ˆ Ď?Ž‘‘† ’”‘–‡…–‹‘Â? ”‡“—‹”‡† „› –Š‹• …Šƒ’–‡” ‹• …‘Â?•‹†‡”‡† ”‡ƒ•‘Â?ƒ„Ž‡ ˆ‘” ”‡‰—Žƒ–‘”› ’—”’‘•‡• ƒÂ?† ‹• „ƒ•‡† ‘Â? ‡Â?‰‹Â?‡‡”‹Â?‰ ƒÂ?† •…‹‡Â?–‹Ď?‹… Â?‡–Š‘†• ‘ˆ •–—†›Ǥ ƒ”‰‡” Ď?Ž‘‘†• Â?ƒ› ‘……—” ‘Â? ”ƒ”‡ occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and „”‹†‰‡ ‘’‡Â?‹Â?‰• ”‡•–”‹…–‡† „› †‡„”‹•Ǥ Š‹• ‘”†‹Â?ƒÂ?…‡ †‘‡• Â?‘– ‹Â?’Ž› –Šƒ– ƒ”‡ƒ• ‘—–•‹†‡ –Š‡ Ď?Ž‘‘† ’Žƒ‹Â? †‹•–”‹…–• ‘” ŽƒÂ?† —•‡• ’‡”Â?‹––‡† ™‹–Š‹Â? •—…Š †‹•–”‹…–• ™‹ŽŽ „‡ ˆ”‡‡ ˆ”‘Â? Ď?Ž‘‘†‹Â?‰ ‘” Ď?Ž‘‘† †ƒÂ?ƒ‰‡•Ǥ Š‹• ‘”†‹Â?ƒÂ?…‡ •ŠƒŽŽ Â?‘– …”‡ƒ–‡ Ž‹ƒ„‹Ž‹–› ‘Â? –Š‡ ’ƒ”– ‘ˆ –Š‡ ‹–› ‘ˆ ‹‘—š ‹–›ǥ ‘™ƒ ‘” ƒÂ?› ‘ˆĎ?‹…‡” ‘” ‡Â?’Ž‘›‡‡ –Š‡”‡‘ˆ ˆ‘” ƒÂ?› Ď?Ž‘‘† †ƒÂ?ƒ‰‡• –Šƒ– ”‡•—Ž– ˆ”‘Â? ”‡Ž‹ƒÂ?…‡ ‘Â? –Š‹• ‘”†‹Â?ƒÂ?…‡ ‘” ƒÂ?› ĠÂ?‹Â?istrative decision lawfully made thereunder. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜Ď­ĎŹ Ć?ƚĂÄ?ĹŻĹ?Ć?ŚžĞŜƚ ŽĨ ŽŜĹ?ĹśĹ? Ĺ?Ć?ĆšĆŒĹ?Ä?ĆšĆ? Š‡ Ď?Ž‘‘† ’Žƒ‹Â? ƒ”‡ƒ• ™‹–Š‹Â? –Š‡ Œ—”‹•†‹…–‹‘Â? ‘ˆ –Š‹• …Šƒ’–‡” ƒ”‡ Š‡”‡„› †‹˜‹†‡† ‹Â?–‘ –Š‡ ˆ‘ŽŽ‘™‹Â?‰ districts:

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SUNDAY, FEBRUARY 1, 2015

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1. Floodway Overlay District. The Floodway District shall be consistent with the boundaries of the Ď?Ž‘‘†™ƒ› ĥ •Š‘™Â? ‘Â? –Š‡ ˆĎ?‹…‹ƒŽ Ž‘‘† Žƒ‹Â? ‘Â?‹Â?‰ ƒ’Ǥ 2. Floodway Fringe Overlay District. The Floodway Fringe District shall be those areas shown as Ď?Ž‘‘†™ƒ› ˆ”‹Â?‰‡ ‘Â? –Š‡ ˆĎ?‹…‹ƒŽ Ž‘‘† Žƒ‹Â? ‘Â?‹Â?‰ ƒ’Ǥ 3. General Flood Plain Overlay District. The General Flood Plain District shall be those areas shown ‘Â? –Š‡ ˆĎ?‹…‹ƒŽ Ž‘‘† Žƒ‹Â? ‘Â?‹Â?‰ ƒ’ ĥ „‡‹Â?‰ ™‹–Š‹Â? –Š‡ ƒ’’”‘š‹Â?ƒ–‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† „‘—Â?†ƒ”›Ǥ 4. Shallow Flooding Overlay Districts. The Shallow Flooding Districts shall be those areas shown ‘Â? –Š‡ ˆĎ?‹…‹ƒŽ Ž‘‘† Žƒ‹Â? ‘Â?‹Â?‰ ƒ’ ĥ „‡‹Â?‰ ™‹–Š‹Â? –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† „‘—Â?†ƒ”› ƒÂ?† ‹†‡Â?–‹Ď?‹‡† on the Flood Insurance Rate Map as an AO Zone and AH Zone. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜Ď­ĎŹÍ˜1ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ Within these districts all uses not allowed as permitted uses or permissible as conditional uses are prohibited unless a variance to the term of this ordinance is granted after due consideration by the Board of Adjustment. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜Ď­Ď­ &ĹŻĹ˝Ĺ˝ÄšÇ Ä‚Ç‡ KÇ€ÄžĆŒĹŻÄ‚Ç‡ Ĺ?Ć?ĆšĆŒĹ?Ä?Ćš Íž&tÍż 1. Permitted Uses. The following uses shall be permitted within the Floodway District to the extent they are not prohibited by any other ordinance or by the underlying zoning district and provided –Š‡› †‘ Â?‘– ‹Â?…Ž—†‡ ’Žƒ…‡Â?‡Â?– ‘ˆ •–”—…–—”‡•ǥ ÂˆÂƒÂ…Â–Â‘Â”Â›ÇŚÂ„Â—Â‹ÂŽÂ– Š‘Â?‡•ǥ Ď?‹ŽŽ ‘” ‘–Š‡” ‘„•–”—…–‹‘Â?ÇĄ –Š‡ •–‘”age of materials or equipment, excavation, or alteration of a watercourse. a. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting. b. Industrial-commercial uses such as loading areas, parking areas, airport landing strips. c. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, ™‹Ž†Ž‹ˆ‡ ƒÂ?† Â?ƒ–—”‡ Â’Â”Â‡Â•Â‡Â”Â˜Â‡Â•ÇĄ ‰ƒÂ?‡ ˆƒ”Â?•ǥ Ď?‹•Š ÂŠÂƒÂ–Â…ÂŠÂ‡Â”Â‹Â‡Â•ÇĄ •Š‘‘–‹Â?‰ Â’Â”Â‡Â•Â‡Â”Â˜Â‡Â•ÇĄ –ƒ”‰‡– ”ƒÂ?‰‡•ǥ –”ƒ’ ƒÂ?† •Â?‡‡– ”ƒÂ?‰‡•ǥ Š—Â?–‹Â?‰ ƒÂ?† Ď?‹•Š‹Â?‰ ÂƒÂ”Â‡ÂƒÂ•ÇĄ Š‹Â?‹Â?‰ Â–Â”ÂƒÂ‹ÂŽÂ•ÇĄ „‹Â?‹Â?‰ trails, and horseback riding trails. d. Residential uses such as lawns, gardens, parking areas and play areas. e. Such other open-space uses similar in nature to the above uses. ʹǤ ‘Â?†‹–‹‘Â?ƒŽ •‡•Ǥ Š‡ ˆ‘ŽŽ‘™‹Â?‰ —•‡• ™Š‹…Š ‹Â?˜‘Ž˜‡ •–”—…–—”‡• ȋ–‡Â?’‘”ƒ”› ‘” ’‡”Â?ƒÂ?‡Â?Â–ČŒÇĄ Ď?‹ŽŽǥ storage of materials or equipment may be permitted only upon issuance of a Conditional Use Permit by the Board of Adjustment as provided for in Subsection 25.04.19.15. Such uses must also meet the applicable provisions of the Floodway District Performance Standards. a. Uses or structures accessory to open-space uses. b. Circuses, carnivals, and similar transient amusement enterprises. c. Drive-in theaters, new and used car lots, roadside stands, signs, and billboards. d. Extraction of sands, gravel, and other materials. e. Marinas, boat rentals, docks, piers, wharves. f. Utility transmission lines, underground pipelines. g. Other uses similar in nature to uses described in Subsection 25.04.190.11-A or B which are consistent with the provisions of Subsection 25.04.190.11-C and the general spirit and purpose of this chapter.

3. Performance Standards. All Floodway District uses allowed as a permitted or conditional use shall meet the following standards: a. No use shall be permitted in the Floodway District that would result in any increase in –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† Ž‡˜‡ŽǤ ‘Â?•‹†‡”ƒ–‹‘Â? ‘ˆ –Š‡ ‡ˆˆ‡…–• ‘ˆ ƒÂ?› †‡˜‡Ž‘’Â?‡Â?– ‘Â? Ď?Ž‘‘† levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. b. All uses within the Floodway District shall: ͳǤ ‡ …‘Â?•‹•–‡Â?– ™‹–Š –Š‡ Â?‡‡† –‘ Â?‹Â?‹Â?‹œ‡ Ď?Ž‘‘† †ƒÂ?ƒ‰‡Ǥ ʹǤ •‡ …‘Â?•–”—…–‹‘Â? Â?‡–Š‘†• ƒÂ?† ’”ƒ…–‹…‡• –Šƒ– ™‹ŽŽ Â?‹Â?‹Â?‹œ‡ Ď?Ž‘‘† †ƒÂ?ƒ‰‡Ǥ ;Ǥ •‡ …‘Â?•–”—…–‹‘Â? Â?ƒ–‡”‹ƒŽ• ƒÂ?† —–‹Ž‹–› ‡“—‹’Â?‡Â?– –Šƒ– ƒ”‡ ”‡•‹•–ƒÂ?– –‘ Ď?Ž‘‘† damage. …Ǥ ‘ —•‡ •ŠƒŽŽ ƒˆˆ‡…– –Š‡ …ƒ’ƒ…‹–› ‘” …‘Â?˜‡›ƒÂ?…‡ ‘ˆ –Š‡ …ŠƒÂ?Â?‡Ž ‘” Ď?Ž‘‘†™ƒ› ‘” ƒÂ?› –”‹„—tary to the main stream, drainage ditch, or any other drainage facility or system. d. Structures, buildings and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe District and shall be con•–”—…–‡† ‘” ƒŽ‹‰Â?‡† –‘ ’”‡•‡Â?– –Š‡ Â?‹Â?‹Â?—Â? ’‘••‹„Ž‡ ”‡•‹•–ƒÂ?…‡ –‘ Ď?Ž‘‘† Ď?Ž‘™•Ǥ ‡Ǥ —‹Ž†‹Â?‰•ǥ ‹ˆ ’‡”Â?‹––‡†ǥ •ŠƒŽŽ Šƒ˜‡ ƒ Ž‘™ Ď?Ž‘‘† †ƒÂ?ƒ‰‡ ’‘–‡Â?–‹ƒŽ ƒÂ?† •ŠƒŽŽ Â?‘– „‡ ˆ‘” Š—man habitation. ˆǤ –‘”ƒ‰‡ ‘ˆ Â?ƒ–‡”‹ƒŽ• ‘” ‡“—‹’Â?‡Â?– –Šƒ– ƒ”‡ „—‘›ƒÂ?–ǥ Ď?ŽƒÂ?Â?ÂƒÂ„ÂŽÂ‡ÇĄ ‡š’Ž‘•‹˜‡ ‘” ‹Â?Œ—”‹‘—• –‘ human, animal or plant life is prohibited. Storage of other material may be allowed ‹ˆ ”‡ƒ†‹Ž› ”‡Â?‘˜ƒ„Ž‡ ˆ”‘Â? –Š‡ Ž‘‘†™ƒ› ‹•–”‹…– ™‹–Š‹Â? –Š‡ –‹Â?‡ ƒ˜ƒ‹Žƒ„Ž‡ ƒˆ–‡” Ď?Ž‘‘† warning. ‰Ǥ ƒ–‡”…‘—”•‡ ƒŽ–‡”ƒ–‹‘Â?• ‘” ”‡Ž‘…ƒ–‹‘Â?• Č‹Â…ÂŠÂƒÂ?Â?‡Ž …ŠƒÂ?‰‡• ƒÂ?† Â?‘†‹Ď?‹…ƒ–‹‘Â?Â•ČŒ Â?—•– „‡ †‡•‹‰Â?‡† –‘ Â?ƒ‹Â?–ƒ‹Â? –Š‡ Ď?Ž‘‘† …ƒ””›‹Â?‰ …ƒ’ƒ…‹–› ™‹–Š‹Â? –Š‡ ƒŽ–‡”‡† ‘” ”‡Ž‘…ƒ–‡† portion. In addition, such alterations or relocations must be approved by the Iowa Department of Natural Resources. ŠǤ Â?› Ď?‹ŽŽ ƒŽŽ‘™‡† ‹Â? –Š‡ Ď?Ž‘‘†™ƒ› Â?—•– „‡ •Š‘™Â? –‘ Šƒ˜‡ •‘Â?‡ „‡Â?‡Ď?‹…‹ƒŽ ’—”’‘•‡ ƒÂ?† shall be limited to the minimum amount necessary. i. Pipeline river or stream crossings shall be buried in the streambed and banks or oth‡”™‹•‡ •—ˆĎ?‹…‹‡Â?–Ž› ’”‘–‡…–‡† –‘ ’”‡˜‡Â?– ”—’–—”‡ †—‡ –‘ …ŠƒÂ?Â?‡Ž †‡‰”ƒ†ƒ–‹‘Â? ƒÂ?† Â?‡ƒÂ?†‡”‹Â?‰ ‘” †—‡ –‘ –Š‡ ƒ…–‹‘Â? ‘ˆ –Š‡ Ď?Ž‘‘† Ď?Ž‘™•Ǥ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜Ď­ĎŽ &ĹŻĹ˝Ĺ˝ÄšÇ Ä‚Ç‡ &ĆŒĹ?ĹśĹ?Äž KÇ€ÄžĆŒĹŻÄ‚Ç‡ Ĺ?Ć?ĆšĆŒĹ?Ä?Ćš Íž&&Íż 1. Permitted Uses. All uses within the Floodway Fringe District shall be permitted to the extent that they are not prohibited by any other ordinance or by the underlying zoning district and provided they meet applicable performance standards of the Floodway Fringe District. ʹǤ ‡”ˆ‘”Â?ƒÂ?…‡ –ƒÂ?†ƒ”†•Ǥ ÂŽÂŽ —•‡• Â?—•– „‡ …‘Â?•‹•–‡Â?– ™‹–Š –Š‡ Â?‡‡† –‘ Â?‹Â?‹Â?‹œ‡ Ď?Ž‘‘† †ƒÂ?ƒ‰‡ and shall meet the following applicable performance standards: a. All structures shall be ͳǤ †‡“—ƒ–‡Ž› ƒÂ?…Š‘”‡† –‘ ’”‡˜‡Â?– Ď?Ž‘–ƒ–‹‘Â?ÇĄ …‘ŽŽƒ’•‡ ‘” Žƒ–‡”ƒŽ Â?‘˜‡Â?‡Â?– ‘ˆ the structure, ʹǤ ‘Â?•–”—…–‡† ™‹–Š Â?ƒ–‡”‹ƒŽ• ƒÂ?† —–‹Ž‹–› ‡“—‹’Â?‡Â?– ”‡•‹•–ƒÂ?– –‘ Ď?Ž‘‘† †ƒÂ?age, and ;Ǥ ‘Â?•–”—…–‡† „› Â?‡–Š‘†• ƒÂ?† ’”ƒ…–‹…‡• –Šƒ– Â?‹Â?‹Â?‹œ‡ Ď?Ž‘‘† †ƒÂ?ƒ‰‡Ǥ b. Residential Buildings. All new or substantially improved residential structures shall Šƒ˜‡ –Š‡ Ž‘™‡•– Ď?Ž‘‘”ǥ ‹Â?…Ž—†‹Â?‰ „ƒ•‡Â?‡Â?–•ǥ ‡Ž‡˜ƒ–‡† ƒ Â?‹Â?‹Â?—Â? ‘ˆ ‘Â?‡ ˆ‘‘– ƒ„‘˜‡ –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† Ž‡˜‡ŽǤ ‘Â?•–”—…–‹‘Â? •ŠƒŽŽ „‡ —’‘Â? …‘Â?’ƒ…–‡† Ď?‹ŽŽ ™Š‹…Š Â•ÂŠÂƒÂŽÂŽÇĄ ƒ– ƒŽŽ ’‘‹Â?–•ǥ „‡ Â?‘ Ž‘™‡” –ŠƒÂ? ‘Â?‡ ˆ‘‘– ƒ„‘˜‡ –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† Ž‡˜‡Ž ƒÂ?† ‡š–‡Â?† ƒ– such elevation at least 18 feet beyond the limits of any structure erected thereon.

Alternate methods of elevating (such as piers) may be allowed, subject to favorable consideration by the Board of Adjustment and issuance of a Conditional Use Permit, ™Š‡”‡ ‡š‹•–‹Â?‰ Â–Â‘Â’Â‘Â‰Â”ÂƒÂ’ÂŠÂ›ÇĄ •–”‡‡– Â‰Â”ÂƒÂ†Â‡Â•ÇĄ ‘” ‘–Š‡” ˆƒ…–‘”• ’”‡…Ž—†‡ ‡Ž‡˜ƒ–‹Â?‰ „› Ď?‹ŽŽǤ In such cases, the methods used must be adequate to support the structure as well ĥ ™‹–Š•–ƒÂ?†‹Â?‰ –Š‡ ˜ƒ”‹‘—• ˆ‘”…‡• ƒÂ?† Šƒœƒ”†• ƒ••‘…‹ƒ–‡† ™‹–Š Ď?Ž‘‘†‹Â?‰Ǥ c. Non-Residential Buildings. All new and substantially improved nonresidential buildings •ŠƒŽŽ Šƒ˜‡ –Š‡ Ž‘™‡•– Ď?Ž‘‘” ȋ‹Â?…Ž—†‹Â?‰ „ƒ•‡Â?‡Â?Â–ČŒ ‡Ž‡˜ƒ–‡† ƒ Â?‹Â?‹Â?—Â? ‘ˆ ‘Â?‡ ˆ‘‘– ƒ„‘˜‡ –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† ÂŽÂ‡Â˜Â‡ÂŽÇĄ ‘” –‘‰‡–Š‡” ™‹–Š ƒ––‡Â?†ƒÂ?– —–‹Ž‹–› ƒÂ?† •ƒÂ?‹–ƒ”› •›•–‡Â?•ǥ „‡ Ď?Ž‘‘†’”‘‘ˆ‡† –‘ •—…Š ƒ Ž‡˜‡ŽǤ Š‡Â? Ď?Ž‘‘†’”‘‘Ď?‹Â?‰ ‹• Â—Â–Â‹ÂŽÂ‹ÂœÂ‡Â†ÇĄ ƒ ’”‘ˆ‡••‹‘Â?ƒŽ ‡Â?‰‹Â?‡‡” ‘” ƒ”…Š‹–‡…– ”‡‰‹•–‡”‡† ‹Â? –Š‡ –ƒ–‡ ‘ˆ ‘™ƒ •ŠƒŽŽ …‡”–‹ˆ› –Šƒ– –Š‡ Ď?Ž‘‘†’”‘‘ˆ‹Â?‰ Â?‡–Š‘†• —•‡† ƒ”‡ ƒ†‡“—ƒ–‡ –‘ ™‹–Š•–ƒÂ?† –Š‡ Ď?Ž‘‘† †‡’–Š•ǥ ’”‡••—”‡•ǥ Â˜Â‡ÂŽÂ‘Â…Â‹Â–Â‹Â‡Â•ÇĄ ‹Â?’ƒ…– ƒÂ?† —’Ž‹ˆ– ˆ‘”…‡• ƒÂ?† ‘–Š‡” ˆƒ…–‘”• ƒ••‘…‹ƒ–‡† ™‹–Š –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘†Ǣ ƒÂ?† –Šƒ– –Š‡ •–”—…–—”‡ǥ „‡Ž‘™ –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† ÂŽÂ‡Â˜Â‡ÂŽÇĄ ‹• ™ƒ–‡”–‹‰Š– ™‹–Š ™ƒŽŽ• •—„•–ƒÂ?–‹ƒŽŽ› ‹Â?’‡”Â?‡ƒ„Ž‡ –‘ –Š‡ ’ƒ••ƒ‰‡ ‘ˆ ™ƒ–‡”Ǥ ”‡…‘”† ‘ˆ –Š‡ …‡”–‹Ď?‹…ƒ–‹‘Â? ‹Â?†‹…ƒ–‹Â?‰ –Š‡ •’‡…‹Ď?‹… ‡Ž‡˜ƒ–‹‘Â? ȋ‹Â? ”‡Žƒ–‹‘Â? –‘ ‘”–Š Â?‡”‹…ƒÂ? ‡”–‹…ƒŽ ƒ–—Â?ČŒ –‘ ™Š‹…Š ƒÂ?› •–”—…–—”‡• ƒ”‡ Ď?Ž‘‘†’”‘‘ˆ‡† •ŠƒŽŽ „‡ Â?ƒ‹Â?–ƒ‹Â?‡† „› –Š‡ ‘Â?‹Â?‰ †Â?‹Â?‹•–”ƒ–‘”Ǥ d. All new and substantially improved structures: ͳǤ —ŽŽ› ‡Â?…Ž‘•‡† ƒ”‡ƒ• „‡Ž‘™ –Š‡ DzŽ‘™‡•– Ď?Ž‘‘”dz Č‹Â?‘– ‹Â?…Ž—†‹Â?‰ „ƒ•‡Â?‡Â?Â–Â•ČŒ –Šƒ– ƒ”‡ •—„Œ‡…– –‘ Ď?Ž‘‘†‹Â?‰ •ŠƒŽŽ „‡ †‡•‹‰Â?‡† –‘ ƒ—–‘Â?ƒ–‹…ƒŽŽ› ‡“—ƒŽ‹œ‡ Š›†”‘•–ƒ–‹… Ď?Ž‘‘† ˆ‘”…‡• ‘Â? ‡š–‡”‹‘” ™ƒŽŽ• „› ƒŽŽ‘™‹Â?‰ ˆ‘” –Š‡ ‡Â?–”› ƒÂ?† ‡š‹– ‘ˆ Ď?Ž‘‘†™ƒ–‡”•Ǥ ‡•‹‰Â?• ˆ‘” Â?‡‡–‹Â?‰ –Š‹• ”‡“—‹”‡Â?‡Â?– Â?—•– ‡‹–Š‡” „‡ …‡”–‹Ď?‹‡† by a registered professional engineer or architect or meet or exceed the following minimum criteria: A. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to Ď?Ž‘‘†‹Â?‰ •ŠƒŽŽ „‡ ’”‘˜‹†‡†Ǥ B. The bottom of all openings shall be no higher than one foot above grade.

C. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry ƒÂ?† ‡š‹– ‘ˆ Ď?Ž‘‘†™ƒ–‡”•Ǥ D. Such areas shall be used solely for parking of vehicles, building access and low damage potential storage.

2.

New and substantially improved structures must be designed (or modiĎ?Â‹Â‡Â†ČŒ ƒÂ?† ƒ†‡“—ƒ–‡Ž› ƒÂ?…Š‘”‡† –‘ ’”‡˜‡Â?– Ď?Ž‘–ƒ–‹‘Â?ÇĄ Â…Â‘ÂŽÂŽÂƒÂ’Â•Â‡ÇĄ ‘” Žƒ–‡”ƒŽ movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

3.

New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during condi–‹‘Â?• ‘ˆ Ď?Ž‘‘†‹Â?‰Ǥ e. Factory-built structures: 1.

Factory-built structures including those placed in existing mobile home ’ƒ”Â?• ‘” •—„†‹˜‹•‹‘Â?• •ŠƒŽŽ „‡ ƒÂ?…Š‘”‡† –‘ ”‡•‹•– Ď?Ž‘–ƒ–‹‘Â?ÇĄ Â…Â‘ÂŽÂŽÂƒÂ’Â•Â‡ÇĄ ‘” Žƒ–eral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

2.

Factory-built structures including those placed in existing mobile home parks or subdivisions shall be elevated on a permanent foundation such –Šƒ– –Š‡ Ž‘™‡•– Ď?Ž‘‘” ‘ˆ –Š‡ •–”—…–—”‡ ‹• ƒ Â?‹Â?‹Â?—Â? ‘ˆ ‘Â?‡ ˆ‘‘– ƒ„‘˜‡ –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† Ž‡˜‡ŽǤ f. Utility and Sanitary Systems: 1.

All new and replacement sanitary sewage systems shall be designed to Â?‹Â?‹Â?‹œ‡ ƒÂ?† ‡Ž‹Â?‹Â?ƒ–‡ ‹Â?Ď?‹Ž–”ƒ–‹‘Â? ‘ˆ Ď?Ž‘‘† ™ƒ–‡”• ‹Â?–‘ –Š‡ •›•–‡Â? ĥ ™‡ŽŽ ĥ –Š‡ †‹•…Šƒ”‰‡ ‘ˆ ‡ˆĎ?Ž—‡Â?– ‹Â?–‘ Ď?Ž‘‘† ™ƒ–‡”•Ǥ ƒ•–‡™ƒ–‡” –”‡ƒ–Â?‡Â?– ˆƒ…‹Ž‹–‹‡• •ŠƒŽŽ „‡ ’”‘˜‹†‡† ™‹–Š ƒ Ž‡˜‡Ž ‘ˆ Ď?Ž‘‘† ’”‘–‡…–‹‘Â? ‡“—ƒŽ –‘ ‘” ‰”‡ƒ–‡” –ŠƒÂ? ‘Â?‡ ˆ‘‘– ƒ„‘˜‡ –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† ‡Ž‡˜ƒ–‹‘Â?Ǥ 2.

On-site waste disposal systems shall be located or designed to avoid im’ƒ‹”Â?‡Â?– –‘ –Š‡ •›•–‡Â?• ‘” …‘Â?–ƒÂ?‹Â?ƒ–‹‘Â? ˆ”‘Â? –Š‡ •›•–‡Â?• †—”‹Â?‰ Ď?Ž‘‘†ing.

3.

New or replacement water supply systems shall be designed to minimize ‘” ‡Ž‹Â?‹Â?ƒ–‡ ‹Â?Ď?‹Ž–”ƒ–‹‘Â? ‘ˆ Ď?Ž‘‘† ™ƒ–‡”• ‹Â?–‘ –Š‡ •›•–‡Â?•Ǥ ƒ–‡” •—’’Ž› treatment facilities shall be provided with a level of protection equal to or ‰”‡ƒ–‡” –ŠƒÂ? ‘Â?‡ ˆ‘‘– ƒ„‘˜‡ –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† ‡Ž‡˜ƒ–‹‘Â?Ǥ 4.

Utilities such as gas or electrical systems shall be located and constructed –‘ Â?‹Â?‹Â?‹œ‡ ‘” ‡Ž‹Â?‹Â?ƒ–‡ Ď?Ž‘‘† †ƒÂ?ƒ‰‡ –‘ –Š‡ •›•–‡Â?• ƒÂ?† –Š‡ ”‹•Â? ƒ••‘…‹ƒ–‡† ™‹–Š •—…Š Ď?Ž‘‘† †ƒÂ?ƒ‰‡† ‘” ‹Â?’ƒ‹”‡† •›•–‡Â?•Ǥ ‰Ǥ –‘”ƒ‰‡ ‘ˆ Â?ƒ–‡”‹ƒŽ• ƒÂ?† ‡“—‹’Â?‡Â?– –Šƒ– ƒ”‡ Ď?ŽƒÂ?Â?ÂƒÂ„ÂŽÂ‡ÇĄ ‡š’Ž‘•‹˜‡ ‘” ‹Â?Œ—”‹‘—• –‘ Š—man, animal or plant life is prohibited unless elevated a minimum of one foot above –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† Ž‡˜‡ŽǤ –Š‡” Â?ƒ–‡”‹ƒŽ ƒÂ?† ‡“—‹’Â?‡Â?– Â?—•– ‡‹–Š‡” „‡ •‹Â?‹Žƒ”Ž› elevated or ͳǤ Â?‘– „‡ •—„Œ‡…– –‘ Â?ƒŒ‘” Ď?Ž‘‘† †ƒÂ?ƒ‰‡ ƒÂ?† „‡ ƒÂ?…Š‘”‡† –‘ ’”‡˜‡Â?– Â?‘˜‡Â?‡Â?– †—‡ –‘ Ď?Ž‘‘† ™ƒ–‡”• ‘” ʹǤ „‡ ”‡ƒ†‹Ž› ”‡Â?‘˜ƒ„Ž‡ ˆ”‘Â? –Š‡ ƒ”‡ƒ ™‹–Š‹Â? –Š‡ –‹Â?‡ ƒ˜ƒ‹Žƒ„Ž‡ ƒˆ–‡” Ď?Ž‘‘† warning. ŠǤ Ž‘‘† …‘Â?–”‘Ž •–”—…–—”ƒŽ ™‘”Â?• •—…Š ĥ ÂŽÂ‡Â˜Â‡Â‡Â•ÇĄ Ď?Ž‘‘† Â™ÂƒÂŽÂŽÂ•ÇĄ ‡–…Ǥ •ŠƒŽŽ Â’Â”Â‘Â˜Â‹Â†Â‡ÇĄ ƒ– ƒ Â?‹Â?‹Â?—Â?ÇĄ ’”‘–‡…–‹‘Â? ˆ”‘Â? ƒ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† ™‹–Š ƒ Â?‹Â?‹Â?—Â? ‘ˆ –Š”‡‡ ˆ‡‡– ‘ˆ †‡•‹‰Â? ˆ”‡‡„‘ƒ”† ƒÂ?† •ŠƒŽŽ ’”‘˜‹†‡ ˆ‘” ƒ†‡“—ƒ–‡ ‹Â?–‡”‹‘” †”ƒ‹Â?ƒ‰‡Ǥ Â? ƒ††‹–‹‘Â?ÇĄ •–”—…–—”ƒŽ Ď?Ž‘‘† control works shall be approved by the Iowa Department of Natural Resources. ‹Ǥ ‘ —•‡ •ŠƒŽŽ ƒˆˆ‡…– –Š‡ …ƒ’ƒ…‹–› ‘” …‘Â?˜‡›ƒÂ?…‡ ‘ˆ –Š‡ …ŠƒÂ?Â?‡Ž ‘” Ď?Ž‘‘†™ƒ› ‘ˆ ƒÂ?› –”‹„—–ƒ”› to the main stream, drainage ditch, or other drainage facility or system. j. Subdivisions (including mobile home parks and subdivisions) shall be consistent with –Š‡ Â?‡‡† –‘ Â?‹Â?‹Â?‹œ‡ Ď?Ž‘‘† †ƒÂ?ƒ‰‡• ƒÂ?† •ŠƒŽŽ Šƒ˜‡ ƒ†‡“—ƒ–‡ †”ƒ‹Â?ƒ‰‡ ’”‘˜‹†‡† –‘ ”‡†—…‡ ‡š’‘•—”‡ –‘ Ď?Ž‘‘† †ƒÂ?ƒ‰‡Ǥ ‡˜‡Ž‘’Â?‡Â?– ƒ••‘…‹ƒ–‡† ™‹–Š •—„†‹˜‹•‹‘Â? ’”‘posals shall meet the applicable performance standards of this ordinance. Subdivision proposals intended for residential use shall provide all lots with a means ‘ˆ ƒ……‡•• ™Š‹…Š ™‹ŽŽ „‡ ’ƒ••ƒ„Ž‡ „› ™Š‡‡Ž‡† ˜‡Š‹…Ž‡• †—”‹Â?‰ –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘†Ǥ Proposals for subdivisions greater than 5 acres or 50 lots (whichever is less) shall ‹Â?…Ž—†‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† ‡Ž‡˜ƒ–‹‘Â? †ƒ–ƒ ˆ‘” –Š‘•‡ ƒ”‡ƒ• Ž‘…ƒ–‡† ™‹–Š‹Â? –Š‡ Ž‘‘† Žƒ‹Â?

(Overlay) District. k. The exemption of detached garages, sheds, and similar structures from the 100-year elevation requirements may result in increased premium rates for insurance coverage of the structure and contents, however, said detached garages, sheds, and similar ƒ……‡••‘”› –›’‡ •–”—…–—”‡• ƒ”‡ ‡š‡Â?’– ˆ”‘Â? –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† ‡Ž‡˜ƒ–‹‘Â? ”‡“—‹”‡ments when: 1.

The structure shall not be used for human habitation. ʹǤ Š‡ •–”—…–—”‡ •ŠƒŽŽ „‡ †‡•‹‰Â?‡† –‘ Šƒ˜‡ Ž‘™ Ď?Ž‘‘† †ƒÂ?ƒ‰‡ ’‘–‡Â?–‹ƒŽǤ 3.

The structure shall be constructed and placed on the building site so as to ‘ˆˆ‡” Â?‹Â?‹Â?—Â? ”‡•‹•–ƒÂ?…‡ –‘ –Š‡ Ď?Ž‘™ ‘ˆ Ď?Ž‘‘†™ƒ–‡”•Ǥ ͜Ǥ –”—…–—”‡• •ŠƒŽŽ „‡ Ď?‹”Â?Ž› ƒÂ?…Š‘”‡† –‘ ’”‡˜‡Â?– Ď?Ž‘–ƒ–‹‘Â? ™Š‹…Š Â?ƒ› ”‡•—Ž– ‹Â? damage to other structures.

5.

The structure’s service facilities such as electrical and heating equipment •ŠƒŽŽ „‡ ‡Ž‡˜ƒ–‡† ‘” Ď?Ž‘‘†’”‘‘ˆ‡† –‘ ƒ– Ž‡ƒ•– ‘Â?‡ ˆ‘‘– ƒ„‘˜‡ –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† Ž‡˜‡ŽǤ l. Recreational vehicles.

1.

Recreational vehicles are exempt from the requirements of Item (e) above regarding anchoring and elevation of factory-built homes when the follow‹Â?‰ …”‹–‡”‹ƒ ƒ”‡ •ƒ–‹•Ď?‹‡†Ǥ A. The recreational vehicle shall be located on the site for less than 180 consecutive days; and B. The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use. It is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanent attached additions.

2.

Recreational vehicles that are located on the site for more than 180 consecutive days or are not ready for highway use must satisfy the requirements of Item (e) above regarding anchoring and elevation of factory-built homes. m. Pipeline river and stream crossings shall be buried in the streambed and banks, or oth-

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D

F03.23.15

‡”™‹•‡ •—ˆĎ?‹…‹‡Â?–Ž› ’”‘–‡…–‡† –‘ ’”‡˜‡Â?– ”—’–—”‡ †—‡ –‘ …ŠƒÂ?Â?‡Ž †‡‰”ƒ†ƒ–‹‘Â? ƒÂ?† meandering. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜Ď­ĎŻ 'ÄžĹśÄžĆŒÄ‚ĹŻ &ůŽŽĚ WĹŻÄ‚Ĺ?Ĺś KÇ€ÄžĆŒĹŻÄ‚Ç‡ Ĺ?Ć?ĆšĆŒĹ?Ä?Ćš Íž&WÍż 1. Permitted Uses. The following uses shall be permitted within the General Flood Plain District to the extent they are not prohibited by any other ordinance or by the underlying zoning district and ’”‘˜‹†‡† –Š‡› †‘ Â?‘– ‹Â?…Ž—†‡ ’Žƒ…‡Â?‡Â?– ‘ˆ •–”—…–—”‡•ǥ ÂˆÂƒÂ…Â–Â‘Â”Â›ÇŚÂ„Â—Â‹ÂŽÂ– Š‘Â?‡•ǥ Ď?‹ŽŽ ‘” ‘–Š‡” ‘„•–”—…–‹‘Â?Ǣ the storage of materials or equipment; excavation; or alteration of a watercourse. a. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting. b. Industrial-commercial uses such as loading areas, parking areas, airport landing strips. c. Private and public recreation uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildŽ‹ˆ‡ ƒÂ?† Â?ƒ–—”‡ Â’Â”Â‡Â•Â‡Â”Â˜Â‡Â•ÇĄ ‰ƒÂ?‡ ˆƒ”Â?•ǥ Ď?‹•Š ÂŠÂƒÂ–Â…ÂŠÂ‡Â”Â‹Â‡Â•ÇĄ •Š‘‘–‹Â?‰ Â’Â”Â‡Â•Â‡Â”Â˜Â‡Â•ÇĄ –ƒ”‰‡– ”ƒÂ?‰‡•ǥ –”ƒ’ ƒÂ?† •Â?‡‡– ”ƒÂ?‰‡•ǥ Š—Â?–‹Â?‰ ƒÂ?† Ď?‹•Š‹Â?‰ ÂƒÂ”Â‡ÂƒÂ•ÇĄ Š‹Â?‹Â?‰ Â–Â”ÂƒÂ‹ÂŽÂ•ÇĄ „‹Â?‡ Â–Â”ÂƒÂ‹ÂŽÂ•ÇĄ and horseback riding trails. d. Residential uses such as lawns, gardens, parking areas and play areas. ʹǤ ‘Â?†‹–‹‘Â?ƒŽ •‡•Ǥ Â?› —•‡• ™Š‹…Š ‹Â?˜‘Ž˜‡ ’Žƒ…‡Â?‡Â?– ‘ˆ •–”—…–—”‡•ǥ ÂˆÂƒÂ…Â–Â‘Â”Â›ÇŚÂ„Â—Â‹ÂŽÂ– •–”—…–—”‡•ǥ Ď?‹ŽŽ or other obstructions; the storage of materials or equipment; excavation; or alteration of a watercourse may be allowed only upon issuance of a Conditional Use Permit by the Board of Adjustment as provided for in Section 25.86.150-3. All such uses shall be reviewed by the Iowa Department of Natural Resources to determine ƒǤ Š‡–Š‡” –Š‡ ŽƒÂ?† ‹Â?˜‘Ž˜‡† ‹• ‡‹–Š‡” ™Š‘ŽŽ› ‘” ’ƒ”–Ž› ™‹–Š‹Â? –Š‡ Ď?Ž‘‘†™ƒ› ‘” Ď?Ž‘‘†™ƒ› fringe and „Ǥ Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† Ž‡˜‡ŽǤ Š‡ ƒ’’Ž‹…ƒÂ?– •ŠƒŽŽ „‡ ”‡•’‘Â?•‹„Ž‡ ˆ‘” ’”‘˜‹†‹Â?‰ –Š‡ ‘™ƒ ‡’ƒ”–Â?‡Â?– ‘ˆ ƒ–—”ƒŽ ‡•‘—”…‡• ™‹–Š •—ˆĎ?‹…‹‡Â?– –‡…ŠÂ?‹…ƒŽ ‹Â?ˆ‘”Â?ƒ–‹‘Â? –‘ Â?ƒÂ?‡ –Š‡ determination.

3. Performance Standards. ƒǤ ÂŽÂŽ …‘Â?†‹–‹‘Â?ƒŽ —•‡•ǥ ‘” ’‘”–‹‘Â?• Â–ÂŠÂ‡Â”Â‡Â‘ÂˆÇĄ –‘ „‡ Ž‘…ƒ–‡† ‹Â? –Š‡ Ď?Ž‘‘†™ƒ› ĥ †‡–‡”Â?‹Â?‡† „› the Iowa Department of Natural Resources shall meet the applicable provisions and standards of the Floodway Overlay District (Subsection 25.04.19.11). „Ǥ ÂŽÂŽ …‘Â?†‹–‹‘Â?ƒŽ —•‡•ǥ ‘” ’‘”–‹‘Â?• Â–ÂŠÂ‡Â”Â‡Â‘ÂˆÇĄ –‘ „‡ Ž‘…ƒ–‡† ‹Â? –Š‡ Ď?Ž‘‘†™ƒ› ˆ”‹Â?‰‡ ĥ †‡–‡”mined by the Department of Natural Resources shall meet the applicable standards of the Floodway Fringe Overlay District (Subsection 25.04.19.12).

B.

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜Ď­Ď° ^ĹšÄ‚ĹŻĹŻĹ˝Ç &ůŽŽĚ KÇ€ÄžĆŒĹŻÄ‚Ç‡ Ĺ?Ć?ĆšĆŒĹ?Ä?Ćš Íž^&Íż 1. Permitted Uses. All uses within the Shallow Flooding District shall be permitted to the extent that they are not prohibited by any other ordinance or by the underlying zoning district and provided they meet the applicable performance standards of the Shallow Flooding District.

2. Performance Standards. The performance standards for the Shallow Flooding District shall be the same as the performance standards for the Floodway Fringe District with the following exceptions: ƒǤ Â? •ŠƒŽŽ‘™ Ď?Ž‘‘†‹Â?‰ ƒ”‡ƒ• †‡•‹‰Â?ƒ–‡† ĥ ƒÂ? ‘Â?‡ ‘Â? –Š‡ Ž‘‘† Â?•—”ƒÂ?…‡ ƒ–‡ ÂƒÂ’ÇĄ –Š‡ Â?‹Â?‹Â?—Â? Ď?Ž‘‘†’”‘‘Ď?‹Â?‰ȀĎ?Ž‘‘† ’”‘–‡…–‹‘Â? ‡Ž‡˜ƒ–‹‘Â? •ŠƒŽŽ „‡ ‡“—ƒŽ –‘ –Š‡ Â?—Â?„‡” ‘ˆ ˆ‡‡– ĥ •’‡…‹Ď?‹‡† ‘Â? –Š‡ ƒ–‡ ƒ’ ƒ„‘˜‡ –Š‡ Š‹‰Š‡•– Â?ƒ–—”ƒŽ ‰”‘—Â?† ƒ†Œƒ…‡Â?– to the structure. „Ǥ Â? •ŠƒŽŽ‘™ Ď?Ž‘‘†‹Â?‰ ƒ”‡ƒ• †‡•‹‰Â?ƒ–‡† ĥ ƒÂ? ‘Â?‡ ‘Â? –Š‡ Ž‘‘† Â?•—”ƒÂ?…‡ ƒ–‡ ÂƒÂ’ÇĄ –Š‡ Â?‹Â?‹Â?—Â? Ď?Ž‘‘†’”‘‘Ď?‹Â?‰ȀĎ?Ž‘‘† ’”‘–‡…–‹‘Â? ‡Ž‡˜ƒ–‹‘Â? •ŠƒŽŽ „‡ ‡“—ƒŽ –‘ –Š‡ ‡Ž‡˜ƒ–‹‘Â? ĥ •’‡…‹Ď?‹‡† ‘Â? –Š‡ Ǥ c. In Zones AO and AH, require drainage paths around structures on slopes to guide water away from structures. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜Ď­Ďą ĚžĹ?ĹśĹ?Ć?ĆšĆŒÄ‚Ć&#x;ŽŜ 1. Appointment, Duties and Responsibilities of Administrator: a. An Administrator designated by the City Manager shall administer and enforce this chapter and will herein be referred to as the Administrator. b. Duties and responsibilities of the Administrator shall include, but not necessarily be limited to, the following: ͳǤ ‡˜‹‡™ ƒŽŽ Ď?Ž‘‘† ’Žƒ‹Â? †‡˜‡Ž‘’Â?‡Â?– ’‡”Â?‹– ƒ’’Ž‹…ƒ–‹‘Â?• –‘ ‹Â?•—”‡ –Šƒ– –Š‡ ’”‘˜‹•‹‘Â?• ‘ˆ –Š‹• ‘”†‹Â?ƒÂ?…‡ ™‹ŽŽ „‡ •ƒ–‹•Ď?‹‡†Ǥ ʹǤ ‡˜‹‡™ ƒŽŽ Ď?Ž‘‘† ’Žƒ‹Â? †‡˜‡Ž‘’Â?‡Â?– ’‡”Â?‹– ƒ’’Ž‹…ƒ–‹‘Â?• –‘ ƒ••—”‡ –Šƒ– ƒŽŽ necessary permits have been obtained from federal, state or local governmental agencies including approval when required from the Department of ƒ–—”ƒŽ ‡•‘—”…‡• ˆ‘” Ď?Ž‘‘† ’Žƒ‹Â? …‘Â?•–”—…–‹‘Â?Ǥ 3.

Record and maintain a record of A. the elevation (in relation to North American Vertical Datum) of the Ž‘™‡•– Ď?Ž‘‘” ‘ˆ ƒŽŽ Â?‡™ ‘” •—„•–ƒÂ?–‹ƒŽŽ› ‹Â?’”‘˜‡† „—‹Ž†‹Â?‰• ‘” B. the elevation to which new or substantially improved structures Šƒ˜‡ „‡‡Â? Ď?Ž‘‘†’”‘‘ˆ‡†Ǥ 4.

Notify adjacent communities and/or counties and the Iowa Department of Natural Resources prior to any proposed alteration or relocation of a wa–‡”…‘—”•‡ ƒÂ?† •—„Â?‹– ‡˜‹†‡Â?…‡ ‘ˆ •—…Š Â?‘–‹Ď?‹…ƒ–‹‘Â?• –‘ –Š‡ ‡†‡”ƒŽ Â?‡”gency Management Agency.

5.

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

6.

Submit to the Federal Insurance Administrator an annual report concerning the community’s participation, utilizing the annual report form supplied by the Federal Insurance Administrator. ͚Ǥ ‘–‹ˆ› –Š‡ ‡†‡”ƒŽ Â?•—”ƒÂ?…‡ †Â?‹Â?‹•–”ƒ–‹‘Â? ‘ˆ ƒÂ?› ƒÂ?Â?‡šƒ–‹‘Â?• ‘” Â?‘†‹Ď?‹cations to the community’s boundaries.

8.

Review subdivision proposal to insure such proposals are consistent with the purpose of this chapter and advise the City Council of potential conĎ?Ž‹…–•Ǥ 2. Flood Plain Development Permit. a. Permit Required. A Flood Plain Development Permit issued by the Administrator shall „‡ •‡…—”‡† ’”‹‘” –‘ ‹Â?‹–‹ƒ–‹‘Â? ‘ˆ ƒÂ?› Ď?Ž‘‘† ’Žƒ‹Â? †‡˜‡Ž‘’Â?‡Â?– Č‹ÂƒÂ?› Â?ƒÂ?ÇŚÂ?ƒ†‡ change to improved or unimproved real estate, including but not limited to build‹Â?‰• ‘” ‘–Š‡” •–”—…–—”‡•ǥ Â?‹Â?‹Â?‰ǥ Ď?‹ŽŽ‹Â?‰ǥ ‰”ƒ†‹Â?‰ǥ ’ƒ˜‹Â?‰ǥ ‡š…ƒ˜ƒ–‹‘Â? ‘” †”‹ŽŽ‹Â?‰ ‘’erations) including the placement of factory-built homes. b. Application for Permit. Application for a Flood Plain Development Permit shall be made on forms supplied by the Administrator and shall include the following information: 1.

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

2.

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

3.

Indication of the use or occupancy for which the proposed work is intended. ͜Ǥ Ž‡˜ƒ–‹‘Â? ‘ˆ –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘†Ǥ 5.

Elevation (in relation to North American Vertical Datum) of the lowest Ď?Ž‘‘† ȋ‹Â?…Ž—†‹Â?‰ „ƒ•‡Â?‡Â?Â–ČŒ ‘ˆ „—‹Ž†‹Â?‰• ‘” ‘ˆ –Š‡ Ž‡˜‡Ž –‘ ™Š‹…Š ƒ „—‹Ž†‹Â?‰ ‹• –‘ „‡ Ď?Ž‘‘†’”‘‘ˆ‡†Ǥ 6.

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

7.

Such other information as the Administrator deems reasonably necessary for the purpose of this ordinance. c. Action for Permit Application. The Administrator shall, within a reasonable time, make ƒ †‡–‡”Â?‹Â?ƒ–‹‘Â? ĥ –‘ ™Š‡–Š‡” –Š‡ ’”‘’‘•‡† Ď?Ž‘‘† ’Žƒ‹Â? †‡˜‡Ž‘’Â?‡Â?– Â?‡‡–• –Š‡ applicable provisions and standards of this ordinance and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, ‘ˆ –Š‡ •’‡…‹Ď?‹… ”‡ƒ•‘Â?• –Š‡”‡ˆ‘”‡Ǥ Š‡ †Â?‹Â?‹•–”ƒ–‘” •ŠƒŽŽ Â?‘– ‹••—‡ ’‡”Â?‹–• ˆ‘” ‘Â?ditional Uses or Variances except as directed by the Board of Adjustment. d. Construction and Use to be as Provided in Application and Plans. Flood Plain Development Permits issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter and shall be punishable as provided in Section Subsection 25.04.19.17. The ƒ’’Ž‹…ƒÂ?– •ŠƒŽŽ „‡ ”‡“—‹”‡† –‘ •—„Â?‹– …‡”–‹Ď?‹…ƒ–‹‘Â? „› ƒ ’”‘ˆ‡••‹‘Â?ƒŽ ‡Â?‰‹Â?‡‡” ‘” ŽƒÂ?† Â•Â—Â”Â˜Â‡Â›Â‘Â”ÇĄ ĥ ÂƒÂ’Â’Â”Â‘Â’Â”Â‹ÂƒÂ–Â‡ÇĄ ”‡‰‹•–‡”‡† ‹Â? –Š‡ –ƒ–‡ ‘ˆ Â‘Â™ÂƒÇĄ –Šƒ– –Š‡ Ď?‹Â?‹•Š‡† Ď?‹ŽŽǥ „—‹Ž†‹Â?‰ Ď?Ž‘‘” ‡Ž‡˜ƒ–‹‘Â?•ǥ Ď?Ž‘‘†’”‘‘Ď?‹Â?‰ǥ ‘” ‘–Š‡” Ď?Ž‘‘† ’”‘–‡…–‹‘Â? Â?‡ƒ•—”‡• ™‡”‡ accomplished in compliance with the provisions of this chapter, prior to the use or occupancy of any structure.

3. Conditional Uses, Appeals, and Variances. a. Duties of Board of Adjustment. The Board of Adjustment shall hear and decide 1.

Applications for conditional uses upon which the Board is authorized to pass under this chapter; 2.

Appeals; and 3.

Requests for variances to the provisions of this chapter; and shall take any other action which is required of the Board. b. Conditional Uses. Requests for conditional uses for land located within the General Flood Plain shall be submitted to the Administrator, who shall forward such to the Board of Adjustment for consideration. Such requests shall include information ordinarily submitted with applications as well as any additional information deemed necessary to the Board of Adjustment. c. Appeals. Where it is alleged there is any error in any order, requirement, decision, or †‡–‡”Â?‹Â?ƒ–‹‘Â? Â?ƒ†‡ „› ƒÂ? ĠÂ?‹Â?‹•–”ƒ–‹˜‡ ‘ˆĎ?‹…‹ƒŽ ‹Â? –Š‡ ‡Â?ˆ‘”…‡Â?‡Â?– ‘ˆ –Š‹• Â…ÂŠÂƒÂ’Â–Â‡Â”ÇĄ –Š‡ ƒ‰‰”‹‡˜‡† ’ƒ”–› Â?ƒ› ƒ’’‡ƒŽ •—…Š ƒ…–‹‘Â?Ǥ Š‡ Â?‘–‹…‡ ‘ˆ ƒ’’‡ƒŽ •ŠƒŽŽ „‡ Ď?‹Ž‡† ™‹–Š –Š‡ ‘ƒ”† ‘ˆ †Œ—•–Â?‡Â?– ƒÂ?† ™‹–Š –Š‡ ‘ˆĎ?‹…‹ƒŽ ˆ”‘Â? ™Š‹…Š –Š‡ ƒ’’‡ƒŽ ‹• –ƒÂ?‡Â? ƒÂ?† •ŠƒŽŽ •‡– ˆ‘”–Š –Š‡ •’‡…‹Ď?‹… ”‡ƒ•‘Â? ˆ‘” –Š‡ ƒ’’‡ƒŽǤ Š‡ ‘ˆĎ?‹…‹ƒŽ ˆ”‘Â? ™Š‘Â? –Š‡ ƒ’’‡ƒŽ is taken shall transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. †Ǥ ƒ”‹ƒÂ?…‡•Ǥ Š‡ ‘ƒ”† ‘ˆ †Œ—•–Â?‡Â?– Â?ƒ› ƒ—–Š‘”‹œ‡ —’‘Â? ”‡“—‡•– ‹Â? •’‡…‹Ď?‹… …ƒ•‡• •—…Š variances from the terms of this chapter that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship. Variances granted must meet the following applicable standards: 1.

No variance shall be granted for any development within the Floodway District which would result in any increase in the 100-year level. Considerƒ–‹‘Â? ‘ˆ –Š‡ ‡ˆˆ‡…–• ‘ˆ ƒÂ?› †‡˜‡Ž‘’Â?‡Â?– ‘Â? Ď?Ž‘‘† Ž‡˜‡Ž• •ŠƒŽŽ „‡ „ƒ•‡† —’‘Â? the assumption that an equal degree of development would be allowed for similarly situated lands.

2.

Variances shall only be granted upon Ǥ •Š‘™‹Â?‰ ‘ˆ ‰‘‘† ƒÂ?† •—ˆĎ?‹…‹‡Â?– Â…ÂƒÂ—Â•Â‡ÇĄ B. A determination that failure to grant the variance would result in exceptional hardship to the applicant, and C. A determination that the granting of the variance will not result ‹Â? ‹Â?…”‡ƒ•‡† Ď?Ž‘‘† Š‡‹‰Š–•ǥ ƒ††‹–‹‘Â?ƒŽ –Š”‡ƒ–• –‘ ’—„Ž‹… Â•ÂƒÂˆÂ‡Â–Â›ÇĄ ‘” extraordinary public expense; create nuisances, or cause fraud on ‘” ˜‹…–‹Â?‹œƒ–‹‘Â? ‘ˆ –Š‡ ’—„Ž‹… ‘” …‘Â?Ď?Ž‹…– ™‹–Š ‡š‹•–‹Â?‰ Ž‘…ƒŽ …‘†‡• ‘” ordinances.

3.

Variance shall only be granted upon a determination that the variance is –Š‡ Â?‹Â?‹Â?—Â? Â?Â‡Â…Â‡Â•Â•ÂƒÂ”Â›ÇĄ …‘Â?•‹†‡”‹Â?‰ –Š‡ Ď?Ž‘‘† Šƒœƒ”† –‘ ƒˆˆ‘”† ”‡Ž‹‡ˆǤ ͜Ǥ

Â? …ƒ•‡• ™Š‡”‡ –Š‡ ˜ƒ”‹ƒÂ?…‡ ‹Â?˜‘Ž˜‡• ƒ Ž‘™‡” Ž‡˜‡Ž ‘ˆ Ď?Ž‘‘† ’”‘–‡…–‹‘Â? ˆ‘” buildings than what is ordinarily required by this chapter, the applicant •ŠƒŽŽ „‡ Â?‘–‹Ď?‹‡† ‹Â? ™”‹–‹Â?‰ ‘˜‡” –Š‡ •‹‰Â?ƒ–—”‡ ‘ˆ –Š‡ ‘Â?‹Â?‰ †Â?‹Â?‹•–”ƒ–‘” that A. The issuance of a variance will result in increased premium rates ˆ‘” Ď?Ž‘‘† ‹Â?•—”ƒÂ?…‡ —’ –‘ ƒÂ?‘—Â?–• ĥ Š‹‰Š ĥ ̈́ʹ͡ ˆ‘” ̈́ͳͲͲ ‘ˆ ‹Â?•—”ance coverage and B. Such construction increases risks to life and property.

5.

All variances granted shall have the concurrence or approval of the Department of Natural Resources. e. Hearings and Decisions of the Board of Adjustment. ͳǤ ‡ƒ”‹Â?‰•Ǥ ’‘Â? –Š‡ Ď?‹Ž‹Â?‰ ™‹–Š –Š‡ ‘ƒ”† ‘ˆ †Œ—•–Â?‡Â?– ‘ˆ ƒÂ? ÂƒÂ’Â’Â‡ÂƒÂŽÇĄ ƒÂ? ƒ’plication for a Conditional Use or a request for a variance, the Board shall Š‘Ž† ƒ ’—„Ž‹… Š‡ƒ”‹Â?‰Ǥ Š‡ ‘ƒ”† •ŠƒŽŽ Ď?‹š ƒ ”‡ƒ•‘Â?ƒ„Ž‡ –‹Â?‡ ˆ‘” –Š‡ Š‡ƒ”‹Â?‰ and give public notice thereof, as well as notice to parties in interest. At the hearing, any party may appear in person or by agent or attorney and present written or oral evidence. The Board may require the appellant or applicant to provide such information as is reasonably deemed necessary and may request the technical assistance and/or evaluation of a professional engineer or other expert person or agency, including the Department of Natural Resources.

2.

Decisions. The Board shall arrive at a decision on an appeal, conditional use or variance within a reasonable time. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of –Š‹• Â…ÂŠÂƒÂ’Â–Â‡Â”ÇĄ Â”Â‡Â˜Â‡Â”Â•Â‡ÇĄ ‘” ƒˆĎ?‹”Â?ÇĄ ™Š‘ŽŽ› ‘” ‹Â? Â’ÂƒÂ”Â–ÇĄ ‘” Â?‘†‹ˆ› –Š‡ ‘”†‡”ǥ ”‡quirement, decision, or determination appealed from, and it shall make its †‡…‹•‹‘Â?ÇĄ ‹Â? ™”‹–‹Â?‰ǥ •‡––‹Â?‰ ˆ‘”–Š –Š‡ Ď?‹Â?†‹Â?‰• ‘ˆ ˆƒ…– ƒÂ?† –Š‡ ”‡ƒ•‘Â?• ˆ‘” ‹–• decision. In granting a conditional use or variance, the Board shall consider such factors as contained in this section and all other relevant sections of this ordinance and may prescribe such conditions as contained in Subsection 25.04.19.15-5.2.

A. Factors Upon Which the Decision of the Board Shall be Based. In passing upon applications for conditional uses or requests for ˜ƒ”‹ƒÂ?…‡•ǥ –Š‡ ‘ƒ”† •ŠƒŽŽ …‘Â?•‹†‡” ƒŽŽ ”‡Ž‡˜ƒÂ?– ˆƒ…–‘”• •’‡…‹Ď?‹‡† ‹Â? other sections of this chapter and: ‹Ǥ Š‡ †ƒÂ?‰‡” –‘ Ž‹ˆ‡ ƒÂ?† ’”‘’‡”–› †—‡ –‘ ‹Â?…”‡ƒ•‡† Ď?Ž‘‘† heights or velocities caused by encroachments. ii.

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

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

The susceptibility of the proposed facility and its contents –‘ Ď?Ž‘‘† †ƒÂ?ƒ‰‡ ƒÂ?† –Š‡ ‡ˆˆ‡…– ‘ˆ •—…Š †ƒÂ?ƒ‰‡ ‘Â? –Š‡ ‹Â?†‹vidual owner. v.

The importance of the services provided by the proposed

facility to the community. Š‡ ”‡“—‹”‡Â?‡Â?–• ‘ˆ –Š‡ ˆƒ…‹Ž‹–› ˆ‘” ƒ Ď?Ž‘‘† ’Žƒ‹Â? Ž‘…ƒ–‹‘Â?Ǥ The availability of alternative locations not subject to Ď?Ž‘‘†‹Â?‰ ˆ‘” –Š‡ ’”‘’‘•‡† —•‡Ǥ viii.

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

The relationship of the proposed use to the comprehen•‹˜‡ ’ŽƒÂ? ƒÂ?† Ď?Ž‘‘† ’Žƒ‹Â? Â?ƒÂ?ƒ‰‡Â?‡Â?– ’”‘‰”ƒÂ? ˆ‘” –Š‡ area. šǤ Š‡ •ƒˆ‡–› ‘ˆ ƒ……‡•• –‘ –Š‡ ’”‘’‡”–› ‹Â? –‹Â?‡• ‘ˆ Ď?Ž‘‘† ˆ‘” ordinary and emergency vehicles. xi.

The expected heights, velocity, duration, rate of rise and •‡†‹Â?‡Â?– –”ƒÂ?•’‘”– ‘ˆ –Š‡ Ď?Ž‘‘† ™ƒ–‡” ‡š’‡…–‡† ƒ– –Š‡ •‹–‡Ǥ xii.

The cost of providing governmental services during and ƒˆ–‡” Ď?Ž‘‘† …‘Â?†‹–‹‘Â?•ǥ ‹Â?…Ž—†‹Â?‰ Â?ƒ‹Â?–‡Â?ƒÂ?…‡ ƒÂ?† ”‡’ƒ‹” of public utilities (sewer, gas, electrical and water systems), facilities, streets and bridges. xiii.

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

Conditions attached to conditional uses or variances. Upon consideration of the factors listed above, the Board may attach such conditions to the granting of conditional uses or variances as it deems necessary to further the purpose of this chapter. Such conditions may include, but not necessarily be limited to: ‹Ǥ ‘†‹Ď?‹…ƒ–‹‘Â? ‘ˆ ™ƒ•–‡ †‹•’‘•ƒŽ ƒÂ?† ™ƒ–‡” •—’’Ž› ˆƒ…‹Ž‹–‹‡•Ǥ ii.

Limitation on periods of use and operation. iii.

Imposition of operational controls, sureties, and deed restrictions. ‹˜Ǥ ‡“—‹”‡Â?‡Â?–• ˆ‘” …‘Â?•–”—…–‹‘Â? ‘ˆ …ŠƒÂ?Â?‡Ž ƒÂ?† Â?‘†‹Ď?‹…ƒtion, dikes, levees, and other protective measures, provided such are approved by the Iowa Department of Natural Resources and are deemed the only practical alternative to achieving the purposes of this ordinance. ˜Ǥ Ž‘‘†’”‘‘Ď?‹Â?‰ Â?‡ƒ•—”‡•Ǥ Ž‘‘†’”‘‘Ď?‹Â?‰ Â?‡ƒ•—”‡• •ŠƒŽŽ „‡ †‡•‹‰Â?‡† …‘Â?•‹•–‡Â?– ™‹–Š –Š‡ Ď?Ž‘‘† ’”‘–‡…–‹‘Â? ‡Ž‡˜ƒ–‹‘Â? ˆ‘” –Š‡ ’ƒ”–‹…—Žƒ” ÂƒÂ”Â‡ÂƒÇĄ Ď?Ž‘‘† Â˜Â‡ÂŽÂ‘Â…Â‹Â–Â‹Â‡Â•ÇĄ †—”ƒ–‹‘Â?•ǥ ”ƒ–‡ of rise, hydrostatic and hydrodynamic forces, and other ˆƒ…–‘”• ƒ••‘…‹ƒ–‡† ™‹–Š –Š‡ ”‡‰—Žƒ–‘”› Ď?Ž‘‘†Ǥ Š‡ ‘ƒ”† of Adjustment shall require that the applicant submit a ’ŽƒÂ? ˆ‘” †‘…—Â?‡Â?– …‡”–‹Ď?‹‡† „› ƒ ”‡‰‹•–‡”‡† ’”‘ˆ‡••‹‘Â?ƒŽ ‡Â?‰‹Â?‡‡” ‘” ƒ”…Š‹–‡…– –Šƒ– –Š‡ Ď?Ž‘‘†’”‘‘Ď?‹Â?‰ Â?‡ƒ•—”‡• ƒ”‡ …‘Â?•‹•–‡Â?– ™‹–Š –Š‡ ”‡‰—Žƒ–‘”› Ď?Ž‘‘† ’”‘–‡…–‹‘Â? ‡Ž‡˜ƒ–‹‘Â? ƒÂ?† ƒ••‘…‹ƒ–‡† Ď?Ž‘‘† ˆƒ…–‘”• ˆ‘” –Š‡ ’ƒ”–‹…—Žƒ” ƒ”‡ƒǤ —…Š Ď?Ž‘‘†’”‘‘Ď?‹Â?‰ Â?‡ƒ•—”‡• Â?ƒ› ‹Â?…Ž—†‡ǥ „—– ƒ”‡ Â?‘– Â?‡…‡••ƒ”ily limited to the following: ƒǤ Â?…Š‘”ƒ‰‡ –‘ ”‡•‹•– Ď?Ž‘–ƒ–‹‘Â? ƒÂ?† Žƒ–‡”ƒŽ Â?‘˜‡ment. b.

Installation of watertight doors, bulkheads, and shutters, or similar methods of construction. c.

Reinforcement of walls to resist water pressures. d.

Use of paints, membranes, or mortars to reduce seepage of water through walls. e.

Addition of mass or weight structures to resist Ď?Ž‘–ƒ–‹‘Â?Ǥ f.

Installation of pumps to lower water levels in structures. g.

Construction of water supply and waste treatment •›•–‡Â?• •‘ ĥ –‘ ’”‡˜‡Â?– –Š‡ ‡Â?–”ƒÂ?…‡ ‘ˆ Ď?Ž‘‘† ™ƒters. h.

Pumping facilities or comparable practices for subsurface drainage systems for building to reŽ‹‡˜‡ ‡š–‡”Â?ƒŽ ˆ‘—Â?†ƒ–‹‘Â? ™ƒŽŽ ƒÂ?† „ƒ•‡Â?‡Â?– Ď?Ž‘‘† pressures. i.

Construction to resist rupture or collapse caused „› ™ƒ–‡” ’”‡••—”‡ ‘” Ď?Ž‘ƒ–‹Â?‰ †‡„”‹•Ǥ j.

Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and stormwaters into the buildings or structures. k.

Location of all electrical equipment, circuits and installed electrical appliances in a manner which ™‹ŽŽ ƒ••—”‡ –Š‡› ƒ”‡ Â?‘– •—„Œ‡…– –‘ Ď?Ž‘‘†‹Â?‰Ǥ ˜‹Ǥ vii.

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜Ď­Ď˛ EŽŜÄ?Ĺ˝ĹśÄ¨Ĺ˝ĆŒĹľĹ?ĹśĹ? hĆ?ÄžĆ?

1. A structure or the use of a structure on land which was lawful before the passage or amendment of this chapter but which is not now in conformity with the provisions of this chapter may be continued subject to the following conditions: a. If such use is discontinued for twelve consecutive months, any future use of the building premises shall conform to this chapter. „Ǥ ˆ ƒÂ?› Â?‘Â?…‘Â?ˆ‘”Â?‹Â?‰ —•‡ ‘” •–”—…–—”‡ ‹• †‡•–”‘›‡† „› ƒÂ?› Â?‡ƒÂ?•ǥ ‹Â?…Ž—†‹Â?‰ Ď?Ž‘‘†•ǥ –‘ ƒÂ? extent of 50 percent or more of its value prior to destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. c. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.

2. Except as provided in Subsection 25.04.19.15 any use which has been permitted as a conditional use or variance shall be considered a conforming use. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜Ď­Ďł WĞŜĂůĆ&#x;ÄžĆ? Ä¨Ĺ˝ĆŒ sĹ?ŽůĂĆ&#x;ŽŜĆ?

Violations of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of conditional uses or variances) shall constitute a misdemeanor. Any person who violates this chapter or fails –‘ …‘Â?’Ž› ™‹–Š ƒÂ?› ‘ˆ ‹–• ”‡“—‹”‡Â?‡Â?–• •ŠƒŽŽ —’‘Â? …‘Â?˜‹…–‹‘Â? –Š‡”‡‘ˆ „‡ Ď?‹Â?‡† Â?‘– Â?‘”‡ –ŠƒÂ? ̈́ͳͲͲ or imprisoned for not more than 30 days. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Sioux City, Iowa from taking such other lawful action as is necessary to prevent or remedy any violation. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ°Í˜Ď­ĎľĎŹÍ˜Ď­Ď´ žĞŜĚžĞŜƚĆ?

The regulations, restrictions and boundaries set forth in this chapter may from time to time be amended, supplemented, changed, or repealed as provided in Sections 414.4, 414.5, and 414.21, ‘†‡ ‘ˆ Â‘Â™ÂƒÇĄ ͳ͚͚͝ ĥ ƒÂ?‡Â?†‡†Ǥ ‘ ƒÂ?‡Â?†Â?‡Â?–ǥ •—’’Ž‡Â?‡Â?–ǥ …ŠƒÂ?‰‡ǥ ‘” Â?‘†‹Ď?‹…ƒ–‹‘Â? –‘ –Š‹• …Šƒ’ter shall be undertaken without prior approval from the Iowa Department of Natural Resources. ʹ͡ǤͲ͜nj

Reserved ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŽĎŹĎŹ WĆľĆŒĆ‰Ĺ˝Ć?Äž ĂŜĚ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŽĎ­ĎŹ ŽŜĆ?ĆšĆŒĆľÄ?Ć&#x;ŽŜ EĹ˝Ĺ?Ć?Äž ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŽĎŽĎŹ sĹ?Ä?ĆŒÄ‚Ć&#x;ŽŜ Sec. 25.04.230 Air Quality ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ°Í˜ĎŽĎ°ĎŹ tÄ‚ĆšÄžĆŒ YƾĂůĹ?ƚLJ ĂŜĚ YƾĂŜĆ&#x;ƚLJ Sec. 25.04.250 Glare Reserved , Wd Z ĎŽĎąÍ˜ĎŹĎą ^/d s >KWD Ed SUBCHAPTER 25.05-A PARKING AND LOADING Sec. 25.05.010 Purpose

Reserved Reserved Reserved Reserved Reserved

1. Generally. The purpose of this Division is to ensure that: a. Adequate off-street parking is provided for uses that are permitted by this Zoning and Sign Code. (See Subchapter 25.02-C, Land Uses;) „Ǥ —ˆĎ?‹…‹‡Â?– ’ƒ”Â?‹Â?‰ ‹• ’”‘˜‹†‡† ‹Â? Â?‘Â?”‡•‹†‡Â?–‹ƒŽ ƒ”‡ƒ• –Šƒ– ƒ”‡ Â?‡ƒ” ”‡•‹†‡Â?–‹ƒŽ Â?‡‹‰Š„‘”hoods, so that the character and quality of life in the residential neighborhoods are ’”‘–‡…–‡† ˆ”‘Â? ‘˜‡”Ď?Ž‘™ ’ƒ”Â?‹Â?‰Ǣ c. Areas for parking are well-designed so as to prevent or alleviate the congestion of public streets and to promote the safety and welfare of the public; d. The sharing of off-street parking spaces among uses that have different peak parking demands allows for a reduction in the number of parking spaces that are required to serve mixed-use development; e. Adequate loading areas are provided that do not interfere with the function of streets and other vehicular use areas; f. Adequate stacking spaces ƒ”‡ ’”‘˜‹†‡† –‘ ‡Â?•—”‡ •ƒˆ‡ ƒÂ?† ‡ˆĎ?‹…‹‡Â?– …‹”…—Žƒ–‹‘Â? ™‹–Š‹Â? sites that contain drive-in or drive-through uses; and ‰Ǥ ‹–‡• –Šƒ– ƒ”‡ —•‡† ˆ‘” ‹Â?Ď?‹ŽŽ †‡˜‡Ž‘’Â?‡Â?– ‘Â? ˜ƒ…ƒÂ?– Ž‘–• ‘” Â’ÂƒÂ”Â…Â‡ÂŽÂ•ÇĄ adaptive re-use, or redevelopment Šƒ˜‡ Ď?Ž‡š‹„‹Ž‹–› ƒÂ?† ƒŽ–‡”Â?ƒ–‹˜‡• ˆ‘” …‘Â?’Ž‹ƒÂ?…‡ ™‹–Š –Š‹• ‹˜‹•‹‘Â?ÇĄ as set out in Subsection 25.05.030.5, Parking Studies, Credits, and Reductions, such that investments in upgrades to real property are promoted.

2. Parking Reductions. In addition to establishing parking requirements that provide for convenience, neighborhood protection, and mobility, this Division provides several ways to reduce the number of parking spaces that are required for developmentÇĄ ‹Â? ‘”†‡” –‘ ’”‘Â?‘–‡ –Š‡ ‡ˆĎ?‹…‹‡Â?– —•‡ of land and reduce the expanse of impervious areas. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎŽĎŹ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ 1. Application. ƒǤ ÂŽÂŽ Â?‡™ †‡˜‡Ž‘’Â?‡Â?–ǥ ‹Â?…Ž—†‹Â?‰ Â?‡™ …‘Â?•–”—…–‹‘Â? ‘Â? ‹Â?Ď?‹ŽŽ Ž‘–• ‘” Â’ÂƒÂ”Â…Â‡ÂŽÂ•ÇĄ •ŠƒŽŽ ’”‘˜‹†‡ the quantity of parking spaces required by Section 25.05.030, Parking and Loading Calculations, and comply with all other provisions of this Division. b. Redevelopment, adaptive re-use, expansions or substantial improvements to existing development, and changes in the use(s) of existing buildings that require additional parking shall provide parking to the extent of the new demand created by the improvement, re-use, expansion, or change in use(s). The expansion of existing uses or buildings for which the parking is currently nonconforming do not require, as a condition of expansion, conformance for that portion of the use or building that is nonconforming. c. Changes in the use(s) of existing buildings that result in fewer required parking spaces shall not be required to provide additional parking spaces.

2. Number of Required Parking and Loading Spaces. The number of parking and loading spaces that must be provided for a proposed new development is calculated as provided in Section 25.05.030, Parking and Loading Calculations. Subsection 25.05.030.1, Calculation of Required Parking Spaces, establishes the methodology for calculating the number of required parking spaces, including measurement of independent variables and application of available credits and reductions that are allowed by Subsection 25.05.030.5, Parking Credits and Reductions, and Subsection 25.05.030.6, Shared Parking.

3. Stacking Spaces. Stacking spaces (spaces for cars that are waiting for drive-up or drive-through services) are required for drive-up and drive-through uses as provided in Subsection 25.05.040.6, Vehicle Stacking.

4. Design of Parking and Loading AreasǤ Š‡ •‹œ‡ ƒÂ?† …‘Â?Ď?‹‰—”ƒ–‹‘Â? ‘ˆ ’ƒ”Â?‹Â?‰ ƒÂ?† Ž‘ƒ†‹Â?‰ spaces shall be as set out in Section 25.05.040, Design and Use. 5. Surfacing, Use, and Maintenance of Parking and Loading Areas. Standards for the surfacing, use, and maintenance of parking and loading areas are set out in Subsection 25.05.040.7, Surfacing and Maintenance. Standards that apply to temporary uses in parking and loading areas are set out in Subchapter 25.02-E, Temporary Uses.

6. Parking for Uses that are Not Listed. For uses that are not listed in Subchapter 25.02-C, Land Uses, the required parking and loading spaces shall be calculated on the same basis as required for a principal use that is either a subcategory of an allowed use, limited use, or conditional use, or a use that is functionally similar to an allowed use, limited use, or conditional use, as determined by the Administrator. (See Section 25.02.140, Uses That Are Not Listed) 7. š‡�’–‹‘�. By reason of the character and function of the Downtown Commercial (DC) district, the off-street parking provisions of this Division do not apply.

8. Timing of Compliance. No change of use permit, zoning permit, building permit, occupational license, or …‡”–‹Ď?‹…ƒ–‡ ‘ˆ ‘……—’ƒÂ?…› shall be issued unless and until off-street parking and loading is provided in accordance with this Division. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎŻĎŹ WÄ‚ĆŒĹŹĹ?ĹśĹ? ĂŜĚ >ŽĂĚĹ?ĹśĹ? Ä‚ĹŻÄ?ƾůĂĆ&#x;ŽŜĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎŻĎŹÍ˜Ď­ Ä‚ĹŻÄ?ƾůĂĆ&#x;ŽŜ ŽĨ ZĞƋƾĹ?ĆŒÄžÄš WÄ‚ĆŒĹŹĹ?ĹśĹ? ^ƉĂÄ?ÄžĆ?

1. Generally. The standards of this Item set out the means for calculating the number of parking spaces that are required for each land use that is listed in Subchapter 25.02-C, Land Uses. The number of parking spaces is based on one or more variables, which are measured as provided in this Item.

2. Calculations. The number of required parking spaces is calculated according to the formulas set out in Subsection 25.05.030.2, Required Parking and Loading, and then adjusted according to the standards set out in: a. Subsection 25.05.030.5, Parking Credits and Reductions, as applicable; b. Subsection 25.05.030.6, Shared Parking, as applicable; and/or c. Subsection 25.05.030.5, Parking Studies, Credits, and Reductions.

3. Rounding. ˆ –Š‡ Ď?‹Â?ƒŽ …ƒŽ…—Žƒ–‡† Â?—Â?„‡” ‘ˆ ”‡“—‹”‡† ’ƒ”Â?‹Â?‰ •’ƒ…‡• ‹Â?…Ž—†‡• ƒ ˆ”ƒ…–‹‘Â?ƒŽ Â•Â’ÂƒÂ…Â‡ÇĄ then the number of required parking spaces is rounded up to the nearest whole number, regardless of the fraction (e.g. a calculated fractional space of 9.1 is rounded up to 10 spaces).

4. ƒ”‹ƒ„Ž‡• ˆ‘” ƒŽ…—Žƒ–‹Â?‰ –Š‡ ‡“—‹”‡† ƒ”Â?‹Â?‰Ǥ The variables used for parking calculations are measured as follows: a. Per Square Foot (sf.) of Gross Floor Area (GFA). The phrase “per sf. of GFAâ€? means that the number of parking spaces is calculated based on the number of square feet of gross Ď?Ž‘‘” ƒ”‡ƒ put to the use. b. Per Dwelling Unit of Per Bedroom (“BRâ€?). The phrase “per dwelling unitâ€? means that the number of parking spaces is calculated based on the number of dwelling units. In some cases, the parking requirements are based on the number of bedrooms (per “#â€? BR unit) in the dwelling units. c. Per Bed. The phrase “per bedâ€? means that the number of parking spaces is based on the number of beds in the facility instead of the number of sleeping rooms or some other measure. Per bed calculations are normally applied to uses that offer residential care or overnight accommodations with shared rooms. d. Per Employee. The phrase “per employeeâ€? means that the number of parking spaces is

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based on the number of employees during the shift with the maximum number of employees is present. e. Per Seat/Per Seat Design Capacity.

1.

The phrase “per seat� means that the number of parking spaces is based on the number of seats that are provided to guests (e.g., patrons, members), with benches or pews measured as one seat per two feet of width; and 2.

The phrase “per seat design capacityâ€? means that the number of parking spaces is based on the maximum seating capacity of the use as determined „› ƒ’’Ž‹…ƒ„Ž‡ Ď?‹”‡ …‘†‡•Ǥ f. Per Person Design Capacity. The phrase “per person design capacityâ€? means that the number of parking spaces is based on the maximum number of people who may ‘……—’› –Š‡ —•‡ ’—”•—ƒÂ?– –‘ ƒ’’Ž‹…ƒ„Ž‡ Ď?‹”‡ …‘†‡•Ǥ g. Per Square Feet (sf.) of Assembly Area. The phrase “per sf. of assembly areaâ€? means that the number of parking spaces is based on the number of square feet in the largest room used for assembly (e.g., at a school, this is often a gymnasium, but it could also be a theater or a lunch room).

5. •‡• –Šƒ– Â?˜‘Ž˜‡ Ž‡‡–• ‘” ‡Š‹…Ž‡ Â?˜‡Â?–‘”›Ǥ •‡• –Šƒ– ‹Â?˜‘Ž˜‡ Ď?Ž‡‡–• ‘ˆ ˜‡Š‹…Ž‡• ȋ‡Ǥ‰Ǥǥ ’‘•– ‘ˆĎ?‹…‡•ǥ ’‘Ž‹…‡ •–ƒ–‹‘Â?•ǥ Ď?‹”‡ •–ƒ–‹‘Â?•ǥ Â‡Â–Â…Ç¤ČŒ ƒÂ?† —•‡• –Šƒ– ‹Â?˜‘Ž˜‡ ˜‡Š‹…Ž‡ ‹Â?˜‡Â?–‘”‹‡• ȋ‡Ǥ‰Ǥǥ ’ƒ••‡Â?‰‡” ˜‡Š‹…Ž‡ •ƒŽ‡• ‘” ”‡Â?Â–ÂƒÂŽČŒ •ŠƒŽŽ ’”‘˜‹†‡ ’ƒ”Â?‹Â?‰ ˆ‘” –Š‡ Ď?Ž‡‡– ‘” ‹Â?˜‡Â?–‘”›Ǥ —…Š ’ƒ”Â?‹Â?‰ •ŠƒŽŽ Â?‘– …‘—Â?– toward the requirements of Subsection 25.05.030.2, Required Parking and Loading.

6. Multiple Nonresidential Uses. If several nonresidential uses occupy a single parcel of land or building, then off-street parking and loading requirements shall be the cumulative total for all uses, unless: a. The uses are of different categories, such that the standards of Subsection 25.05.030.6, Shared Parking, apply; or b. The uses are in a center with multiple retail, service, or restaurant tenants, which shall „‡ …Žƒ••‹Ď?‹‡† …—Â?—Žƒ–‹˜‡Ž› ĥ Dzmixed useâ€? for the purposes of the parking requirements. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎŻĎŹÍ˜ĎŽ ZĞƋƾĹ?ĆŒÄžÄš KčͲ^ĆšĆŒÄžÄžĆš WÄ‚ĆŒĹŹĹ?ĹśĹ?

1. Generally. The minimum off-street parking requirements for the uses set out in this Code, as provided in Subchapter 25.02-C, Land Uses, are set out in the following tables: a. Table 25.05.030.2.1, Parking and Loading for Residential and Commercial Uses of the Home; b. Table 25.05.030.2.2, Parking and Loading for Institutional, Recreation, and Amusement Uses; c. Table 25.05.030.2.3, Parking and Loading for Commercial Uses; and d. Table 25.05.030.2.4, Parking and Loading for Agricultural, Industrial, Utility, and Communication Uses.

2. Residential and Commercial Uses of the Home. Set out in Table 25.05.030.2.1, Parking and Loading for Residential and Commercial Uses of the Home, is the parking requirements for residential uses and commercial uses of the home.

2. Loading Required for Special Areas and Uses. a. Downtown Commercial (DC) District. Uses in the DC district are not required to provide loading spaces on-site. Loading is allowed from alleys or over-the-curb along street rights-of-way at times and locations approved by the Administrator. b. Dormitory/Fraternity/Sorority. Dormitories, fraternities, and sororities shall provide one loading space. c. Multiple-Family Development. Multiple-family development of more than 10 units shall include one loading space per each 20 units, or fraction thereof. d. Funeral Home, Chapel, or Mortuary. Funeral homes, chapels, or mortuaries shall include one loading space for each hearse, ambulance, or other non-passenger vehicle. e. Hotel, Motel, or Inn. HotelsÇĄ Â?‘–‡Ž•ǥ ‘” ‹Â?Â?• •ŠƒŽŽ ’”‘˜‹†‡ ‘Â?‡ Ž‘ƒ†‹Â?‰ •’ƒ…‡ ˆ‘” –Š‡ Ď?‹”•– ͡Ͳ rooms, then one loading space per 100 rooms, or fraction thereof. f. Industrial UsesǤ —ˆĎ?‹…‹‡Â?– Ž‘ƒ†‹Â?‰ •’ƒ…‡• •ŠƒŽŽ „‡ ’”‘˜‹†‡† ˆ‘” ƒŽŽ Ž‘ƒ†‹Â?‰Ȁ—Â?Ž‘ƒ†‹Â?‰ ‘’erations and in no case may there be fewer than that required for a warehouse or distribution facility. g. Mixed Use. 1.

Mixed use development shall provide loading spaces for each building according to the requirements of this Item.

2.

Vertically mixed use buildings shall provide loading spaces equal to the total number required for each individual use. However, if all uses have reasonable access to the loading spaces, then the total number of loading spaces required may be reduced by 25 percent, rounded up.

3. š‡Â?’–‹‘Â?•. The loading requirements of this Item may be exempted for good cause shown upon demonstration by the applicant of a proposed use and the nature of its business and operations. However, as determined by the Administrator, or upon request of the Planning and Zoning Commission „› –Š‡ †Â?‹Â?Â‹Â•Â–Â”ÂƒÂ–Â‘Â”ÇĄ ‹– Â?ƒ› „‡ ”‡“—‹”‡† ‘ˆ –Š‡ ƒ’’Ž‹…ƒÂ?– –‘ ”‡•‡”˜‡ •—ˆĎ?‹…‹‡Â?– ŽƒÂ?† ˆ‘” loading space if there is a reasonable likelihood that the use or the nature of the use could change in a manner warranting loading space.

4. Dimensions of Loading Spaces. All required loading spaces must be designated by signs as loading spaces. Larger loading spaces may be required by the Administrator where the size of the †‡•‹‰Â? ˜‡Š‹…Ž‡ ‡š…‡‡†• –Š‡ •’‡…‹Ď?‹…ƒ–‹‘Â?•Ǥ a. Industrial Uses. Each required loading space for an industrial use shall be a minimum of 12 feet in width and 60 feet in length. b. Nonresidential Uses. Each required loading space for a nonresidential use shall be a minimum of 12 feet in width and 30 feet in length.

5. Number of Loading Spaces. Every premises that regularly receives or distributes materials or merchandise by motor vehicle from the premises must provide and maintain loading spaces as set out in Table 25.05.030.3, Required Loading Spaces.

15

&Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎŻÍ˜ĎąÍ˜1ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ g. Landscaping. The landscaping required in Section 25.05.090, Development Landscaping, shall meet the standards and requirements upon initial improvement of the parking area. Required landscaping may not be deferred to a later date. h. Maintenance and Reservation. The deferred parking areas may remain unpaved or may be improved with a pervious material ˆ‘” —•‡ ĥ ‘˜‡”Ď?Ž‘™ ’ƒ”Â?‹Â?‰ ’”‘˜‹†‡† …‘Â?’Ž‹ance with the following: ͳǤ ˜‡”Ď?Ž‘™ ’ƒ”Â?‹Â?‰ ƒ”‡ƒ• •ŠƒŽŽ „‡ ”‡•‡”˜‡† „› ƒ deed restriction running with the subject parcel, approved as to form by the City Attorney, which shall state that the areas set aside for future parking shall be landscaped and maintained as landscaped surface area in an amount that is equal to or exceeds the minimum required for the district and use until the area is required by the Administrator to be improved to meet parking demands. ʹǤ – Â?‘ ’‘‹Â?– •ŠƒŽŽ ƒÂ?› ’ƒ”– ‘ˆ ƒÂ? ‘˜‡”Ď?Ž‘™ ’ƒ”Â?‹Â?‰ ƒ”‡ƒ „‡ —•‡† ˆ‘” –Š‡ …‘Â?struction of any permanent buildings, structures, or paved surfaces. ;Ǥ Š‡ ’‡”˜‹‘—• Â?ƒ–‡”‹ƒŽ ƒÂ?† –Š‡ Â?‡–Š‘† ƒÂ?† •’‡…‹Ď?‹…ƒ–‹‘Â?• ‘ˆ …‘Â?•–”—…–‹‘Â? shall be reviewed and approved by the City Engineer.

6. Uses with Nonconforming Parking. Subject to the limitations and allowances of Subchapter 25.06-C, Nonconformities, the Administrator is authorized to approve a parking reduction to allow an existing nonresidential use that does not meet the current off-street parking requirements of Subsection 25.05.030.2, Required Off-Street Parking, to be replaced or expanded subject to compliance with the following standards: a. An existing, permitted nonresidential use in an existing building may be replaced by another permitted nonresidential use if the new use has the same or lesser parking requirement as the use being replaced. b. A nonconforming nonresidential use in an existing building may be replaced by a conforming nonresidential use if the permitted replacement use has the same or lesser parking requirement as the use being replaced. c. An existing or replacement nonresidential use, whether conforming or nonconforming, that does not meet current parking requirements, shall not be expanded in gross Ď?Ž‘‘” ƒ”‡ƒ or seating or be replaced by a use that has an increased parking requirement unless a parking reduction is authorized in conformance with the provisions of Item 4., above. d. Before approving a parking reduction pursuant to Item 4., above, the Administrator shall evaluate the existing parking arrangement to determine whether it can accommodate additional parking or be rearranged to accommodate additional parking in compliance with the design requirements of Section 25.05.040, Design and Use. If –Š‡ †Â?‹Â?‹•–”ƒ–‘” Ď?‹Â?†• –Šƒ– ƒ††‹–‹‘Â?ƒŽ ’ƒ”Â?‹Â?‰ …ƒÂ? ”‡ƒ•‘Â?ƒ„Ž› „‡ Â’Â”Â‘Â˜Â‹Â†Â‡Â†ÇĄ –Š‡ provision of such parking shall be a condition of approval of the requested reduction. e. A nonconforming use shall not be replaced with a use, whether conforming or nonconforming, that generates a need for more parking. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎŻĎŹÍ˜Ď˛ ^ĹšÄ‚ĆŒÄžÄš WÄ‚ĆŒĹŹĹ?ĹśĹ?

F. Use of Right-of-Way. At no time shall any part of a truck or van be allowed to extend into a public right-of-way while the truck or van is being loaded or unloaded.

G. Maneuvering Space. Adequate off-street truck maneuvering space shall be provided on the lot (and not within any public street right-of-way or other public property), so that trucks can maneuver to the docking area.

H. Location. All loading areas shall be located on the same lot as the building or lot served by the loading area. Furthermore, loading spaces shall be designed such that they do not face or are not in direct public view of residential uses or highways or arterial roadways.

I. —ˆˆ‡”‹�‰. Loading spaces and docks shall be located behind buildings and screened from view from adjacent properties and public street right-of-way. Truck access and loading areas that are located between a principal building and property that is used for or zoned for residential purposes shall comply with the following additional standards: a. The length of the loading area shall be screened by a bufferyard that has one level more opacity (e.g., from a “Type B� bufferyard to a “Type C� bufferyard) than required by the district boundary and contains an eight foot tall masonry wall; or b. The loading area is enclosed by a roof and a wall between the building and the district boundary line (a “loading shed�). The buffer between the loading shed and the district boundary line may be reduced by one level of opacity adjoining the loading shed, and may be the district standard elsewhere.

J. ‹”‡ š‹– ‘” Â?‡”‰‡Â?…› ……‡••. Off-street loading facilities shall be designed so as not to interˆ‡”‡ ™‹–Š ƒÂ?› Ď?‹”‡ ‡š‹–• ‘” ‡Â?‡”‰‡Â?…› ƒ……‡•• ˆƒ…‹Ž‹–‹‡• –‘ ‡‹–Š‡” ƒ „—‹Ž†‹Â?‰ ‘” •‹–‡Ǥ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎŻĎŹÍ˜Ď° WÄ‚ĆŒĹŹĹ?ĹśĹ? Ä¨Ĺ˝ĆŒ WÄžĆŒĆ?ŽŜĆ? Ç Ĺ?ƚŚ Ĺ?Ć?Ä‚Ä?Ĺ?ĹŻĹ?Ć&#x;ÄžĆ?

1. Generally. Parking spaces that are accessible to persons with disabilities (accessible parking space�) shall be provided as set out in this Item. Such spaces shall be counted towards the total number of spaces that are provided for compliance with Subsection 25.05.030.2, Required Off-Street Parking, after applicable reductions pursuant to Subsection 25.05.030.5, Parking Credits and Reductions and Subsection 25.05.030.6, Shared Parking.

2. Number of Required Spaces. Accessible parking spaces shall be provided as set out in Table 25.05.030.4, Number of Accessible Parking Spaces, or as required by the 2010 ADA Standards for Accessible Design, Section 208 (as may be amended or re-titled from time to time), whichever requires more parking spaces for persons with disabilities

1. Generally. The City recognizes that uses may have different hours of operation and peak parking demand hours. The City desires to encourage the sharing of parking for its potential to reduce the amount of impervious area ƒÂ?† –‘ ‡Â?ŠƒÂ?…‡ –Š‡ ‡ˆĎ?‹…‹‡Â?…› ‘ˆ •‹–‡ †‡•‹‰Â?Ǥ Š‡”‡ ƒ Â?‹š–—”‡ ‘ˆ ŽƒÂ?† uses create synergy with respect to the use of parking spaces due to differences in when the spaces are most likely to be used, the City may reduce the required number of spaces according to the provisions of this Item.

2. Conditions of Approval. Nothing in this Division shall be construed to prevent the collective provision or shared use of off-street parking facilities for two or more land uses, subject to the following conditions: a. A legal instrument, approved as to form by the City Attorney, is executed by the parties ”‡“—‡•–‹Â?‰ –Š‡ …‘ŽŽ‡…–‹˜‡ —•‡ ‘” •Šƒ”‡† —•‡ ‘ˆ Â‘ÂˆÂˆÇŚÂ•Â–Â”Â‡Â‡Â– ’ƒ”Â?‹Â?‰ ˆƒ…‹Ž‹–‹‡• ƒÂ?† ‹• Ď?‹Ž‡† ™‹–Š –Š‡ ƒ’’Ž‹…ƒ–‹‘Â? ˆ‘” ƒ ‡”–‹Ď?‹…ƒ–‡ ‘ˆ ‘Â?‹Â?‰ ‘Â?’Ž‹ƒÂ?…‡Ǣ b. The collective use or shared use of off-street parking is consolidated into a single, contiguous lot; c. The collective use or shared users demonstrate that parking demand will be generated at different times by different uses; d. In no event shall the total number of spaces required, as computed separately for each use, be reduced to a number less than that required for the land use with the most required parking; and e. All other standards and requirements of this Division are met.

3. Shared Parking Table. Shared parking allows a reduction in the total number of required parking spaces when a parcel is occupied by two or more uses which typically do not experience peak use of parking areas at the same time. When any land or building is used for two or more uses that are within the general use categories listed below, the minimum total number of required parking spaces may be determined by the following procedures: a. Multiply the minimum required parking for each individual use, excluding spaces re•‡”˜‡† ˆ‘” —•‡ „› •’‡…‹Ď?‹‡† ‹Â?†‹˜‹†—ƒŽ• ‘” …Žƒ••‡• ‘ˆ ‹Â?†‹˜‹†—ƒŽ• ȋ‡Ǥ‰Ǥǥ •’ƒ…‡• –Šƒ– ƒ”‡ either posted “reservedâ€?, or secured behind a gate), by the appropriate percentage listed in Table 25.05.030.6.1, Shared ParkingÇĄ ˆ‘” ‡ƒ…Š ‘ˆ –Š‡ Ď?‹˜‡ †‡•‹‰Â?ƒ–‡† –‹Â?‡ periods (shown in columns). „Ǥ ƒŽ…—Žƒ–‡ ƒ •—Â? ˆ‘” ƒŽŽ —•‡• ˆ‘” ‡ƒ…Š ‘ˆ –Š‡ Ď?‹˜‡ –‹Â?‡ ’‡”‹‘†• ȋ…‘Ž—Â?Â?Â•ČŒÇ¤ Š‡ Â?‹Â?‹Â?—Â? parking requirement is the highest of these sums. Set out in Table 25.05.030.6.2, Illustrative Shared Parking Credit Calculation, is an example of how to use Table 25.05.030.6.1, Shared Parking, to calculate required parking. c. In general, the maximum reduction allowed by Table 25.05.030.6.1, Shared Parking, shall be 25 percent. However, a greater reduction may be permitted, provided that: ͳǤ —ˆĎ?‹…‹‡Â?– ŽƒÂ?† ‹• •‡– ƒ•‹†‡ Č‹land-banked) for each parking space in excess of the 25 percent reduction that is not constructed, so that the spaces may be constructed at a later date should the Planning and Zoning Commission determine that they are necessary; and 2.

The property owner executes and records a document, approved as to form by the City Attorney, that guarantees that the spaces will be constructed upon written order of the Administrator.

3. Dimensional Standards for ADA Spaces. The minimum slopes of accessible ramps and minimum dimensions of parking spaces and accessible aisles shall be as shown in Figure 25.05.030.4, ADA Parking Space Dimensions. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎŻĎŹÍ˜Ď° ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎŻĎŹÍ˜Ďą WÄ‚ĆŒĹŹĹ?ĹśĹ? ^ƚƾĚĹ?ÄžĆ?Í• ĆŒÄžÄšĹ?ĆšĆ?Í• ĂŜĚ ZĞĚƾÄ?Ć&#x;ŽŜĆ?

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎŻĎŹÍ˜ĎŻ ZĞƋƾĹ?ĆŒÄžÄš >ŽĂĚĹ?ĹśĹ?

1. Generally. Loading spaces shall be provided for multiple-family, dormitory/fraternity/sorority, nonresidential, and mixed-use development as set out in this Item.

Sioux ity oning C ndZ ign aode S inal C raft –

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F03.23.15

1. Generally. This Item sets out credits and permissible reductions in the number of off-street parking spaces that are required. These credits or reductions are based on a special study or the provision of alternative parking or transportation demand management programs that may reduce the demand for parking spaces. If used in conjunction with Subsection 25.05.030.6, Shared Parking, –Š‡•‡ ”‡†—…–‹‘Â?• Â?ƒ› „‡ ƒ’’Ž‹‡† –‘ ‘Â?‡ –›’‡ ‘ˆ —•‡ ȋ‡Ǥ‰Ǥ ”‡•‹†‡Â?Â–Â‹ÂƒÂŽÇĄ ‘ˆĎ?‹…‡ǥ Â”Â‡Â–ÂƒÂ‹ÂŽÇĄ Ž‘†‰‹Â?‰ǥ ÂˆÂ‘Â‘Â†Č€Â„Â‡Â˜erage, entertainment, and other) to reduce the parking requirement for the use prior to calculating the shared parking reduction.

2. Special Studies. Some of the uses that are listed in the tables set out in Subsection 25.05.030.2, Required Off-Street Parking, have nonlinear or widely varying parking demand characteristics.

Accordingly, the parking requirements of these uses are listed in the tables as “see Subsection 25.05.030.6, Parking Studies, Credits, and Reductionsâ€?. Required parking for these uses shall be established according to the standards of this Item. Special studies may be requested for other uses provided warrant is demonstrated to the City Engineer and approved by the Planning and Zoning Commission for review subject to the standards of this Item. a. Requirements. ͳǤ •’‡…‹ƒŽ •–—†› •ŠƒŽŽ „‡ …‘Â?†—…–‡† „› ƒ “—ƒŽ‹Ď?‹‡†ǥ …‡”–‹Ď?‹‡† –”ƒˆĎ?‹… ‡Â?‰‹Â?‡‡” at the applicant’s and/or owner’s expense.

2.

The special study shall provide: Ǥ ’‡ƒÂ? ’ƒ”Â?‹Â?‰ ƒÂ?ƒŽ›•‹• ‘ˆ ƒ– Ž‡ƒ•– Ď?‹˜‡ ˆ—Â?…–‹‘Â?ƒŽŽ› …‘Â?’ƒ”ƒ„Ž‡ uses.

B. Documentation regarding the comparability of the referenced uses, including: name, function, location, ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒ, parking availability, access to transportation networks (including vehicular, bicycle, pedestrian, and transit, as applicable), use restrictions, and other factors that could affect the parking demand. b. Approval of Special Study.

1.

The City may rely upon the special study or may request additional information or analysis, including, but not limited to: alternative or new data points, or consideration of additional or alternative factors related to comparability or peak demand, as supported by sound engineering principles.

2.

As a condition of approval of a special study, the City may require that land be reserved or land-banked for additional parking if: A. There is a demonstrably high probability the land use could change, resulting in a higher demand for parking; or Ǥ Š‡ ˜ƒ”‹ƒ„‹Ž‹–› ‹Â? –Š‡ •’‡…‹ƒŽ •–—†› Œ—•–‹Ď?‹‡• –Š‡ ”‡•‡”˜ƒ–‹‘Â? ‘ˆ Ġditional land to mitigate a material risk that the land use may be ‹Â?•—ˆĎ?‹…‹‡Â?–Ž› ’ƒ”Â?‡†Ǥ 3.

Areas that are reserved or land-banked shall be of an appropriate location and dimension to provide for the additional parking by connection to existing parking lots.

3. Applicability of Special Studies. The credits and reductions set out in Item 4., below, are not available to uses that base their parking on a special study as set out in Item 2., above, unless the •’‡…‹ƒŽ •–—†›ǯ• Â?‡–Š‘†‘Ž‘‰› •’‡…‹Ď?‹…ƒŽŽ› ƒ††”‡••‡• –Š‡•‡ …”‡†‹–• ƒÂ?† ”‡†—…–‹‘Â?• ƒÂ?† †‡–‡”Â?‹Â?‡• that they are appropriate and will not create a parking shortage.

4. Reduction of Parking or Loading Requirements by Demonstration of Lesser Demand Management. a. The City may approve a reduction in the number of required parking or loading spaces if the applicant demonstrates that such a reduction is appropriate and warranted „ƒ•‡† ‘Â? •’‡…‹Ď?‹… ’ƒ”Â?‹Â?‰ †‡Â?ƒÂ?† ˆ‘”‡…ƒ•–• ˆ‘” –Š‡ ’”‘’‘•‡† —•‡ǥ ’”‘˜‹†‡† Â–ÂŠÂƒÂ–ÇŁ ͳǤ —…Š ˆ‘”‡…ƒ•–• ƒ”‡ Â?ƒ†‡ „› ƒ “—ƒŽ‹Ď?‹‡†ǥ …‡”–‹Ď?‹‡† –”ƒˆĎ?‹… ‡Â?‰‹Â?‡‡”ǥ ƒÂ?† ƒ”‡ „ƒ•‡† —’‘Â? ƒ ’‡ƒÂ? ’ƒ”Â?‹Â?‰ ƒÂ?ƒŽ›•‹• ‘ˆ ƒ– Ž‡ƒ•– Ď?‹˜‡ …‘Â?’ƒ”ƒ„Ž‡ —•‡•Ǣ ƒÂ?† 2.

The comparability of the uses shall be documented in detail, which includes their location, ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒ, street access, use types and restrictions, hours of operation, peak parking demand periods, and all other factors that ™‡”‡ …‘Â?•‹†‡”‡† „› –Š‡ –”ƒˆĎ?‹… ‡Â?‰‹Â?‡‡” –Šƒ– …‘—Ž† ƒˆˆ‡…– ’ƒ”Â?‹Â?‰ †‡Â?ƒÂ?†Ǥ „Ǥ Š‡ ‹–› Â?ƒ› ”‡–ƒ‹Â? ƒ “—ƒŽ‹Ď?‹‡†ǥ …‡”–‹Ď?‹‡† –”ƒˆĎ?‹… ‡Â?‰‹Â?‡‡”ǥ ƒ– –Š‡ ƒ’’Ž‹…ƒÂ?–ǯ• ƒÂ?†Ȁ‘” ‘™Â?er’s expense, to review the parking demand forecast and provide recommendations to the City. c. The City may rely on the applicant’s special study or the special study conducted by the City’s consultant. d. The Planning and Zoning Commission may require that space be reserved or landbanked for additional parking upon a determination that there is a reasonable likelihood that the use itself or the nature of the use could change in a manner that increases its parking demand.

5. Deferred Parking. a. Generally. For many land uses, there are higher demands for parking only during certain events or at special times of the year (e.g., holiday season). Otherwise, during a typical weekday or on a typical weekend day, the amount of required parking is Â?‘”‡ –ŠƒÂ? •—ˆĎ?‹…‹‡Â?– –‘ Â?‡‡– †‡Â?ƒÂ?†•Ǥ Â? –Š‡•‡ ‹Â?•–ƒÂ?…‡•ǥ ƒÂ?† ‹Â? ‘”†‡” –‘ Â?‹Â?‹Â?‹œ‡ unnecessary expanses of impervious area, up to the following percentages of the required parking may be deferred for later improvement: 1.

40 percent in the Business Park (BP) or General Industrial (GI) districts; 2.

30 percent in the Suburban Commercial (SC) or General Commercial (GC) districts; and 3.

20 percent in any other district. b. Warrant. The applicant proposing to defer parking shall demonstrate the following: 1.

The character of the use lowers the anticipated need for off-street parking, and data from similar uses establishes that there is not a present need for the parking; 2.

The deferred, unimproved area will not be needed for parking at any time and will be signed accordingly; 3.

The property for the use is within 600 feet of a route of the Sioux City Tran•‹– ›•–‡Â? –Šƒ– •‡”˜‡• ƒ •‹‰Â?‹Ď?‹…ƒÂ?– ’”‘’‘”–‹‘Â? ‘ˆ ”‡•‹†‡Â?–•ǥ ‡Â?’Ž‘›‡‡•ǥ ‘” customers; 4.

There is an effective private or company car pool, van pool, bus, or similar group transportation program; or 5.

The deferred percentage of residents, employees, and customers regularly walk or use a bicycle or other non-motorized mode of transportation. c. Site Plan. Applicants shall submit a site plan demonstrating that the total required parking can be accommodated on-site and designating the land to be reserved for future parking. d. Notice of ChangeǤ ‘ ’‡”•‘Â? Šƒ˜‹Â?‰ ƒÂ? ‹Â?–‡”‡•– ‹Â? ’”‘’‡”–› •—„Œ‡…– –‘ ‘˜‡”Ď?Ž‘™ ’ƒ”Â?‹Â?‰ and deferral shall fail to notify the Administrator of any change in the conditions set considered in granting the reduction, as set out in Item 4., above. e. Construction of Deferred Parking. The Administrator may require the construction of deferred parking at any time upon 30 days written notice by mail to commence construction of such parking. No person having an interest in the property shall fail to comply with such a notice within a period of 180 days from the date of notice. f. Site Circulation. The parking area shall be designed and constructed in a manner that provides good access and vehicular and pedestrian circulation upon both the initial and ultimate improvement of the parking area (see Figure 25.05.030.5.1, Illustra–‹‘Â? ‘ˆ Â˜Â‡Â”Ď”ÂŽÂ‘Â™ ƒ”Â?‹Â?‰ ‡•‹‰Â?).

4. Special Shared Parking Study. a. As an alternative to the methodology in Table 25.05.030.6.1, Shared Parking, an applicant may submit a special study to demonstrate that the parking required for mixed uses is less than the total of the parking requirements for each individual use or as calculated according to the shared parking provisions set out in Item 3., above. The •’‡…‹ƒŽ •–—†› •ŠƒŽŽ „‡ —Â?†‡”–ƒÂ?‡Â? „› ƒ “—ƒŽ‹Ď?‹‡†ǥ …‡”–‹Ď?‹‡† –”ƒˆĎ?‹… ‡Â?‰‹Â?‡‡”ǥ ƒÂ?† Â•ÂŠÂƒÂŽÂŽÇŁ 1.

Review peak parking demand periods for the proposed uses during a typical 24-hour weekday and during each weekend day, and propose a required number of parking spaces based on the combined peak hour demand for parking. In no case shall the reduction of parking determined by special study be less than 75 percent of the total required parking when each use is computed separately.

2.

Provide data on the following: A. The sensitivity of the proposed uses to change (e.g., a multi-tenant …‡Â?–‡” ™‹–Š Â?‘ ”‡•–ƒ—”ƒÂ?– …‘—Ž† Šƒ˜‡ •‹‰Â?‹Ď?‹…ƒÂ?– …ŠƒÂ?‰‡• ‹Â? ’ƒ”Â?ing if a restaurant is added).

B. Similar mixtures of use in other areas of the community.

C. Degree of variability of parking for individual uses (average, range, and standard deviation). b. The Planning and Zoning Commission may require that space be reserved or landbanked for additional parking upon a determination that there is a reasonable likelihood that the use itself or the nature of the use could change in a manner that increases its parking demand. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎŻĎŹÍ˜Ďł Ĺ?Ä?LJÄ?ĹŻÄž WÄ‚ĆŒĹŹĹ?ĹśĹ?

1. Application. Bicycle parking shall be required as set out in this Item for: a. All parcels proposed for development that have parking lots with more than 25 offstreet parking spaces; and „Ǥ ÂŽÂŽ ‰‘˜‡”Â?Â?‡Â?– ‘ˆĎ?‹…‡•ǥ places of assembly, and education, recreation, and amusement uses set out in Table 25.02.110, Institutional, Recreation, and Amusement Uses.

2. š‡Â?’–‹‘Â?•Ǥ This Item does not apply to the following: a. Single-family detached, single-family attached, and commercial uses of the home as set out in Table 25.02.100.2, Residential and Commercial Uses of the Home. „Ǥ Â?•–‹–—–‹‘Â?ƒŽ —•‡•ǥ ™‹–Š –Š‡ ‡š…‡’–‹‘Â? ‘ˆ ‰‘˜‡”Â?Â?‡Â?– ‘ˆĎ?‹…‡•ǥ ÂŽÂ‹Â„Â”ÂƒÂ”Â‹Â‡Â•ÇĄ ƒÂ?† ’Žƒ…‡• ‘ˆ ĥsembly as set out in Table 25.02.110, Institutional, Recreation, and Amusement Uses. c. All uses set out in Table 25.02.130, Agricultural, Industrial, Utility, and Communication Uses. d. Lots or building sites where there is less than 2,500 square feet of ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒ.

3. —Â?„‡” ‘ˆ ‹…›…Ž‡ ƒ”Â?‹Â?‰ ’ƒ…‡•Ǥ One bicycle parking space is required for each 25 required Â‘ÂˆÂˆÇŚÂ•Â–Â”Â‡Â‡Â– ’ƒ”Â?‹Â?‰ Â•Â’ÂƒÂ…Â‡Â•ÇĄ ‘” ’‘”–‹‘Â? –Š‡”‡‘ˆǤ ˆ –Š‡ Ď?‹Â?ƒŽ …ƒŽ…—Žƒ–‡† Â?—Â?„‡” ‘ˆ „‹…›…Ž‡ ’ƒ”Â?‹Â?‰ •’ƒ…‡• includes a fractional space, then the number of required bicycle spaces is rounded up to the nearest whole number, regardless of the fraction.

4. ‹…›…Ž‡ ƒ”Â?‹Â?‰ ‡•‹‰Â? –ƒÂ?†ƒ”†•Ǥ a. Bicycle parking shall be designed so that racks are securely anchored to a hard surface to prevent easy removal (see Figure 25.05.030.7.1, Illustrative Permitted Bicycle Parking Systems). b. Bicycle racks shall be provided within 50 feet of the main entrance to the principal building and a minimum of 24 inches from any building wall (see Figure 25.05.030.7.2, Distance to Main Building Entrance). c. For sites that have more than one principal building, but are not an institutional campus, the bicycle parking must be within 50 feet of a main entrance as measured along the most direct pedestrian access route, and must be distributed to serve all principal buildings. †Ǥ Š‡”‡ Â?—•– „‡ ƒÂ? ƒ‹•Ž‡ ƒ– Ž‡ƒ•– Ď?‹˜‡ ˆ‡‡– ™‹†‡ „‡Š‹Â?† ƒŽŽ ”‡“—‹”‡† „‹…›…Ž‡ ’ƒ”Â?‹Â?‰ –‘ ƒŽŽ‘™ room for bicycle maneuvering. Where the bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the sidewalk area. e. Bicycle parking facilities shall not interfere with accessible paths of travel or accessible parking as required by the Americans with Disabilities Act (ADA) of 1990. f. In cases where bicycle parking spaces are not visible from the primary street, signage shall be used to direct cyclists safely to bicycle parking areas. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎŻĎŹÍ˜ĎłÍ˜Ď­ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎŻĎŹÍ˜ĎłÍ˜ĎŽ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ 5. ‹…›…Ž‡ ƒ”Â?‹Â?‰ ‘…ƒ–‹‘Â? –ƒÂ?†ƒ”†•Ǥ a. Bicycle parking spaces may be staggered and/or grouped near the entrance of a building for a single-use or located near various entrances for multi-use sites. b. The location of bicycle parking facilities shall be at least as convenient to the main entrance of the primary use as the most convenient automobile parking not reserved for persons with disabilities. …Ǥ Â? ƒ‹•Ž‡ ƒ– Ž‡ƒ•– Ď?‹˜‡ ˆ‡‡– ™‹†‡ •ŠƒŽŽ „‡ ’”‘˜‹†‡† „‡Š‹Â?† ƒŽŽ ”‡“—‹”‡† „‹…›…Ž‡ ’ƒ”Â?‹Â?‰ •’ƒ…es to allow room for bicycle maneuvering and to prevent hazards or obstructions to –Š‡ Â?‘”Â?ƒŽ Ď?Ž‘™ ‘ˆ ’‡†‡•–”‹ƒÂ?• ‹Â?–‘ –Š‡ —•‡Ǥ ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎ°ĎŹ ÄžĆ?Ĺ?Ĺ?Ĺś ĂŜĚ hĆ?Äž 25.05.040.1 Purpose and Application 1. Purpose. The purpose of this Item is to set out standards for the design, use, and appearance of off-street parking areas.

2. Application. The objectives and standards of this Section are to be used in the review and approval of onsite parking areas for all multiple-family, mixed use, institutional, and nonresidential uses. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎ°ĎŹÍ˜ĎŽ ÄžĆ?Ĺ?Ĺ?Ĺś KÄ?ĹŠÄžÄ?Ć&#x;ǀĞĆ?

1. Generally. It is the intent of the City to improve the function and appearance of on-site parking areas. In furtherance of this intent, the objectives set out in this Item are for the purpose of guiding the design and construction of parking areas.

2. Objectives. To achieve well-designed parking areas that facilitate good access and circulation and are both safe and attractive, the following are the general objectives for the design and construction of onsite parking areas: ƒǤ ”‘˜‹†‡ ˆ‘” •ƒˆ‡ ƒÂ?† …‘Â?˜‡Â?‹‡Â?– ‡Â?–”› ƒÂ?† ‡š‹– ‘ˆ ˜‡Š‹…Ž‡• ƒÂ?† ‡ˆĎ?‹…‹‡Â?– …‹”…—Žƒ–‹‘Â? ™‹–Š‹Â? parking areas; „Ǥ ”‘˜‹†‡ ˆ‘” •ƒˆ‡ ’‡†‡•–”‹ƒÂ? ƒ……‡•• ™ƒ›• –Šƒ– ƒ”‡ ’”‘–‡…–‡† ˆ”‘Â? ˜‡Š‹…—Žƒ” –”ƒˆĎ?‹…Ǣ c. Integrate structural and non-structural best management practices to effectively manƒ‰‡ –Š‡ ˜‘Ž—Â?‡ ƒÂ?† Ď?Ž‘™ Â”ÂƒÂ–Â‡ÇĄ ĥ ™‡ŽŽ ĥ –Š‡ …‘ŽŽ‡…–‹‘Â?ÇĄ Â•Â–Â‘Â”ÂƒÂ‰Â‡ÇĄ ƒÂ?† …‘Â?˜‡›ƒÂ?…‡ ‘ˆ stormwater runoff from vehicular use areas; d. Use landscape surface areas and landscape plantings to reduce the heat-island effect during the summer months and to enhance and soften the appearance of parking areas and reduce their visual impacts on the adjacent streets and particularly, resi-

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dential districts and uses; ‡Ǥ ”‘˜‹†‡ •—ˆĎ?‹…‹‡Â?– ƒ”‡ƒ• ˆ‘” •Â?‘™ •–‘”ƒ‰‡ ƒÂ?† ”‡Â?Â‘Â˜ÂƒÂŽÇ˘ ˆǤ •‡ ŽƒÂ?†•…ƒ’‡ ‹•ŽƒÂ?†• ƒÂ?† ’ƒ˜‡Â?‡Â?– Â?ƒ”Â?‹Â?‰• –‘ †‹”‡…– –Š‡ ’ƒ––‡”Â? ƒÂ?† Ď?Ž‘™ ‘ˆ –”ƒˆĎ?‹… within and between parking areas; and g. Provide adequate parking to meet the requirements of Subsection 25.05.030.2, Required Off-Street Parking. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎ°ĎŹÍ˜ĎŻ hĆ?Äž ŽĨ WÄ‚ĆŒĹŹĹ?ĹśĹ? ĂŜĚ >ŽĂĚĹ?ĹśĹ? ĆŒÄžÄ‚Ć?

1. Storage Prohibited. a. Required off-street parking spaces shall be available for operable passenger vehicles of the residents, customers, patrons, and employees of the use to which they relate. b. Storing or displaying materials, boats, campers, recreational vehicles, or inoperable vehicles, or parking trucks or trailers is prohibited in parking areas, unless: 1.

The outdoor storage or display use is permitted in the applicable zoning district and approved for the subject property; and 2.

The areas that are set aside for such parking are not counted towards the parking requirements for the use, as set out in Subsection 25.05.030.2, Required Off-Street Parking; and 3.

The areas that are set aside for such parking comply with the requirements for outdoor storage and display (e.g., buffering or screening, location, size of area, etc.), as set out in Subsection 25.03.100.5, Outdoor Display of Merchandise, and Subsection 25.03.100.6, Outdoor Storage. c. The storage of trailers in loading spaces for a period in excess of 48 hours is prohibited.

Such spaces shall be available for routine use by delivery vehicles. d. Trash enclosures, dumpsters, recycling or donation bins, and transformers shall not be located in required parking areas or in locations that interfere with the circulation or use of parking spaces.

2. ‡Š‹…Ž‡ ‘”� ”‘Š‹„‹–‡†Ǥ No vehicle work of any kind or nature is permitted within off-street parking lots or parking areas.

3. Ž‘…Â?‹Â?‰ ……‡•• ”‘Š‹„‹–‡†Ǥ a. Blocking loading or parking spaces is prohibited. b. Loading or parking spaces shall not be designed or located in a manner that block access –‘ ‘–Š‡” Ž‘ƒ†‹Â?‰ Â•Â’ÂƒÂ…Â‡Â•ÇĄ ’ƒ”Â?‹Â?‰ Â•Â’ÂƒÂ…Â‡Â•ÇĄ †”‹˜‡ ÂƒÂ‹Â•ÂŽÂ‡Â•ÇĄ Ď?‹”‡ ŽƒÂ?‡•ǥ ‹Â?‰”‡•• ‘” ‡‰”‡•• points, or building entrances. However, tandem parking spaces may be used in valet lots. c. Parking within a driveway approach or across public sidewalks is prohibited.

4. Snow Storage. Parking lots and the landscape areas required by Section 25.05.090, Development LandscapingÇĄ •ŠƒŽŽ „‡ †‡•‹‰Â?‡† ƒÂ?† …‘Â?Ď?‹‰—”‡† •‘ –Šƒ– •Â?‘™ …ƒÂ? „‡ ‡ˆĎ?‹…‹‡Â?–Ž› ’Ž‘™‡† ‹Â?–‘ on-site storage areas. Snow storage areas shall be located and designed so that: a. The amount of parking on the site is not reduced below 80 percent of the number of spaces required by Subsection 25.05.030.2, Required Off-Street Parking, when snow is stored on-site; b. Storage of snow does not interfere with circulation on the site or with visibility at points of ingress or egress or at street intersections; c. The location of the snow storage area does not create an unreasonable risk of snow being pushed into public street rights-of-way; †Ǥ Š‡ •Â?‘™ •–‘”ƒ‰‡ ƒ”‡ƒ ‹• Ž‘…ƒ–‡† ƒÂ?† …‘Â?Ď?‹‰—”‡† •‘ –Šƒ– •Â?‘™ …ƒÂ? „‡ ”‡Â?‘˜‡† ˆ”‘Â? –Š‡ site during periods of heavy snowfall that are combined with sub-freezing temperatures; and e. The area under the stored snow is pervious landscape area, and runoff from snowmelt is directed through stormwater best management practices (BMPs) to slow water and improve its quality.

5. ƒŽ‡• ƒÂ?† ˜‡Â?–•Ǥ The hosting of events and sale of goods in a parking lot is prohibited, except when the applicable requirements for temporary sales are met, as set out in Subchapter 25.02-E, Temporary Uses. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎ°ĎŹÍ˜Ď° ^ƉĂÄ?Äž ĂŜĚ DŽĚƾůĞ ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

1. Parking Area Layout. a. Access to Parking Spaces.

1.

All parking areas must be designed to allow vehicles to enter and exit the roadway in a forward motion, except: A. Parking areas with up to four spaces may be designed so that vehicles back into an alley. However, there must be a maneuvering area of at least 20 feet between the end of each parking space and the opposite side of the alley. If the alley is less than 20 feet wide, some of this maneuvering area will be on-site.

B. Parking areas with one or two spaces whose only access is on a local street; 2.

All parking areas must be designed so that a vehicle may enter or exit without having to move another vehicle. b. Parking Space and Aisle Dimensions. Parking spaces and aisles must meet the minimum dimensions set out in Item 2, Dimensions of Standard Parking Spaces, and Item 3, Parking Module Dimensions. c. Parking for Persons with Disabilities. Parking required to meet the American’s with Disabilities Act (ADA) shall be designed in accordance with Subsection 25.05.030.4, Parking for Persons with Disabilities.

2. Dimensions of Standard Parking Spaces. Parking spaces shall have the following dimensions: a. Generally. Nine feet in width by 20 feet in standard depth and 180 square feet in total size. b. Reduced Depth Stall. The standard depth parking stall may be reduced from 20 feet to 18 feet provided there is an allowance for a two-foot vehicle overhang, which requires an additional two foot width of sidewalks, street yards, and landscape strips. (See Figure 25.05.04.4.1, Permitted Vehicle Overhang) &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎ°ĎŹÍ˜Ď°Í˜Ď­ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ c. 90-Degree Parking Spaces that abut a Curb or the Edge of Pavement (allowing for an overhang). Nine feet of width by 18 feet reduced depth provided there is a eight ˆ‘‘– ™‹†‡ •‹†‡™ƒŽÂ? ‘” ƒ Â?‹Â?‹Â?—Â? Ď?‹˜‡ ˆ‘‘– ’ŽƒÂ?–‹Â?‰ ƒ”‡ƒǤ Č‹ ‡‡ ‹‰—”‡ ʹ͡ǤͲ͡ǤͲ͜ͲǤ͜Ǥʹǥ Parking Space Dimensions.) d. Parallel (0-degree) Parking Spaces. Eight feet in width by 20 feet standard depth. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎ°ĎŹÍ˜Ď°Í˜2ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ 3. Parking Module Dimensions. Parking modules shall be dimensioned as shown in Table 25.05.040.4, Parking Module Dimensions. The dimensions that are set out in the table are illustrated in Figure 25.05.040.4.3, Parking Module Standards. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎ°ĎŹÍ˜Ď°Í˜ĎŻ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ

or principal building or accessory building or structure. Â?‹Â?‹Â?—Â? —Â?’ƒ˜‡† Ď?‹˜‡ ˆ‘‘– …Ž‡ƒ” ƒ”‡ƒ ˆ‘” •Â?‘™ •–‘”ƒ‰‡ ‹• ”‡quired on all sides.

E. One large tree or two small trees shall exist or shall be planted in the rear yard for each parking stall. Ǥ Ď?‹˜‡ ˆ‘‘– sight distance triangle shall be maintained, measured linearly from the point of intersection of the parking stall with the alley, in each direction along the alley and parking stall.

2.

For lots with an enclosed garage in the rear yard or with a garage with side street access, one parking stall may be constructed in the rear yard for which access is taken from the alley. All standards of Item 3.a.1., above, apply. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎ°ĎŹÍ˜ĎąÍ˜Ď­ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ c. Rear Yard Parallel Parking Pad. (See Figure 25.05.040.5.2, Parallel Parking Off Alley) Depending on the lot width and location of an enclosed garage or other accessory structure, either one or two parking spaces may be constructed parallel with the alley.

1.

The minimum dimension of each parallel parking stall shall be 10 foot wide by 20 foot long, which allows two extra feet on the alley side for the purpose of maintenance. ʹǤ Š‡”‡ •ŠƒŽŽ „‡ ƒ Â?‹Â?‹Â?—Â? Ď?‹˜‡ ˆ‘‘– •‡–„ƒ…Â? ˆ”‘Â? ƒÂ?› ’”‘’‡”–› Ž‹Â?‡ ‘” ’”‹Â?cipal building or accessory building or structure. ;Ǥ Â?‹Â?‹Â?—Â? —Â?’ƒ˜‡† Ď?‹˜‡ ˆ‘‘– …Ž‡ƒ” ƒ”‡ƒ ˆ‘” •Â?‘™ •–‘”ƒ‰‡ ‹• ”‡“—‹”‡† ‘Â? ƒŽŽ sides.

4.

One large tree or two small trees shall exist or shall be planted in the rear yard for each parking stall. ͡Ǥ Ď?‹˜‡ ˆ‘‘– •‹‰Š– †‹•–ƒÂ?…‡ –”‹ƒÂ?‰Ž‡ •ŠƒŽŽ „‡ Â?ƒ‹Â?–ƒ‹Â?‡†ǥ Â?‡ƒ•—”‡† Ž‹Â?‡ƒ”Ž› from the point of intersection of the parking stall with the alley, in each direction along the alley and parking stall. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎ°ĎŹÍ˜ĎąÍ˜ĎŽ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ d. Side Street Head-In Parking. (See Figure 25.05.040.5.3, Side Street Head-In Parking) ͳǤ Â’ –‘ ˆ‘—” ÂŠÂ‡ÂƒÂ†ÇŚÂ‹Â? ’ƒ”Â?‹Â?‰ •–ƒŽŽ• Â?ƒ› „‡ ’‡”Â?‹––‡† •—„Œ‡…– –‘ ƒÂ? ƒˆĎ?‹”Â?ƒ–‹˜‡ recommendation of the Administrator and subsequent review and approval of the Planning and Zoning Commission who, in order to grant approval, •ŠƒŽŽ Ď?‹Â?†ǣ A. The use of the subject property and other properties in the immediate vicinity warrant additional off-street parking by reason of the number of dwelling units and the resulting density of people and vehicles; B. The use of side street parking is reasonable given the existing conditions and the interests of public safety; C. The street from which access is proposed to be taken is not a collector street or arterial street or an emergency snow route; D. The street right-of-way is of a width that can safely accommodate the necessary parking movements; Ǥ Š‡ •—„Œ‡…– ’”‘’‡”–› ‹• ‘ˆ ƒ •—ˆĎ?‹…‹‡Â?– •‹œ‡ ƒÂ?† ‹• ƒ””ƒÂ?‰‡† ‹Â? •—…Š ƒ manner so as to accommodate the proposed parking; Ǥ Š‡”‡ ‹• ƒ •‡˜‡”‡ †‡Ď?‹…‹‡Â?…› ‘ˆ ’ƒ”Â?‹Â?‰ –Šƒ– ‹• …ƒ—•‹Â?‰ —Â?†—‡ …‘Â?‰‡•–‹‘Â?ÇĄ –”ƒˆĎ?‹… ‹Â?’‡†ƒÂ?…‡ǥ ‹••—‡• ‘ˆ –”ƒˆĎ?‹… ƒÂ?†Ȁ‘” ’‡†‡•–”‹ƒÂ? safety, and/or impacts on neighboring properties; G. Side street parking will improve the above conditions; and H. The construction of side street parking will not negatively impact the character of the existing neighborhood.

2.

For 90o head-in parking, the maximum width is 16 feet (single stall), 20 feet (two stall), 27 feet (three stall), or 36 feet (four stall), and the maximum depth is 20 feet.

3.

For 45o or 60o parking, the maximum width and depth shall be in accordance with the dimensions set out in Table 25.05.040.5, Parking Module Dimensions.

4.

Any area outside of the public right-of-way that is required to accommodate the street side head-in parking shall be recorded as a street easement, approved as to form by the City Attorney; 5.

The sidewalk shall be relocated and reconstructed (or constructed if it did not exist prior to the parking improvement) to provide continuity of the existing sidewalk system.

6.

There is a minimum 12 foot setback from any principal building and a miniÂ?—Â? Ď?‹˜‡ ˆ‘‘– •‡–„ƒ…Â? ˆ”‘Â? ƒÂ?› ƒ……‡••‘”› „—‹Ž†‹Â?‰Ǥ 7.

One large tree or two small trees shall exist or shall be planted in the side yard for each parking stall. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎ°ĎŹÍ˜ĎąÍ˜ĎŻ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ Ǥ

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎ°ĎŹÍ˜Ď˛ sĞŚĹ?Ä?ĹŻÄž ^ƚĂÄ?ĹŹĹ?ĹśĹ?

1. Generally. Stacking spaces are used to measure the capacity of a drive-through lane to hold vehicles while transactions are taking place at drive-through stations. Stacking spaces measure nine feet wide by 20 feet in length and provide direct access to a service window. The position in front of a drive-through station (e.g., a service window, ATM, or station at a drive-through bank) is counted as a stacking space.

2. Requirements. Uses that include drive-through service shall not have fewer than the following number of stacking spaces: a. Bank or credit union, commercial retail, dry cleaning and laundry, convenience stores, or pharmacies (or functionally similar uses): Four stacking spaces per drive-through station. b. Drive-through restaurants (or functionally similar uses): 1.

If two service windows are provided (one for payment and one for pickup): A. Four stacking spaces to each menu board; Ǥ ‘—” •–ƒ…Â?‹Â?‰ •’ƒ…‡• „‡–™‡‡Â? –Š‡ Â?‡Â?— „‘ƒ”† ƒÂ?† –Š‡ Ď?‹”•– ™‹Â?†‘™ ȋ‹Â?…Ž—†‹Â?‰ –Š‡ ’‘•‹–‹‘Â? ƒ– –Š‡ Ď?‹”•– ™‹Â?Â†Â‘Â™ČŒÇ˘ ƒÂ?† Ǥ ™‘ •’ƒ…‡• „‡–™‡‡Â? –Š‡ Ď?‹”•– ™‹Â?†‘™ ƒÂ?† –Š‡ •‡…‘Â?† ™‹Â?dow (including the position at the second window). See Figure 25.05.040.6, Illustrative Stacking Requirements.

2.

If one service window is provided (for both payment and pick-up): A. Six stacking spaces to each menu board; and B. Five stacking spaces between the menu board and the service window. c. Drive-through only uses such as vending kiosks or ATMs (or functionally similar uses): In „—‹Ž†‹Â?‰• ™‹–Š Ž‡•• –ŠƒÂ? ;ͲͲ •“—ƒ”‡ ˆ‡‡– ‘ˆ ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒ ƒÂ?† Â?‘ •‡’ƒ”ƒ–‡ Â?‡Â?— board (e.g., coffee stands): Three stacking spaces per service window. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎ°ĎŹÍ˜Ď˛ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ 3. Design. a. Stacking lanes shall not be the only entry or exit lane on the premises. b. Stacking lanes shall be clearly marked and shall not interfere with on-site and off-site –”ƒˆĎ?‹… ƒÂ?† ’‡†‡•–”‹ƒÂ? …‹”…—Žƒ–‹‘Â?Ǥ c. Order boards, service windows, and stacking lanes shall not be located between the facade of a building and the public street upon which the building fronts. Such facilities and the stacking lane may be located adjacent to a street side yard provided they are screened with a Type B Bufferyard (see Subsection 25.05.100.1, Bufferyard Types). d. Stacking lanes shall be designed with an abutting 10 foot wide bypass lane. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎ°ĎŹÍ˜Ďł ^ĆľĆŒÄ¨Ä‚Ä?Ĺ?ĹśĹ? ĂŜĚ DÄ‚Ĺ?ŜƚĞŜĂŜÄ?Äž

4. ”ƒˆĎ?‹… ‘Â?–”‘Ž ‡˜‹…‡•Ǥ All –”ƒˆĎ?‹… …‘Â?–”‘Ž †‡˜‹…‡• (e.g., signs, markings, and signals) shall conform to the ƒÂ?—ƒŽ ‘Â? Â?‹ˆ‘”Â? ”ƒˆĎ?‹… ‘Â?–”‘Ž ‡˜‹…‡• Č‹ ČŒ, latest edition, published by the Federal Highway Administration (FHWA) under 23 Code of Federal Regulations (CFR), Part 655, Subpart F. 5. ‡”–‹…ƒŽ Ž‡ƒ”ƒÂ?…‡Ǥ A vertical clearance of not less than eight feet shall be provided over all parking spaces. Additional clearance shall be provided for larger vans, sport utility vehicles, and light trucks that require such clearance if parking demand for such vehicles is anticipated. All parking garage entrances shall include an overhead bar to alert oversized vehicles regarding clearance.

6. Large Parking Lots. Large parking areas in the Mixed Use (MU), General Commercial (GC), Casino Entertainment (CE), and Public and Institutional (PI) districts that are more than 125,000 square feet must contain the following elements: a. Internal access ways that are not drive aisles providing access to parking stalls must divide the parking area into smaller areas that are no greater than 55,000 square feet; b. The access ways must connect to an internal loop or ring road at least every 250 feet; c. Access to the adjacent collector street or arterial streets shall be in accordance with Section 25.05.050, Access Management and Maintenance, or as otherwise required by the City. d. Each internal access way must have at least one auto travel lane, curbs, and unobstructed sidewalks no less than along every third access way, which shall be met in one of the following ways: 1.

Sidewalks must be at least 10 feet wide and planted with trees as follows: A. one large tree per 30 linear feet of sidewalk; B. one evergreen tree per 22 linear feet of sidewalk; or C. one small tree per 15 linear feet of sidewalk. Trees of different types and sizes may be combined to meet this standard. Trees must be planted in the center of unpaved tree wells that must be at least 18 square feet in area, with a minimum dimension of three feet. The unpaved area may be covered with a tree grate. Tree wells must be adjacent to the curb, and must be located so there is at least six feet of unobstructed sidewalk; or 2.

Sidewalks must be at least six feet wide. There must be a planting strip at least four feet wide. The planting strip must be between the curb and the sidewalk and be landscaped with two shrubs per 400 square feet of landscaped area in addition to the trees required in Item 6.d.1., above. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎ°ĎŹÍ˜Ďą >Ĺ˝Ä?Ä‚Ć&#x;ŽŜ 1. Location of Off-Street Parking. a. Nonresidential On-Site, Off-Street Parking.

1.

On-site, off-street parking shall be set back behind any required bufferyard as set out in Section 25.05.100, Bufferyards.

2.

Parking spaces, aisles, and turning areas shall not encroach upon or overhang any street, driveway, or public street right-of-way. b. Residential On-Site, Off-Street Parking.

1.

No parking space is permitted in any front yard or street side yard, except parking is permitted for passenger cars, vans, pick-up trucks, or similar vehicles where the space is: A. Outside of an enclosed garage provided the surface is constructed of Portland cement concrete (PCC) or hotmix asphalt; or B. In the absence of an enclosed garage, on a single driveway no greater than 16 feet in width that is in a location on the lot where an enclosed garage may be lawfully built (see Section 25.03.090, Residential Use Accessory and Supplemental Standards, Item 7, Detached Garages in the Neighborhood Conservation (NC) Sub-districts).

2.

Guest parking in excess of the minimum parking requirements set out in Subsection 25.05.030.2, Required Off-Street Parking, may be permitted in platted guest parking areas and/or islands. Parking islands are permitted ™‹–Š‹Â? ‡Â?Žƒ”‰‡† Â…Â—ÂŽÇŚÂ†Â‡ÇŚÂ•ÂƒÂ…Â• ’”‘˜‹†‡† –Š‡ –—”Â?‹Â?‰ ”ƒ†‹‹ ‹• •—ˆĎ?‹…‹‡Â?– –‘ ƒ……‘Â?Â?‘†ƒ–‡ Ď?‹”‡ ƒ’’ƒ”ƒ–—• ƒÂ?† ‘–Š‡” Žƒ”‰‡ ˜‡Š‹…Ž‡• ƒÂ?† –”—…Â?•Ǥ Â? Â?‘ …ƒ•‡ shall the required parking be located within guest parking areas and/or islands.

2. Remote Parking. For multiple-family, mixed use, and nonresidential development, required offstreet parking may be provided on another parcel, subject to the following: a. The distance from the parcel proposed for development to the remote parking area shall not exceed 660 feet. Such distance shall be measured along established pedestrian routes, from the nearest point of the parking facility to the nearest point of entrance to the building, structure, or use served by the facility. b. Remote parking shall be located on property that is reasonably accessible to the parcel proposed for development, which is also zoned for multiple-family, mixed use, or nonresidential use.

3. ƒ”Â?‹Â?‰ ‹Â? –Š‡ Ǥ͜ ƒÂ?† Ǥ͡ —„nj ‹•–”‹…–•. These sub-districts allow single-family detached, single-family attached, and multiple-family dwellings that are of moderate to high gross density, as well as nonresidential uses that are existing as of the effective date of this Code or allowed in the NC.4 and NC.5 sub-districts. To alleviate congestion and reduce the amount of on-street parking, onsite parking may be provided in these sub-districts, which may take access from an alley or a side street, as provided below. a. General Standards.

1.

The surface of parking pads in the rear yard that take access to an alley and street side head-in parking shall be constructed of Portland cement concrete (PCC) or of the same or a comparable surface to that of the public street, as approved by the City Engineer.

2.

The one-time exemption from the building coverage ratio limitations set out in Section 25.03.090, Residential Use Accessory and Supplemental Standards, Item 7, Detached Garages in the Neighborhood Conservation (NC) subdistricts, may be used either for construction of up to 450 square feet of †‡–ƒ…Š‡† ‰ƒ”ƒ‰‡ Ď?Ž‘‘” ƒ”‡ƒ ‘” ˆ‘” –Š‡ …‘Â?•–”—…–‹‘Â? ‘ˆ ‘Â?‡ ‘ˆ –Š‡ ˆ‘ŽŽ‘™‹Â?‰ off-street parking options, but not both improvements. b. Rear Yard Parking Pad. (See Figure 25.05.04.5.1, Head-In Parking Off Alley) 1.

For lots without an enclosed garage or lots within an enclosed garage with street access from the front, a maximum of two parking stalls may be constructed in the rear yard for which access is taken from the alley.

A. For 90o head-in parking, the maximum width is 16 feet (single stall), 20 feet (two stall), or 27 feet (three stall) and the maximum depth is 20 feet.

B. For 45o or 60o parking, the maximum width and depth shall be in accordance with the dimensions set out in Table 25.05.040.4, Parking Module Dimensions. Ǥ Š‡”‡ •ŠƒŽŽ „‡ ƒ Â?‹Â?‹Â?—Â? Ď?‹˜‡ ˆ‘‘– •‡–„ƒ…Â? ˆ”‘Â? ƒÂ?› ’”‘’‡”–› Ž‹Â?‡

Sioux ity oning C ndZ ign aode S inal C raft –

D

F03.23.15

1. Surfacing. Off-street parking and vehicular use areas shall be surfaced as follows: a. In general, off-street parking areas that are required to have more than three parking spaces shall be graded and constructed of Portland cement concrete (PCC) or asphalt as approved by the City Engineer. Such surface must protect against potholes, erosion, and dust. b. In appropriate locations, the City Engineer may permit less durable surfaces for portions of off-street parking facilities provided that: ͳǤ Š‡ ’‡”‹Â?‡–‡” ‘ˆ •—…Š ƒ”‡ƒ• ƒ”‡ †‡Ď?‹Â?‡† „› …—”„‹Â?‰ǥ „”‹…Â?•ǥ •–‘Â?‡•ǥ ”ƒ‹Ž”‘ƒ† ties, or other similar devices; 2.

Surfaces with loose materials are set back at least 25 feet from public street right-of-way; 3.

The material does not generate an inordinate amount of dust; 4.

It is located in areas proximate to and in combination with on-site storm water control devices; and 5.

The area does not exceed 25 percent of the required parking area for the site.

2. Maintenance. Off-street driveways, parking surfaces, access aisles, and –”ƒˆĎ?‹… …‘Â?–”‘Ž †‡˜‹…‡• shall be kept in good condition and parking space lines or pavement markings on hard-surfaced lots shall be kept clearly visible and distinct.

Sec. 25.05.050 Site Access 1. ……‡•• –‘ ‹Â?‰Ž‡nj ƒÂ?‹Ž› ƒÂ?† —’Ž‡š ‘–•Ǥ a. Existing Lots. Existing access to single-family detached and duplex lots from arterial or collector streets is permitted. However, the existing access shall be moved from the arterial or collector to a local street if: 1.

The lot has access to a local street; and 2.

The principal building is redeveloped or substantially improved (or a new principal building is constructed). b. New Lots. New single-family detached, duplex, or single-family attached dwelling units shall not take access to arterial or collector streets unless they have more than 200 feet of frontage and the driveway is designed to prevent vehicles from backing onto an arterial or collector street. c. Driveway Widths. Driveways that provide access to single-family detached, duplex, or single-family attached dwelling units shall be not less than 12 feet wide and not more than 32 feet wide at the property line. Driveway width shall be maintained at a width of no greater than 32 feet between the property line and the garage or carport opening, except that it may be expanded for additional parking or where a turnaround is required to avoid backing onto an arterial or collector street.

2. Access Management Standards. a. Generally. Parcels proposed for development with uses other than single-family detached, duplex, or single-family attached dwelling units shall comply with the following access management standards: 1.

Parcels that front on arterials and collectors shall provide cross-access to each other unless cross-access is demonstrated as infeasible.

2.

Where connections to abutting parcels are possible, but not currently provided: A. The parcel proposed for development shall include a stub-out at a location that allows for a reasonable connection on the abutting parcel (e.g.., one that allows for reasonable development of both parcels) in the future; and B. The applicant shall record a cross-access easement in a form acceptable to the City Attorney to allow for future connection of the stub-out to a comparable facility on the abutting parcel.

3.

Access shall be spaced according to the standards of Item 3., below. Temporary access (or a continuation of current access) may be provided to parcels which cannot comply with this requirement, provided that reasonable access is unavailable through improved cross access easements or consolidation of abutting lots. ͜Ǥ ……‡•• •ŠƒŽŽ „‡ †‡•‹‰Â?‡† •‘ –Šƒ– ˜‡Š‹…Ž‡• †‘ Â?‘– „ƒ…Â? ‹Â?–‘ –”ƒˆĎ?‹…Ǥ b. Degree of Compliance. If the width of a lot or other constraint prevents an individual access from being compliant with Item 3., below, then common access shall be provided via joint access and/or cross access easements. Even if common access does not achieve compliance with Item 3., below, it shall be utilized if it creates spacing of greater width or safety between access points than would be provided in the absence of common access. c. Driveway Widths. Driveways for all uses other than single-family detached, duplex, and single-family attached dwelling units shall be at least 25 feet wide, but not more than 45 feet wide (at the property lineČŒÇĄ ƒÂ?† …‘Â?Ď?‹‰—”‡† –‘ †‹”‡…– –”ƒˆĎ?‹… •ƒˆ‡Ž› ‹Â?–‘ and out of the parcel proposed for developmentǤ —…Š …‘Â?Ď?‹‰—”ƒ–‹‘Â? Â?ƒ› ”‡“—‹”‡ median separation between ingress lanes and egress lanes. d. Alternative Access for Corner Lots. Lots that abut intersections of arterial streets and local streets shall take access from the local street if the access meets the corner clearance requirements of Item 3., below. e. Timing of Compliance with this Division.

1.

New development, redevelopment, or substantial improvement shall demonstrate compliance with this Division for each required development approval.

2.

Properties with access connections that do not meet the requirements of this Division shall be brought into compliance to the greatest extent prac–‹…ƒ„Ž‡ ™Š‡Â? Â?‘†‹Ď?‹…ƒ–‹‘Â?• –‘ –Š‡ •–”‡‡– ƒ”‡ Â?ÂƒÂ†Â‡ÇĄ ‘” ™Š‡Â? ƒ …ŠƒÂ?‰‡ ‹Â? —•‡ results in one or more of the following conditions: A. An access connection permit is required; B. A plat is required; C. A site plan is required; D. A building permit is required; E. An occupational license is required; and/or F. The site will generate an increase of 20 percent or greater in peak hour trips or 100 vehicles per hour in the peak hour, whichever is less, as determined by one of the following methods: i.

An estimation based on the Institute of Transportation Engineers (ITE) Trip Generation Manual (latest edition) methodology for typical land uses; or ‹‹Ǥ ”ƒˆĎ?‹… …‘—Â?–• Â?ƒ†‡ ƒ– •‹Â?‹Žƒ” –”ƒˆĎ?‹… ‰‡Â?‡”ƒ–‘”• Ž‘…ƒ–‡† ‹Â? the City; or ‹‹‹Ǥ …–—ƒŽ –”ƒˆĎ?‹… Â?‘Â?‹–‘”‹Â?‰ …‘Â?†—…–‡† †—”‹Â?‰ –Š‡ ’‡ƒÂ? Š‘—” ‘ˆ –Š‡ ƒ†Œƒ…‡Â?– ”‘ƒ†™ƒ› –”ƒˆĎ?‹… ˆ‘” –Š‡ ’”‘’‡”–›Ǥ 3.

If the principal activity on a parcel with access connections that do not meet the regulations of this Division is discontinued for a period of one year or more, then upon re-establishment of any use, the parcel must comply with all applicable access requirements of this Division to the extent

practicable.

3. Access Spacing and Corner Clearance. a. Generally. Access points include streets, alleys, driveways, and access roads. Spacing of access points shall be provided as set out in this Item, or as set out in the Statewide ”„ƒÂ? ‡•‹‰Â? ƒÂ?† ’‡…‹Ď?‹…ƒ–‹‘Â?• Č‹ ČŒ ƒÂ?—ƒŽǤ b. Measurements. Generally, the requirements of this Item are measured along the edge of –Š‡ –”ƒ˜‡Ž Â™ÂƒÂ›ÇĄ ˆ”‘Â? –Š‡ …Ž‘•‡•– ‡†‰‡ ‘ˆ ’ƒ˜‡Â?‡Â?– ‘ˆ –Š‡ Ď?‹”•– ƒ……‡•• …‘Â?Â?‡…–‹‘Â? –‘ the closest edge of pavement of the second access connection, including curb returns. This type of spacing is shown in Figure 25.05.050.1, Illustrative Access Spacing and Corner Clearance Measurements, as “spacing, same sideâ€?. However, access spacing on opposite sides of the street are measured at the centerlines of the access points. This type of spacing is shown in Figure 25.05.050.1, Illustrative Access Spacing and Corner Clearance Measurements, as “spacing, opposite sideâ€?. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎąĎŹÍ˜Ď­ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ c. Access Spacing, Same Side of the Street. The minimum access spacing for access points on the same side of the street is set out in Table 25.05.050.1, Access Spacing, Same Side of the Street.

d. Access Spacing, Opposite Sides of the StreetǤ Â? ‘”†‡” –‘ ’”‡˜‡Â?– …‘Â?Ď?Ž‹…–‹Â?‰ ÂŽÂ‡ÂˆÂ–ÇŚÂ–Â—Â”Â? movements, connections on opposite sides of arterial and collector streets shall be directly opposite each other or offset by a distance of at least 125 feet, unless a Â?‡†‹ƒÂ? ‘” †‹˜‡”–‡” ’”‡˜‡Â?–• –Š‡ ’‘–‡Â?–‹ƒŽ …‘Â?Ď?Ž‹…–•Ǥ e. Corner Clearance.

1.

The minimum corner clearance for access points is set out in Table 25.05.050.2, Minimum Corner Clearance. The means for using the table is illustrated in Figure 25.05.050.2, Illustrative Minimum Corner Clearance.

2.

The distances that are set out in the table are minimums. Since site and intersection design must be considered on an individual basis, greater clearance lengths may be required by the City Engineer if necessary to protect public safety.

3.

Shared access may be used to meet the requirements of this Item. If the dimensions of an existing lot and the absence of a reasonable opportunity for shared access make compliance with this Item impractical, then rightin, right-out access may be permitted at the farthest available point away from the intersection. For example, a fueling station that cannot establish shared access with neighboring properties may be permitted to have two right-in, right-out access points (one on each frontage), provided that they are located as far away from the intersection as possible. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎąĎŹÍ˜ĎŽ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ

4. Number of Access Points. a. Generally.

1.

The maximum number of access points allowed will be the smallest number of access points that are necessary to accommodate the peak hour demands of the site.

2.

The maximum number of access points may be increased if: A. The lot fronts on an arterial and there are one or more side streets ‘ˆ Ž‡••‡” ˆ—Â?…–‹‘Â?ƒŽ …Žƒ••‹Ď?‹…ƒ–‹‘Â?Ǣ B. Access to the site will be provided from the streets of lesser func–‹‘Â?ƒŽ …Žƒ••‹Ď?‹…ƒ–‹‘Â?Ǣ ƒÂ?† C. The total number of access points along the arterial frontage is reduced. b. Limitation. Nothing in this Item supersedes the other access management requirements of this Division or Code.

5. Common Access and Internal Cross Access. a. Generally.

1.

Access that is shared by adjacent nonresidential or mixed use properties, whether under single or separate ownership, shall be preserved using an appropriate legal instrument acceptable to the City Attorney, approved by the Administrator, and recorded in the public records at the applicant’s expense. The obligation to provide and maintain the cross-access shall run with the land. The recorded book and page number of the legal instrument shall be referenced on any subsequent approved site plans or subdivision plats of the property.

2.

If there is an existing shared access for which there is no recorded legal documentation, the shared access shall continue and appropriate legal documentation shall be executed in a form acceptable to the City Attorney and recorded. b. Terms. The City may require that common and cross access easements include one or more of the following: ͳǤ —ˆĎ?‹…‹‡Â?– ™‹†–Š –‘ ƒ……‘Â?Â?‘†ƒ–‡ ƒ Â–Â™Â‘ÇŚÂ™ÂƒÂ› ƒ……‡•• „‡–™‡‡Â? ’”‘’‡”–‹‡•ǥ designed to accommodate automobiles and service and loading vehicles.

2.

Stub-outs and other design features to allow abutting properties to be tied in to provide future cross access.

3.

Linkage to other cross access drives in the area. ^h , Wd Z ĎŽĎąÍ˜ĎŹĎąÍ˛ > E ^ W/E' E h&& Z/E' Sec. 25.05.060 Purpose The purpose of this Division is to establish landscaping standards that preserve native vegetation that contributes to the natural character of the City, enhance the appearance and character of the City, improve the compatibility of abutting uses, and protect the ecological and recreational value of the City’s beautiful natural resources. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎłĎŹ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ 1. Generally. This Division requires two types of landscaping: a. Development Landscaping. See Section 25.05.090, Development Landscaping. b. Bufferyard Landscaping. See Section 25.05.100, Bufferyards. Bufferyards are required based on zoning, development type, or right-of-way type that abuts a parcel proposed for development. Bufferyards may be required along and between: 1.

District boundaries; 2.

Housing types within mixed housing neighborhoods and traditional neighborhood development; and 3.

Different types or intensities of uses within a mixed use development.

2. Application of Standards. This Division applies to all new development, redevelopment, and substantial improvementsÇĄ ƒÂ?† ™Š‡”‡ •’‡…‹Ď?‹…ƒŽŽ› ‹Â?Â†Â‹Â…ÂƒÂ–Â‡Â†ÇĄ –‘ ‡š‹•–‹Â?‰ –”‡‡• ƒÂ?† ŽƒÂ?†•…ƒ’‹Â?‰Ǥ Š‡ application of this Division may be limited by Subchapter 25.06-C, Nonconformities.

3. Adjustments and Changes. a. Necessary or requested adjustments or changes to the requirements of this Division may only be by reason of: 1.

Unnecessary hardship caused by the strict interpretation of this Code.

2.

Conditions that have not been brought about by action of the applicant or owner; and 3.

Site constraints or impracticalities that are due to special conditions of the property that do not exist on other properties in the same zoning district; b. In these instances, the Planning and Zoning Commission may consider allowing minor adjustments to the landscape plan if the standards of approval may not be reasonably met, by considering approval, approval with conditions, or denial of the site plan.

4. š…‡’–‹‘Â?•Ǥ The following are exceptions to the standards of this Division: a. Individual lots of record that are used for existing single-family detached or single-family attached dwellings unless required by this Division (see Subsection 25.05.080.2, Tree Protection). „Ǥ ‘†‹Ď?‹…ƒ–‹‘Â?• –‘ Â?‘Â?”‡•‹†‡Â?–‹ƒŽ „—‹Ž†‹Â?‰• ™Š‡”‡ –Š‡ „—‹Ž†‹Â?‰ ‡š’ƒÂ?•‹‘Â? ‘” redevelopment does not exceed the ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒ of the existing building by more than 10 percent or 3,000 square feet, whichever is less. c. Sites that are proposed for redevelopment or substantial improvement, where due to the geometry of the site or existing improvements, installation of landscaping in compliance within this Division would be impractical or unreasonable, in which case the City may approve a lesser landscaping requirement, provided that the reduction of landscaping standards is only the extent necessary to make the installation practicable. In no case shall this exception be interpreted to lessen these requirements for reasons other than those provided. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎ´ĎŹ 'ÄžĹśÄžĆŒÄ‚ĹŻ ZĞƋƾĹ?ĆŒÄžĹľÄžĹśĆšĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎ´ĎŹÍ˜Ď­ WůĂŜƚ DÄ‚ĆšÄžĆŒĹ?Ä‚ĹŻĆ?

1. Approved Landscape Plants. Only approved landscape plant materials count towards the landscape requirements of this Division. A list of approved plant materials is set out in Appendix A, Plant List.

2. Allowed Landscape Plants. Plants that are not listed on the approved plant list are allowed, but they are not counted towards compliance with this Division. Applicants who wish to count such plants are advised to seek an amendment to the approved plant list to include them. Plants may be added to the list if it is demonstrated by credible evidence that the species is not subject to: a. The Iowa State Noxious Weed List, U.S. Department of Agriculture; or b. The Iowa Noxious Weeds and the Iowa Weed Law, set out in Chapter 317, Code of Iowa, 1997; and c. Is either native to the region or not invasive; and d. Provides habitat for native wildlife or migratory birds.

3. Prohibited Plants. ŽƒÂ?– •’‡…‹‡• –Šƒ– ƒ”‡ •—„Œ‡…– –‘ –Š‘•‡ •’‡…‹Ď?‹…ƒŽŽ› …ƒŽŽ‡† ‘—– ‹Â? –‡Â? ʹǤǥ above, are not allowed and may not be sought for addition to the approved plant list.

4. —ƒŽ‹–› ‘ˆ ‡™ Žƒ�–‹�‰•. All landscape material shall be in compliance with the standards of the American Nursery and Landscape Association.

5. Water-Wise Landscaping. a. Plant Selection and Grouping Requirements.

1.

Low water use plants (including grasses) are required on slopes that are steeper than 25 percent, and in all areas that are less than eight feet wide or ‘–Š‡”™‹•‡ †‹ˆĎ?‹…—Ž– –‘ ‹””‹‰ƒ–‡ ƒÂ?† Â?ƒÂ?ƒ‰‡ ȋ—Â?Ž‡•• •—…Š ƒ”‡ƒ• ƒ”‡ …Šƒ”ƒ…–‡”ized by hydric soils).

2.

Not more than 50 percent of the trees and shrubs that are installed to meet –Š‡ ”‡“—‹”‡Â?‡Â?–• ‘ˆ –Š‹• ‹˜‹•‹‘Â? Â?ƒ› „‡ …Žƒ••‹Ď?‹‡† ĥ Š‹‰Š ™ƒ–‡” —•‡Ǥ ŽƒÂ?–• or trees growing produce for human consumption are not counted in this calculation.

3.

Plants shall be selected based on their adaptability to the site. Native vegetation shall be installed, or protected and preserved when possible. b. Mulch. Mulch, such as bark, stone, or other materials left loose or other water saving treatments shall be used for all planting areas, except turf, in order to help maintain soil moisture and inhibit weeds.

6. Minimum Size of Plants at Installation. Plant material that is installed to comply with the requirements of this Division shall be the following sizes as set out in Table 25.05.080.1, Minimum Size of Plants at Installation.

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎ´ĎŹÍ˜ĎŽ dĆŒÄžÄž WĆŒĹ˝ĆšÄžÄ?Ć&#x;ŽŜ 1. Generally. Existing trees that are to be counted towards the landscaping requirements of this Division shall be protected according to the requirements of this Section.

2. Tree Protection Requirements. The following efforts shall be utilized to retain existing trees: a. Parking areas and building sites shall be located to the maximum extent practicable to preserve existing trees. b. Grates or other pervious materials or surfaces shall be utilized within the drip line (outermost limit of horizontal branch extension) of existing trees to allow water and air to reach the tree roots. c. Fill shall be prohibited in areas under the drip line of existing trees. d. Drastic changes in drainage patterns which might negatively affect existing trees shall be avoided. e. All trees to be retained shall have perimeter fencing at the extreme outer edge of the tree …ƒÂ?‘’›Ǥ Š‡ ˆ‡Â?…‹Â?‰ •ŠƒŽŽ „‡ Ď?Žƒ‰‰‡† ™‹–Š ›‡ŽŽ‘™ …ƒ—–‹‘Â? –ƒ’‡ ‘” ›‡ŽŽ‘™ ’‡Â?Â?ƒÂ?–•ǥ

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Walls; and †Ǥ Š‡ ‘™Â?‡”ǯ• Ď?‹Â?ƒŽ ’Žƒ– ‘”ǥ ‹ˆ Â?‘ ’Žƒ– ‹• ”‡“—‹”‡†ǥ †‡˜‡Ž‘’Â?‡Â?– ÂƒÂ’Â’Â”Â‘Â˜ÂƒÂŽÇĄ ‹Â?…Ž—†‡• ƒÂ? ƒÂ?notation regarding the owner’s responsibilities under the agreement required by 3.c., above.

and shall remain in place throughout the construction period. There shall be no activity of any kind inside the perimeter. No land clearing or building permits shall be issued until the perimeter of all protected trees and tree stands have been properly fenced. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎ´ĎŹÍ˜ĎŻ ĆŒÄžÄšĹ?Ćš Ä¨Ĺ˝ĆŒ džĹ?Ć?Ć&#x;ĹśĹ? dĆŒÄžÄžĆ?

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎŹĎŹÍ˜Ď° ŽŜĆ?ĆšĆŒÄ‚Ĺ?ŜĞĚ ĆľÄŤÄžĆŒÇ‡Ä‚ĆŒÄšĆ?

1. Generally. Credit may be given for the preservation of existing trees and shrubs, as provided in this Item.

2. ‘Â?†‹–‹‘Â? ‘ˆ š‹•–‹Â?‰ ƒÂ?†•…ƒ’‹Â?‰Ǥ Existing landscaping is eligible for credit only if: a. It is healthy and in good structural condition; „Ǥ – ‹• ‘Â? –Š‡ ƒ’’”‘˜‡† ’ŽƒÂ?– Ž‹•– †‡Ď?‹Â?‡† ‹Â? ’’‡Â?†‹š ÇĄ Plant List; and c. It is located: 1.

Within the area where the credit will be applied (e.g., trees preserved in a parking lot are counted as parking lot landscaping); or 2.

Within 15 feet of such area and situated such that it will contribute to the purpose of the landscape area to which it is credited (e.g., a tree located within 15 feet of a bufferyard may be credited to the bufferyard if it is located between the property line and the building and/or use).

3. ‘…ƒ–‹‘� ‘ˆ š‹•–‹�‰ ƒ�†•…ƒ’‹�‰. Credit is only available for plants that are located on the parcel proposed for development.

4. Calculation of Canopy Tree Preservation Credit. For the purposes of the planting requirements of this Division, credit shall be given for preserved large trees as set out in Table 25.05.080.3, Tree Preservation Credit.

1. Generally. The constrained bufferyard standards of this Item may be applied in the alternative to the application of the standards set out in Subsection 25.05.100.2, Bufferyard Standards, if, in the determination of the Administrator, their application would: a. Cause the open space ratio (OSR) or landscape surface ratio (LSR) of the parcel proposed for development to exceed 150 percent of the applicable requirements of this Code; or b. The bufferyard requirements would result in more than 15 percent of a site being used for bufferyards; or c. Prevent practical development of the parcel proposed for development by creating a building envelope that will not accommodate parking modules or practical building designs.

2. Reductions Permitted. Bufferyard widths may be reduced during development approval so that no more than 15 percent of the site is used for bufferyards. Bufferyards shall be reduced in the following order of priority: ƒǤ ›’‡ „—ˆˆ‡”›ƒ”†• Â?ƒ› „‡ ”‡†—…‡† ˆ”‘Â? Ď?‹˜‡ ˆ‡‡– ‹Â? ™‹†–Š –‘ –Š”‡‡ ˆ‡‡– ‹Â? ™‹†–Šǥ ’”‘vided that one additional tree of each type is planted (e.g. two large trees, two evergreen trees, two small trees). Notwithstanding the permitted reduction, trees shall be planted so that they have a four-foot radius of permeable soil at their base. „Ǥ ›’‡ „—ˆˆ‡”›ƒ”†• Â?ƒ› „‡ ”‡†—…‡† ˆ”‘Â? ͳͲ ˆ‡‡– ‹Â? ™‹†–Š –‘ Ď?‹˜‡ ˆ‡‡– ‹Â? ™‹†–Šǥ ’”‘˜‹†‡† that a six foot high opaque fence is provided and the required number of small trees are planted (on either side of the fence) along the bufferyard. c. Type C bufferyards may be reduced from 25 feet to 18 feet in width, provided that they include all of the plantings that are required of a Type C bufferyard.

3. Â?Ď?‹ŽŽ ‹–‡•. With approval of the AdministratorÇĄ †‡˜‡Ž‘’Â?‡Â?– ‘Â? ƒÂ? ‹Â?Ď?‹ŽŽ •‹–‡ Â?ƒ› ’”‘˜‹†‡ ˆ‘” the required bufferyard by substituting a solid, decorative fence, landscape or retaining wall, or earthen berm (or combination thereof) of not less than six feet in height instead of the required buffer described in Subsection 25.05.100.2, Bufferyard Standards, or Item 2., above. The fence, wall, or earthen berm shall be accompanied by evergreen trees or large evergreen shrubs of not less than six feet in height upon planting with spacing of not more than 10 feet on center for trees and not less than six feet for large evergreen shrubs to be placed on both sides of the fence or wall. Substitution of large trees may be permitted if it is demonstrated that the placement would result in equal or greater opacity as the use of evergreens.

4. Distance from Utilities. No tree shall be planted under or within 10 lateral feet of any overhead utility line.

5. Sight Distance Triangles. Trees shall not be installed in locations where there is a substantial likelihood that the mature form of the tree may be compromised in order to maintain sight distance triangles.

6. ƒ”‹ƒ�…‡. All other reductions in bufferyards shall require a variance, as set out in Subsection 25.06.090.24, Variances.

5. Calculation of Other Landscaping Credit. Existing, healthy landscaping shall be credited against planting requirements on a one to one basis in the same category of plant material. For example, the preservation of one existing shrub reduces the planting requirement for the area where the shrub is located by one shrub. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎľĎŹ ĞǀĞůŽƉžĞŜƚ >ĂŜĚĆ?Ä?ĂƉĹ?ĹśĹ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎľĎŹÍ˜Ď­ WÄ‚ĆŒĹŹĹ?ĹśĹ? >Žƚ >ĂŜĚĆ?Ä?ĂƉĹ?ĹśĹ?

1. Purpose. Vehicular use areas, including parking lots, drive-through lanes, drive-in lanes, stacking areas, and common driveways in single use, multi-use / multi-tenant, and mixed-use development shall be landscaped and buffered as set out in this Item. The perimeter landscape buffers are to mitigate the impact of headlights on streets and abutting residential property, and to reduce the aesthetic impact of parked cars and expanses of pavement on the character of the street.

2. Generally. Surface parking lots are subject to the standards of this Item as provided in Table

25.05.090.1, Applicability of Parking Lot Landscaping Standards.

3. Perimeter Landscaping Standards. a. Width and Location of Perimeter Landscape Buffer. A perimeter landscape buffer that is at least eight feet in width is required around the perimeter of parking lots, except at areas of ingress and egress and areas between the parking lot and buildings on the same parcel. Areas used for vehicle overhangs as set out in Subsection 25.05.040.4, Space and Module Standards, may be counted toward this required width. b. Composition of Landscape Buffer. Perimeter landscape buffers shall be composed of any one or a combination of the following: 1.

A 30 inch tall landscape or retaining wall constructed of landscape timbers, masonry, stone, or another approved material, measured from the surface of the parking lot in the area that is closest to the wall; or 2.

An earthen berm with a maximum 3:1 slope (three feet of run per one foot of rise) that is mounded to a minimum height of three feet, provided that shrubs are planted along 15 percent of the linear dimension, measured along the curb or pavement edge, required to be screened; or 3.

Shrubs planted to form a buffer that is at least 30 inches in height, provided that the landscape area is set back from parking spaces a minimum three feet from the face of the curb or parking bumper that faces the parking space. c. Planting and Screening Requirements.

1.

Perimeter landscape buffers composed of shrubs complying with 3.b., above, must be planted with, at a minimum, a ground cover, shrubs, and/or perennials. In addition to the above planted materials, up to 25 percent of the perimeter buffers may include a natural ground cover, such as mulch, rock, or stone. Perimeter buffers may also include trees as set out above in Table 25.05.09.1, Applicability of Parking Lot Landscaping Standards, and Item 3., below.

2.

Along portions of parking or vehicular use areas that abut street rights-ofway, drive-through lanes, drive-in lanes, stacking areas, or common driveways (such as an access drive or ring road), shrubs or ornamental grasses shall be planted or a landscape or retaining wall or earthern berm shall be constructed to a minimum height of 30 inches, measured from the top of the parking lot curb (or in the instance of no curb, the parking surface), along no less than 25 percent of the linear dimension of such parking or vehicular use area. The required shrubs or ornamental grasses may be planted in groupings if an equal or a greater number of shrubs or grasses are used. Along collector streets and arterial streets and highways, the minimum percentages of linear screening are 35 percent, 50 percent, and 65 percent, respectively.

3.

Along areas in which the edge of the parking lot is closer than 15 feet to a property line, the perimeter landscape buffer shall be planted with shrubs, perennials, and/or ornamental grasses, maintained at a minimum height of 30 inches, along no less than 25 percent of the linear dimension of the parking lot, unless the area is screened by a building or landscape or retaining walls on the lot or parcel proposed for development or the buffer is exempted by reason of an elevation difference (see Item 4., below).

4.

If the boundary of a parking lot that contains 21 or more surface parking spaces is within 15 feet of a lot line that is shared by a single-family detached or single-family attached residential lot or use, or an NC.1, NC.2, or NC.3 sub-district boundary, then the perimeter buffer or the bufferyard required by Subsection 25.05.100.2, District Standards, if any, that is required along said lot line shall include: A. A six-foot tall solid fence or wall that separates the parking lot from the abutting property; or B. A type B bufferyard for development with a cumulative ‰”‘•• Ď?Ž‘‘” area of up to 50,001 square feet; or Ǥ –›’‡ „—ˆˆ‡”›ƒ”† ˆ‘” †‡˜‡Ž‘’Â?‡Â?– ™‹–Š ƒ …—Â?—Žƒ–‹˜‡ ‰”‘•• Ď?Ž‘‘” area greater than 50,000 square feet. d. Relationship to Other Required Buffers. The land area used for perimeter parking lot buffers may be combined with or overlap the land area required for buffers within mixed housing or mixed use developments or between zoning districts, provided that: 1.

The width and location of the perimeter landscape buffer complies with Item 3.a., above; 2.

The area within the perimeter landscape buffer is planted as required by Item 5., below; and ;Ǥ Š‡”‡ ‹• •—ˆĎ?‹…‹‡Â?– ƒ”‡ƒ ™‹–Š‹Â? –Š‡ …‘Â?„‹Â?‡† „—ˆˆ‡” ˆ‘” Š‡ƒŽ–Š› ‰”‘™–Š of all of the vegetation that is required by this Section and Subsection 25.05.100.2, District Standards.

4. š‡�’–‹‘� ˆ”‘� ‡”‹�‡–‡” ƒ�†•…ƒ’‡ –ƒ�†ƒ”†•. A property proposed for development, redevelopment, or substantial improvement may be exempt from the requirements of this Item where the parking and vehicular use areas are 30 inches or more below the street elevation, measured from the immediately adjacent street surface, or below the average grade of the adjacent, abutting property. Screening is required under the following conditions: a. All or a portion of the parking and vehicular uses areas have an elevation that is less than 30 inches below the street elevation; or b. When the property proposed for development has an elevation that is less than 30 inches below the grade of the adjacent property.

5. Tree Planting. a. Tree Planting Requirement. Parking lots shall be landscaped with at least one large tree (deciduous shade) for each 15 parking spaces, or portion thereof (with the quotient rounded up). Up to 50 percent of the required large trees may be replaced by small (ornamental) trees at a ratio of two small to one large tree. b. Location, Spacing, and Distribution.

1.

Trees shall be located and spaced to promote healthy growing habits, and distributed to provide maximum canopy coverage.

2.

For parking lots with 20 or fewer spaces, trees may be planted in the perimeter landscape buffer or in tree islands within the interior of the parking lot.

3.

For parking lots with 21 or more spaces, up to 50 percent of the required trees may be planted in the perimeter landscape buffer (see Item 2.a., above), with the remaining 50 percent of the required trees planted in tree islands within the interior of the parking lot. ͜Ǥ

Â? ‰‡Â?Â‡Â”ÂƒÂŽÇĄ ƒÂ?† ˆ‘” –Š‡ ’—”’‘•‡ ‘ˆ ‡ˆĎ?‹…‹‡Â?– •Â?‘™ ”‡Â?‘˜ƒŽ ƒÂ?† ‘Â?•‹–‡ •–‘”age, designs with tree islands that are larger in area and fewer in number (including islands which separate parking modules (see Subsection 25.05.040.4, Space and Module Standards) are preferred to designs with tree islands that meet minimum size requirements but are greater in number. c. Tree Islands.

1.

Tree islands are allowed in any parking lot, but they are required in parking lots with 21 or more spaces or two or more parking aisles, as set out in Table 25.05.09.1, Applicability of Parking Lot Landscaping Standards.

2.

In parking lots with two or more drive aisles, a tree island shall be located at the end of each row of parking spaces (endcap tree island), except at corners which are counted in the perimeter landscape buffer.

3.

The required square footage of a tree island is 162 square feet for each 15 parking spaces. Such landscape area may be arranged as a linear planting strip, a double row island, in diamond-shaped islands, or in a large contiguous island, provided the total cumulative area is available as tree islands, which are required in addition to the perimeter landscape buffers set out in Item 3.a., above. Islands measuring less than 162 square feet, but in no case less than 36 square feet, may be permitted provided the total required minimum square footage is met. Large continuous or linear planting strips must have a minimum width of 7.5 feet, measured from the back of the curb. The minimum area of a diamond-shaped island is 36 square feet. Tree islands within the interior of the parking lot may be constructed in any one or a combination of the arrangements set out in Figure 25.05.09.1, Alternative Tree Islands.

4.

All tree islands shall meet the following minimum design requirements: A. Islands shall be protected by a curb, which may include breaks to ƒŽŽ‘™ ˆ‘” •–‘”Â?™ƒ–‡” Ď?Ž‘™• ‹Â?–‘ ”‡…‡••‡† ŽƒÂ?†•…ƒ’‡ ƒ”‡ƒ• ˆ‘” †‡tention and/or treatment.

B. Tree islands shall contain an area of at least 36 square feet of permeable soil surface, which shall be planted with a ground cover and may include one large tree or two small trees. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎľĎŹÍ˜Ď­Í˜Ď­ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎľĎŹÍ˜ĎŽ &ŽƾŜĚĂĆ&#x;ŽŜ >ĂŜĚĆ?Ä?ĂƉĹ?ĹśĹ?

1. Generally. Landscaping that is planted adjacent to the foundation of a building may be used as screening, buffering between adjacent buildings on the same or different sites, shade for windows or outdoor areas, a wind or snowbreak, or as an aesthetic element of the site design. Foundation landscaping is allowed adjacent to any building, but is required or optional as set out in Item 2., below.

2. Applicability. The provisions of this Item are applicable to the following: a. Developed, redeveloped, or substantially improved nonresidential or mixed use buildings in the Mixed Use (MU), General Commercial (GC), Business Park (BP), and Public and Institutional (PI) districts as set out in Subsection 25.03.180.2, Application, whereby the applicant wishes to reduce the required percentages of decorative materials in favor of foundation landscaping (see Subsection 25.03.180.3, Façade Treatments, and Item 6., below); b. Nonresidential and mixed use sites, buildings, and centers that are in the Mixed Use (MU), General Commercial (GC), Business Park (BP), and Public and Institutional (PI) districts as set out in Subsection 25.03.180.2, Application, for portions of nonstreet facing building elevations that are constructed of standard or limited materials (see Subsection 25.03.180.4, Finish Materials); and c. Multiple-family development where allowed in Table 25.02.100.2, Residential and Commercial Uses of the Home.

3. Foundation Planting Areas. The required minimum foundation planting areas are related to the character and intensity of the applicable zoning district, as well as building scale, as set out in Table 25.05.09.2, Foundation Planting Areas.

Sioux City Zoning and Sign Code – Final Draft 03.23.15

4. Location. Foundation planting areas are not required in areas that are designed for vehicular access to the building, such as loading docks, service bays, and drive-through lanes on the side of the building with a service window, but shall be installed adjacent to the building foundation and between the building and parking and vehicular use areas and property lines, as set out in B., above.

(See Figure 25.05.09.1, Foundation Planting Areas) &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŹĎľĎŹÍ˜ĎŽÍ˜Ď­ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ 5. Planting Requirements. The foundation planting area shall be planted as follows: a. Front and Street Side.

1.

Foundation landscaping may be planted commensurate with a reduction in the decorative building materials required by Subsection 25.03.180.3, Facade Treatments, as set out in Item 6., below.

2.

For multiple-family development and nonresidential and mixed use development that are in the Mixed Use (MU), General Commercial (GC), Business Park (BP), and Public and Institutional (PI) districts as set out in Subsection 25.03.180.2, Application, one large tree or three small trees shall be planted within the front and street side foundation planting areas for each 30 linear feet, measured parallel to the building, or portion thereof. The small trees may be planted in groupings if an equal or a greater number of trees are used. Remaining portions of the planting area shall be planted with ground cover, which may include sod, ornamental grasses, shrubs, mulch, or perennial or seasonal plantings. As approved by the Planning and Zoning Commission, wet ponds with fountains, vegetated rain gardens, naturalized wetlands, xeriscape gardens, and/or hardscape plazas may be used in lieu of or together with the required ground cover. Sculptures, monuments, and other public art installations are encouraged, subject to City approval. b. Side.

1.

Along the portions of non-street facing building elevations that are constructed of decorative materials (see Subsection 25.03.180.4, Finish Materials), small trees with a mature growth of no less than 15 feet in crown height shall be planted and spaced no more than 30 feet apart, measured parallel to the building, or portion thereof.

2.

Along the portions of non-street facing building elevations that are constructed of standard or limited materials (see Subsection 25.03.180.4, Finish Materials), small trees with a mature growth of no less than 15 feet in crown height shall be planted and spaced no more than 20 feet apart, measured parallel to the building, or portion thereof. c. Rear. A rear planting area that is adjacent to a drive-through lane or a parking lot with a parking module width of 40 feet or more shall meet the requirements of Item 2.a. above.

6. Commensurate Landscaping. Set out in Subsection 25.03.180.3, Facade Treatments, is the required percentages of building elevations that must be constructed of decorative materials or may be constructed of standard or limited building materials, which differ based on the exposure and visibility of the elevation. The allowed building material reductions and commensurate landscaping requirements are set out in Table 25.05.09.2.2, Building Material Reductions and Commensurate Landscaping Requirements.

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­Ď­ĎŹ KƉĞŜ ^ƉĂÄ?Äž ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­Ď­ĎŹÍ˜Ď­ ĞůĹ?ŜĞĂĆ&#x;ŽŜ ŽĨ KƉĞŜ ^ƉĂÄ?Äž 1. Generally. All boundaries of open spacesÇĄ ™Š‡–Š‡” ˆ‘” ”‡•‘—”…‡ ’”‘–‡…–‹‘Â?ÇĄ Ď?Ž‘‘† …‘Â?–”‘Žǥ ”‡…”‡ƒ–‹‘Â?ÇĄ ‘” ‘–Š‡” ’—”’‘•‡•ǥ •ŠƒŽŽ „‡ ‹†‡Â?–‹Ď?‹‡† ĥ –”ƒ…–• ‘Â? •—„†‹˜‹•‹‘Â? ’Žƒ–• ‘” ĥ ƒÂ? ‘—–njŽ‘– ‘Â? ƒ site plan. Open spaces that are delineated in order to protect natural resources or to be otherwise left ‹Â? ƒ Â?ƒ–—”ƒŽ •–ƒ–‡ •ŠƒŽŽ „‡ ‹†‡Â?–‹Ď?‹‡† ™‹–Š •‹‰Â?• ƒ– ƒŽŽ ’‘‹Â?–• ‘ˆ ’—„Ž‹… ˜‹‡™ ‘” ÂƒÂ…Â…Â‡Â•Â•ÇĄ ™Š‹…Š •ŠƒŽŽ „‡ approved with the subdivision plat or site plan.

2. †‡Â?–‹Ď?‹…ƒ–‹‘Â? ‘ˆ ’‡Â? ’ƒ…‡ ”‡ƒǤ The sign shall identify the open space area, the entity dedicating or preserving the area, and the date the area was designated for preservation. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­Ď­ĎŹÍ˜ĎŽ hĆ?Äž ŽĨ KƉĞŜ ^ƉĂÄ?Äž

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎŹĎŹ ĆľÄŤÄžĆŒÇ‡Ä‚ĆŒÄšĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎŹĎŹÍ˜Ď­ ĆľÄŤÄžĆŒÇ‡Ä‚ĆŒÄš dLJƉĞĆ?

1. Generally. The bufferyards that are required by this Code are based on the amount of screening –Š‡› Â’Â”Â‘Â˜Â‹Â†Â‡ÇĄ ™Š‹…Š ƒ”‡ …Žƒ••‹Ď?‹‡† ˆ”‘Â? Ž‡•• •…”‡‡Â?‹Â?‰ Č‹ ›’‡ ČŒ –‘ Â?‘”‡ •…”‡‡Â?‹Â?‰ Č‹ ›’‡ ČŒÇĄ †‡’‡Â?†ing on the types and intensities of adjacent uses.

2. —ˆˆ‡”›ƒ”† ›’‡•Ǥ There are three types of bufferyards, each of which vary in the width of the bufferyard and the numbers and types of plants that are required per 100 linear feet, or portion thereof. The minimum planting requirements for each type and composition of bufferyard are set out in Table 25.05.100.1ÇĄ —ˆˆ‡”›ƒ”† ÂŽÂƒÂ•Â•Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â?•, except that perimeter landscape buffers for parking lots are set out in Subsection 25.05.090.1, Parking Lot Landscaping.

3. ‘Â?’‘•‹–‹‘Â? ‘ˆ —ˆˆ‡”›ƒ”†•Ǥ —ˆˆ‡”›ƒ”†• Â?ƒ› „‡ …Žƒ••‹Ď?‹‡† ÂƒÂ•ÇŁ a. Structural Bufferyards. Structural bufferyards are those that include a fence or wall to achieve the required level of screening or are needed or preferred for privacy or security; and b. Natural Bufferyards. Natural bufferyards are those that include an earthen berm and a higher density of plant materials to achieve the required level of screening

4. —ˆˆ‡”›ƒ”† ‘…ƒ–‹‘�•Ǥ Bufferyards are required in three locations, including between: a. Adjacent zoning districts of differing uses and their densities (residential) and intensities (nonresidential or mixed use); b. Housing types within mixed housing neighborhoods and traditional neighborhood development, as warranted; and c. Different types or intensities of uses within a mixed use development, as warranted.

5. ‘Â?’‘•‹–‹‘Â? ‘ˆ —ˆˆ‡”›ƒ”†• ‹Â? ‡”–ƒ‹Â? ‘…ƒ–‹‘Â?•Ǥ a. Between Districts. Structural bufferyards are the preferred composition along a district „‘—Â?†ƒ”› –Šƒ– ‹• Â?‘– ƒ •–”‡‡–ǥ ‘” ™Š‡”‡ –Š‡”‡ ‹• ƒ •’‡…‹Ď?‹… ’”‹˜ƒ…› ‘” •‡…—”‹–› Â?‡‡† that requires a wall or fence. b. Between Mixed Housing Types and Uses. Structural or natural bufferyards may be used between mixed housing types and mixed uses within a development, depending on the use types and intensities and the desired compatibility, privacy, and/or security. c. Adjacent to Land Zone Agriculture (AG), Rural Residential (RR), or Suburban Residential (SR). Natural bufferyards are the preferred composition in these settings to reinforce the rural or suburban character of the adjacent district. d. Along Resource Features and Recreation Uses. Natural bufferyards are required along natural areas and resources and adjacent to recreation uses to act as a riparian buffer and to protect and enhance water quality and stormwater management.

6. š‡Â?’–‹‘Â?•. A parcel proposed for development, redevelopment, or substantial improvement may be exempt from the requirement to provide a bufferyard under the following conditions: a. When there is an elevation difference between two adjacent properties that is six feet or greater; or b. When the parcel proposed for development, redevelopment, or substantial improvement is separated from the adjacent property by a natural area that meets or exceeds the level of screening required by the applicable bufferyard. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎŹĎŹÍ˜ĎŽ ĆľÄŤÄžĆŒÇ‡Ä‚ĆŒÄš ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ?

1. Generally. Set out in Table 25.05.100.2, District Bufferyard StandardsÇĄ ‹• –Š‡ …Žƒ••‹Ď?‹…ƒ–‹‘Â? ‘ˆ bufferyards that is required between zoning districts that are not separated by public street rightof-way.

2. Interpretation of the Table. The table is a matrix in which all zoning districts are grouped into categories of similar land use intensities. The rows indicate the zoning of the parcel proposed for development and the columns indicate the zoning of the adjacent property or properties. There are two letters shown for each combination of adjacent districts. The bufferyard that is required to „‡ ’ŽƒÂ?–‡† „› –Š‡ ’”‘’‘•‡† †‡˜‡Ž‘’Â?‡Â?– ‹• Ž‹•–‡† Ď?‹”•–ǥ ™‹–Š –Š‡ •‡…‘Â?† Ž‡––‡” ‹Â?†‹…ƒ–‹Â?‰ –Š‡ „—ˆˆ‡” that is required to be planted on the adjoining property or properties. Where “-â€? is found there is no bufferyard required.

1. Generally. Open space is intended to provide for the protection of natural resources, steep •Ž‘’‡• „—ˆˆ‡”‹Â?‰ ‘ˆ —•‡•ǥ ”‡…”‡ƒ–‹‘Â?ÇĄ Ď?Ž‘‘† …‘Â?–”‘Žǥ †‡–‡Â?–‹‘Â?ÇĄ ƒÂ?† ’ƒ••‹˜‡ •’ƒ…‡ –Šƒ– ‹• ƒÂ? amenity to development. The goal is for open space to be pervious. However, some uses of the open space require buildings or structures to meet the desired open space purposes. The rules of this Item govern the use of open space in the City.

2. Priorities for Open Space. Generally, open spaces shall be protected in the following order of priority (listed in descending order): a. Missouri River, creeks, and riparian areas; b. Floodways; c. Wetlands; d. Floodplains; e. Steep and/or unstable slopes; f. Ridgelines; and g. Mature woodlands, prairies, and wildlife habitat.

3. ’‡Â? ’ƒ…‡ ‘Â?Ď?‹‰—”ƒ–‹‘Â?Ǥ Development •ŠƒŽŽ „‡ …‘Â?Ď?‹‰—”‡† ƒ”‘—Â?† …‘Â?Â?‘Â? ‘’‡Â? •’ƒ…‡ ȋ‹Â?cluding outdoor recreation and leisure areas) in a manner that supports the resource values of the open space in terms of its ecological function (e.g., habitat, water quality enhancement, energy efĎ?‹…‹‡Â?…›ǥ Â‡Â–Â…Ç¤ČŒÇĄ ƒ‡•–Š‡–‹… …‘Â?–”‹„—–‹‘Â?ÇĄ ”‡…”‡ƒ–‹‘Â?ƒŽ Â˜ÂƒÂŽÂ—Â‡ÇĄ ƒÂ?† „—ˆˆ‡”‹Â?‰ ˜ƒŽ—‡Ǥ a. Enhancement of Open Space / Open Space Corridors. Open space shall be organized so as to create integrated systems that connect with dedicated school lands, parklands, other open spaces, or public lands or trails within the parcel proposed for development or on abutting property. b. Formal Open Spaces. Parks, plazas, greens, and other formal open spaces, when required, shall be: 1.

Situated as focal points of the development, and 2.

Visible and accessible from streets, sidewalks, and trails. c. Orientation of Streets. Where the geometry and orientation of the parcel proposed for development permits, streets should frame: 1.

Vistas of natural features (including distant hills and ridges); and 2.

Landmarks or other focal points within or near the development (including formal open spaces). d. Easements. If the development contains or abuts a publicly-owned open space, the development shall include such easements necessary to allow reasonable access to such open space, unless such access is: 1.

Unnecessary or undesirable for the proper public utilization of the natural area; 2.

Detrimental to the resource value of the publicly-owned open space; or 3.

A burden on development that is disproportionate to the impact of the development on access to such open spaces.

4. —‹Ž†‹�‰•Ǥ Buildings shall be limited to those that are essential to a public use. Enclosed buildings shall be limited to those that are essential to a recreational use that requires an accessory structure. Restrooms for recreation areas are permitted.

5. Structures. a. Recreational structures are permitted, such as courts, swimming pools, and bridges for foot and bicycle crossing of streams. However, general recreation buildings and paved parking lots are not permitted in open space areas. b. Detention structures are permitted. c. Utilities may cross open space or use its edges.

6. Impervious Surfaces. The combination of permitted buildings and structures, if located on open space areas, shall not exceed 15 percent of the open space area. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­Ď­ĎŹÍ˜ĎŻ KÇ ĹśÄžĆŒĆ?ĹšĹ?Ɖ ĂŜĚ DÄ‚Ĺ?ŜƚĞŜĂŜÄ?Äž Ä‚Ć?ĞžĞŜƚĆ?

1. Ownership. Open space required by this Code shall be placed in a conservation easement and may be owned in the following ways: a. As common land by homeowners’, property owners’, or condominium associations, with a conservation easement in favor of the City and all property owners; b. By the landowner with a conservation easement in favor of the City; …Ǥ › ƒ ’—„Ž‹… ƒ‰‡Â?…› ȋ„› †‡†‹…ƒ–‹‘Â?ČŒÇĄ ’”‘˜‹†‡† •—…Š ƒ‰‡Â?…› •ŠƒŽŽ Šƒ˜‡ –Š‡ Ď?‹Â?ƒŽ †‡…‹•‹‘Â? –‘ accept and the right to refuse such offers of dedication; or †Ǥ › ƒ Â‹Â–Â›ÇŚÂƒÂ’Â’Â”Â‘Â˜Â‡Â†ÇĄ ’”‹˜ƒ–‡ ‘” Â?‘Â?nj’”‘Ď?‹– ‘”‰ƒÂ?‹œƒ–‹‘Â? –Šƒ– ‹• …ƒ’ƒ„Ž‡ ‘ˆ Â?ƒÂ?ƒ‰‹Â?‰ –Š‡ open space with a conservation easement running in favor of the City and the owners of the rest of the property in the development.

2. Maintenance. Under any arrangement, the conservation easement shall require the maintenance of such areas as indicated on the approved plat or site plan. The City shall have the right under such conservation easements to maintain the area and place a lien on the property to recover its costs. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎŽĎŹ >ĂŜĚĆ?Ä?ĂƉĞ WůĂŜ͕ /ĹśĆ?ƚĂůůĂĆ&#x;ŽŜ͕ ĂŜĚ DÄ‚Ĺ?ŜƚĞŜĂŜÄ?Äž ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎŽĎŹÍ˜Ď­ >ĂŜĚĆ?Ä?ĂƉĞ WĹŻÄ‚Ĺś Ć‰Ć‰ĆŒĹ˝Ç€Ä‚ĹŻ 1. Generally. Compliance with the standards of this Division shall be demonstrated by a schematic landscape plan.

2. Contents of Schematic Landscape Plan. The landscape plan shall include the elements that are set out in this Item. The Administrator may waive elements of the landscape plan if it is determined that they are unnecessary due to the type of development approval sought, or the conditions of the site being developed, or both. The Administrator is authorized to require additional information on the landscape plan as needed to administer the requirements of this Code. The schematic landscape plan shall include all the following information: a. Existing and proposed topography of the site, shown at one-foot contours; b. Dimensions and surfacing of all easements, pedestrian walkways, and pedestrian-oriented areas (existing and proposed); c. Location of existing and proposed overhead and underground utilities; d. Dimensions, surface area, and type of planting area (e.g., bufferyard, parking lot landscaping, etc.) for each planting area; e. The location and quantity of trees and shrubs to be installed, which shall be drawn at three-fourths of mature size and annotated with species, common name, and size at planting; f. The location, quality, and size (DHB) of trees that are to be preserved on the site; g. The location and extent of areas of ground cover and the turf, seed, or inorganic materials to be installed or planted; h. Dimensions of all landscape elements, including fences, walls, earthern berms, other landscape features, and amenities, as applicable; i. Special landscape features for storm water detention and treatment, such as rain gardens or bioswales; j. Dimensions and locations of sight distance triangles; and k. Any credits that are requested for preserving existing trees pursuant to the standards in Subsection 25.05.080.3, Credit for Existing Trees, and Subsection 25.05.100.3, Credits for Existing Buffer Treatments.

3. Maintenance. All landscaping elements shall be maintained in good condition. Ongoing maintenance, including the replacement of dead or unhealthy plantings, is required for areas that are landscaped pursuant to an approved landscape plan.

4. Approval and Timing of Approval. a. Plans meeting the standards of this Code shall be approved. However, in reviewing the ’ŽƒÂ?•ǥ ƒ†Œ—•–Â?‡Â?–• ‹Â? –Š‡ Ž‘…ƒ–‹‘Â? ‘ˆ ’ŽƒÂ?–• Â?ƒ› „‡ ”‡“—‹”‡† ™Š‡”‡ –Š‡ ‹–› Ď?‹Â?†• such alterations would better serve the purposes for which they are intended. b. Landscape plans containing open spaces shall be submitted for approval at the preliminary plat application stage. c. Landscape plans containing bufferyards and required landscaping shall be submitted for approval at the building permit stage.

3. š‹•–‹Â?‰ †Œƒ…‡Â?– ‡˜‡Ž‘’Â?‡Â?– ™‹–Š‘—– —ˆˆ‡”›ƒ”†•Ǥ Where the adjoining property is existing and does not have the required bufferyard, the parcel proposed for development shall provide ƒ „—ˆˆ‡”›ƒ”† ‘ˆ –Š‡ Â?‡š– Š‹‰Š‡” …Žƒ••‹Ď?‹…ƒ–‹‘Â? –ŠƒÂ? –Š‡ ‰”‡ƒ–‡” •…”‡‡Â?‹Â?‰ ‘ˆ –Š‡ –™‘ „—ˆˆ‡”›ƒ”†• ”‡quired (e.g., if the requirement is B/A, then the screening of the parcel proposed for development must install a Type C bufferyard).

4. ‡Žƒ–‹‘Â?•Š‹’ –‘ –Š‡” —ˆˆ‡”›ƒ”† ‡“—‹”‡Â?‡Â?–•Ǥ Some limited uses or conditional uses have †‹ˆˆ‡”‡Â?– ”‡“—‹”‡Â?‡Â?–• ˆ‘” Â„Â—ÂˆÂˆÂ‡Â”Â›ÂƒÂ”Â†Â•ÇĄ ĥ •’‡…‹Ď?‹‡† ‹Â? Subchapter 25.02-D, Conditional and Limited Uses. If bufferyards are required by another section of this Code along property boundaries that are also district boundaries, then the greater bufferyard requirement shall supersede the lesser one (only one bufferyard is required).

5. —ˆˆ‡”‹�‰ š‹•–‹�‰ ‡•‹†‡�–‹ƒŽ ‡˜‡Ž‘’�‡�–Ǥ New residential development is required to provide an increase in the level of screening of a bufferyard (e.g., from Type A to Type B) when adjacent to an existing single-family detached or single-family attached residential property or development, if: a. The lot widths of the new development are less than 80 percent of the lot widths of the nearest lots of the existing development; b. The building height(s) of new development is (are) more than eight feet taller than the building height(s) of the existing property or development; or c. The housing type that is located on the lots that abut the existing development is of greater density than the housing type of the existing development (e.g., new townhome lots abutting existing single-family detached lots).

6. ‹š‡† ‘—•‹Â?‰ ‡˜‡Ž‘’Â?‡Â?–ǥ ”ƒ†‹–‹‘Â?ƒŽ ‡‹‰Š„‘”Š‘‘† ‡˜‡Ž‘’Â?‡Â?–ǥ ƒÂ?† ‹š‡† •‡ Development. New development, redevelopment, or substantial improvement within a mixed housing development, a mixed use development, or a traditional neighborhood development is required to provide a bufferyard if: a. The lot widths of the adjacent developments vary by 20 percent or more; b. The building height(s) of the adjacent developments vary by two or more stories; c. The densities of adjacent housing types vary by 50 percent or more; d. A residential use in adjacent to a nonresidential use where the impacts would be a nuisance on the value and enjoyment of the resident(s); or e. Buffering is warranted and required by the Planning and Zoning Commission.

7. š‡�’–‹‘�•. See Subsection 25.05.100.1, Bufferyard Types, as to the conditions that exempt these bufferyard requirements.

1. Generally. The size and quantity of landscape material that is installed in accordance with the requirements of this Division shall meet the standards of this Item.

2. ‹œ‡ ƒÂ?† —ƒÂ?–‹–› ‡“—‹”‡Â?‡Â?–•Ǥ a. All plant materials shall be of good quality, container grown or balled and burlapped in accordance with the most current edition of the American Standard for Nursery Stock. b. Large trees shall be at least 2.5 inches caliper. c. Small trees shall be at least two inches caliper. d. Evergreen trees shall be six feet tall at the time of planting. ‡Ǥ Š”—„• •ŠƒŽŽ „‡ ‹Â? Ď?‹˜‡ ‰ƒŽŽ‘Â? …‘Â?–ƒ‹Â?‡”• ƒ– ’ŽƒÂ?–‹Â?‰Ǥ 3. Additional Standards for Trees in Street Rights-of-Way. Trees that are planted in street rights-of-way shall be branched no lower than six feet above the ground (for visibility purposes).

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎŹĎŹÍ˜ĎŻ ĆŒÄžÄšĹ?ĆšĆ? Ä¨Ĺ˝ĆŒ džĹ?Ć?Ć&#x;ĹśĹ? ĆľÄŤÄžĆŒ dĆŒÄžÄ‚ĆšĹľÄžĹśĆšĆ?

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎŽĎŹÍ˜Ď° dĹ?ĹľĹ?ĹśĹ? ŽĨ /ĹśĆ?ƚĂůůĂĆ&#x;ŽŜ͖ /ĹśĆ?ƉĞÄ?Ć&#x;ŽŜĆ?

1. Generally. Existing trees, fences, and landscape or retaining walls that meet, in part but not in whole, the bufferyard requirements set out in Subsection 25.05.100.2, Bufferyard Standards, may be counted toward the bufferyard requirements, provided that the trees are in good health and the fences or walls are structurally sound, in good repair, and of an upright condition.

2. š‹•–‹�‰ ƒ�†•…ƒ’‹�‰ ”‡†‹–Ǥ Credit shall be given for existing trees that are located within bufferyards according to the standards of Subsection 25.05.080.3, Credit for Existing Trees.

3. š‹•–‹Â?‰ ‡Â?…‡• ƒÂ?† ƒŽŽ•Ǥ If a fence or wall is the preferred bufferyard and there is already a fence or landscape or retaining wall on the property line, then the City may waive the fence or wall requirement, provided that: a. The AdministratorÇĄ ‘” ƒÂ? ƒ’’‘‹Â?–‡‡ǥ ˜‡”‹Ď?‹‡• –Šƒ– –Š‡ ‡š‹•–‹Â?‰ ˆ‡Â?…‡ ‘” ™ƒŽŽ ‹• •–”—…–—”ƒŽŽ› sound, in good repair, and of an upright condition; b. The height and level of screening of the fence or wall meets the intent of this Division with regard to buffering; c. The owner records an agreement, approved as to form by the City Attorney, with the City that includes appropriate assurances that if the existing fence or wall deteriorates, or is damaged, destroyed, or removed, the owner will cause it to be repaired or replaced with a fence or wall that meets the bufferyard standards of this Division, as well as the requirements and standards of Subsection 25.03.100.3, Fences and

1. Completion of Landscape Improvements. a. Bufferyard landscaping must be complete prior to a subdivision plat being recorded, or, if no plat is required, a …‡”–‹Ď?‹…ƒ–‡ ‘ˆ ‘……—’ƒÂ?…› being issued. If this requirement would result in the installation of landscaping during adverse weather conditions, then the City may: 1.

Allow the plat to be recorded upon condition that surety (see Subsection 25.05.120.5, Surety) is provided for the installation of the required landscaping during a better time of planting; or ʹǤ

••—‡ ƒ –‡Â?’‘”ƒ”› …‡”–‹Ď?‹…ƒ–‡ ‘ˆ ‘……—’ƒÂ?…›ǥ ‘Â? –Š‡ …‘Â?†‹–‹‘Â? –Šƒ– ƒ ’‡”Â?ƒÂ?‡Â?– …‡”–‹Ď?‹…ƒ–‡ ‘ˆ ‘……—’ƒÂ?…› ™‹ŽŽ Â?‘– „‡ ‹••—‡† —Â?Ž‡•• ƒÂ?† —Â?–‹Ž –Š‡ required landscaping is installed. „Ǥ ÂŽÂŽ ‘–Š‡” ŽƒÂ?†•…ƒ’‹Â?‰ Â?—•– „‡ ‹Â?•–ƒŽŽ‡† „‡ˆ‘”‡ ‹••—ƒÂ?…‡ ‘ˆ ƒ ’‡”Â?ƒÂ?‡Â?– …‡”–‹Ď?‹…ƒ–‡ ‘ˆ occupancy. c. Forfeiture of any surety shall not relieve the owner of the responsibility to complete the required landscaping.

2. Periodic Inspections. The City may inspect each site periodically after approval of a subdivi•‹‘Â? ’Žƒ– ‘” ‹••—ƒÂ?…‡ ‘ˆ –Š‡ …‡”–‹Ď?‹…ƒ–‡ ‘ˆ ‘……—’ƒÂ?…› –‘ ‡Â?•—”‡ …‘Â?’Ž‹ƒÂ?…‡ ™‹–Š –Š‡ ‹˜‹•‹‘Â?Ǥ

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎŽĎŹÍ˜ĎŽ ^ƉĞÄ?Ĺ?ÄžĆ? ĂŜĚ Ĺ?Ç€ÄžĆŒĆ?Ĺ?ƚLJ 1. Approved Plant List. A list of plants that are approved by the City for meeting the requirements of this Division is provided in Appendix A, Plant List. This list may be amended by resolution of the City Council. Plants that are neither approved nor prohibited may be planted, but do not count toward landscaping requirements unless they are added to the approved plant list.

2. Prohibited Plant List. A list of plants that are not allowed anywhere in the City is provided in Appendix A, Plant List. Prohibited plants must be removed from parcels proposed for development prior to the issuance of a …‡”–‹Ď?‹…ƒ–‡ ‘ˆ ‘……—’ƒÂ?…›. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎŽĎŹÍ˜ĎŻ ^Ĺ?njĞ ĂŜĚ YƾĂŜĆ&#x;ƚLJ ŽĨ >ĂŜĚĆ?Ä?ĂƉĞ DÄ‚ĆšÄžĆŒĹ?Ä‚ĹŻ

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1. Generally. Signs are an important aspect of the City, particularly considering its role as the economic engine of the Siouxland Metropolitan Region; its tri-state location at the intersection of I-29, U.S. 20, and U.S. 75; as well as its setting along the Missouri River and among the scenic Loess Hills.

When poorly regulated, signs create visual blight, which detracts from the quality appearance and character of the community. When overly restricted though, the lack of signs create a hardship for merchants who rely on effective signage to identify their establishments and communicate their messages. In this way, the City supports the rights of businesses to advertise and the rights of advertising companies to pursue their business, while at the same time employing fair and reasonable regulations to achieve the purposes and objectives of this Division.

2. Purpose. There are many purposes for this Division. The overall purpose is to promote, preserve, and protect the health, safety, and general welfare of the present and future inhabitants of the City by providing reasonable standards relating to the type, placement, and physical dimensions of •‹‰Â?• ĥ Â?‡ƒÂ?• ˆ‘” ’”‘˜‹†‹Â?‰ ˆ‘” –”ƒˆĎ?‹… Â•ÂƒÂˆÂ‡Â–Â›ÇĄ …‘Â?•‡”˜‹Â?‰ –Š‡ ˜ƒŽ—‡ ‘ˆ „—‹Ž†‹Â?‰•ǥ ƒÂ?† ‡Â?…‘—”ƒ‰‹Â?‰ an appropriate use of land throughout the City. Furthermore, the purpose of this Division is to set out regulations for the erection and maintenance of signs while serving the interests of businesses, together with that of the community and its quality character and aesthetic integrity. Lastly, an important purpose of this Division to preserve the right of free speech and expression.

3. ScopeǤ Š‹• ‹˜‹•‹‘Â? •ŠƒŽŽ Â?‘– ”‡‰—Žƒ–‡ •‹‰Â?• ”‡“—‹”‡† ‘” •’‡…‹Ď?‹…ƒŽŽ› ƒ—–Š‘”‹œ‡† ˆ‘” ƒ ’—„Ž‹… ’—”pose by any law, statute, or ordinance, which may be of any type, number, area, height above grade, location, illumination, or other animation required by law, statute, or ordinance under which the sign is erected.

4. Objectives. The objectives of these regulations are to provide a regulatory framework that balances a consideration of interests pertaining to the design, construction, and placement of signs that: a. Promotes the safety of persons and property by ensuring that signs do not create a hazard by: ͳǤ ‘ŽŽƒ’•‹Â?‰ǥ …ƒ–…Š‹Â?‰ Ď?‹”‡ǥ ‘” ‘–Š‡”™‹•‡ †‡–‡”‹‘”ƒ–‹Â?‰ ‘” †‡…ƒ›‹Â?‰Ǣ 2.

Confusing or distracting motorists; or 3.

Impairing drivers’ ability by obstructing the awareness or visibility of pe†‡•–”‹ƒÂ?•ǥ Â‘Â„Â•Â–ÂƒÂ…ÂŽÂ‡Â•ÇĄ ‘” ‘–Š‡” Â˜Â‡ÂŠÂ‹Â…ÂŽÂ‡Â•ÇĄ ‘” –‘ ”‡ƒ† –”ƒˆĎ?‹… …‘Â?–”‘Ž †‡˜‹…‡• ‘” signs; and „Ǥ ”‘Â?‘–‡• –Š‡ ‡ˆĎ?‹…‹‡Â?– …‘Â?Â?—Â?‹…ƒ–‹‘Â? ‘ˆ Â?‡••ƒ‰‡• ƒÂ?† ‡Â?•—”‡• –Šƒ– ’‡”•‘Â?• ‡š’‘•‡† –‘ signs: 1.

Are not overwhelmed by the number of messages presented; and 2.

Are able to exercise freedom of choice to observe or ignore said messages; and c. Conforms to “national policyâ€? relating to the control of advertising devices adjacent to the interstate system, as contained in 23 U.S.C. § 131, or amendments, which is promulgated by Chapter 306B, Outdoor Advertising Along Interstate Highways, of the Iowa Code; d. Protects the public welfare and enhances the appearance and economic value of the community environs by protecting scenic views of the Missouri River and the Loess Hills while avoiding sign clutter that can comprise the character, quality, function, and viability of the City’s most highly traveled corridors; e. Ensures that signs are compatible with their surroundings, and prevents the construction of signs that are a nuisance or that may devalue the enjoyment of properties by –Š‡ ‘……—’ƒÂ?–• ‘ˆ ƒ†Œƒ…‡Â?– ƒÂ?† …‘Â?–‹‰—‘—• ’”‘’‡”–› †—‡ –‘ „”‹‰Š–Â?‡••ǥ ”‡Ď?ÂŽÂ‡Â…Â–Â‹Â˜Â‹Â–Â›ÇĄ shading, bulk, or height; f. Promotes the use of signs that are contextually sensitive, attractive, of appropriate scale, and integrated with the built environment in order to meet the City’s planning objectives related to the quality and character of development; g. Enhances property values and business opportunities; ŠǤ ••‹•–• ‹Â? Â™ÂƒÂ›ÇŚĎ?‹Â?†‹Â?‰Ǣ ƒÂ?† i. Provides fair and consistent permitting and enforcement.

5. Authority. Š‡ ‹–› ‘—Â?…‹Ž Ď?‹Â?†• Â–ÂŠÂƒÂ–ÇŁ a. It has the authority to regulate signs under the United States Constitution; b. It has the authority to regulate signs within the areas zoned and used for commercial or industrial purposes within the adjacent areas of interstates, freeway primary, and primary highways, pursuant to Iowa Code Chapter 306B, Outdoor Advertising ƒŽ‘Â?‰ Â?–‡”•–ƒ–‡ ‹‰Š™ƒ›• ƒÂ?† Šƒ’–‡” ;Ͳ͸ ÇĄ —Â?Â?›ƒ”† ‡ƒ—–‹Ď?‹…ƒ–‹‘Â? ƒÂ?† ‹ŽŽ„‘ƒ”† Control. c. The Iowa Department of Transportation has the authority for the regulation of outdoor advertising within the adjacent areas of interstates, freeway primary, and primary highways, pursuant to Iowa Code Chapter 306B, Outdoor Advertising along Inter•–ƒ–‡ ‹‰Š™ƒ›• ƒÂ?† Šƒ’–‡” ;Ͳ͸ ÇĄ —Â?Â?›ƒ”† ‡ƒ—–‹Ď?‹…ƒ–‹‘Â? ƒÂ?† ‹ŽŽ„‘ƒ”† ‘Â?–”‘Žǥ ĥ well as the erection of new advertising devices along the Loess Hills Scenic Byway in order to comply with Federal requirements concerning the implementation of the National Scenic Byways Program, as set out in Iowa Code, Chapter 306D, Scenic Routes. d. This Division advances important and substantial governmental interests. e. The regulations set out in this Division are unrelated to the suppression of constitutionally-protected free expression and do not involve the content of protected messages that may be displayed on signs, nor do they involve the viewpoint of individual speakers. f. The incidental restriction on the freedom of speech is no greater than is essential to the furtherance of the interests protected by this Division. g. Certain types of speech are not protected by the First Amendment due to the harm that they cause to individuals or the community, and speech that is harmful to minors may be prohibited in places that are accessible to minors.

6. Findings of Fact. ‡Â?‡”ƒŽ Ď?‹Â?†‹Â?‰• ‘ˆ ˆƒ…– ‹Â?…Ž—†‡ǣ a. The ability to display signs of reasonable size and dimensions is vital to the health and sustainability of many businesses, and the display of signs with noncommercial messages is a traditional component of the freedom of speech, but the constitutional guarantee of free speech may be limited by appropriate and constrained regulation that is unrelated to the expression itself; b. The City has an important and substantial interest in preventing sign clutter (which is the proliferation of signs of increasing size and dimensions as a result of competition among property owners for the attention of passing motorists), because sign clutter degrades the character of the community, makes the community a less attractive place for commerce and private investment, and dilutes or obscures messages displayed along the City’s streets and highways by creating visual confusion and aesthetic blight; c. Sign clutter can be prevented by regulations that balance the legitimate needs of individual property owners to convey their commercial and noncommercial messages against the comparable needs of adjacent and nearby property owners and the interest of the community as a whole in providing for a high quality community character; d. Temporary signs that are not constructed of weather-resistant materials are often damaged or destroyed by wind, rain, snow, and sun, and after such damage or destruction, degrade the quality appearance of the City’s streets if they are not removed; and e. The City has an important and substantial interest in keeping its rights-of-way clear of visual obstructions and litter.

requires to be installed are permitted. b. General Standards. Relating only to signs that do not require a permit: 1.

No sign shall be illuminated unless allowed by this Item.

2.

No sign shall be located within or over any public street right-of-way unless that portion of public street right-of-way has been vacated and proper authorization through: A. Acquisition of title; or B. Acquisition of an easement; or C. An encroachment permit under Chapter 17.28 of the Municipal ‘†‡ Šƒ• Ď?‹”•– „‡‡Â? ‘„–ƒ‹Â?‡†Ǥ 3.

The height of signs that do not require a permit shall not exceed six feet above average grade, except as set out elsewhere in this Code.

4.

The sign area of signs that do not require a permit do not apply toward the total sign area allowed for the district in which the sign is located, as set out in Section 25.05.180, Permanent and Temporary Signs.

5.

The signs listed under Item 3.a., above, are not subject to setback requireÂ?‡Â?–• —Â?Ž‡•• •’‡…‹Ď?‹…ƒŽŽ› •–ƒ–‡† ‹Â? –Š‹• –‡Â?ÇĄ „—– –Š‡› Â?ƒ› Â?‘– „‡ Ž‘…ƒ–‡† ‹Â? public rights-of-way or within a sight distance triangle.

6.

No sign shall be placed at any location where, because of its size, location, …‘Â?–‡Â?–ǥ ‘” …‘Ž‘”‹Â?‰ǥ ‹– Â?ƒ› …‘Â?•–‹–—–‡ ƒ –”ƒˆĎ?‹… Šƒœƒ”† ‘” ƒ †‡–”‹Â?‡Â?– –‘ –”ƒˆĎ?‹… •ƒˆ‡–› „› ‘„•–”—…–‹Â?‰ –Š‡ ˜‹•‹‘Â? ‘ˆ Â†Â”Â‹Â˜Â‡Â”Â•ÇĄ „› †‡–”ƒ…–‹Â?‰ ˆ”‘Â? –Š‡ ˜‹•‹„‹Ž‹–› ‘ˆ ƒÂ?› –”ƒˆĎ?‹… …‘Â?–”‘Ž †‡˜‹…‡ ‘” „› „‡‹Â?‰ …‘Â?ˆ—•‡† ™‹–Š ƒÂ? ƒ—–Š‘”‹œ‡† –”ƒˆĎ?‹… …‘Â?–”‘Ž †‡˜‹…‡Ǥ c. Portable Signs. Portable signs do not require a sign permit provided they comply with the standards set out in Subsection 25.05.180.6, Portable Signs.

4. š‡Â?’–‹‘Â? ˆ‘” ††”‡••‹Â?‰Ǥ Š‡ ‹–› Ď?‹Â?†• –Šƒ– ’‘•–‹Â?‰ ‘ˆ –Š‡ ƒ††”‡••‡• ‘ˆ „—‹Ž†‹Â?‰• ‹Â? Ž‘…ƒtions that are visible from the street is necessary for the effective delivery of public safety services. Š‡ ‡ˆĎ?‹…‹‡Â?– ƒÂ?† –‹Â?‡Ž› †‡Ž‹˜‡”› ‘ˆ ‡Â?‡”‰‡Â?…› •‡”˜‹…‡• ‹• ƒ …‘Â?’‡ŽŽ‹Â?‰ ‰‘˜‡”Â?Â?‡Â?–ƒŽ ‹Â?–‡”‡•–Ǥ Â…cordingly, the City requires that street addresses shall be posted as follows: a. Mixed Use, Nonresidential, and Special Districts. Street addresses shall be posted at: 1.

All primary building entrances; and 2.

On detached signage if the address on the building is not visible from the street. b. Residential Districts. Street addresses shall be posted: 1.

On the facade of the building that faces the street from which the address is taken; and 2.

On the mailbox or mailbox support (if applicable), if the mailbox is detached from the building. c. Exclusion from Sign Area Calculation. Because address signs are a substantial governmental interest, numbers and letters for addressing are not included in the calculation of sign area if they are not more than 14 inches in height.

5. ‹‰�• ‡”�‹––‡† ‡ˆ‘”‡ ˆˆ‡…–‹˜‡ ƒ–‡Ǥ If the permit for a sign has been issued in accordance with all City ordinances in effect prior to the effective date of this Code, and provided that construction of the principal building or erection of the sign began within six months of the effective date of this Code and diligently pursued to completion, said sign may be completed in accordance with the approved plans on the basis of which the permit was issued, subject thereafter, if applicable, to the provisions of this Code regarding nonconforming signs.

6. Relationship to Other Sign Regulations. This Code recognizes other regulations that pertain to signage, such as those set out in Section 25.05.130, Purpose, Objectives, Authority, and Findings (Item 5, Authority). Where any provision of this Code covers the same subject matter as other regulations, the more restrictive regulation shall apply, unless the City’s authority is preempted by a higher order of government.

7. Signs Declared IllegalǤ Â?› •‹‰Â? ‘™Â?‡†ǥ Â?‡’–ǥ Â†Â‹Â•Â’ÂŽÂƒÂ›Â‡Â†ÇĄ ‘” Â?ƒ‹Â?–ƒ‹Â?‡† „› ƒÂ?› ’‡”•‘Â?ÇĄ Ď?‹”Â?ÇĄ ‘” corporation which is not in conformance with the provisions of this Code or Subsection 25.06.120.5, Nonconforming Signs, is declared to be illegal. The Administrator, or a designee, shall declare such sign to be illegal and such declaration shall state the reason or reasons why such sign and the keeping, owning, maintenance, and display or operation of such sign is illegal under the terms of this Code. a. Abatement.

1.

The Administrator shall serve notice of such declaration upon the owner of the premises upon which the illegal sign is located, together with a notice ”‡“—‹”‹Â?‰ –Šƒ– ™‹–Š‹Â? Ď?‹˜‡ ™‘”Â?‹Â?‰ †ƒ›• –Š‡ ’ƒ”–‹‡• Â•ÂŠÂƒÂŽÂŽÇŁ A. Obtain the required permit; or B. Contract either for the repair or improvement of the illegal sign; or C. Contract for the demolition or removal of the illegal sign, whichever is required by the notice.

2.

Such action shall be completed within 30 days from the date of notice, unless otherwise stipulated by the Administrator. Service of such notice and †‡…Žƒ”ƒ–‹‘Â? •ŠƒŽŽ „‡ „› …‡”–‹Ď?‹‡† Â?ÂƒÂ‹ÂŽÇĄ ”‡–—”Â? ”‡…‡‹’– ”‡“—‡•–‡†ǥ –‘ –Š‡ Ġdress shown by the records of the County Auditor. The designated period for compliance with the order of the Administrator shall commence within Ď?‹˜‡ ™‘”Â?‹Â?‰ †ƒ›• ˆ‘ŽŽ‘™‹Â?‰ –Š‡ ”‡…‡‹’– ‘ˆ •ƒ‹† Â?‘–‹…‡Ǥ 3.

When it is determined by the Administrator that any sign could cause imminent danger to the public and contact cannot be made with the sign owner or owner of the premises, no written notice may be served. In this situation, the Administrator may correct the danger, all costs being assessed as prescribed in this Item.

4.

The notice given by the Administrator shall state the remedial action required and shall also state that if such action is not taken within the time limit set forth in this Code, the cost of abatement shall be assessed against –Š‡ ’”‘’‡”–› ‘Â? ™Š‹…Š –Š‡ •‹‰Â? ‹• ÂŽÂ‘Â…ÂƒÂ–Â‡Â†ÇĄ –‘‰‡–Š‡” ™‹–Š ƒÂ? ƒ††‹–‹‘Â?ƒŽ Ď?‹˜‡ percent for the inspection and incidental costs and collected in the same manner as real estate taxes against the property.

5.

In the event that the owner of the premises, or person entitled to possession, or the owner of the sign, shall fail, neglect, or refuse to comply with the notice to repair, improve, demolish, or remove the sign declared to be illegal, or obtain any required permits within the required time, said parties may be prosecuted for violation of this Code and the Administrator may demolish and remove the sign declared illegal and the Administrator may be aided by injunction to abate the illegal sign and to ensure his peaceful entry on the premises.

6.

Bids shall be taken by the Administrator to establish the cost of demolition. When the work is completed, the Administrator shall certify to the City Clerk the legal description of the property upon which the work was done, together with the name of the owner thereof, as shown by the records of the County Auditor or together with a statement of work performed, the date of performance and the cost thereof.

7.

Upon receipt of such a statement, the City Clerk shall mail a notice to the owner of said premises as shown by the records of the County Auditor by …‡”–‹Ď?‹‡† Â?ÂƒÂ‹ÂŽÇĄ ’‘•–ƒ‰‡ Â’Â”Â‡Â’ÂƒÂ‹Â†ÇĄ Â?‘–‹ˆ›‹Â?‰ •—…Š ‘™Â?‡” –Šƒ– ™‘”Â? Šƒ• „‡‡Â? performed pursuant to this Code, stating the date of performance of the work, the nature of the work, and demanding payment of the cost thereof Č‹ÂƒÂ• …‡”–‹Ď?‹‡† „› –Š‡ †Â?‹Â?Â‹Â•Â–Â”ÂƒÂ–Â‘Â”ČŒÇĄ –‘‰‡–Š‡” ™‹–Š –Š‡ Ď?‹˜‡ ’‡”…‡Â?– ˆ‘” –Š‡ inspection and other incidental costs in connection the work. Such notice shall state that if said amount is not paid to the City Treasurer within 30 days of mailing of the notice, it shall become an assessment upon and a lien against the property of said owner, describing the same, and will be certiĎ?‹‡† ĥ ƒÂ? ƒ••‡••Â?‡Â?– ƒ‰ƒ‹Â?•– •—…Š ’”‘’‡”–›Ǥ 8.

If payment is not received within the period of 30 days following the mailing of such notice, the City Clerk shall inform the City Council of the fact and the City Council may enact a resolution assessing the whole cost of •—…Š ™‘”Â?ÇĄ ‹Â?…Ž—†‹Â?‰ Ď?‹˜‡ ’‡”…‡Â?– ˆ‘” ‹Â?•’‡…–‹‘Â? ƒÂ?† ‘–Š‡” ‹Â?…‹†‡Â?–ƒŽ …‘•–• in connection the work upon the lots or tracts of land from which the sign has been removed.

9.

Following passage of such a resolution, the City Clerk shall certify the same to the County Treasurer and County Auditor, who shall collect the assessment in the same manner as other taxes are collected.

10.

Each such assessment shall be a lien against each lot or tract of land assessed, until paid and shall have a priority over all other liens except general taxes and prior special assessments. For all purposes of this Code, the owner of the premises shall be presumed to be the owner of all signs thereon, unless the contrary shall appear from facts brought to the attention of the Administrator. The terms and provisions of this Division shall 8. ‹‰Â? ‘†‡ ‘˜‡”Â?• ‹Â? ˜‡Â?– ‘ˆ ‘Â?Ď?Ž‹…–. The terms and provisions of this Subchapter 25.05-C, ‹‰Â?•ǥ •ŠƒŽŽ ’”‡˜ƒ‹Ž ‹Â? –Š‡ ‡˜‡Â?– ‘ˆ ƒÂ?› …‘Â?Ď?Ž‹…– „‡–™‡‡Â? –Š‡ ’”‘˜‹•‹‘Â?• ‘ˆ –Š‹• ‹˜‹•‹‘Â? ƒÂ?† ƒÂ?› ‘–Š‡” ordinance of the City.

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­Ď°ĎŹ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎąĎŹ ^Ĺ?Ĺ?Ĺś ĚžĹ?ĹśĹ?Ć?ĆšĆŒÄ‚Ć&#x;ŽŜ

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎŽĎŹÍ˜Ďą ^ĆľĆŒÄžĆšÇ‡ 1. Surety Required. The applicant shall submit the bid for the landscape plan for review by the City. A bond, landscape contractor guarantee, cash escrow, irrevocable letter of credit, or other acceptable surety equal to 120 percent of the cost of implementing the landscape plan, with said ‡•–‹Â?ƒ–‡† …‘•– –‘ „‡ …‡”–‹Ď?‹‡† „› ƒ ŽƒÂ?†•…ƒ’‹Â?‰ Â’Â”Â‘Â˜Â‹Â†Â‡Â”ÇĄ •ŠƒŽŽ „‡ ’”‘˜‹†‡† –‘ ‡Â?•—”‡ ’”‘’‡” ‹Â?•–ƒŽlation and maintenance of the landscaping for a period of two years from the date of installation. A contract letter or bill of sale from a landscape company or garden center for the required landscape materials may be accepted in lieu of a cash escrow or irrevocable letter of credit.

2. Forfeiture. The surety may be forfeited if the landscaping is not completed within one year after the issuance of the temporary …‡”–‹Ď?‹…ƒ–‡ ‘ˆ ‘……—’ƒÂ?…›. Forfeiture of any surety shall not relieve the owner of the responsibility to complete the required landscaping.

3. Replacement Required. The applicant shall warrant all landscaping materials for a period of two years after installation. All plant materials that die within two years from the date of installation shall be replaced by the applicant. If the applicant fails to replace the plant materials, the City may use the performance guarantee to replace dead materials.

4. Return or Release of Surety. The City shall return or release the surety after the two year period is expired upon request of the applicant and demonstrated that the landscaping that is protected by the guarantee is established and in good condition.

SUBCHAPTER 25.05-C SIGNS ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎŻĎŹ WĆľĆŒĆ‰Ĺ˝Ć?Ğ͕ KÄ?ĹŠÄžÄ?Ć&#x;ǀĞĆ?Í• ĆľĆšĹšĹ˝ĆŒĹ?ƚLJ͕ ĂŜĚ &Ĺ?ŜĚĹ?ĹśĹ?Ć?

1. Generally. As of the effective date of this Code, all erection, construction, enlargement, modiĎ?‹…ƒ–‹‘Â?ÇĄ ƒŽ–‡”ƒ–‹‘Â?ÇĄ ”‡Ž‘…ƒ–‹‘Â?ÇĄ Â”Â‡Â’ÂƒÂ‹Â”ÇĄ ‹Â?’”‘˜‡Â?‡Â?–•ǥ †‡Â?‘Ž‹–‹‘Â?ÇĄ Â?ƒ‹Â?–‡Â?ƒÂ?…‡ǥ ‘” …‘Â?˜‡”•ƒ–‹‘Â? ‘ˆ signs with the City shall conform to the requirements of this Division, all State and Federal regulations concerning signs and advertising (particularly as set out in Section 25.05.130, Purpose, Objectives, Authority, and Findings), and all applicable building codes. Generally, signs are approved by issuance of a sign permit. However, there are some signs that do not require a permit, which are listed in Item 3., below.

2. Signs Requiring a Permit. A sign permit shall be required for all permitted signs as set out in Section 25.05.180, Permanent and Temporary Signs, unless otherwise exempted by Item 3., below.

In addition, a sign permit shall be required at any time the sign area is increased, if the increase is ƒŽŽ‘™ƒ„Ž‡ ™‹–Š‹Â? –Š‡ †‹•–”‹…– ‹Â? ™Š‹…Š –Š‡ •‹‰Â? ‹• ÂŽÂ‘Â…ÂƒÂ–Â‡Â†ÇĄ ƒÂ?† ‹ˆ –Š‡ ‘”‹‰‹Â?ƒŽŽ› ƒ’’”‘˜‡† •’‡…‹Ď?‹…ƒ–‹‘Â?• ƒ”‡ Â?‘†‹Ď?‹‡† ‘” ƒŽ–‡”‡† ‘” ‹ˆ –Š‡ •‹‰Â? ‹• ’”‘’‘•‡† –‘ „‡ ”‡’Žƒ…‡† ‘” ”‡Ž‘…ƒ–‡†Ǥ Illuminated signs are also subject to the provisions of the National Electrical Code, as amended from time to time and adopted by the City.

3. Signs That Do Not Require a Sign Permit. a. Sign Types. The following signs do not require a sign permit, but may require a building permit or other related permits (if subject to building or electrical codes).

1.

Carried Signs. Carried signs are those that are being carried by people (however, such signs are not exempt if they are set down or propped up against objects); 2.

Decorative Signs. Signs that are clearly incidental, customary, and commonly associated with a holiday are permitted, provided: A. In the Rural Residential (RR), Suburban Residential (SR), General Residential (GR), and Urban Residential (UR) districts, as well as each of the Neighborhood Conservation (NC) sub-districts: i.

Banners or signs that promote non-commercial special events are prohibited; and ii.

Holiday decorations are permitted provided they do not encroach into public street right-of-way.

B. In all other districts: i.

Each sign or decoration may be erected up to 30 days before a promoted event and must be removed within 10 days after the completion of the promoted event; and ii.

If the erection of any decorative sign or holiday decoration promoting a non-commercial special event will encroach into public street right-of-way, a temporary permit may be issued pursuant to Section 17.28.020, Encroachments, under Title 17, Streets and Sidewalks, of the Municipal Code.

An encroachment permit must be obtained before any such decorative sign or holiday decoration may be erected.

3.

Directional / Information Signs. One sign, illuminated or non-illuminated, with a cumulative sign area of no more than six square feet is permitted per street entrance provided it includes directional information only.

4. ˆĎ?‹…‹ƒŽ Žƒ‰•. One duly adopted ‘ˆĎ?‹…‹ƒŽ Ď?Žƒ‰ of each of the nation, state, …‘—Â?–›ǥ ‘” ‹–›ǥ ‹ŽŽ—Â?‹Â?ƒ–‡† ‘” Â?‘Â?nj‹ŽŽ—Â?‹Â?ÂƒÂ–Â‡Â†ÇĄ Â?ƒ› „‡ Ď?Ž‘™Â? ‘Â? ƒ ’”‘’‡”–› ’”‘˜‹†‡† –Š‡ Ď?Žƒ‰ ‹• ƒ––ƒ…Š‡† –‘ ƒ ’‡”Â?ƒÂ?‡Â?– Ď?Žƒ‰’‘Ž‡ ‘” ƒ Ď?Žƒ‰’‘Ž‡ –Šƒ– ‹• mounted to a principal building ƒÂ?† ’”‘˜‹†‡† –Š‡ Ď?Žƒ‰ †‘‡• Â?‘– ‡Â?…”‘ƒ…Š into public right-of-way or exceed the heights set out in Section 25.03.050, Height and Area Regulations.

5.

Home Occupation Signs. One non-illuminated sign, placard, or nameplate with a cumulative sign area of no more than one square foot is permitted per dwelling unit ’”‘˜‹†‡† ‹– ĥ ƒ––ƒ…Š‡† ‘” ƒˆĎ?‹š‡† •‡…—”‡Ž› ƒÂ?† Ď?Žƒ– ƒ‰ƒ‹Â?•– a wall of the home. Such sign may only display the occupant’s name, address, and/or occupation.

6.

Incidental Signs. These non-illuminated signs are permitted provided they have an individual sign area of no more than two square feet. Examples of •—…Š •‹‰Â?• ‹Â?…Ž—†‡• –Š‘•‡ –Šƒ– ƒ”‡ ƒˆĎ?‹š‡† –‘ Â?ƒ…Š‹Â?‡•ǥ ‡“—‹’Â?‡Â?–ǥ ˆ‡Â?…‡•ǥ gates, walls, gasoline pumps, or utility cabinets that are within view of public rights-of-way.

7.

Integral Signs. Integral signs are those that are etched into stone, concrete, or another building material, or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure to which they are attached, provided that the sign does not exceed a cumulative sign area of six square feet.

8.

Interior Signs. Interior signs are those that are not visible from residential uses or districts, abutting property, or public rights-of-way or easements; 9. ˆĎ?‹…‹ƒŽ ‹‰Â?• ‘” ‡‰ƒŽ ‘–‹…‡•Ǥ ˆĎ?‹…‹ƒŽ •‹‰Â?• ƒÂ?† Ž‡‰ƒŽ Â?‘–‹…‡• –Šƒ– ƒ”‡ ‹••—‡† „› ƒÂ?› …‘—”–ǥ ’—„Ž‹… „‘†›ǥ ‘ˆĎ?Â‹Â…Â‹ÂƒÂŽÇĄ ‘” ‘ˆĎ?‹…‡” ‹Â? ’‡”ˆ‘”Â?ƒÂ?…‡ ‘ˆ ƒ ’—„Ž‹… duty, or in giving any legal notice, including signs that are required to be posted to give notice of pending action pursuant to this Code.

10.

Signs de Minimus. ‹‰Â?• –Šƒ– ƒ”‡ •‡…—”‡Ž› ƒˆĎ?‹š‡† –‘ ƒ „—‹Ž†‹Â?‰ ‘” •–”—…–—”‡ (even if wall signs are not permitted in the district or for the use), which do not exceed one square foot in sign area, provided that only one such sign is present on each building elevation that is visible from public street rightsof-way or neighboring property.

11.

Subdivision Entrance Signs. One illuminated or non-illuminated sign with a cumulative sign area of no more 24 square feet is permitted per subdivision entrance from a collector or arterial or highway, provided such sign is set back no less than 10 feet from any property line. Each subdivision is permitted a maximum of three subdivision entrance signs, unless more are requested and authorized by the Planning and Zoning Commission.

12.

Temporary Signs. See Subsection 25.05.180.5, Temporary Signs.

13. Â”ÂƒÂˆĎ”Â‹Â… ‘Â?–”‘Ž ‡˜‹…‡•. ”ƒˆĎ?‹… …‘Â?–”‘Ž †‡˜‹…‡• and signs related to public safety that the city, county, state, federal, or another jurisdiction installs or

Sioux ity oning C ndZ ign aode S inal C raft –

D

F03.23.15

1. Licensing. a. Sign Contractors. ͳǤ ‘ ’‡”•‘Â?ÇĄ Ď?‹”Â?ÇĄ ‘” …‘”’‘”ƒ–‹‘Â? •ŠƒŽŽ ’‡”ˆ‘”Â? ƒÂ?› ™‘”Â? ‘” •‡”˜‹…‡• ˆ‘” compensation in connection with the erection, construction, enlargement, alteration, repair, moving, improvements, demolition, maintenance, or conversation of any signÇĄ —Â?Ž‡•• •—…Š ’‡”•‘Â?ÇĄ Ď?‹”Â?ÇĄ ‘” …‘”’‘”ƒ–‹‘Â? •ŠƒŽŽ Šƒ˜‡ Ď?‹”•– ‘„–ƒ‹Â?‡† ƒ •‹‰Â? …‘Â?Â–Â”ÂƒÂ…Â–Â‘Â”ÇŻÂ• Ž‹…‡Â?•‡ ˆ”‘Â? –Š‡ Â?•’‡…–‹‘Â? ‡”˜‹…‡• ‹˜‹sion and having paid the license fees set out by separate resolution of the City Council.

2.

A sign contractor’s license shall not be required for the demolition of a sign when such demolition is carried out in conjunction with a demolition of a principal building or accessory building or structure on the premises and a demolition permit has been obtained pursuant to the provisions of the Municipal Code.

3.

A sign contractor license is not transferable.

4.

The initial license fee for sign contractors, in an amount set out by separa–‹‘Â? ”‡•‘Ž—–‹‘Â? ‘ˆ –Š‡ ‹–› ‘—Â?…‹Žǥ •ŠƒŽŽ „‡ ’ƒ‹† ‹Â? ƒ†˜ƒÂ?…‡ ˆ‘” –Š‡ Ď?‹”•– Â›Â‡ÂƒÂ”ÇĄ or fraction thereof, with an annual renewal fee thereafter.

5.

Every applicant ˆ‘” ƒ •‹‰Â? …‘Â?Â–Â”ÂƒÂ…Â–Â‘Â”ÇŻÂ• Ž‹…‡Â?•‡ •ŠƒŽŽ Ď?‹Ž‡ ™‹–Š –Š‡ ‹–› ƒ bond in an amount set out by separate resolution of the City Council, with a surety to be approved by the City Attorney, the conditions of such bond to be faithfully in compliance with all provisions of this Code. Applicants shall Ď?‹Ž‡ ™‹–Š –Š‡ ‹–› ƒÂ? ‡š‡…—–‡† ƒ‰”‡‡Â?‡Â?– ™Š‡”‡„› –Š‡ ƒ’’Ž‹…ƒÂ?– ƒ‰”‡‡• –‘ defend, at is own expense, indemnify, and hold harmless the City, its em’Ž‘›‡‡• ƒÂ?† ‘ˆĎ?‹…‡”• ˆ”‘Â? ƒÂ?› ƒÂ?† ƒŽŽ …Žƒ‹Â?•ǥ •—‹–•ǥ Ž‘••‡•ǥ †ƒÂ?ÂƒÂ‰Â‡Â•ÇĄ …‘•–•ǥ or expenses, including attorney fees and court costs, by reason of liability ‹Â?’‘•‡† —’‘Â? –Š‡ ‹–›ǥ ‹–• ‡Â?’Ž‘›‡‡• ƒÂ?† ‘ˆĎ?‹…‡”•ǥ ˆ‘” †ƒÂ?ƒ‰‡• „‡…ƒ—•‡ ‘ˆ bodily injury, including death, at any time resulting therefrom, sustained by any person or persons, or on account of damage to property, both real and chattel, including the loss of use thereof, arising out of or the consequence of the applicant’s performance as a sign contractor, except only such injury or damages as shall be occasioned by the sole negligence of the City, its ‡Â?’Ž‘›‡‡• ƒÂ?† ‘ˆĎ?‹…‡”•Ǥ 6.

The bond shall be kept in force and effect for a period of one year after cancelation or termination of a license. The bond shall run concurrent with –Š‡ •‹‰Â? …‘Â?Â–Â”ÂƒÂ…Â–Â‘Â”ÇŻÂ• Ž‹…‡Â?•‡ ƒÂ?† •ŠƒŽŽ ‡š’‹”‡ ‘Â? –Š‡ Ď?‹”•– †ƒ› ‘ˆ ƒÂ?—ƒ”› ‘ˆ each year. ͚Ǥ

– •ŠƒŽŽ „‡ ‹ŽŽ‡‰ƒŽ ˆ‘” ƒÂ?› ’‡”•‘Â?ÇĄ Ď?‹”Â?ÇĄ ‘” …‘”’‘”ƒ–‹‘Â? –‘ ˜‹‘Žƒ–‡ ƒÂ?› ‘ˆ –Š‡ –‡”Â?• ƒÂ?† ’”‘˜‹•‹‘Â?• ‘ˆ –Š‹• ‹˜‹•‹‘Â?Ǥ Â?› ’‡”•‘Â?ÇĄ Ď?‹”Â?ÇĄ ‘” …‘”’‘”ƒ–‹‘Â? found guilty of violating the terms of this Code shall be guilty of a misdemeanor and punished pursuant to Section 1.04.100 of the Municipal Code. b. Sign Painters. ͳǤ ‘ ’‡”•‘Â?ÇĄ Ď?‹”Â?ÇĄ ‘” …‘Â?–”ƒ…–‘” ‘–Š‡” –ŠƒÂ? ƒ Ž‹…‡Â?•‡† •‹‰Â? …‘Â?Â–Â”ÂƒÂ…Â–Â‘Â”ÇĄ ĥ •‡– out in Item 1.a above, shall perform any work or services for compensation ĥ ƒ •‹‰Â? ’ƒ‹Â?–‡” ™‹–Š‘—– Šƒ˜‹Â?‰ Ď?‹”•– ‘„–ƒ‹Â?‡† ƒ •‹‰Â? ’ƒ‹Â?–‡”• Ž‹…‡Â?•‡ ˆ”‘Â? the Inspection Services Division and having paid the license fee set out by separate resolution of the City Council.

2.

The initial license fee for a sign painter, in an amount set out by separate ”‡•‘Ž—–‹‘Â? ‘ˆ –Š‡ ‹–› ‘—Â?…‹Žǥ •ŠƒŽŽ „‡ ’ƒ‹† ‹Â? ƒ†˜ƒÂ?…‡ ˆ‘” –Š‡ Ď?‹”•– Â›Â‡ÂƒÂ”ÇĄ ‘” fraction thereof, with an annual renewal fee thereafter.

3.

A sign painter license is not transferable. ͜Ǥ ˜‡”› ƒ’’Ž‹…ƒÂ?– ˆ‘” ƒ •‹‰Â? ’ƒ‹Â?–‡”ǯ• Ž‹…‡Â?•‡ •ŠƒŽŽ Ď?‹Ž‡ ™‹–Š –Š‡ ‹–› ƒ „‘Â?† in an amount set out by separate resolution of the City Council. The bond shall be kept in force and effect for a period of one year after cancelation or termination of a license. The bond shall run concurrent with the sign ’ƒ‹Â?–‡”ǯ• Ž‹…‡Â?•‡ ƒÂ?† •ŠƒŽŽ ‡š’‹”‡ ‘Â? –Š‡ Ď?‹”•– †ƒ› ‘ˆ ƒÂ?—ƒ”› ‘ˆ ‡ƒ…Š ›‡ƒ”Ǥ ͡Ǥ

– •ŠƒŽŽ „‡ ‹ŽŽ‡‰ƒŽ ˆ‘” ƒÂ?› ’‡”•‘Â?ÇĄ Ď?‹”Â?ÇĄ ‘” …‘”’‘”ƒ–‹‘Â? –‘ ˜‹‘Žƒ–‡ ƒÂ?› ‘ˆ –Š‡ –‡”Â?• ƒÂ?† ’”‘˜‹•‹‘Â?• ‘ˆ –Š‹• ‹˜‹•‹‘Â?Ǥ Â?› ’‡”•‘Â?ÇĄ Ď?‹”Â?ÇĄ ‘” …‘”’‘”ƒ–‹‘Â? found guilty of violating the terms of this Code shall be guilty of a misdemeanor and punished pursuant to Section 1.04.100 of the Municipal Code.

2. Sign Permits and Fees. a. Permits.

1.

Sign permits are required as follows: A. All operations of erecting, constructing, enlarging, altering, repairing, moving, improving, demolishing, maintaining, or converting any permanent on-premise or off-premise sign, except: i.

Painting, repainting, or cleaning when performed in conjunction with normal maintenance and repair of a sign not involving structural changes. ii.

The changing of advertising copy or a message on an approved painted and/or printed sign or on a marquee or •‹Â?‹Žƒ” ƒ’’”‘˜‡† •‹‰Â? –Šƒ– ƒ”‡ •’‡…‹Ď?‹…ƒŽŽ› †‡•‹‰Â?‡† ˆ‘” –Š‡ use of replaceable copy; or iii.

Removal of a sign shall not require the issuance of a sign permit if a demolition permit has been obtained for the building or structure on which the sign is mounted; or iv.

All on-premise and off-premise signs, except those listed in Item 3., of Section 25.05.140, Application.

B. Permit Fees. ‹Ǥ ’’Ž‹…ƒ–‹‘Â?• ˆ‘” ’‡”Â?‹–• •ŠƒŽŽ „‡ Ď?‹Ž‡† ™‹–Š –Š‡ Administrator before any work or placement is initiated, along with a fee as set out by separate resolution of the City Council.

ii.

In an emergency situation, work may be initiated and …‘Â?’Ž‡–‡† ™‹–Š‘—– Ď?‹”•– ƒ’’Ž›‹Â?‰ ˆ‘” ƒ ’‡”Â?‹–Ǣ Â’Â”Â‘Â˜Â‹Â†Â‡Â†ÇĄ however, that a permit shall be applied for within 24 hours ‘ˆ –Š‡ Ď?‹”•– ™‘”Â?‹Â?‰ †ƒ› ƒˆ–‡” …‘Â?’Ž‡–‹‘Â? ‘ˆ –Š‡ ™‘”Â?Ǥ

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­Ď˛ĎŹ DĞĂĆ?ĆľĆŒÄžĹľÄžĹśĆšĆ? ĂŜĚ Ä‚ĹŻÄ?ƾůĂĆ&#x;ŽŜĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­Ď˛ĎŹÍ˜Ď­ DĞĂĆ?ĆľĆŒÄžĹľÄžĹśĆšĆ?

1. Generally. The regulations of this Division shall be applied using the measurements set out in this Item.

2. Setbacks. All setbacks shall be measured from the property line to the nearest edge of the sign or sign element.

3. Sign Clearance. Sign clearance is the distance between the bottom of a sign face or structural ‡Ž‡Â?‡Â?– –Šƒ– ‹• Â?‘– ƒˆĎ?‹š‡† –‘ –Š‡ ‰”‘—Â?† ƒÂ?† –Š‡ Â?‡ƒ”‡•– ’‘‹Â?– ‘Â? –Š‡ •—”ˆƒ…‡ —Â?†‡” ‹–Ǥ Č‹ ‡‡ ‹‰—”‡ 25.05.160.1.1, Measurement of Sign Clearance) &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­Ď˛ĎŹÍ˜Ď­Í˜Ď­ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ 4. Sign Height. For detached signs (temporary and permanent), sign height is: a. When the grade difference between the sign base and street centerline is 30 inches or less, sign height is measured from the ground level at the base to the top of the sign face or sign structure, whichever is higher. b. When a sign is intended for viewing from an elevated roadway, interchange overpass, bridge, or viaduct, the bottom of the sign face is measured 30 inches above the average elevation of the elevated roadway, bridge, or viaduct within a span with a distance of 30 feet in either direction from the sign face. c. Where the natural grade of the ground around the base of where a sign is to be located is 30 inches or more below the grade of the street centerline, the vertical distance to the top of the sign face or sign structure, whichever is higher, is measured from the elevation of the centerline of the adjacent street frontage. (See Figure 25.05.160.1.2, Measurement of Sign Height.) &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­Ď˛ĎŹÍ˜Ď­Í˜ĎŽ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ d.

Where the natural grade of the ground where the sign is to be located is higher than the street centerline, the vertical distance to the top of the sign face or sign structure, whichever is higher, is measured from the elevation of the average grade around the base of the sign.

4. Items of Information. An item of information is a word, logo, mark, abbreviation, symbol, geometric shape, image, or number with 10 or fewer digits (punctuation of numbers does not increase the number of items of information). (See Figure 25.05.160.1.3, Items of Information.) &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­Ď˛ĎŹÍ˜Ď­Í˜ĎŻ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­Ď˛ĎŹÍ˜ĎŽ Ä‚ĹŻÄ?ƾůĂĆ&#x;ŽŜĆ?

1. Generally. The calculations required by the regulations of this Division shall be according to the methodologies set out in this Item.

2. Sign Area. a. Single-Faced. For a sign composed of one sign face, the sign area shall be determined based on the outer dimensions of the frame surrounding the sign face, but excluding the sign structure supporting the sign unless it is part of the communication of the sign or used to differentiate it. In the case of a freestanding sign that includes blank spaces with the intention of adding wording in the future, the blank spaces shall be included in measuring the sign area. (See Figure 25.05.160.2.1, Calculating Sign Area) b. Individual Letters or FiguresǤ ‘” ƒ •‹‰Â? …‘Â?’‘•‡† ‘ˆ ‹Â?†‹˜‹†—ƒŽ Ž‡––‡”• ‘” Ď?‹‰—”‡•ǥ –Š‡ •‹‰Â? area is measured by that of the smallest rectangle or other geometric shape that encompasses all the letters or symbols, including any open areas within the sign face or faces individually. (See Figure 25.05.160.2.1, Calculating Sign Area) c. Double-Faced. For a sign composed of two sign faces that are constructed back to back, or at less than a 60Âş angle to each other, the sign area shall be determined based on the outer dimensions of the frame of the larger of the two sides, but excluding the structure supporting the sign unless it is part of the communication of the sign or used to differentiate it. (See Figure 25.05.160.2.2, Calculating Double-Faced Sign Area) d. Double-Faced, V-Shaped Sign. For a sign composed of two sign faces that are constructed at more than a 60Âş angle to each other, the sign area shall be determined based on the total area of the outer dimensions of both frames surrounding both sign faces together, but excluding the structure supporting the sign unless it is part of the communication of the sign or used to differentiate it. (See Figure 25.05.160.2.2, Calculating Double-Faced Sign Area) e. Tri-Face Sign. For a sign composed of three sign faces, the sign area shall be determined based on the total of the outer dimensions of all three frames surrounding the sign faces, but excluding the structure supporting the sign unless it is part of the communication of the sign or used to differentiate it. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­Ď˛ĎŹÍ˜ĎŽÍ˜Ď­ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­Ď˛ĎŹÍ˜ĎŽÍ˜ĎŽ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ 3. Signable Area. Signable area is calculated as follows: a. Wall Signs. The signable area of a wall sign is a two-dimensional area on the facade of a building that delineates the largest square, rectangle, or parallelogram which is free of protruding architectural details. b. Window Signs. The signable area of a window in the area of glass within a window frame. c. Other Signs. The area of the face of the sign which is designed to be used for text and graphics (the signable area does not include the sign’s supporting frame or structure, if any, provided that such frame or structure is not designed to display text or graphics).

4. Signable Area Ratio. Signable area ratio is the sign face area divided by the signable area. It is expressed as a percentage.

5. ‡Žƒ–‹‘Â?•Š‹’ ‡–™‡‡Â? ƒš‹Â?—Â? ‹‰Â? ”‡ƒ ƒÂ?† ƒš‹Â?—Â? ‹‰Â?ƒ„Ž‡ ”‡ƒ ƒ–‹‘. Where both a maximum sign area and a maximum signable area ratio are set out in this Division, the standard that results in the least sign area applies. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎłĎŹ 'ÄžĹśÄžĆŒÄ‚ĹŻ ÄžĆ?Ĺ?Ĺ?Ĺś ĂŜĚ DÄ‚Ĺ?ŜƚĞŜĂŜÄ?Äž ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎłĎŹÍ˜Ď­ 'ÄžĹśÄžĆŒÄ‚ĹŻ ÄžĆ?Ĺ?Ĺ?Ĺś 'ĆľĹ?ĚĞůĹ?ŜĞĆ?

1. Generally. The guidelines set out in this Item address issues related to sign compatibility, legibility, placement, color, and illumination. They are intended to complement the standards of this Division and to guide design decisions so as to result in quality visual environs.

2. Compatibility. Signs that are well-designed are those that complement rather than detract from a building’s architecture. Generally, all signs must be designed in a manner so as to be compatible with the building and property for which they are attached or located. a. Quality Design and Materials. Signs should contribute positively to the streetscape aesthetic and the character of development. b. Proportional Size and Scale. The scale of a sign relative to the building and other site improvements should be appropriate for the building on which it is placed and the area where it is located irrespective of the sign area allowed by this Code. c. Integrated Signs. Signs should be designed as an integrated element of the building ™Š‡”‡„› ‹–• Â?ÂƒÂ–Â‡Â”Â‹ÂƒÂŽÂ•ÇĄ …‘Ž‘”•ǥ Â•ÂŠÂƒÂ’Â‡Â•ÇĄ ƒÂ?† Ď?‹Â?‹•Š‡• …‘Â?’Ž‡Â?‡Â?– –Š‡ „—‹Ž†‹Â?‰ ƒ”…Š‹tecture. New signs proposed for existing multi-tenant buildings should be compatible (plus/minus 10 percent) in size, scale, and type with the existing signage of other tenants.

3. Legibility. A sign that is effective in conveying its message should be designed to communicate its message clearly. To a large degree, this is accomplished by the readability of words and phrases. Š‡ Â?‘•– •‹‰Â?‹Ď?‹…ƒÂ?– ‹Â?Ď?Ž—‡Â?…‡ ‘Â? Ž‡‰‹„‹Ž‹–› ‹• Ž‡––‡”‹Â?‰ •–›Ž‡ ƒÂ?† •’ƒ…‹Â?‰Ǥ ‡‰‹„Ž‡ •‹‰Â?• –‡Â?† –‘ǣ a. Use a brief message as it is less cluttered and easier to read. b. Use common typefaces. c. Limit the number of lettering styles to no more than two for most signs. d. Occupy no less than 50 percent and no more than 75 percent of the sign area. e. Use recognizable symbols and logos. f. Use regular (versus irregular) shapes. g. Use substantially contrasting colors and materials between the background and the letters or symbols.

4. Placement. The placement of signs on buildings should be clearly visible and in logical locations where most patrons would expect to see a sign. Appropriate sign locations: a. Respect Building Architecture. To the extent practicable, signs should align and be compatible with the architectural details of the building’s façade. b. Create Visual Interest. On buildings that have a monolithic or plain façade, signs can be used to establish or continue appropriate design rhythm, scale, and proportion.

Well-designed signs create visual interest, a positive image of the business and its products or services, and continuity with other storefronts on the same or adjacent properties. c. Place within Structural Boundaries. Signs should not project above roof lines or the edges of building walls. d. Mark Main Building Entries. Signs should be placed at or near the main entrance to a building or parking lot to indicate the most direct access to the business.

5. Colors. Color is an important consideration in attracting attention while at the same time clearly communicating the name and nature of the business. a. Use Contrasting Colors. Signs should feature substantial contrasts between the colors and materials of the background and text or symbols. Light letters on a dark background (required for illuminated signs) or dark letters on a light background are most legible. b. Use Complementary Colors. Sign colors should complement the materials and colors on the subject and adjacent buildings, including their accent and trim colors. c. Avoid Use of Too Many Colors. The most legible signs are those with a limited use of accent colors. d. Avoid Florescent Colors. Florescent colors are distracting and do not blend well with other background colors 6. Illumination. Well-designed signs are appropriately illuminated with careful consideration as to the type and strength of illumination. a. Use Illumination Only as Necessary. Not all signs warrant illumination. In fact, non-illuÂ?‹Â?ƒ–‡† •‹‰Â?• ƒÂ?† ™‹Â?†‘™ †‹•’Žƒ›• Â?ƒ› „‡ •—ˆĎ?‹…‹‡Â?– –‘ ‹†‡Â?–‹ˆ› Â?ƒÂ?› „—•‹Â?‡••‡•ǥ particularly those that primarily operate during daylight hours and those in well-lit areas. b. Use a Projected Light Source. Illumination by a projected light, such as an indirect spotlight or gooseneck down light, is preferred to internal illumination. External light‹Â?‰ Ď?‹š–—”‡• •Š‘—Ž† „‡ •Â?ƒŽŽ ƒÂ?† —Â?‘„–”—•‹˜‡ ƒÂ?† •Š‘—Ž† Â?‘– …ƒ•– Ž‹‰Š– ‘” ‰Žƒ”‡ ‹Â? any direction other than on the elements of the sign. Such lighting shall be carefully placed so as to provide even illumination to the signage and to avoid hot spots or dark areas on the signage. c. Shield the Light Source. The light source, whether internal or external, should be shielded from view or directed so that the light intensity or brightness is not objectionable to surrounding areas. Signs should feature the minimum level required for nighttime ”‡ƒ†ƒ„‹Ž‹–›Ǥ ”‘—Â?†njÂ?‘—Â?–‡† ‡š–‡”Â?ƒŽ Ď?Ž‘‘† Ž‹‰Š–‹Â?‰ Â?—•– „‡ •Š‹‡Ž†‡† ƒÂ?† ’”‘’‡”Ž› placed and directed to avoid direct visibility of the directed light to passing motorists. d. Illuminated Signs. Individually illuminated letters, either internally illuminated or backlit (halo lit) solid letters (reverse channel) are preferred. Signs comprised of individual letters mounted directly on a structure can often use a distinctive element of the structure’s façade as a backdrop, better integrating them with the structure. e. Neon Lighting. Where artistically appropriate, exposed neon tubing may be used in conjunction with other types of materials to attractively emphasize the business name and/or logo. Linear exposed neon lighting outlining the perimeters or architectural features of buildings may be permitted by the Planning and Zoning Commission provided: 1.

The lighting is limited to the front and street-side elevations; 2.

The maximum linear footage of lighting is no greater than the linear width of the building on the front and street-side elevations, measured along the foundation from corner to corner, excluding building protrusions or extensions such as covered entries, porches, or vertical relief. f. Sign Electrical Raceways and Conduits: 1.

Electrical transformer boxes and raceways should be concealed from pubŽ‹… ˜‹‡™Ǥ ˆ ƒ ”ƒ…‡™ƒ› …ƒÂ?Â?‘– „‡ Â?‘—Â?–‡† ‹Â?–‡”Â?ƒŽŽ› „‡Š‹Â?† –Š‡ Ď?‹Â?‹•Š‡† ‡š–‡”‹‘” Â™ÂƒÂŽÂŽÇĄ –Š‡ ‡š’‘•‡† Â?‡–ƒŽ •—”ˆƒ…‡• ‘ˆ –Š‡ ”ƒ…‡™ƒ› •Š‘—Ž† „‡ Ď?‹Â?‹•Š‡† –‘ match the background wall or integrated into the overall sign design.

2.

If raceways are necessary, they should be as thin and narrow as possible and should never extend in width or height beyond the area of the sign’s lettering or graphics.

7. ‡•‹‰Â? Â?ŠƒÂ?…‡Â?‡Â?–•. a. Cosmetic Pole Covers. Instead of exposed poles, decorative cosmetic pole covers are used to enhance the quality appearance of the sign. Such covers give a more substantial ’”‘Ď?‹Ž‡ –‘ –Š‡ •‹‰Â?Ǥ ‘Ž‡ …‘˜‡”• Â?ƒ› „‡ Â?—Ž–‹nj–‹‡”‡† ‘” •‡‰Â?‡Â?–‡† ƒÂ?† Ď?‹Â?‹•Š‡† ™‹–Š ƒ –‡š–—”‡† Ď?‹Â?‹•Š ‘” ’ƒ‹Â?–‡† ‹Â? …‘Â?’Ž‹Â?‡Â?–ƒ”› –‘Â?‡•Ǥ ‘” •‹Â?‰Ž‡ ’‘Ž‡ •‹‰Â?•ǥ –Š‡ ’‘Ž‡ cover must be equal to or larger than 25 percent of the width of the sign. The pole covers for each leg of double pole signs must be proportionate to the size and height of the sign. The width of both pole covers should not exceed 25 percent of the width of the sign. (See Figure 25.05.170.1.1, Illustrative Examples of Cosmetic Pole Covers) &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎłĎŹÍ˜Ď­Í˜Ď­ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ b. Architecture. An example of architectural cohesiveness is where the design of –Š‡ •‹‰Â? ƒÂ?† ‹–• Â•ÂŠÂƒÂ’Â‡Â•ÇĄ …‘Ž‘”•ǥ ƒÂ?† Ď?‹Â?‹•Š‡• Â?‹Â?‹… ‘” ”‡‹Â?ˆ‘”…‡ –Š‡ ƒ”…Š‹–‡…tural lines and distinctive features of the building or development. This creƒ–‡• ƒ Â?ƒ–—”ƒŽ ƒÂ?† ‹†‡Â?–‹Ď?‹ƒ„Ž‡ …‘Â?Â?‡…–‹‘Â? „‡–™‡‡Â? –Š‡ •‹‰Â? ƒÂ?† –Š‡ „—‹Ž†‹Â?‰ǥ which helps to reinforce the brand image. In the images below, the arched roof line element is repeated on the sign to tie their designs together. (See Figure 25.05.170.1.2, Illustrative Example of Architectural Compatibility) &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎłĎŹÍ˜Ď­Í˜ĎŽ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ c. Landscaping. A landscaped planting area at the base of a sign typically consists of a raised border of at least eight inches in height from the natural grade and is constructed of landscape timbers, brick, landscaping stone, or rock. The planting area •Š‘—Ž† „‡ Ď?‹ŽŽ‡† ™‹–Š Â?—Ž…Š ‘” ƒ ‰”‘—Â?† …‘˜‡” ƒÂ?† ’ŽƒÂ?–‡† ™‹–Š Ž‘™nj‰”‘™‹Â?‰ ’‡”‡Â?nials. The area of the planting area should be a minimum of 32 square feet. d. Organic and Natural Materials. A blend of natural materials (e.g. stone, brick, or wood), together with metals and plastic components of the sign can soften the image and make for an interesting and attractive sign. (See Figure 25.05.170.1.3, Illustrative Examples of Architectural Compatibility) &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎłĎŹÍ˜Ď­Í˜ĎŻ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ e. Earthern Berm. An earthen berm with a height of no more than two feet above natural

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grade beneath the base of a sign creates a pedestal that may be landscaped with low-growing ground cover or foliage. f. Accent Lighting. Concealed up-lighting, down-lighting, or concealed cove lighting accents on a pole cover and selected segments of a sign can create dramatic effects to an otherwise plain sign design. (See Figure 25.05.170.1.4, Illustrative Examples of Accent Lighting) &ŝŐƵƌĞ Ϯϱ͘Ϭϱ͘ϭϳϬ͘ϭ͘ϰ ŽŶ ĮůĞ ŝŶ ƚŚĞ WůĂŶŶŝŶŐ ŝǀŝƐŝŽŶ KĸĐĞ͕ ZŽŽŵ ϯϬϴ͕ ŝƚLJ ,Ăůů g. Decorative Elements. Decorative elements added to the design of a sign, such as, but not ǡ ϐ ǡ ϐ ǡ scrolled embellishments, and three-dimensional elements add character to a sign while creating a memorable image for potential customers. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϱ͘ϭϳϬ͘Ϯ WƌŽŚŝďŝƚĞĚ ^ŝŐŶƐ ĂŶĚ ^ŝŐŶ ůĞŵĞŶƚƐ 1. GenerallyǤ ϐ signs and sign elements that are not allowed anywhere in the City.

2. Prohibited Signs. a. The following signs are prohibited in all areas of the City: 1.

Animated or moving signs that are visible from public street rights-of-way, including any moving, swinging, rotating, ϐ , blinking, scintillating, ϐ ǡ ȋ time and temperature signs and those as allowed in Subsection 25.05.170.6, Message Centers).

These signs include pennants, ribbons, streamers, spinners, or other similarly moving devices, whether or not part of any sign.

2.

Abandoned signs.

3.

Portable signsǡ ϐ 25.05.180.6, Portable Signs.

4.

Signs placed on public property, except those placed by the public entity ϐ subdivision entrance signs when located within the subdivision limits on property that is commonly owned and subject to covenants, conditions, and restrictions.

5.

Off-premise advertising signs that are located on building roofs or walls.

6.

Stacked off-premise advertising signs. ͹Ǥ ϐ ȋ ǡ ǡ ǡ Ȍ ϐ ǡ ǡ words “stop”, “look”, “drive-in”, “danger” or any other word, phrase, symbol, or character and are used in such manner as to interfere with, mislead, or ϐ Ǥ 8.

Any non-governmental sign that is located in, upon, or over any public right-of-way, except: A. Projecting signs in the Mixed Use (MU) and Downtown Commercial (DC) districts, and in the Historic Area (HA) sub-districts, as applicable; Ǥ ϐ Ǣ C. Banners posted or approved by the City on utility or light poles; Ǥ Ǧϐ gram; and Ǥ ϐ benches and in accordance with this Division. ͻǤ ϐ the view from any window or exit in an adjacent or abutting building, as set out in Subsection 25.05.170.3, Unsafe and Prohibited Signs.

10.

Signs attached in any form, shape, or manner which will interfere with any opening required for ventilation, except that such a sign may be erected in front of and may cover transom windows when not in violation of the ϐ Ǥ ͳͳǤ ϐ ǡ ǡ ǡ ϐ similar illuminating devices that are within structures but are clearly visible from outside the building.

12.

Signs that violate the solar access easements of adjacent properties.

13.

Signs with more than three sign faces.

14.

Signs that violate City, County, State, or Federal laws.

15.

Signs not expressly allowed by these regulations. b. Other signs may be prohibited in certain districts.

3. Prohibited Sign Materials. Paper and cloth signs are not suitable and shall not be used for exterior use (except high quality, weather-resistant cloth for awnings). Wood signs must be sealed and maintained to keep moisture from deteriorating the sign. Signs may not be constructed of plywood or particle board, by simply painting letters on wood, or using “sticker” letters. Commercial grade vinyl letters applied onto glass may be permissible.

4. Prohibited Sign Colors. Iridescent colors are prohibited.

5. Ǥ a. The following elements shall not be used as an element of signs or sign structures, whether temporary or permanent: 1.

Sound, smoke, or odor emitters.

2.

Stacked products (e.g., tires, soft drink cases, bagged soil or mulch). ͵Ǥ ϐ ǡ ϐ ished stakes. b. The following elements shall not be used as an element of signs or sign structures, whether temporary or permanent, which are visible from public street rights-ofway: 1.

Flags, banners, or comparable elements that are designed to move in the wind, but only when such elements are attached to another sign type (e.g., ϐ ϐ ǡ signs).

2.

Spinning or moving parts, unless used in the restoration or reproduction of nostalgic historical displays of a past era (in Sioux City).

3.

Flashing lights, except on holiday displays which are exempted from regulation by Section 25.05.140, Application; Item 3, Signs That Do Not Require a Sign Permit., or used in the restoration or reproduction of nostalgic historical displays of a past era (in Sioux City).

4.

Motor vehicles, unless: A. The vehicles are functional, used as motor vehicles, and have current registration and tags; and B. The display of signage is incidental to the motor vehicle use. (See Figure 25.05.170.2, Vehicle Signs) 5.

Semi-trailers, shipping containers, or portable storage units, unless: A. The trailers, containers, or portable storage units are functional, used for their primary storage purpose, and, if subject to registration, have current registration and tags; B. The display of signage is incidental to the use for temporary storage, pick-up, or delivery; and C. The semi-trailer is parked in a designated loading area or on a construction site at which it is being used for deliveries or storage. &ŝŐƵƌĞ Ϯϱ͘Ϭϱ͘ϭϳϬ͘Ϯ ŽŶ ĮůĞ ŝŶ ƚŚĞ WůĂŶŶŝŶŐ ŝǀŝƐŝŽŶ KĸĐĞ͕ ZŽŽŵ ϯϬϴ͕ City Hall 6. Prohibited Content. a. The following content is prohibited without reference to the viewpoint of the individual speaker: 1.

Text or graphics of an indecent or immoral nature and harmful to minors; 2.

Text or graphics that advertise unlawful activity; ͵Ǥ ǡ ϐ ǡ ǡ imminent lawless action, or true threats; or 4.

Text or graphics that present a clear and present danger due to their poten ϐ information (for example, signs that use the words “Stop,” “Yield,” “Caution,” or “Danger,” or comparable words, phrases, symbols, or characters in such a manner as to imply a safety hazard that does not exist). Ǥ ϐ tected by the United States or Iowa Constitutions, or are offered limited protection that is outweighed by the substantial governmental interests in protecting the public safety and welfare. It is the intent of the City Council that each paragraph of this Item be individually severable in the event that a court of competent jurisdiction is to hold one or more of them to be inconsistent with the United States or Iowa Constitutions. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϱ͘ϭϳϬ͘ϯ hŶƐĂĨĞ ĂŶĚ WƌŽŚŝďŝƚĞĚ ^ŝŐŶƐ 1. Generally. Attached signs shall be installed on signable areas of buildingsǡ ϐ Subsection 25.05.160.2, Calculations. Detached signs shall be set back as required by Subsection 25.05.180.3, Freestanding Signs. Signs that are in violation of this Item are subject to immediate removal, as set out in Item 6, below.

2. Unsafe Signs. If the Administratorǡ ǡ ϐ sign regulated by this Division is an immediate peril to persons or property, the Administrator shall cause it to be removed summarily and without notice. Signs determined to be unsafe, insecure, or a menace to the public shall be ϐ ϐ owner or occupant of the building or property. Removal of an unsafe sign by the Administrator, or a designee, shall be at the expense of the owner of the sign or the owner of the property on which the sign is located.

3. Prohibited Obstructions. In no event shall a sign, whether temporary or permanent, obstruct: a. Features of the building or site that are necessary for public safety, including standpipes ϐ Ǣ b. Be erected where, by reason of the position, shape, or color, it interferes with or obstructs the view of a sight distance triangle.

4. Prohibited Mounts. No (snipe) sign shall be placed on public property, whether temporary or permanent, or shall be posted, installed, or mounted on any of the following locations: a. On trees, shrubs, or landscaping of any type. b. On utility poles or light poles. c. On utility cabinets, except signs posted by the utility that are necessary for public safety ϐ Ǥ 5. Prohibited Locations. In addition to the setback requirements set out in Section 25.05.180, Permanent and Temporary Signs, and other restrictions of this Division, no sign shall be located in any of the following: a. In locations that have less horizontal or vertical clearance from authorized communication or energized electrical power lines than that prescribed by the laws of the State of Iowa and the regulations duly promulgated by agencies thereof. (See Subsection 25.05.170.8, Construction Standards) b. Within easements for overhead utilities (placement in other utility easements is allowed only if approved by the utility service provider and if the other applicable requirements of this Code are met).

6. Removal of Prohibited Signs. Except for signs that constitute a safety hazard, persons having ϐ ϐ ǡ ǡ ǡ ϐ ǡ with the Administrator, or designee, to discuss the prohibited sign and the procedures for conforming with the regulations set out in this Division. Failure by the owner of the prohibited sign to appear at the scheduled meeting shall not be reason for delaying removal of the prohibited sign. After proper notice, prohibited signs shall be removed within 10 calendar days of the time of receipt of ϐ Ǥ ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϱ͘ϭϳϬ͘ϰ /ƚĞŵƐ ŽĨ /ŶĨŽƌŵĂƟŽŶ No sign face shall contain more than 20 items of information. Items of information are measured as provided in Subsection 25.05.160.1, Measurements. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϱ͘ϭϳϬ͘ϱ /ůůƵŵŝŶĂƟŽŶ ŽĨ ^ŝŐŶƐ 1. Generally. a. Signs shall be indirectly illuminated or, if directly illuminated, the source of illumination shall be shielded from public view. Ǥ ϐ ǡ ǡ ϐ ϐ ϐ or highway. c. No sign lighted by any type of indirect lighting shall have any such lighting which exceeds 1,600 milliamps rated capacity, nor shall any sign lighted by neon or similar material have such neon or similar material which exceeds 300 milliamps rated capacity.

2. Color. Illumination shall be in white light only.

3. . When electrical service is provided to a sign, all such electrical service shall be permanently installed in accordance with the City’s adopted electrical code, as amended from time to time, and shall be placed underground. In special circumstances, when underground electrical service is impractical, above-ground electrical service may be approved by the Planning and Zoning Commission only upon a favorable recommendation of the Administrator.

4. Optical Sensor. All signs that are directly illuminated shall include a sensor or other device that automatically determines the ambient illumination and is programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the footcandle requirement set out in Item 6, below.

5. Sign Illumination. Signs shall not exceed 0.3 footcandles over ambient light conditions. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϱ͘ϭϳϬ͘ϲ DĞƐƐĂŐĞ ĞŶƚĞƌƐ ĂŶĚ ŚĂŶŐĞĂďůĞ ŽƉLJ ^ŝŐŶƐ 1. Generally. Changeable copy signs and electronic message centers may be used as part of monument, pylon, or pole signs, and marquee signs to a limited degree, pursuant to the standards of this Item.

2. Message Centers. Message centers may be incorporated into signage as follows: &ŝŐƵƌĞ Ϯϱ͘Ϭϱ͘ϭϳϬ͘6.ŽŶ ĮůĞ ŝŶ ƚŚĞ WůĂŶŶŝŶŐ ŝǀŝƐŝŽŶ KĸĐĞ͕ ZŽŽŵ ϯϬϴ͕ ŝƚLJ ,Ăůů a. Design Requirements. (See Figure 25.05.170.6.1, Message Center Design Requirements) 1.

Message centers are only permitted as an integral element of a monument sign, pole sign, pylon sign, or marquee sign, which enclose the message ϐ ǡ ǡ ǡ ȋ ϐ Ȍ ǡ sign face. The enclosure shall extend not less than six inches from the electronic message center in all directions.

2.

Message centers shall make up not more than 50 percent of the sign area of a monument sign, pole sign, or pylon sign, and not more than 75 percent of the sign area of a marquee sign. The balance of the sign area shall utilize permanent, dimensional letters or symbols.

3.

No sign structure that includes a changeable copy sign may also include a

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message center. b. Operational Requirements. Message centers: 1.

Are prohibited in the Downtown Commercial (DC) district and the Historic 4th Street (HA-4) and Historic Pearl Street (HA-P) sub-districts, with the exception of those on marquee signs; and 2.

Are prohibited in the Agriculture (AG), Rural Residential (RR), Suburban Residential (SR), General Residential (GR), Urban Residential (UR), and Suburban Commercial (SC) districts; in the NC.1, NC.2, and NC.3 sub-districts; and the HA-N sub-district, except message centers may be permitted: A. As part of a conditionally permitted use (requiring a new application for an existing conditional use) in the Urban Residential (UR) and Suburban Commercial (SC) districts, as set out in the tables in Subchapter 25.02-C, Land Uses; and B. With approval of a conditional use permit for public, institutional, nonresidential, or mixed uses that exist as of the effective date of this Code in the Suburban Residential (SR) and General Residential (GR) districts, or in the NC.4 or NC.5 sub-districts, subject to the standards of this Division; and 3.

Shall not be permitted if there is a nonconforming message center, owned ǡ ϐ ǡ ǡ ͳǡ͵ʹͲ location, unless the nonconforming sign becomes conforming.

4.

Shall only include one message center per sign. c. Standards.

1.

Display. Message centers shall: A. Contain a static message that may only be monochrome, variable shades, or full color.

B. Contain a default design that will freeze the sign in one position with no more illumination than 0.3 footcandles above ambient light if a malfunction occurs.

C. Display messages for a period of not less than two seconds and use transitions or frame effects must be accomplished within an interval of two seconds or less.

D. Not include audio, pyrotechnic, or bluecasting (bluetooth advertising) components.

2.

Lighting. Message centers shall: A. Not exceed 0.3 footcandles above ambient light when measured ϐ Ǥ ϐ consistency of the measurement when applied to electronic message centers of varying sizes and resolutions. The instrument to measure the illuminance of electronic message centers shall be an illuminance meter more commonly referred to as a lux or footcandle meter. The illuminance meter must have the ability to provide a reading up to two decimal places and must be set to read footcandles. The method to calculate the appropriate distance from which the illuminance shall be measured is the square root of the area of the message center times 100.

B. Be equipped with a sensor or other device that automatically determines the ambient illumination and is programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with a maximum illumination of 0.3 footcandle over ambient light conditions.

3.

Spacing. Message centers shall have a minimum spacing of: A. 50 feet between the message center and the property line of any residential use or district set out in Subchapter 25.02-C, Land Uses.

Such message centers shall comply with the standards set out in Subsection 25.05.200.2, Residential Areas. The distance shall be calculated as the shortest measurable distance between the nearest point of the sign to the edge of the residential property line or district or to the property line of an institutional use.

B. 400 feet between message centers on the same property, with a maximum of no more than two message centers per any street frontage. The distance shall be calculated as the shortest measurable distance between the nearest points of the signs.

C. 25 feet between a message center and an existing building. The distance shall be calculated as the shortest measurable distance between the nearest point of the sign or sign element and the nearest point of the existing building.

3. Changeable Copy Signs. Changeable copy signs may be incorporated into signage as follows: a. Design Requirements.

1.

Changeable copy signs are only permitted as an integral element of a monument, pylon, pole or marquee signs, which enclose the changeable copy ϐ ǡ ǡ ǡ ȋ ϐ Ȍ ǡ sign face. The enclosure shall extend not less than six inches from the changeable copy area in all directions. Gaps between the changeable copy area and the surround are permitted to accommodate locks and hinges for a cover for the changeable copy area, but only to the extent necessary for such locks and hinges to operate.

2.

Changeable copy signs, including their frames, shall make up not more than 50 percent of the sign area of a monument sign, pole sign, or pylon sign, and not more than 75 percent of the sign area of a marquee sign. The balance of ϐ Ǥ See Figure 25.05.170.6.b, Manual Changeable Copy Signs and Inserts. b. Lettering of changeable copy signs shall be of a single style and shall be of uniform color and size. c. Manual changeable copy signs shall not be internally lit unless: 1.

They use opaque inserts with translucent letters, numbers, or symbols (see Figure 25.05.170.6.2, Manual Changeable Copy Centers and Inserts); 2.

Blank or dark opaque inserts that are the same color as the opaque portions of the letters, numbers, and symbols are used over all areas of the sign where copy is not present; and 3.

The opaque portion of the letters, numbers, and symbols is the same color. &ŝŐƵƌĞ Ϯϱ͘Ϭϱ͘ϭϳϬ͘ϲ͘Ϯ ŽŶ ĮůĞ ŝŶ ƚŚĞ WůĂŶŶŝŶŐ ŝǀŝƐŝŽŶ KĸĐĞ͕ ZŽŽŵ ϯϬϴ͕ ŝƚLJ ,Ăůů

19

nized by category for attached signs, freestanding signs, temporary, and portable signs. The zoning districts are arranged in columns. Where rows and columns intersect, a letter indicates if the sign is allowed, limited, conditional, or prohibited in the district.

2. Interpretation. The table in this Section uses the following symbols: a. “A” means that the sign type is Allowed in the applicable districts. Permanent attached and freestanding signs (excluding temporary and portable signs) require a sign permit, which an application is submitted to and considered and approved by the Administrator, or a designee. b. “L” means that the sign type is Limited, meaning that it is allowed in the applicable district, subject to the standards and requirements set out in Section 25.05.140, Application; Item 3, Signs That Do Not Require a Sign Permit; Subsection 25.05.180.5, Temporary Signs; or 25.05.180.6, Portable Signs. In the determination of the Administrator, signs that do not meet the standards and requirements of these Items require conditional approval by the Planning and Zoning Commission prior to the issuance of a sign permit. c. “C” means that the sign type is Conditional, meaning that the sign type: 1.

Is only allowed for conditionally permitted uses within the applicable districts (including each of the Neighborhood Conservation sub-districts), as set out in and designated as a conditional use (“C”) the tables in Subchapter 25.02-C, Land Uses; 2.

May be allowed for existing public, institutional, nonresidential, and mixed uses that existed on the effective date of this Code within the Rural Residential (RR), Suburban Residential (SR), General Residential (GR) and Urban Residential (UR) districts, as well as the NC.4 and NC.5 Neighborhood Conservation (NC) sub-districts, with the approval of a conditional sign permit, which is processed consistent with the requirements for a conditional use permit, as applicable, as set out in Subsection 25.06.090.7, Conditional Use Permit.

3.

May be allowed for certain sign types in certain districts, with a conditional sign permit; or 4.

Is otherwise prohibited. d. “P” means that the sign type is Prohibited in the applicable zoning district.

3. Signs In, Abutting, or Adjacent to Residential Districts and Uses. Refer to Subsection 25.05.200.2, Residential Areas, for standards and restrictions on the types and design of signs for land uses that are within, abutting, or adjacent to residential districts, including the Neighborhood Conservation (NC) sub-districts, and residential uses.

4. Multi-Tenant Structures, Shopping Centers, and Malls. Refer to Subsection 25.05.190.1, Sign Design Program Alternative, for additional signage allowed for these uses.

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϱ͘ϭϳϬ͘ϳ tĂůů ^ŝŐŶƐ 1. Districts Allowed. Painted wall signs and directional wall signs are allowed in the districts set out in Subsection 25.05.180.2, Attached Signs, subject to the issuance of a sign permit. Denial of sign permit by the Administrator shall be handled as an administrative appeal to the Board of Adjustment, as set out in Subsection 25.06.090.20, Administrative Appeals.

2. Required Permit Findings. The sign: a. Shall conform to all regulations of this Code; b. Will not interfere with the reasonable peace and enjoyment of their neighboring properties; c. Will not substantially detract from the aesthetic value of the neighborhood; d. Is consistent with sound planning of the City’s growth in terms of health, safety, and convenience within the neighborhood and any affected vicinity; and e. Promotes economic conditions or public welfare within the City.

3. Directional Wall Sign Criteria. A painted directional wall sign shall meet the following criteria: a. The sign must give directions to a service or amenity of a business located within the structure’s wall on which the sign is painted. b. The sign is no larger than reasonably necessary to be read by the persons who will ben ϐ directional sign. c. Sign letters are no larger than reasonably necessary to be read by the persons who will ϐ Ǥ d. The sign must be located on the lower one-half of the wall surface; and e. Persons applying for a painted directional wall sign are encouraged to utilize prefabricated or manufactured directional signs, which are exempt from the permitting requirements as set out in Section 25.05.140, Application.

4. Application Requirements. A drawing of the sign proportionate to the wall surface shall be provided with the application. Persons having an ownership interest in the structure to which the sign is to be attached are exempt from the licensing requirements set out in Section 25.05.150, Administration, and may paint the approved wall sign on the structure. If the painted wall sign is deemed by the Administrator, or a designee, to be inconsistent with the approved drawing submitted as a part of the application, the applicant shall be required to remove the sign. A licensed sign painter shall be required for any re-application of a painted wall sign as set out in Section 25.05.150, Administration.

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϱ͘ϭϴϬ͘Ϯ ƩĂĐŚĞĚ ^ŝŐŶƐ 1. Generally. The sign types that are allowed in each zoning district are set out in Subsection 25.05.180.1, Sign Types by District. This Item sets out the standards that are applicable for each sign type within the applicable districts, which are organized by general use type, as follows: a. Table 25.05.180.2.1, Attached Signs, Agriculture and Residential Districts; b. Table 25.05.180.2.2, Attached Signs, Mixed Use and Nonresidential Districts; and c. Table 25.05.180.2.3, Attached Signs, Special and Historic Districts.

2. Signs In, Abutting or Adjacent to Residential Districts and Uses. Refer to Subsection 25.05.200.2, Residential Areas, for standards and restrictions on the types and design of signs for land uses that are within, abutting, or adjacent to residential districts, including the Neighborhood Conservation (NC) sub-districts, and residential uses.

3. Multi-Tenant Structures, Shopping Centers, and Malls. Refer to Subsection 25.05.190.1, Sign Design Program Alternative, for additional signage allowed for these uses.

4. Sign Allowances. Certain sign types, and combinations of sign types, are allowed in each district, which are set out in the table below under “Allowance.”

5. Cumulative Sign Area. The cumulative sign area that is allowed within each applicable district is set out in Table 25.05.180.2.1, Attached Signs, Agriculture and Residential Districts, which are set out for the following general use types: a. Multiple-Family, Mixed-Use, and Commercial Uses of the Home; b. Institutional, Recreation, and Amusement Uses; and c. Commercial Uses.

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϱ͘ϭϳϬ͘ϴ ŽŶƐƚƌƵĐƟŽŶ ^ƚĂŶĚĂƌĚƐ 1. General Regulations. a. All signs and their locations shall comply with the provisions of the City’s building code, the National Electrical Code (NEC), as amended and adopted by the City, and additional standards set out in this Code and other ordinances of the City. b. All on-premise advertising signs erected or remodeled after the effective date of this ǡ ϐ ǡ ϐ ǡ sponsible for the construction and erection of the sign. c. All off-premises advertising signs erected or remodeled after the effective date of this ǡ ϐ number and stating the name of the owner of the sign or corporation responsible for its construction or erection. d. All signs shall maintain clearances from overhead electrical connectors as follows: 1.

Under 600 volt, insulated = three feet; ʹǤ ͸ͲͲ ǡ α ϐ Ǣ ͵Ǥ ͸Ͳͳ ʹǡͷͲͲ α ϐ Ǣ 4.

2,501 volt to 9,000 volt = six feet; 5.

9,001 volt to 25,000 volt = nine feet; 6.

25,001 volt to 75 kilovolt (KV) = 10 feet; and 7.

Above 75 kilovolt (KV) = 12 feet. e. Signs shall not be suspended by chains or other devices that will allow the sign to swing, due to wind action. Signs shall be anchored to prevent any lateral movement that could cause wear on supporting members or connections. f. Supports and braces shall be an integral part of the sign design. Angle irons, chains, or wires used for supports or braces shall be hidden from public view to the extent technically feasible. g. Any advertising signs erected or maintained on any freestanding sign structure other than the principle sign for which the structure was designed must be compatible with the original design and meet all other requirements of this Division. h. Freestanding signs shall be self-supporting structures and be permanently attached to ϐ Ǥ i. Attached signs must derive their principle and total support from the building to which they are attached. j. All signs shall be constructed to withstand wind loads of 30 pounds per square foot on the largest face of the sign and structure and considering the height of the sign above grade. k. All off-premises advertising signs shall be constructed on steel supports. All off-premises advertising signs on wood supports are subject to the amortization schedule as provided in Subsection 25.06.120.5, Nonconforming Signs. l. After any sign requiring a permit is constructed or erected, the sign contractor perform ϐ tion of the sign.

2. . a. Electrical service to freestanding, on-premise advertising signs shall be concealed to the maximum extent practicable. b. Electrical signs shall be marked with input amperes at full load. Ǥ Ȁ ϐ the ground, from the Underwriter’s Laboratories, Inc. (UL), or any other approved ϐ ϐ Ǥ

6. Sign Allowances. Certain sign types, and combinations of sign types, are allowed in each district, which are set out in the table below under “Allowance.”

7. Cumulative Sign Area. The cumulative sign area that is allowed within each applicable district is set out in Table 25.05.180.2.2, Attached Signs, Mixed-Use and Nonresidential Districts, which are set out for all applicable allowed, limited, and conditional uses within the Mixed Use and Nonresidential districts.

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϱ͘ϭϳϬ͘ϵ ^ŝŐŶ DĂŝŶƚĞŶĂŶĐĞ 1. Generally. Signs and sign structures of all types (attached, freestanding, and temporary) shall be maintained in a safe, representable, and good structural condition at all times, including replacement of defective parts (except when a weathered or natural surface is intended), repainting, cleaning, and other acts required for the maintenance of such sign.

2. Authority. The Administrator, or designee, shall have the authority to inspect and order the painting, repair, alteration, or removal of a sign that constitutes a hazard to the safety, health, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence. Such repair or removal shall be at the expense of the owner of the sign or the owner of the property upon which the sign is located. Such process shall be as set out in Subsection 25.05.170.3, Unsafe and Prohibited Signs, Item 6, Removal of Prohibited Signs.

3. Code Compliance. All signs shall be constructed and installed in accordance with applicable provisions of this Code, as well as all of codes adopted by the City.

4. Message. Signs shall display a message. Signs that do not display a message for a period of more than 30 days are considered an abandoned sign.

5. Materials. The material(s) of the sign face shall be maintained in a condition that is not broken, cracked, chipped, torn, discolored, or excessively weathered whereby the sign is unsightly or difϐ Ǥ 6. Paint and FinishesǤ ϐ Ǥ ϐ Ǥ ǡ ǡ running colors were not a part of the original design.

7. Mineral Deposits and Stains. Mineral deposits and stains shall be promptly removed.

8. Corrosion and RustǤ ϐ prevent corrosion and rust. A patina on copper elements is not considered rust.

9. Ground Area. The ground area around any freestanding (detached) sign shall be kept free and clean of weeds, trash, and other debris.

10. Level Position. Signs that are designed to be level, whether temporary or permanent, shall be installed and maintained in a level position. ^ ͘ Ϯϱ͘Ϭϱ͘ϭϴϬ W ZD E Ed E d DWKZ Zz ^/'E^ ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϱ͘ϭϴϬ͘ϭ ^ŝŐŶ dLJƉĞƐ ďLJ ŝƐƚƌŝĐƚ 1. Allowable Sign Types. The tables in this Section list the applicable sign types in rows, orga-

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elevation of the centerline of the adjacent street right-of-way to the uppermost part of the sign face, base, or structure, as set out in Subsection 25.05.160.1, Measurements.

6. Required SetbacksǤ ϐ nearest edge of the sign to all property lines. This standard may be waived by the Administrator if: Ǥ ϐ ϐ to the property line (but not across it); or b. The waiver would lower the elevation of the base of the sign by more than 30 inches and: 1.

The sign will be set back at least one foot from any sidewalk; 2.

The sign will not encroach on any easement; 3.

The sign will not intrude into or obstruct a required sight distance triangle; and ͶǤ ϐ ment and the property line; or c. The sign is a bus stop or transit shelter sign.

7. . Any freestanding sign that incorporates three or more of the design enhancements set out in Subsection 25.05.170.1, General Design Guidelines, shall qualify for up to a 20 percent bonus in sign area. However, if a bonus for design enhancements is used, no additional bonus is available for monument signs (as set out in Item 14, below) as the maximum cumulative bonus is ʹͲ Ǥ ϐ and approval of the sign plans. The sign permit ϐ Administrator if the sign is constructed without the required and approved design enhancements.

8. Freestanding Signs by District. The freestanding sign types that are allowed in each zoning district are set out in Subsection 25.05.180.1, Sign Types by District. This Item sets out the standards that are applicable for each freestanding sign type within the applicable districts, which are organized by general use type, as follows: a. Table 25.05.180.3.1, Freestanding Signs, Agriculture and Residential Districts; b. Table 25.05.180.3.2, Freestanding Signs, Mixed Use and Nonresidential Districts; and c. Table 25.05.180.3.3, Freestanding Signs, Special and Historic Districts.

9. Standards for Agriculture and Residential Districts. The standards that are applicable to each sign type are listed individually in Table 25.05.180.3.1, Freestanding Signs, Agriculture and Residential Districts. In the agriculture and residential districts, these signs are for the following general use types: a. Multiple-Family and Commercial Uses of the Home; b. Institutional, Recreation, and Amusement Uses; and c. Commercial Uses.

10. Sign Allowances. Certain sign types, and combinations of sign types, are allowed in each district, which are set out in the table for each sign type.

11. Cumulative Sign Area. The cumulative sign area for both attached and freestanding signs that is allowed within each applicable district is set out in Table 25.05.180.3.1, Attached Signs, Agriculture and Residential Districts.

12. Signs Prohibited in Single-Family Areas. With the exception of signs that do not require a permit, signs for home occupations and property addressing, and allowable temporary signs, signs are prohibited in the agriculture and residential districts.

16. Sign Allowances. Certain sign types, and combinations of sign types, are allowed in each district, which are set out in the table for each sign type.

17. Limitation for the HA-N Sub-District. For the allowed, limited, and conditional uses permitted in the HA-N sub-district, refer to the allowed freestanding signs in the General Residential (GR) district set out in Table 25.05.180.3.1, Freestanding Signs, Agriculture and Residential Districts.

18. Cumulative Sign Area. The individual business and cumulative sign area that is allowed within each applicable district is set out in Table 25.05.180.3.3, Attached Signs, Special and Historic Districts, which are set out for all applicable allowed, limited, and conditional uses within the Special and Historic districts.

19. . As an incentive for the use of freestanding monument signs in the Casino Entertainment (CE) and Public and Institutional (PI) districts, a 20 percent bonus in cumulative sign area may be achieved, as follows: a. The individual and cumulative sign areas may be increased by 20 percent of that shown below in Table 25.05.180.3.3, Freestanding Signs, Special and Historic Districts; b. The minimum separation between monument signs may be reduced from 100 feet to 75 feet; and c. More than one monument sign may be allowed on the street frontage of the highest func ϐ Ǥ

8. Sign Allowances. Certain sign types, and combinations of sign types, are allowed in each district, which are set out in the table below under “Allowance.”

9. Limitation for the HA-N Sub-District. For the allowed, limited, and conditional uses permitted in the HA-N sub-district, refer to the allowed signs in the General Residential (GR) district set out in Table 25.05.180.2.1, Attached Signs, Agriculture and Residential Districts.

10. Cumulative Sign Area. The individual business and cumulative sign area that is allowed within each applicable district is set out in Table 25.05.180.2.3, Attached Signs, Special and Historic Districts, which are set out for all applicable allowed, limited, and conditional uses within the Special and Historic districts.

13. Sign Allowances. Certain sign types, and combinations of sign types, are allowed in each district, which are set out in the table for each sign type.

14. Cumulative Sign Area. The cumulative sign area that is allowed within each applicable district is set out in Table 25.05.180.3.2, Attached Signs, Mixed-Use and Nonresidential Districts, which are set out for all applicable allowed, limited, and conditional uses within the Mixed Use and Nonresidential districts.

15. . As an incentive for the use of freestanding monument signs in lieu of pole or pylon signs in the General Commercial (GC), Business Park (BP), and General Industrial (GI) districts, a 20 percent bonus in cumulative sign area may be achieved, as follows: a. The individual and cumulative sign areas may be increased by 20 percent of that shown below in Table 25.05.180.3.2, Freestanding Signs, Mixed-Use and Nonresidential Districts; b. The minimum separation between monument signs may be reduced from 100 feet to 75 feet; c. More than one monument sign may be allowed on the street frontage of the highest func ϐ Ǣ d. If a bonus for monument signs is used, no additional bonus is available for design enhancements (as set out in Item 7, above) as the maximum cumulative bonus is 20 percent.

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϱ͘ϭϴϬ͘ϯ &ƌĞĞƐƚĂŶĚŝŶŐ ^ŝŐŶƐ 1. Generally. This Item sets out which forms of freestanding signs are allowed in each zoning district, and the size and height standards that apply to them. Freestanding signs that are not listed in Table 6.402, Freestanding Sign Types, are not allowed in any of the districts set out in the table.

2. Signs In, Abutting or Adjacent to Residential Districts and Uses. Refer to Subsection 25.05.200.2, Residential Areas, for standards and restrictions on the types and design of signs for land uses that are within, abutting, or adjacent to residential districts, including the Neighborhood Conservation (NC) sub-districts, and residential uses.

3. Design of Freestanding Monument Signs. All freestanding monument signs shall be designed and constructed to substantially appear as a solid mass from the ground level to the highest portion of the sign.

4. Sign Materials. All freestanding signs must be made of masonry, stucco, metal, routed wood planks or beams, high density urethane, polycarbonates, or durable plastic.

5. Sign Height. Sign height shall be measured from the grade at the edge of the adjacent rightof-way or the grade at the base of the sign if such grade is above the grade at the edge of the street right-of-way to the uppermost part of the sign face, base, or structure. If the sign is located 30 inches or more below the grade at the edge of the right-of-way, sign height shall be measured from the

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^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϱ͘ϭϴϬ͘ϰ KīͲWƌĞŵŝƐĞ ĚǀĞƌƟƐŝŶŐ ^ŝŐŶƐ 1. Sign Types Allowed. Freestanding and painted wall signs in the General Commercial (GC), Business Park (BP), and General Industrial (GI) districts.

2. Sign Area Allowed. The total sign area for an off-premise advertising sign shall not exceed: a. General Commercial (GC) Business Park (BP), and Public and Institutional (PI) districts: 288 sf.; or b. General Industrial (GI) district: 672 sf.

3. Height Restrictions. The height of off-premises advertising signs shall not exceed: a. General Commercial (GC) and Business Park (BP) districts: 35 feet; or b. Business Park (BP) and Public and Institutional (PI): 45 feet; or c. General Industrial (GI) district: 55 feet.

4. Setbacks. Off-premise advertising signs shall be subject to the building setback requirements of the applicable districts.

5. Additional Regulations. Off-premises advertising signs shall: a. Be located with a minimum separation of 200 feet in all directions from other off-premise advertising signs, except along Interstate 29 between the southern city limits and U.S. Highway 20 where they shall have a minimum separation of 1,000 feet in all directions from other off-premises advertising signs. b. Not be erected within 300 feet of the rights-of-way of Interstate 29 between Hamilton Boulevard and the Big Sioux River; c. Not be located within a radius of 100 feet of any residential district; d. Not be located within 150 feet of any part of the premises of the following: 1.

A public park or square; 2.

Public or parochial school; 3.

Cemetery; 4.

Public buildings designated and erected for cultural purposes; 5.

Public assembly buildings; 6.

Public museums; 7.

Public libraries; 8.

Buildings housing the municipal, administrative, or judicial seats of county, state, or federal government; 9.

Designated local or national historic district; 10.

A historical marker or monument; or 11.

Any public or private property or any public street, road or highway bearing any legend, inscription, or notice which purports to record a historical event, incident, or fact conforming to the requirements of the Code of Iowa. e. Not be located within one-quarter mile (1,320 feet) in all directions from the War Eagle monument and the Floyd Monument Obelisk; f. Be erected within any area from a point 150 feet west of Pearl Street to a point 150 feet east of Nebraska Street and from the north line of the Missouri River to the north right-of-way line of Second Street, unless a variance has been granted by the Board of Adjustment; g. Not be located in, upon, or over any public right-of-way unless such portion of public Ǧ Ǧ ϐ ǣ of title; or Acquisition of an easement; or An encroachment permit pursuant to Chapter 17.28 of the municipal code has been obtained. Encroachment permits are ϐ ͶǤ͵͸ǤͲʹͲǤ Ǥ ϐ Ǣ i. Be constructed on a steel monopole support, unless a variance has been granted by the Board of Adjustment for other than monopole signs; and j. Be prohibited from the following districts: 1.

Agriculture (AG); 2.

Rural Residential (RR); 3.

Suburban Residential (SR); 4.

General Residential (GR); 5.

Urban Residential (UR); 6.

Neighborhood Conservation (NC), including all sub-districts; 7.

Mixed Use (MU); 8.

Suburban Commercial (SC); 9.

Downtown Commercial (DC); 10.

Casino Entertainment (CE); 11.

Public and Institutional (PI); and 12.

Historic Area (HA), including: A. Historic 4th Street (HA-4) sub-district; B. Historic Pearl Street (HA-P) sub-district; and C. Historic Neighborhood or Center (HA-N) sub-district.

6. Off-Premise Advertising Sign Free Corridors. Subject to all other provisions of this Item, no off-premise advertising sign shall be permitted within 300 feet of the nearest right-of-way line of the following: a. Singing Hills Boulevard between the primary ridge line of Loess Hills and South Lakeport Street; b. Highway 75 between Glenn Avenue and Vine Avenue; c. U.S. Highway 20 between the Missouri River and Gordon Drive; d. South Lakeport Street between Sunnybrook Drive and U.S. Highway 20; e. Morningside Avenue from the eastern City limits to Lewis Boulevard / U.S. Business 75; f. Sunnybrook Drive from Lakeport Street to U.S. Highway 20 / 75; g. Hamilton Boulevard between W. 19th Street and the northern City limits; h. West 4th Street from Riverside Boulevard / State Route 12 east to Wesley Parkway; i. Wesley Parkway from Hamilton Boulevard to the Missouri River; j. West 19th Street from Riverside Boulevard east to Hamilton Parkway; k. Riverside Boulevard / State Route 12 from Interstate 29 to the northern City limits; and

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l. Outer Drive between Hamilton Boulevard and Indian Hills Drive.

7. Off-Premise Advertising Sign Free Areas. No off-premise advertising signs shall be permitted from the primary ridge line of the Loess Hills to: a. U.S. Highway 75 between Lincoln Way and the southern City limits; b. The Big Sioux River between Interstate 29 and Janet Avenue; and c. The Big Sioux River between Military Road and the northern City limits. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­Ď´ĎŹÍ˜Ďą dÄžĹľĆ‰Ĺ˝ĆŒÄ‚ĆŒÇ‡ ^Ĺ?Ĺ?ĹśĆ?

1. FindingsǤ Š‡ ‹–› ‘—Â?…‹Ž Ď?‹Â?†• Â–ÂŠÂƒÂ–ÇŁ a. There is a need and warrant for the display of signage on a one-time, limited duration, and/or intermittent basis to aid businesses and other public or private entities in communicating a commercial message to their customers, patrons, clients, or to the general public; b. The regulation of temporary signage is a substantial governmental interest as means for ’”‡•‡”˜‹Â?‰ –Š‡ “—ƒŽ‹–› ƒÂ?† ‹Â?–‡‰”‹–› ‘ˆ –Š‡ ˜‹•—ƒŽ ‡Â?˜‹”‘Â?• ‹Â? ƒ Â?ƒÂ?Â?‡” –Šƒ– ”‡Ď?Ž‡…–• positively on the community and its attractiveness as a place to visit and live; and c. It is reasonable to regulate the number, size, height, location, and duration of signs that are placed on property on a temporary basis so as not to devalue or to lessen the impact or importance of permanent signage.

2. Purpose. The purpose of this Item is to set standards for the placement and timing of temporary signsÇĄ ™Š‹…Š ƒ”‡ ‰‡Â?‡”ƒŽŽ› …Žƒ••‹Ď?‹‡† ĥ ÂˆÂ‘ÂŽÂŽÂ‘Â™Â•ÇŁ a. Promotional signs; b. Promotional signs for non-commercial activities or events; c. Business establishment signs; and d. Interim signs.

3. Applicability. The standards of this Item are applicable to the types of portable signs set out in Item 6., below, and in the districts set out in Subsection 25.05.180.1, Sign Types by District.

4. Â?ˆ‘”…‡Â?‡Â?–Ǥ a. Temporary signs that are installed improperly or illegally will be removed by the City ƒÂ?† –Š‡ ˜‹‘Žƒ–‘”• ™‹ŽŽ „‡ Â?‘–‹Ď?‹‡† ‘ˆ •—…Š ˜‹‘Žƒ–‹‘Â?Ǥ b. If it is determined that the sign cannot be easily removed, the Administrator, or a designee, will notify the offender of their temporary sign violation. c. Offenders will have two business days to remove the sign. If the sign is not removed ™‹–Š‹Â? –Š‹• –‹Â?‡ ’‡”‹‘† –Š‡› ƒ”‡ •—„Œ‡…– –‘ ƒ Ď?‹Â?‡Ǥ †Ǥ ‹‘Žƒ–‘”• ™‹ŽŽ „‡ Â?‘–‹Ď?‹‡† ‘ˆ ˜‹‘Žƒ–‹‘Â?• ƒÂ?† ™‹ŽŽ „‡ •—„Œ‡…– –‘ –Š‡ ‡Â?ˆ‘”…‡Â?‡Â?– ’”‘…‡†—”‡• and penalties set out in Subchapter 25.06-D, Enforcement and Remedies. Repeat violators will be submitted to the City Attorney for additional remedies.

5. Promotional Signs. Promotional signs are temporary business advertising signs intended to promote and attract attention to a commercial use, activity, or event. a. Exemption. Attached and freestanding promotional signs are allowed subject to the standards set out in this Item.

1.

The exemption may be for any combination of attached or freestanding sign types or sizes provided: A. The cumulative square footage of sign area does not exceed 18 square feet; and B. There are no more than three signs; 2.

Such signs may be displayed up to four times per calendar year with each display period not exceeding 30 days for a maximum duration of 120 days per calendar year; and 3.

The standards and requirements for attached and freestanding promotional signs that are set out in Items 6.b and 6.c below, shall be met. b. Attached Promotional Signs.

1.

All attached promotional signs shall be located on the principal building of the lot or parcel where the promoted use, activity, or event is located or is to occur.

2.

For each use, business activity, or business event, one attached promotional sign may be allowed per street frontage of the lot or parcel upon which the sign is to be placed. If two or more lots or parcels are owned by the same person or business entity within the same shopping or business center, then one attached promotional sign is allowed per street frontage. If two or more businesses are owned by the same person or business entity within the same shopping or business center, with each business individually addressed and occupied separately and independently, each business is allowed one freestanding promotional sign per street frontage.

3.

The sign shall be securely and fully attached to the principal building of the use or activity being advertised by the sign. With the approval of the Administrator, or a designee, an attached promotional sign may be securely fastened to another permanent improvement, such as a wall, fence, or accessory building.

4.

When there is more than one attached promotional sign allowed, the signs shall be placed on separate building facades and shall be separated by no less than 20 feet, or the maximum practicable separation.

5.

The sign shall be placed on a wall or permanent building surface of the ‰”‘—Â?† ‘” Ď?‹”•– Ď?Ž‘‘” ‘ˆ –Š‡ „—‹Ž†‹Â?‰ …‘Â?–ƒ‹Â?‹Â?‰ –Š‡ —•‡ ‘” ƒ…–‹˜‹–› „‡‹Â?‰ advertised by the sign, up to a height of 12 feet above average grade and not exceeding the top of the eave line or parapet wall. c. Freestanding Promotional Signs.

1.

All freestanding promotional signs shall be located on the lot or parcel where the promoted use, activity, or event is located or is to occur.

2.

For each use, business activity, or business event, one freestanding promotional sign may be allowed per street frontage of the lot or parcel upon which the sign is to be placed. If two or more lots or parcels are owned by the same person or business entity within the same shopping or business center, then one freestanding promotional sign is allowed per street frontage. If two or more businesses are owned by the same person or business entity within the same shopping or business center, with each business individually addressed and occupied separately and independently, each business is allowed one freestanding promotional sign per street frontage.

3.

The freestanding promotional sign shall be mounted to a rigid, durable frame, with the sign securely fastened on each side. The sign shall be securely and independently anchored to the ground in a manner that will prevent the sign from displacement due to inclement weather.

4.

The maximum height to the top of a freestanding promotional sign shall not exceed four feet above the ground.

5.

Freestanding promotional signs shall not block, restrict, or impair any of the following: A. The public’s view of another business or activity; B. The public’s view of the signage for another business or activity; C. The view or visibility of the operator of any motor vehicle; or D. The movement of any pedestrian or motor vehicle. d. Promotional Window Signs. In addition to the window signage allowed and set out in Subsection 25.05.180.2, Attached Signs, promotional window signs are allowed as follows: 1.

All promotional signs that are installed in or placed on windows shall be located on the place of business where the promoted use, activity, or event is located or is to occur.

2.

For each use, business activity, or business event, one promotional window sign may be allowed per street frontage of the principal building upon which the window sign is to be placed. If two or more businesses are owned by the same person or business entity within the same shopping or business center, with each business individually addressed and occupied separately and independently, each business is allowed one promotional window signage. ;Ǥ Š‡ ’”‘Â?‘–‹‘Â?ƒŽ ™‹Â?†‘™ •‹‰Â?ƒ‰‡ •ŠƒŽŽ „‡ Ž‘…ƒ–‡† ‘Â? ™‹Â?†‘™• ‘Â? –Š‡ Ď?‹”•– ‘” ‰”‘—Â?† Ď?Ž‘‘” ‘Â?Ž›Ǥ Š‡ ƒ”‡ƒ ‘ˆ ™‹Â?†‘™ •‹‰Â?ƒ‰‡ –Šƒ– ‹• ƒŽŽ‘™‡† ‹Â? ‡ƒ…Š district in Subsection 25.05.180.2, Attached Signs, may be increased by 20 percent above that allowed for permanent attached signage. e. Light Emitting Diode (LED) Promotional Signs. LED displays used for attached, freestanding, or window promotional signs are allowed subject to the recommendation of the Administrator, or a designee, and approval of a conditional sign permit by the Planning and Zoning Commission. The Planning and Zoning Commission may approve, approve with conditions, or deny a conditional sign permit through consideration of the following criteria: 1.

Whether the use for which the LED display is proposed is a conforming or nonconforming use, as applicable; 2.

The history of conformance with this Division and the number of complaints or citations issued to the applicant or property owner; 3.

The location of the promoted event or activity relative to residential districts or uses, as well as other uses that may be negatively impacted by the display(s); 4.

The size of the property and the distance the LED display(s) is proposed to be from abutting or adjacent rights-of-way and properties; 5.

The number of displays and their locations on the subject property; 6.

The size and height of the proposed display(s), together with the proposed days and hours of operation; 7.

The proposed location of the LED display(s) relative to public properties and rights-of-way; 8.

The extent to which the use of an LED display is appropriate and compatible in the proposed location(s) considering the adjacent and surrounding land uses; and 9.

Other criteria deemed appropriate and important by the Administrator or Planning and Zoning Commission.

6. ”‘Â?‘–‹‘Â?ƒŽ ‹‰Â?• ˆ‘” ‘Â?ÇŚ ‘Â?Â?‡”…‹ƒŽ …–‹˜‹–‹‡• ‘” ˜‡Â?–•. A promotional sign may be placed on property for a non-commercial activity or event as follows: a. Promotional signs for non-commercial activities or event may be attached or freestanding, and may be located on any permanently occupied and improved lot or parcel, or the principal building of such lot or parcel, whether or not the promoted use, activity, or event is to occur on such lot or parcel. b. One promotional sign for non-commercial purposes may be allowed per street frontage on any lot or parcel. If two or more lots or parcels are owned by the same person or business entity within the same shopping or business center, then one promotional sign is allowed per street frontage. If two or more businesses are owned by the same person or business entity within the same shopping or business center, with each business individually addressed and occupied separately and independently, each business is allowed one promotional sign for non-commercial purposes. c. A promotional sign for non-commercial purposes shall meet the standards set out in Item 5., above, as applicable. d. A promotional sign for non-commercial purposes is prohibited within 660 feet of Interstate 29. e. Each promotional sign for a non-commercial purpose shall be placed not more than 29 calendar days before a promoted non-commercial event or activity and shall be removed within 24 hours after the event, for a total duration of 30 days per event. f. The number of promoted non-commercial events or activities per business, and owner/ tenant and address associated with such business, shall not exceed three per calendar year. This allows for the placement of attached promotional signage 90 days per calendar year. g. A promotional sign for a non-commercial activity or event may not be placed on any lot or parcel concurrently with another temporary sign. h. Use of LED promotional signs shall be in accordance with Item 5.e, above.

7. —•‹Â?॥ •–ƒ„Ž‹•ŠÂ?‡Â?– ‹‰Â?•. Business establishment signs are temporary business advertising signs to announce the establishment or opening of a new business. a. For each use or business activity, up to one attached business establishment sign may be allowed per street frontage of the lot or parcel upon which the sign is to be placed. If two or more lots or parcels are owned by the same person or business entity within the same shopping or business center, then one attached business establishment sign is allowed per street frontage. If two or more businesses are owned by the same person or business entity within the same shopping or business center, with each business individually addressed and occupied separately and independently, each business is allowed one attached business establishement sign per street frontage. b. The sign shall be securely and fully attached to the ground or up to a height of 25 feet of –Š‡ Ď?‹”•– Ď?Ž‘‘” ‘ˆ –Š‡ ’”‹Â?…‹’ƒŽ „—‹Ž†‹Â?‰ǥ ‘” ’Žƒ…‡† ‹Â? ƒ ™‹Â?†‘™ ‘ˆ –Š‡ —•‡ ‘” ƒ…–‹˜‹–› being advertised by the sign. With the approval of the Administrator, or a designee, an attached promotional sign may be securely fastened to another permanent improvement, such as a wall, fence, or accessory building, or may be freestanding. c. When there is more than one attached business establishment sign allowed, the signs shall be placed on separate building facades and shall be separated by no less than 20 feet, or the maximum practicable separation. d. The maximum sign area of an individual sign, or of each allowable sign when there is more than one street frontage, shall not exceed 50 square feet; provided, however: 1.

The sign area of an individual sign may be increased to 100 square feet if the facade of the principal building to which the sign is proposed to be applied is set back 100 or more feet from street right-of-way, measured in a straight line from the face of the building facade to the nearest point of the adjacent street right-of-way, and the sign occupies no more than 15 percent of the wall surface to which it is applied; or 2.

The sign area of an individual sign may be increased to 250 square feet if –Š‡ ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒ ‘ˆ –Š‡ „—•‹Â?॥ –‘ ™Š‹…Š –Š‡ „—•‹Â?॥ ‡•–ƒ„Ž‹•ŠÂ?‡Â?– sign applies is greater than 100,000 square feet, and the sign occupies no more than 15 percent of the wall surface to which it is applied. e. In no case may two attached business establishment signs for two or more street frontages be combined to create a sign larger than that set out above. f. Each attached business establishment sign shall be placed not more than 90 calendar †ƒ›• „‡ˆ‘”‡ –Š‡ Ď?‹”•– †ƒ› ‘ˆ „—•‹Â?॥ ƒˆ–‡” –Š‡ ‹••—ƒÂ?…‡ ‘ˆ ƒ …‡”–‹Ď?‹…ƒ–‡ ‘ˆ ‘……—’ƒÂ?…› and upon which the business is staffed and fully operational, and shall be removed within 30 calendar days or upon placement or erection of a permanent sign, which‡˜‡” …‘Â?‡• Ď?‹”•–Ǥ ‘” ‰‘‘† …ƒ—•‡ •Š‘™Â? „› –Š‡ ƒ’’Ž‹…ƒÂ?–ǥ ƒ Â?‹Â?‘” Â?‘†‹Ď?‹…ƒ–‹‘Â? Â?ƒ› be granted by the Administrator, or a designee, one time for an extended period by which the temporary sign may be in place for no more than an additional 30 days. g. A business may not have a business establishment sign for a duration exceeding 120 days in any two consecutive calendar years, unless it is satisfactorily demonstrated

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–‘ –Š‡ †Â?‹Â?‹•–”ƒ–‘” –Šƒ– ƒÂ? ‘ˆĎ?‹…‹ƒŽ –”ƒÂ?•ƒ…–‹‘Â? Šƒ• ‘……—””‡† „› ™Š‹…Š –Š‡ „—•‹Â?॥ has transferred ownership to a separate person or business entity.

8. Interim Sign(s). Interim sign(s) are temporary business advertising signs intended to provide signage in an interim period during which permanent signage is being fabricated, repaired, and/or prepared for installation or erection. a. The sign types and maximum numbers, dimensions, and sizes of interim signs shall be the same as the permanent signs that are allowed by this Division within the district in which the lot or parcel and its principal building(s) is (are) located. b. All interim signs shall meet the standards set out in Item 5., above, as applicable. c. Interim signs shall be in place for no more than 60 calendar days. For good cause shown „› –Š‡ ƒ’’Ž‹…ƒÂ?–ǥ ƒ Â?‹Â?‘” Â?‘†‹Ď?‹…ƒ–‹‘Â? Â?ƒ› „‡ ‰”ƒÂ?–‡† „› –Š‡ †Â?‹Â?Â‹Â•Â–Â”ÂƒÂ–Â‘Â”ÇĄ ‘” ƒ designee, one time for an extended period by which the interim sign(s) may be in place for no more than an additional 30 days.

nage for an entire parcel proposed for development. For example, shopping center sign design pro‰”ƒÂ?• •ŠƒŽŽ ‹Â?…Ž—†‡ ƒŽŽ –‡Â?ƒÂ?–• ƒÂ?† ‘—– Â’ÂƒÂ”Â…Â‡ÂŽÂ•Ç˘ ƒÂ?† ‘ˆĎ?‹…‡ ‘” ‹Â?†—•–”‹ƒŽ ’ƒ”Â?• •ŠƒŽŽ ‹Â?…Ž—†‡ ƒŽŽ –›’‡• ‘ˆ •‹‰Â?• ˆ‘” Â™ÂƒÂ›ÇŚĎ?‹Â?†‹Â?‰ ƒÂ?† –‡Â?ƒÂ?–• ‘” —•‡• ™‹–Š‹Â? –Š‡ †‡˜‡Ž‘’Â?‡Â?–Ǥ ‹‰Â? †‡•‹‰Â? ’”‘‰”ƒÂ?• •ŠƒŽŽ •‡– out: a. Sign dimensions and approximate locations; b. Materials and colors; c. Proposed illumination, including illumination levels; d. Maximum numbers of items of information per sign face; e. A design theme with illustrative examples of each sign type and the proposed general locations of each sign type; and f. A demonstration that the sign design program will improve the aesthetics of the development and will not have an adverse impact on the use, enjoyment, or value of property in adjacent or nearby residential uses or districts.

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^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎľĎŹÍ˜ĎŽ &ůĞdžĹ?Ä?Ĺ?ĹŻĹ?ƚLJ ĆŒĹ?ĆšÄžĆŒĹ?Ä‚

1. Purpose. The purpose of this Item is to set standards for the placement and timing of portable signs.

2. Applicability. The standards of this Item are applicable to portable signs generally, and spe…‹Ď?‹…ƒŽŽ› –Š‡ •’‡…‹ƒŽ •‹‰Â? –›’‡• •‡– ‘—– ‹Â? –‡Â? ͡Ǥǥ „‡Ž‘™ǥ ƒÂ?† ‹Â? –Š‡ †‹•–”‹…–• •‡– ‘—– ‹Â? —„•‡…–‹‘Â?

25.05.180.1, Sign Types by District.

3. Permitting. No permit is required for portable signs, as set out in Section 25.05.140, Application.

4. Portable Signs, Generally. Portable signs are permitted, provided adherence to the following: a. No sign shall be placed at any location where, because of its size or location, it may con•–‹–—–‡ ƒ –”ƒˆĎ?‹… Šƒœƒ”† ‘” Â?ƒ› „‡ ƒ †‡–”‹Â?‡Â?– –‘ –”ƒˆĎ?‹… •ƒˆ‡–› „› ‘„•–”—…–‹Â?‰ –Š‡ ˜‹•‹‘Â? ‘ˆ Â†Â”Â‹Â˜Â‡Â”Â•ÇĄ „› †‡–”ƒ…–‹Â?‰ ˆ”‘Â? –Š‡ ˜‹•‹„‹Ž‹–› ‘ˆ ƒÂ?› –”ƒˆĎ?‹… …‘Â?–”‘Ž Â†Â‡Â˜Â‹Â…Â‡ÇĄ ‘” „› „‡‹Â?‰ …‘Â?ˆ—•‡† ™‹–Š ƒÂ? ƒ—–Š‘”‹œ‡† –”ƒˆĎ?‹… …‘Â?–”‘Ž †‡˜‹…‡Ǥ b. One non-illuminated sign is permitted per street frontage of a property provided the sign is not located within public street right-of-way. c. The cumulative sign area is limited to 16 square feet in the Rural Residential (RR), Suburban Residential (SR), General Residential (GR), and Urban Residential (UR) districts, each of the Neighborhood Conservation (NC) sub-districts, as well as the Historic Neighborhood or Center (HA-N) sub-district. d. The cumulative sign area is limited to 64 square feet in all districts other than those set out in Item 4., above. e. The sign is not illuminated. f. Placement on property other than the advertised property that is along interstate, freeway primary, and primary highways require adherence to all outdoor advertising regulations for off-premise signs and an outdoor advertising permit from the Iowa Department of Transportation is required.

5. Portable Signs, Special. a. Election Signs. These portable signs are permitted, provided adherence to the following: 1.

Election signs that are along interstate, freeway primary, and primary highways are not allowed on any property: A. Located within public rights-of-way, or that which is owned by the state, county, or City, or any other political subdivision of the state; B. Owned by a prohibited contributor under Section 68A.503 of the Iowa Code, unless the sign advocates the passage or defeat of a ballot issue or is exempted; C. Within the permission of the property owner; and D. On the premises of any polling place or voting site on election day, or within 300 feet of its entrance, in accordance with Iowa Code Chapter 68A.406.

2.

One non-illuminated sign is permitted per street frontage of a property.

3.

Each sign may have a cumulative sign area of 12 square feet in the Rural Residential (RR), Suburban Residential (SR), General Residential (GR), and Urban Residential (UR) districts, each of the Neighborhood Conservation (NC) sub-districts as well as the Historic Neighborhood or Center (HA-N) sub-district.

4.

Each sign may have a cumulative sign area of no more than 32 square feet in all districts other than those set out in Item 1c., above.

5.

No election sign is placed at any location where, because of its size, loca–‹‘Â?ÇĄ …‘Â?–‡Â?–ǥ ‘” …‘Ž‘”‹Â?‰ǥ ‹– Â?ƒ› …‘Â?•–‹–—–‡ ƒ –”ƒˆĎ?‹… Šƒœƒ”† ‘” ƒ †‡–”‹Â?‡Â?– –‘ –”ƒˆĎ?‹… •ƒˆ‡–› „› ‘„•–”—…–‹Â?‰ –Š‡ ˜‹•‹‘Â? ‘ˆ Â†Â”Â‹Â˜Â‡Â”Â•ÇĄ „› †‡–”ƒ…–‹Â?‰ ˆ”‘Â? –Š‡ ˜‹•‹„‹Ž‹–› ‘ˆ ƒÂ?› –”ƒˆĎ?‹… …‘Â?–”‘Ž Â†Â‡Â˜Â‹Â…Â‡ÇĄ ‘” „› „‡‹Â?‰ …‘Â?ˆ—•‡† ™‹–Š ƒÂ? ƒ—–Š‘”‹œ‡† –”ƒˆĎ?‹… …‘Â?–”‘Ž †‡˜‹…‡Ǥ b. Sandwich Board Signs. These portable signs are permitted, provided adherence to the following: 1.

There is only one sign allowed per business, and owner/tenant and address associated with such business.

2.

The sign area is limited to six square feet per sign face and a maximum of 12 square feet for a double-faced sign in the Mixed Use (MU) and Downtown Commercial (DC) districts, and in the Historic 4th Street (HA-4) and Historic Pearl Street (HA-P) sub-districts.

3.

The maximum height of a sandwich board sign is three feet from the sidewalk surface.

4.

The sign is not illuminated. ͡Ǥ Š‡ •‹‰Â? •ŠƒŽŽ „‡ …‘Â?•–”—…–‡† ‘ˆ Â?ƒ–‡”‹ƒŽ• –Šƒ– ’”‡•‡Â?– ƒ Ď?‹Â?‹•Š‡† ƒ’’‡ƒ”ance. Rough-cut plywood, cardboard, corrugated metal, plastic-framed signs that are stenciled or spray painted are prohibited. Sign lettering shall be professionally painted or applied; however, chalkboard signs shall be permitted.

6.

The sign is placed on, but not permanently anchored to, the ground.

7.

The sign does not block driveways, alleys, or walkways, and is not placed in the street or in a parking place.

8.

Signs may be displayed during business hours only and must be removed during non-business hours and times of inclement weather.

9.

Signs shall be located directly in front of the business to which the sandwich board sign relates and in a location that is closest to the business entrance.

10.

There shall be no less than four feet of unobstructed sidewalk on any side of the sign for pedestrian use. Obstructions such as parking meters, street Ž‹‰Š–•ǥ Ď?‹”‡ Š›†”ƒÂ?–•ǥ „—• •–‘’•ǥ –”‡‡• ‘” ’ŽƒÂ?–‡”• Â?—•– „‡ ‘—–•‹†‡ ‘ˆ –Š‡ ˆ‘—” feet of unobstructed sidewalk.

11.

Signs shall not be located in, upon, or over any public right-of-way unless •ƒ‹† ’‘”–‹‘Â? ‘ˆ ’—„Ž‹… Â”Â‹Â‰ÂŠÂ–ÇŚÂ‘ÂˆÇŚÂ™ÂƒÂ› Šƒ• Ď?‹”•– „‡‡Â? ’”‘˜‹†‡† ƒ—–Š‘”‹œƒ–‹‘Â? through an encroachment permit pursuant to Chapter 17.28 of the Municipal Code.

12.

No sign shall be placed at any location where, because of its size or location, ‹– Â?ƒ› …‘Â?•–‹–—–‡ ƒ –”ƒˆĎ?‹… Šƒœƒ”† ‘” ƒ †‡–”‹Â?‡Â?– –‘ –”ƒˆĎ?‹… •ƒˆ‡–› „› ‘„•–”—…–‹Â?‰ –Š‡ ˜‹•‹‘Â? ‘ˆ Â†Â”Â‹Â˜Â‡Â”Â•ÇĄ „› †‡–”ƒ…–‹Â?‰ ˆ”‘Â? –Š‡ ˜‹•‹„‹Ž‹–› ‘ˆ ƒÂ?› –”ƒˆĎ?‹… …‘Â?–”‘Ž Â†Â‡Â˜Â‹Â…Â‡ÇĄ ‘” „› „‡‹Â?‰ …‘Â?ˆ—•‡† ™‹–Š ƒÂ? ƒ—–Š‘”‹œ‡† –”ƒˆĎ?‹… …‘Â?–”‘Ž †‡˜‹…‡Ǥ

1. Generally. Signage that is proposed as part of a sign design program may deviate from the standards of this Division in terms of the types and numbers of signs allowed, the maximum sign area, the maximum signable area ratio, and materials and illumination standards (including electronic message centers), subject to compliance with a sign design program that is approved according to –Š‡ Ď?Ž‡š‹„‹Ž‹–› …”‹–‡”‹ƒ •‡– ‘—– ‹Â? –Š‹• ‡…–‹‘Â?Ǥ 2. ”‘Š‹„‹–‡† ‹‰Â?• ƒÂ?† ‹‰Â? Ž‡Â?‡Â?–•. Prohibited signs and sign elements are not eligible for ‹Â?…Ž—•‹‘Â? ‹Â? ƒ •‹‰Â? †‡•‹‰Â? ’”‘‰”ƒÂ? —Â?Ž‡•• •’‡…‹Ď?‹…ƒŽŽ› ‹Â?†‹…ƒ–‡† ‹Â? –Š‹• ‹˜‹•‹‘Â?Ǥ 3. ‘†‹Ď?‹…ƒ–‹‘Â? ‘ˆ ‹‰Â? ‡–„ƒ…Â?•. Setbacks for freestanding signs may deviate from the requirements of Subsection 25.05.180.3, Freestanding Signs, if it is demonstrated that there is no impact on public safety or utility easements, and all other requirements for approval of a sign design program are met.

4. Architectural Theme. a. All signs shall be architecturally integrated into or complimentary to the design of the buildings and character of the site, and shall use similar and coordinated design features, materials, and colors. The sign design program shall establish an integrated architectural vocabulary and cohesive theme for the parcel proposed for development. b. The design, character, location, and/or materials of all freestanding and attached signs proposed in a sign design program shall be demonstrated to be more attractive than signs otherwise permitted on the parcel proposed for development under the minimum standards of this Division. c. Lighting standards shall not deviate from the standards of this Division, except as part of a sign design program for a parcel proposed for development in a MU, CE, or PI districts, in locations where the lighting: 1.

Cannot be seen from outside of the parcel proposed for development; 2.

Does not create a sky glow under normal conditions; and 3.

Does not shine into windows of residential units located within the district.

5. Height, Area, Number and Location of Signs. a. The height, area, number, and location of signs permitted through the sign design program shall be determined by the Planning and Zoning Commission based on the following criteria: 1.

The overall size of the parcel proposed for development and the scale of the use or uses located or anticipated to be located there (larger land areas and scales of use tend to favor larger signs and/or more signs); 2.

Relationship between the building setback and sign location (additional signage may be appropriate for buildings with less visibility, particularly ™Š‡”‡ „—ˆˆ‡”‹Â?‰ ‹• ’”‘˜‹†‹Â?‰ ĥ ƒÂ? ƒ‡•–Š‡–‹… ƒÂ?†Ȁ‘” ‡Â?˜‹”‘Â?Â?‡Â?–ƒŽ „‡Â?‡Ď?‹– to the City); 3.

Frontage (larger frontages may justify more or larger signs, particularly if the size of the frontage tends to prevent sign clutter from multiple adjacent parcels); 4.

Access and visibility to the site; ͡Ǥ

Â?–‡Â?†‡† –”ƒˆĎ?‹… …‹”…—Žƒ–‹‘Â? ’ƒ––‡”Â? ƒÂ?† –Š‡ Â?‡‡† ˆ‘” Â™ÂƒÂ›ÇŚĎ?‹Â?†‹Â?‰Ǣ 6.

Hierarchy of signage; 7.

Relationship between the site and adjacent uses; 8.

The desired function of the site (e.g., the Downtown Commercial (DC) and Mixed Use (MU) districts and the Historic 4th Street (HA-4) and Historic Pearl Street (HA-P) sub-districts may include signage that is more pedestrian-oriented in character than a general commercial area); and 9.

Consistency with the objectives and design policies of the Comprehensive Plan, as well as the following: A. Design Works Design Guidelines; B. Hamilton Corridor Plan; C. Geneva Corridor Plan; D. Pierce Corridor Plan; E. West 7th Street Corridor Improvement Project; F. Historic Pearl District Plan; and G. Other applicable corridor or sub-area plans. b. Additionally, the maximum permitted sign area shall be based on the following formula when evaluated against the above criteria: 1.

The maximum area permitted for attached signage shall range from one percent up to a maximum of six percent of the building facade to which the sign is to be attached.

2.

The maximum total permitted area of all freestanding signs on a parcel proposed for development shall not exceed 10 percent more than the total sign area that would otherwise be permitted by Subsection 25.05.180.3, Freestanding Signs.

6. Character. The signage proposed in a sign design program shall not have an adverse impact on the character of the district in which the parcel proposed for development is located, or of the City of Sioux City.

7. ”‘’‡”–› ƒŽ—‡•. The signage proposed in a sign design program will not have an adverse impact on the value of property in the immediate vicinity of the parcel proposed for development.

8. Ž‹�‹�ƒ–‹‘� ‘ˆ ‘�…‘�ˆ‘”�‹�‰ ‹‰�•. If there are existing signs within the parcel proposed for development, they shall be brought into conformance with the standards of the approved sign design program.

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎľĎŹ ^Ĺ?Ĺ?Ĺś ÄžĆ?Ĺ?Ĺ?Ĺś WĆŒĹ˝Ĺ?ĆŒÄ‚Ĺľ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜Ď­ĎľĎŹÍ˜Ď­ ^Ĺ?Ĺ?Ĺś ÄžĆ?Ĺ?Ĺ?Ĺś WĆŒĹ˝Ĺ?ĆŒÄ‚Ĺľ ĹŻĆšÄžĆŒĹśÄ‚Ć&#x;ǀĞ 1. Generally. a. Purpose. The requirements of this Item ensure that signs that meet certain standards that are consistent with the character and quality of development in Sioux City may be promptly approved and displayed. For development in the areas set out in Item 2., below, approval of a sign design program pursuant to the standards of this Sec–‹‘Â? ™‹ŽŽ ƒŽŽ‘™ ˆ‘” ƒ —Â?‹Ď?‹‡† ’”‡•‡Â?–ƒ–‹‘Â? ‘ˆ •‹‰Â?ƒ‰‡ –Š”‘—‰Š‘—– parcels proposed for developmentÇĄ ĥ ™‡ŽŽ ĥ Ď?Ž‡š‹„‹Ž‹–› –‘ ’”‘˜‹†‡ ˆ‘” —Â?‹“—‡ ‡Â?˜‹”‘Â?Â?‡Â?–• ƒÂ?† ’”‡nj approval of designs and design elements to make subsequent applications for sign ’‡”Â?‹–• Â?‘”‡ ‡ˆĎ?‹…‹‡Â?–Ǥ ‘ –Š‹• ‡Â?†ǥ ƒ •‹‰Â? †‡•‹‰Â? ’”‘‰”ƒÂ? ƒŽ–‡”Â?ƒ–‹˜‡ ‹• …”‡ƒ–‡†Ǥ b. Approval Criteria. The Planning and Zoning Commission may approve a sign design pro‰”ƒÂ? ‹ˆ ‹– ”‡•—Ž–• ‹Â? ƒ •—„•–ƒÂ?–‹ƒŽŽ› ‹Â?Â’Â”Â‘Â˜Â‡Â†ÇĄ …‘Â?’”‡Š‡Â?Â•Â‹Â˜Â‡ÇĄ ƒÂ?† —Â?‹Ď?‹‡† ’”‘’‘•ƒŽ compared to what is allowed through strict compliance with the sign regulations set out in this Division. The Administrator shall review all sign types (e.g., attached, freestanding, temporary, etc.) for the parcel proposed for development, to determine the degree of compliance with this Section, and shall report to the Planning and Zoning Commission with regard to the degree of deviation from these standards, if any, that is sought by the applicant. The degree of deviation sought by the applicant shall be measured against the degree of compliance with the standards of this Article.

2. Applicability. The sign design program alternative is applicable to development, redevelopment, and substantial improvements in the following locations: a. Public, semi-public, and institutional uses as set out in Subsection 25.02.060.4, Public and Institutional (PI) District. b. Traditional Neighborhood Development (TND), as set out in Section 25.03.170, Traditional Neighborhood Development; c. Nonresidential and mixed use development, as set out in the applicable locations of Subsection 25.03.180.2, Application; and d. Special districts set out in Subsection 25.03.190.2, Application, including the: 1.

Downtown Commercial (DC) district; 2.

Historic Area, including the: A. Historic 4th Street (HA-4) sub-district, B. Historic Pearl Street (HA-P) sub-district, and C. Historic Neighborhood or Center (HA-N) sub-district; and 3.

Suburban Commercial (SC) district; 4.

Casino Entertainment (CE) district; and 5.

Urban renewal neighborhoods. e. College and University Campuses. On the campuses of Morningside College and Briar Cliff University, additional directional and information signs are permitted, provided: 1.

All signs and sign structures are located on private property within the area designated as a college or university campus. Designation may be determined as follows: A. The following information is submitted to the Administrator: i.

Prior to installing any signs authorized by these applicable provision, a zoning permit is required. ii.

The boundaries of the campus and master site plan may be amended in accordance with the procedure set about in Item 2.e.1.A., above. Ǥ ‹–Š‹Â? Ď?‹˜‡ †ƒ›• ƒˆ–‡” ”‡…‡‹’– ‘ˆ –Š‡ ‹Â?ˆ‘”Â?ƒ–‹‘Â?ÇĄ –Š‡ †Â?‹Â?‹•–”ƒ–‘” will forward a written determination to the applicant.

C. Site plan drawn to scale showing the location of all the facilities and properties included in the campus; D. Evidence of property ownership; and E. A master sign plan showing the location and size of the structure or sign and a colored illustration showing the style of copy and design theme.

2.

Sign copy must only give directional information to or identify a facility or service located within the designated campus.

3.

Sign structures are not subject to setback requirements; however, sign •–”—…–—”‡• Â?‘” •‹‰Â? ˆƒ…‡• •ŠƒŽŽ Â?‘– …‘Â?Ď?Ž‹…– ™‹–Š ’‡†‡•–”‹ƒÂ? –”ƒˆĎ?‹… ‘” ‘„struct visibility at the intersections of public street rights-of-way or driveways. The Administrator, or a designee, shall make such determination when situations require a decision.

4.

Sign structures shall not exceed 12 feet in height.

5.

Sign area shall not exceed 32 square feet.

6.

Freestanding signs located within 30 feet of any intersection of public street rights-of-ways or driveways shall not be over 42 inches in height.

7.

Pylon signs or projecting signs located within 30 feet of any intersection of public street rights-of-ways shall have a minimum of eight feet of clearance between the ground and the bottom of the sign face.

3. –ƒÂ?†ƒ”†• ˆ‘” ’‡…‹Ď?‹… ƒÂ?† •‡•Ǥ a. Multi-Tenant Structures. ͳǤ –Š‡” –ŠƒÂ? –Š‘•‡ ‘Â? –Š‡ ‰”‘—Â?† ‘” Ď?‹”•– Ď?Ž‘‘” ™Š‹…Š Šƒ˜‡ ƒ •‡’ƒ”ƒ–‡ ƒ……‡•• that is not through a common entrance, any business, establishment, facil‹–›ǥ ‘” ‘ˆĎ?‹…‡ ‘Â? ƒÂ?› Ď?Ž‘‘” ‘ˆ ƒ Â?—Ž–‹nj–‡Â?ƒÂ?– •–”—…–—”‡ •ŠƒŽŽ „‡ ’‡”Â?‹––‡† ƒ maximum sign area not to exceed 10 square feet. ʹǤ ‘ ‡š–‡”‹‘” „—‹Ž†‹Â?‰ •‹‰Â? ƒ†˜‡”–‹•‹Â?‰ ƒ ‰”‘—Â?† ‘” Ď?‹”•– Ď?Ž‘‘” –‡Â?ƒÂ?– ‹Â? ƒ multi-tenant structure shall be erected or maintained at a height of more than 25 feet above grade or the height of the building, whichever is less.

3.

In addition to the individual advertising signs permitted by this Item, a multi-tenant structure shall be permitted one wall-mounted building iden–‹Ď?‹…ƒ–‹‘Â? •‹‰Â? ‘Â? ‡ƒ…Š •‹†‡ ‘ˆ –Š‡ •–”—…–—”‡ Â?‘– –‘ ‡š…‡‡† ʹͲ •“—ƒ”‡ ˆ‡‡– ‹Â? area per sign. b. Shopping Centers and Malls.

1.

Each shopping center or mall that exceeds 100,000 square feet in gross Ď?Ž‘‘” ƒ”‡ƒ shall be permitted one freestanding sign per street frontage. The purpose of this sign shall be to identify the shopping center and tenants within the shopping center. The permitted sign area shall be computed as one square foot for each linear foot of street frontage not to exceed 250 square feet in area per sign. At the discretion of the property owner, a single freestanding sign not to exceed 500 square feet in area may be erected in lieu of the two, 250 square foot signs. The height limit shall conform to the limits of the district in which it is located. In computing the area, not more than two street frontages may be used, nor shall frontages along vacant and undeveloped land be considered. Such freestanding sign shall not be credited toward the total sign area permitted for each principal use.

2.

Enclosed malls shall be permitted one wall sign per primary mall entrance, not to exceed 20 square feet in area for each entrance.

3.

Any tenant within an enclosed mall shall be permitted one wall sign not to exceed 10 square feet.

4. Conditions of Approval. The Planning and Zoning Commission may impose reasonable conditions on the sign design program that are not related to the content of the signs or the viewpoints of the sign users, in order to ensure continuing compliance with the standards of this Section and approved sign design programs.

5. Contents of Sign Design Program. A sign design program shall set out a master plan for sig-

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŽĎŹĎŹ ^ƉĞÄ?Ĺ?Ä‚ĹŻ ĆŒÄžÄ‚ ^Ĺ?Ĺ?Ĺś ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŽĎŹĎŹÍ˜Ď­ Ĺ˝Ç ĹśĆšĹ˝Ç Ĺś ĂŜĚ ,Ĺ?Ć?ĆšĹ˝ĆŒĹ?Ä? Ĺ?Ć?ĆšĆŒĹ?Ä?ĆšĆ?

1. Purpose. The Downtown Commercial (DC) district, and the Historic 4th Street (HA-4) and Historic Pearl Street (HA-P) sub-districts represent the functional center and symbolic history of the community, each of which have active and attractive pedestrian environments. Signs help to …‘Â?˜‡› ƒÂ? ‹Â?ƒ‰‡ ƒÂ?† …‘Â?Â?—Â?‹…ƒ–‡ ƒ Â?‡••ƒ‰‡ ‘ˆ „—•‹Â?‡••‡•ǥ ™Š‹…Š ƒŽ•‘ …‘Â?–”‹„—–‡ •‹‰Â?‹Ď?‹…ƒÂ?–Ž› –‘ the character and visual harmony of these important areas. Therefore, signs in these areas must be pedestrian-scaled and be of an artistic quality and creative design to reinforce the aesthetic and historic integrity of the general area. The standards set out in this Item are to implement this vision.

2. Applicability. The standards of this Item are applicable to the types of signs set out below, and in the districts set out in Subsection 25.05.180.1, Sign Types by District. a. Attached Signage. Generally, the standards for attached signs set out in Subsection 25.05.180.2, Attached Signs, are applicable in the downtown district and historic sub-districts.

1.

Wall signs attached to the façade of buildings shall only be permitted in ƒÂ? ƒ”‡ƒ ‘ˆ –Š‡ ˆƒ­ƒ†‡ „‡–™‡‡Â? –Š‡ –‘’ ‘ˆ –Š‡ ‰”‘—Â?† Ď?Ž‘‘” ™‹Â?†‘™• ƒÂ?† one foot below the cornice or, in the case of two or more story buildings, –Š‡ „‘––‘Â? •‹ŽŽ ‘ˆ –Š‡ •‡…‘Â?† Ď?Ž‘‘” ™‹Â?†‘™• ȋ‘–Š‡”™‹•‡ Â?Â?‘™Â? ĥ –Š‡ •‹‰Â? band). The maximum vertical dimension of signage in this area shall be no more than 18 inches in height. Wall signs shall have raised trim or a raised border of some fashion other than paint.

2.

A projecting sign is permitted as set out in Subsection 25.05.180.2, Attached Signs. A projecting sign shall be supported by a decorative chain or bracket, designed and constructed with craftsmanship and detail. Any such projecting sign shall be oriented so that the face of the sign is perpendicular to the building façade from which it projects.

3.

Directory and Upper Floor Signs.

A. For two-story, multi-tenant buildings, one small directory sign with nameplates of the individual tenants is permitted on the exte”‹‘” ˆƒ…ƒ†‡ ‘ˆ –Š‡ ‰”‘—Â?† ‘” Ď?‹”•– Ď?Ž‘‘”Ǥ Š‡ Â?ƒš‹Â?—Â? •‹œ‡ ‘ˆ –Š‡ †‹rectory is two square feet. The design of the sign shall be integrated with and compliment the building design.

B. Where a second story tenant has a separate entry door on the street-level, a small projecting sign is permitted, in addition to the ‘–Š‡” ƒŽŽ‘™‡† •‹‰Â?ƒ‰‡ ˆ‘” –Š‡ ‰”‘—Â?† Ď?Ž‘‘” •–‘”‡ˆ”‘Â?–Ǥ —…Š •‹‰Â? shall be placed near the tenant street entry, which may extend no more than three feet from the wall surface and may be no greater in sign area than two square feet. Ǥ ‘Â?Â?‡”…‹ƒŽ —•‡• ‘Â? ƒÂ? —’’‡” Ď?Ž‘‘” –Šƒ– †‘ Â?‘– Šƒ˜‡ ‰”‘—Â?† Ď?Ž‘‘” occupancy may have window signs in addition to the permitted attached signs set out in Subsection 25.05.180.2, Attached Signs.

One window sign is permitted per framed window area, which canÂ?‘– ‡š…‡‡† ͳ͡ ’‡”…‡Â?– ‘ˆ –Š‡ –‘–ƒŽ •‡…‘Â?† Ď?Ž‘‘” ‰Žƒ•• ƒ”‡ƒ ˆ‘” –Š‡ •—„Œ‡…– —•‡ ƒÂ?† „—‹Ž†‹Â?‰Ǥ ’’‡” Ď?Ž‘‘” ™‹Â?†‘™ •‹‰Â?• •ŠƒŽŽ Â?‘– „‡ illuminated.

4.

An attached or freestanding menu holder is permitted on the exterior storefront of a restaurant or other applicable establishment.

A. Such holder shall be limited to the size of two pages of the menu for which the overall size may not exceed one square foot.

B. The menu holder shall not be located so as to cause a safety hazard for pedestrians.

C. The menu holder shall not be used for additional signage. b. Temporary Signage. The standards for temporary signs set out in Subsection 25.05.180.5, Temporary Signs, are applicable in the downtown district and historic sub-districts. c. Prohibited Signs. Cabinet-style, internally-illuminated, and roof signs and —Â?‘ˆĎ?‹…‹ƒŽ Ď?Žƒ‰• are prohibited in the Downtown Commercial (DC) district, and the Historic 4th Street (HA-4) and Historic Pearl Street (HA-P) sub-districts. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŽĎŹĎŹÍ˜ĎŽ ZÄžĆ?Ĺ?ĚĞŜĆ&#x;Ä‚ĹŻ ĆŒÄžÄ‚Ć?

1. Purpose. By reason of the historic patterns of land use that have occurred over many years, and due to the allowance of public assembly uses in residential districts, there are public and institutional, as well as nonresidential uses within or immediately abutting residential uses and districts.

Since these uses tend to be of greater scale and intensity than those of the abutting residential uses, they often impact the value and enjoyment of the low density residential properties. For this reason, the following standards are established to minimize or mitigate to the extent practicable the impacts associated with the signage for these existing nonresidential uses.

2. Signs in Residential Areas. Set out in Subsection 25.05.180.1, Sign Types by District, is the different sign types that are allowed in each of the residential districts. Signs are either allowed, limited, conditional, or prohibited. In recognition of the impacts that may be created by signs in residential districts, this Code establishes the following: a. Limited Approval. Limited approval allows the sign in the applicable districts provided it complies with the standards and requirements of this Code. Examples of limited approval signs in the residential districts are portable signs. The standards for these signs that are required to be met for placement in the residential districts are set out in Subsection 25.05.180.6, Portable Signs. Non-compliance with these standards and requirements would subject to applicable sign(s) to the City’s enforcement provisions. b. Conditional Approval. Conditional approval requires the review and approval of the Planning and Zoning Commission. Generally, all attached, freestanding, and portable signs that are associated with the existing or allowable public, institutional, and nonresidential uses in the residential districts require conditional approval. Such approval allows the Planning and Zoning Commission to approve, approve with conditions, or deny a sign permit. Conditional approval is required for the following: 1.

Land uses that require a conditional use permit; 2.

Existing public, institutional, nonresidential, and mixed uses that existed on the effective date of this Code within the residential districts, as well as the NC.4 and NC.5 Neighborhood Conservation (NC) sub-districts; and 3.

Certain sign types in certain districts.

3. Design Standards. In addition to the standards set out in Section 25.05.170, General Design and Maintenance Standards, the following standards apply for all public assembly uses in residential districts, together with all other public, institutional, and nonresidential uses, as well as mixed-use buildings and centers. a. Allowed Sign Types. When signs are located within 50 feet of a property line of a residential district or use, the allowable sign types include: 1.

Freestanding Signs: A. Directional / informational sign.

B. Directory sign.

C. Monument sign with changeable copy or message center.

2.

Attached Signs: A. Awning / canopy sign.

B. Wall sign.

C. Window sign. b. Prohibited Sign Types. When signs are located within 50 feet of a property line of a residential district or use, the prohibited sign types include: 1.

Attached Signs: A. Arcade sign.

B. GOBO projection sign.

C. Marquee sign.

D. Projecting sign.

E. Roof sign.

F. Â?‘ˆĎ?‹…‹ƒŽ Ď?Žƒ‰.

2.

Freestanding Signs: A. Pole sign.

B. Pylon sign. c. Placement. Signs shall be placed with consideration of the impacts on abutting or adjacent residential districts and uses. In all cases, and to the maximum extent practicable, signs shall be located at a point with the greatest dimension and separation from the property line of a residential use or the boundary line of a residential dis-

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trict. d. Design. In addition to the limitations as to the allowable attached and freestanding sign types, the design of freestanding signage may help to eliminate or, at a minimum, mitigate their impacts. The alternative orientations of freestanding signs are set out in Figure 25.05.200.2, Sign Orientation, which, in order of descending preference, include: 1.

Monument sign placed parallel to the street; 2.

Double-faced monument sign with the sign faces angled such that they are readable to passing motorist but yet oriented so as not to cause visibility or glare; and 3.

Monument signs placed perpendicular to the street. e. Message Centers.

1.

Message centers are allowed provided they make up no more than 30 percent of the sign area of a monument sign.

2.

Message centers shall comply with the standards set out in Subsection 25.05.170.6, Message Centers. f. Buffering. For angular, double-faced monument signs and those that are placed perpendicular to the street, a Type A bufferyard is required whereby the required trees and shrubs shall create a visual buffer to a minimum height of 12 feet. (See Section 25.05.100, Bufferyards) g. Illumination. As set out in Subsection 25.05.170.5, Illumination of Signs, the level of illumination is restricted to 0.3 footcandles over ambient light conditions. As warranted, the Administrator, or a designee, may require a lower level of illumination. &Ĺ?Ĺ?ĆľĆŒÄž ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŽĎŹĎŹÍ˜ĎŽ ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎąÍ˜ĎŽĎŹĎŹÍ˜ĎŻ WĆŒĹ?ĹľÄ‚ĆŒÇ‡ ,Ĺ?Ĺ?ĹšÇ Ä‚Ç‡ ^Ĺ?Ĺ?ŜĂĹ?Äž 1. Purpose. The purpose of this Item is to set out the provisions of state and federal law pertaining to both on- and off-premise advertising signs along the state’s primary highways, as well as to establish the regulation of the City for these signs within the City limits.

2. Applicability. a. Outdoor Advertising Signs. Outdoor advertising signs along the state’s primary highways are regulated by the Iowa Department of Transportation, which includes signs located within the City limits if they are visible from a primary highway and within 660 feet of the highway right-of-way. b. Off-Premise Outdoor Advertising Signs along Interstate 29. Off-premise outdoor advertising signs, hereinafter referred to as “billboardsâ€?, are regulated by the Iowa Department of Transportation, which includes billboards located within the City limits if –Š‡› ƒ”‡ ™‹–Š‹Â? ͸͸Ͳ ˆ‡‡– ‘ˆ –Š‡ Â”Â‹Â‰ÂŠÂ–ÇŚÂ‘ÂˆÇŚÂ™ÂƒÂ› ‘ˆ Â?–‡”•–ƒ–‡ ʹ͝Ǥ Š‡ •’‡…‹Ď?‹… ”‡“—‹”‡ments are in accordance with federal laws and regulations, which relate to: 1.

Iowa Code Chapter 306B, Outdoor Advertising Along Interstate Highways; ʹǤ

‘™ƒ ‘†‡ Šƒ’–‡” ;Ͳ͸ ÇĄ —Â?Â?›ƒ”† ‡ƒ—–‹Ď?‹…ƒ–‹‘Â? ƒÂ?† ‹ŽŽ„‘ƒ”† ‘Â?–”‘ŽǢ and 3.

Iowa Administrative Rule 761 IAC Chapter 117, Outdoor Advertising.

3. Outdoor Advertising Signs. a. Provisions of law that are applicable to election signs along interstate, freeway primary, and primary highways are set out in Subsection 25.05.180.6, Portable Signs. b. Multi-tenant structures located on property within 660 feet of a designated interstate are eligible for a 25% increase in individual and cumulative freestanding sign area.

4. ‹ŽŽ„‘ƒ”†•Ǥ a. Permit Requirements. Completed permit applications for each face of a billboard is required to be submitted to the Iowa Department of Transportation for approval prior to erecting a billboard along Interstate 29. Permits are issued only for billboards that meet the requirements of state and federal law, as set out in Item 2.b., above. b. ‘…ƒŽ Â‡Â”Â–Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â?. The Administrator, or a designee, is required to certify the zoning …Žƒ••‹Ď?‹…ƒ–‹‘Â? ˆ‘” ’”‘’‘•‡† •‹–‡• ”‡“—‡•–‹Â?‰ ƒ •–ƒ–‡ ’‡”Â?‹–Ǥ c. Billboard Prohibitions. In addition to other state and federal requirements, billboards may not: 1.

Encroach on or hang over highway right-of-way; 2.

Be lighted so it impairs the vision of any motor vehicle driver; 3.

Obstruct the view of any highway or railroad to the extent it makes it dangerous to use; ͜Ǥ

Â?‹–ƒ–‡ ‘” ”‡•‡Â?„Ž‡ ƒÂ? ‘ˆĎ?‹…‹ƒŽ –”ƒˆĎ?‹… …‘Â?–”‘Ž •‹‰Â?ÇĄ •‹‰Â?ÂƒÂŽÇĄ ‘” †‡˜‹…‡; ͡Ǥ „•…—”‡ ‘” ’Š›•‹…ƒŽŽ› ‹Â?–‡”ˆ‡”‡ ™‹–Š ƒÂ? ‘ˆĎ?‹…‹ƒŽ –”ƒˆĎ?‹… …‘Â?–”‘Ž •‹‰Â?ÇĄ •‹‰Â?ÂƒÂŽÇĄ ‘” device; and ͸Ǥ

Â?…Ž—†‡ Ď?Žƒ•Š‹Â?‰ǥ ‹Â?–‡”Â?‹––‡Â?– ‘” Â?‘˜‹Â?‰ Ž‹‰Š–•ǥ ‡š…‡’– –Š‘•‡ ’”‘˜‹†‹Â?‰ ’—„lic service information such as time, date, temperature, weather, and news. d. Scenic Byways. The erection of billboards is prohibited along any state or nationally designated scenic byway, which includes Interstate 29 through Sioux City. Existing permitted billboards within the byway may remain provided there is no relocation or reconstruction of the billboard. e. City Zoning. The property at the location of billboards must be zoned General Commercial (GC) or General Industrial (GI), which excludes: 1.

A proposed rezoning from another district to General Commercial (GC) or General Industrial (GI) for the primary purpose of securing approval for off-premise outdoor advertising (a billboard); and 2.

Districts other than General Commercial (GC) or General Industrial (GI) that include limited commercial or industrial uses that are accessory or incidental to other than commercial and industrial land uses, such as the Mixed Use (MU), Suburban Commercial (SC), Downtown Commercial (DC), Business Park (BP), Casino Entertainment (CE), and Public and Institutional (PI) districts. f. Land Use. The property where a billboard is proposed must be used for commercial or industrial purposes, which requires that at least one commercial or industrial activity is located on the property that is assessed as commercial or industrial. Conditions include: 1.

The activity must be located on the same individual platted parcel of land as the proposed billboard site; ʹǤ Š‡ ƒ…–‹˜‹–› Â?—•– „‡ ‘Â?‡ †‡Ď?‹Â?‡† ĥ …‘Â?Â?‡”…‹ƒŽ ‘” ‹Â?†—•–”‹ƒŽ —Â?†‡” –Š‹• Code; 3.

The activity must be visible from Interstate 29; 4.

The activity must be staffed at least 20 hours per week, with the hours of operation visibly posted on the premises. A self-storage facility is exempt from this requirement if it has 24-hour access for customers and a minimum of 50 units, each occupying at least 50 square feet, individually separated and enclosed by walls; and 5.

The proposed billboard site must be within 750 feet of the “regularly used� portion of the activity, where “regularly used� means that portion meets these conditions. g. Spacing: Within the City, billboard must be located a minimum of 250 feet from any other billboard facing the same direction, regardless of which side of the highway the billboard is located. h. Location. Billboards are required and may only be allowed within 660 feet of Interstate 29; provided, however, that billboards may not be located within an interchange area, which includes all property within the adjacent area and within 250 feet of whichever ramp taper extends the farthest from the interchange. i. Light Emitting Diode (LED) Displays. LED displays are permitted under the following conditions: 1.

Adding this type of technology for an existing billboard constitutes a bill„‘ƒ”† Â?‘†‹Ď?‹…ƒ–‹‘Â? —Â?†‡” ‘™ƒ Žƒ™Ǥ ÂŠÂ‡Â”Â‡ÂˆÂ‘Â”Â‡ÇĄ ƒ Â?‡™ ’‡”Â?‹– ƒ’’Ž‹…ƒ–‹‘Â? ‹• required; 2.

Each change of message must be accomplished in one second or less; ;Ǥ ƒ…Š Â?‡••ƒ‰‡ Â?—•– ”‡Â?ƒ‹Â? ‹Â? ƒ Ď?‹š‡† ’‘•‹–‹‘Â? ˆ‘” ƒ– Ž‡ƒ•– ‡‹‰Š– •‡…‘Â?†•Ǣ 4.

No traveling messages or segments messages are allowed; 5.

The intensity of the illumination does not cause glare or impair the vision of the driver of any motor vehicle or otherwise interferes with any driver’s operation of a motor vehicle; and 6.

LED displays must be located a minimum of 500 feet from any other LED display facing the same direction within the City.

SUBCHAPTER 25.05-D EXTERIOR LIGHTING , Wd Z ĎŽĎąÍ˜ĎŹĎ˛ D/E/^dZ d/KE ^h , Wd Z ĎŽĎąÍ˜ĎŹĎ˛Í˛ D/E/^dZ d/s K / ^ Sec. 25.06.010 Purpose The purpose of this Division is to set out the development review bodies that are responsible for the administration and management of this Code. This Division describes the roles and responsibilities, as well as the general rules of procedure for the City Council, Planning and Zoning Commission, Board of Adjustment, and members of City staff with respect to the administration of this Code. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎŽĎŹ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ 1. City Council. The provisions of Subsection 25.06.030.1, City Council, are intended to establish the roles of City Council with respect to decisions about individual properties pursuant to this Code.

No part of this Code restricts or limits any other powers that are granted to the City Council by federal law, state statue, or the City’s Charter or Municipal Code.

2. –Š‡” †�‹�‹•–”ƒ–‹˜‡ ‘†‹‡•Ǥ The provisions of this Division that relate to other development review bodies are representative of the authority that the City Council has delegated to them with respect to the application and enforcement of this Code.

3. No Implied Limitation. The provisions of this Division shall not be a limitation regarding the conduct of councils, boards, commissions, and committees where additional responsibilities or authorities are set out elsewhere in this Code, within the Municipal Code, through policies adopted by the City Council, or by a council, board, commission, or committee as approved by the City Council. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎŻĎŹ ŽĚĹ?ÄžĆ? Ć?ƚĂÄ?ĹŻĹ?Ć?ŚĞĚ ĂŜĚ ĆľĆšĹšĹ˝ĆŒĹ?njĞĚ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎŻĎŹÍ˜Ď­ Ĺ?ƚLJ ŽƾŜÄ?Ĺ?ĹŻ 1. Generally. The City Council has all powers conferred upon it by Title 2, Administration and Personnel, Chapter 2.04, Council, of the Municipal Code, and the laws of the State of Iowa. With respect to decision-making pursuant to this Code, in addition to the authorized acts of the Municipal Code, the City Council will exercise the powers set out in this Subsection.

2. Approvals. After a public hearing is held and after reports and recommendations are provided by the Administrator, Planning and Zoning Commission, Historic Preservation Commission, or another board, commission, or committee, the City Council shall hear and decide the following: a. Plans and programs for the development and redevelopment of its area of jurisdiction.

This includes, but is not limited to, amending the text and maps of the Comprehensive Plan or other plans from time to time; b. The City’s Capital Improvements Program (CIP); c. Policies or procedures to facilitate implementation of planning programs; d. Proposed covenants, conditions, and restrictions as required by the City; e. Proposed amendments to the text of this Code; ˆǤ ”‘’‘•‡† ƒÂ?‡Â?†Â?‡Â?–• –‘ –Š‡ ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ ÂƒÂ’ÇĄ ”‡ˆ‡””‡† –‘ ‹Â? –Š‹• ‘†‡ ĥ œ‘Â?‡ …ŠƒÂ?‰es; g. Planned development site plans and any major changes thereof; h. Final plats; i. Proposed amendments to the ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ ƒ’; j. Appeals and variances that are not under the authority of the Board of Adjustment; k. Local designation of historic districts and historic sites, nominations to the National ‡‰‹•–‡” ‘ˆ ‹•–‘”‹… ÂŽÂƒÂ…Â‡Â•ÇĄ ƒÂ?† ‹••—ƒÂ?…‡ ‘ˆ …‡”–‹Ď?‹…ƒ–‡• ‘ˆ ƒ’’”‘’”‹ƒ–‡Â?‡••ǥ —’‘Â? recommendation of the Historic Preservation Board; and l. Any other action not delegated to any other board or commission as the City Council may deem desirable and necessary to implement the provisions of this Code and the goals and objectives of the City, provided such action is not contrary to the requirements of this Code or State law.

3. Appeals. The City Council shall hear and decide appeals from decisions of the Planning and Zoning Commission after a public hearing, as set out in Section 25.06.090.21, Appeals to the City Council. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎŻĎŹÍ˜ĎŽ WůĂŜŜĹ?ĹśĹ? ŽžžĹ?Ć?Ć?Ĺ?ŽŜ 1. Generally. The Zoning Commission is authorized by Iowa Code Chapter 414, City Zoning. This Subsection is adopted pursuant to this statutory authorization. Consequently, amendment of the Iowa Code after the effective date of this Code may modify, delete, or supplement the provisions of this Subsection.

2. Reference. For the purposes of this Code, the Zoning Commission is referred to hereinafter as the Planning and Zoning Commission.

3. Function. The Planning and Zoning Commission shall undertake a continuing planning program for the physical, social, and economic growth, development, and redevelopment of the area within its jurisdiction. The plans and programs must be designed to promote public health, safety, morals, …‘Â?˜‡Â?‹‡Â?…‡ǥ ’”‘•’‡”‹–›ǥ ‘” –Š‡ ‰‡Â?‡”ƒŽ Â™Â‡ÂŽÂˆÂƒÂ”Â‡ÇĄ ĥ ™‡ŽŽ ĥ –Š‡ ‡ˆĎ?‹…‹‡Â?…› ƒÂ?† ‡…‘Â?‘Â?› ‘ˆ ‹–• ƒ”‡ƒ ‘ˆ jurisdiction.

4. Powers and Duties. The Planning and Zoning Commission is delegated the following powers: a. Studies and Policy Recommendations to the City Council. The Planning and Zoning Commission is empowered to, on its own initiative or as requested by the City Council: 1.

Submit reports, plans, and recommendations for the orderly growth, development, and welfare of the City; 2.

Periodically review this Code and the ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ ƒ’ and make recommendations regarding amendments; and 3.

Periodically review the Comprehensive Plan and other plans of the City and make recommendations regarding amendments. b. Review and Recommendation after a Public Hearing. The Planning and Zoning Commission shall review and make a recommendation to the City Council for the following types of applications: 1.

Urban renewal plans; 2.

Planned development site plans and any major changes thereto; 3.

Preliminary plats; 4.

Final plats; 5.

Right-of-way vacations; 6.

Amendments to the text of this Code, including referrals from the Board of Adjustment as set out in Subsection 25.06.030.3, Board of Adjustment, Item 9, Referral of Matters to Planning and Zoning Commission; Reports; ͚Ǥ ”‘’‘•‡† ƒÂ?‡Â?†Â?‡Â?–• ‘ˆ –Š‡ ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ ÂƒÂ’Ç˘ ƒÂ?† 8.

The City’s Capital Improvements Program (CIP). c. Review and Decide. The Planning and Zoning Commission shall review and decide the following types of applications:

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1.

2.

3.

Minor changes to a planned development site plan; Avigation permits; Site plans, upon referral of the Administrator or upon appeal of the applicant; 4.

Sign permits for conditionally permitted uses; existing public, institutional, nonresidential, and mixed uses within the Rural Residential (RR), Suburban Residential (SR), General Residential (GR), and Urban Residential (UR) districts, and the NC.4 and NC.5 sub-districts; and for certain sign types in certain districts; 5.

Sign design program; and 6.

Development concept plans and any major changes thereto. d. Other Powers of the Planning and Zoning Commission.

1.

Ensure that new development is consistent with the policies of the Comprehensive Plan and other plans and development policies of the City; 2.

Regarding subdivision and land development: Ǥ •–ƒ„Ž‹•Š ’”‘…‡†—”‡• ƒÂ?† •–ƒÂ?†ƒ”†• ‰‘˜‡”Â?‹Â?‰ –Š‡ ’”‡’ƒ”ƒ–‹‘Â?ÇĄ Ď?‹Žing, and recommendation of land subdivision plats and data to be submitted for recommendation; B. Coordinate the alignment of streets within subdivisions with other existing or planned streets, or with other features of the City; C. Establish minimum standards governing storm water manageÂ?‡Â?–Ǣ Ď?Ž‘‘† †ƒÂ?ƒ‰‡ ’”‡˜‡Â?–‹‘Â?Ǣ •–”‡‡–•ǥ •‹†‡™ƒŽÂ?•ǥ ƒÂ?† —–‹Ž‹–‹‡•Ǣ parking, loading, and access; lighting; and other required improvements; D. Ensure conformance of subdivision and site development plans with the capital improvement program of the City; E. Ensure that subdivisions and subdivision improvements are designed to: i.

Reduce potential impacts on street congestion; ii.

Promote the orderly layout and use of land; ‹‹‹Ǥ ‡…—”‡ •ƒˆ‡–› ˆ”‘Â? Ď?‹”‡ ƒÂ?† ‘–Š‡” †ƒÂ?‰‡”•Ǣ iv.

Mitigate the impacts and threats of life and property due to Ď?Ž‘‘†‹Â?‰ ”‡•—Ž–‹Â?‰ ˆ”‘Â? •‹‰Â?‹Ď?‹…ƒÂ?– •–‘”Â? ‡˜‡Â?–•Ǣ v.

Facilitate adequate provision of transportation, potable water, wastewater, schools, parks, open space, and other public requirements; vi.

Protect residential neighborhoods from the hazard of Š‹‰Šnj•’‡‡† –Š”‘—‰Š –”ƒˆĎ?‹…Ǣ ƒÂ?† vii.

Protect groundwater and surface water resources from contamination.

F. Assure the prospective purchaser of a subdivision lot that necessary streets, sewers, drainage, sidewalks, open space, and parks are available;

Ǥ ”‘–‡…– –Š‡ ‹Â?–‡‰”‹–› ‘ˆ –Š‡ Â’Â—Â”Â…ÂŠÂƒÂ•Â‡Â”ÇŻÂ• –‹–Ž‡ „› ”‡“—‹”‡† …‡”–‹Ď?‹…ƒtion that monuments and markers are installed according to the locations designated on the approved plat; H. Assure that facilities to be accepted and maintained by the City are properly located and constructed; I. Review covenants, conditions, and restrictions that implement the requirements of this Code or conditions of approval as required by the City; J. Review street names concurrently with plat approval; Ǥ ‡˜‹‡™ ƒÂ?† Ď?‹Â?† ™Š‡–Š‡” ‘” Â?‘– Ž‘–• ‘Â? Â?ƒŒ‘” •–”‡‡– ‹Â?–‡”•‡…–‹‘Â?• and at all acute angle intersections are likely to be dangerous to the –”ƒˆĎ?‹… Â?‘˜‡Â?‡Â?– ‘” ĥ ”‡“—‹”‡† „› –Š‡ ‹–›Ǣ L. Accept a performance bond as a guarantee in-lieu of completed improvements, as required by the City; M. Review, consider, and impose conditions, as warranted, to assure the orderly development of land proposed to be developed in phases as required by the City.

3.

Upon referral of the Administrator, determine whether or not a proposed use is either a subcategory of or functionally similar to a allowed, limited, or conditional use according to criteria set out in Section 25.02.140, Uses That Are Not Listed; 4.

Require that space be reserved or land-banked for additional parking upon ƒ Ď?‹Â?†‹Â?‰ ‘” †‡–‡”Â?‹Â?ƒ–‹‘Â? –Šƒ– –Š‡”‡ ‹• ƒ ”‡ƒ•‘Â?ƒ„Ž‡ Ž‹Â?‡Ž‹Š‘‘† –Šƒ– ƒ ŽƒÂ?† use could change in a manner that increases the parking demand, as set out in Subsection 25.05.030.5, Parking Studies, Credits, and Reductions; and 5.

Review, consider, and approve or deny a greater reduction than that allowed by Subsection 25.05.030.6, Shared Parking.

5. Referral of Matters to the Commission; Reports. The City Council may refer any matters or …Žƒ•• ‘ˆ Â?ƒ––‡”• –‘ –Š‡ ŽƒÂ?Â?‹Â?‰ ƒÂ?† ‘Â?‹Â?‰ ‘Â?Â?‹••‹‘Â?ÇĄ ™‹–Š –Š‡ ’”‘˜‹•‹‘Â? –Šƒ– Ď?‹Â?ƒŽ ƒ…–‹‘Â? ‘Â? ‹– may not be taken until the Planning and Zoning Commission has submitted a report on it or has had a reasonable period of time, as determined by the City Council, to submit a report.

6. Authority. In general, the Planning and Zoning Commission has the powers as may be necessary to enable it to perform its functions and promote the planning of its jurisdiction.

7. ‡Â?„‡”•Š‹’ǥ —‘”—Â?ÇĄ ”‘…‡†—”‡•ǥ ‡…‹•‹‘Â?•ǥ ƒÂ?† ‘Â?†—…–Ǥ a. Generally. This Subsection states the creation, appointment, removal, composition, –‡”Â?• ‘ˆ ‘ˆĎ?‹…‡ǥ ƒÂ?† ”—Ž‡•ǥ ”‡…‘”†•ǥ ƒÂ?† ’”‘…‡†—”‡• ‘ˆ –Š‡ ŽƒÂ?Â?‹Â?‰ ƒÂ?† ‘Â?‹Â?‰ ‘Â?mission. b. Membership. Pursuant to Article III, Section 38A of the Iowa Constitution and the Iowa Code, there is established a Planning and Zoning Commission, which may consist of nine members appointed by the City Council. The members shall be selected at Žƒ”‰‡Ǥ ÂŠÂ‡Â”Â‡ÂƒÂˆÂ–Â‡Â”ÇĄ ƒŽŽ Â?‡Â?„‡”• •ŠƒŽŽ „‡ ƒ’’‘‹Â?–‡† ˆ‘” ƒ –‡”Â? ‘ˆ Ď?‹˜‡ ›‡ƒ”• •‘ –Šƒ– the term of not more than two members of the Planning and Zoning Commission •ŠƒŽŽ ‡š’‹”‡ ‹Â? ƒÂ?› Ď?‹•…ƒŽ ›‡ƒ” ‡Â?†‹Â?‰ —Â?‡ ;Ͳ ‘ˆ –Šƒ– ›‡ƒ”Ǥ Â?Ž‡•• •’‡…‹Ď?‹…ƒŽŽ› ƒ—–Š‘rized by the City Council, no member, however, shall be appointed to more than two …‘Â?•‡…—–‹˜‡ Ď?Â‹Â˜Â‡ÇŚÂ›Â‡ÂƒÂ” –‡”Â?•Ǥ ‡Â?„‡”• ™Š‘•‡ –‡”Â?• Šƒ˜‡ ‡š’‹”‡† •ŠƒŽŽ …‘Â?–‹Â?—‡ –‘ serve until a successor has been appointed. A person appointed to the Planning and Zoning Commission shall also be appointed to the Board of Adjustment. c. Â—ÂƒÂŽÂ‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â?Ǥ ‡Â?„‡”• •ŠƒŽŽ „‡ “—ƒŽ‹Ď?‹‡† ”‡•‹†‡Â?– ‡Ž‡…–‘”• ‘ˆ ‹‘—š ‹–›ǥ ƒÂ?† “—ƒŽ‹Ď?‹‡† „› interest in, knowledge, or experience to act in matters pertaining to city planning, ƒÂ?† •ŠƒŽŽ Â?‘– „‡ ‘ˆĎ?‹…‡”• ‘” ‡Â?’Ž‘›‡‡• ‘ˆ –Š‡ ‹–› ‘” ƒÂ?› ƒ‰‡Â?…› ‘” †‡’ƒ”–Â?‡Â?– ‘ˆ the City. Members shall serve without compensation. d. VacanciesǤ ‡”Â?ƒÂ?‡Â?– ˜ƒ…ƒÂ?…‹‡• ‘Â? –Š‡ ŽƒÂ?Â?‹Â?‰ ƒÂ?† ‘Â?‹Â?‰ ‘Â?Â?‹••‹‘Â? •ŠƒŽŽ „‡ Ď?‹ŽŽ‡† by the City Council, in the same manner as other appointments, for the unexpired term of the former member whose place has become vacant. e. Removal.

1.

Any member of the Planning and Zoning Commission may be removed for cause by the City Council at any time; provided, however, that before ƒÂ?› •—…Š ”‡Â?Â‘Â˜ÂƒÂŽÇĄ •—…Š Â?‡Â?„‡” •ŠƒŽŽ „‡ ’”‡•‡Â?–‡† ™‹–Š •’‡…‹Ď?‹… …Šƒ”‰‡• in writing and shall be given an opportunity to be heard in his/her own defense at a public hearing. Cause for removal of a member shall include: Ǥ Â?› —Â?†‹•…Ž‘•‡† ‘” —Â?Žƒ™ˆ—Ž …‘Â?Ď?Ž‹…– ‘ˆ ‹Â?–‡”‡•–Ǣ B. Any violation of this Code, ordinances, or rules applicable to the member’s performance of his/her duties; C. Any unwillingness or inability to carry out his/her duties in a prompt, conscientious, and competent manner; D. Failure to attend 25 percent or more Planning and Zoning Commission meetings in any 12 month period; E. Any conduct tending to cast doubt upon the integrity or objectivity of the member in performing his/her duties; or Ǥ Â?› ‘–Š‡” •’‡…‹Ď?‹… …‘Â?†—…– ‘ˆ –Š‡ Â?‡Â?„‡” ˆ‘—Â?† „› –Š‡ ‹–› ‘—Â?cil to be detrimental to the proper functioning of the Planning and Zoning Commission.

2.

Any member of the Planning and Zoning Commission may be removed for reorganizational cause by the City Council at any time said Planning and Zoning Commission is reorganized by the City Council resulting in a change in the total number of members serving on the Planning and Zoning Commission.

3.

A member removed for cause under this Subsection shall automatically be removed from the Board of Adjustment. f. Chairperson and Vice-Chairperson. The members of the Planning and Zoning Commission shall annually elect one of their number as Chairperson, to preside at all meet‹Â?‰• ƒÂ?† Š‡ƒ”‹Â?‰• ƒÂ?† –‘ ˆ—ŽĎ?‹ŽŽ –Š‡ …—•–‘Â?ƒ”› ˆ—Â?…–‹‘Â?• ‘ˆ –Šƒ– ‘ˆĎ?‹…‡ǥ ƒÂ?† ƒÂ?‘–Š‡” of their members as Vice-Chairperson. In the absence of the Chairperson, the ViceChairperson shall act as Chairperson and shall have all the powers of the Chairperson. The Vice-Chairperson shall have such other powers and duties as may from time to time be provided by the rules of the Planning and Zoning Commission. g. Secretary, Minutes, and Public Records. The Administrator, or designee, shall be the Secretary of the Planning and Zoning Commission, and shall attend all of its proceedings. The Secretary shall provide for the keeping of minutes of the proceedings of the Planning and Zoning Commission, showing attendance and the vote upon every question, and shall maintain permanent records of all Planning and Zoning Commission meetings, hearings, and proceedings and all correspondence of the PlanÂ?‹Â?‰ ƒÂ?† ‘Â?‹Â?‰ ‘Â?Â?‹••‹‘Â?Ǥ Š‡ ‡…”‡–ƒ”› •ŠƒŽŽ ’”‘˜‹†‡ ˆ‘” Â?‡‡’‹Â?‰ ƒ Ď?‹Ž‡ ‘ˆ ƒŽŽ records of the Planning and Zoning Commission, and such records shall be public records open to inspection at reasonable times and upon reasonable notice. The Secretary shall perform such other duties as may be established from time to time by the rules of the Planning and Zoning Commission. h. Planning Staff. Subject to the supervision and direction of the Administrator, the Division of Planning of the Community Development Department shall serve as planning staff to the Planning and Zoning Commission, and shall conduct administrative activities and prepare plans and studies as the Planning and Zoning Commission shall direct, subject to the limitations of funds appropriated by the City Council for such purposes. i. Quorum and Necessary Vote.

1.

As to any matter requiring a hearing before the Planning and Zoning Commission, no business shall be transacted by the Planning and Zoning Commission without a quorum, consisting of four members, being present. The concurring vote of at least three members shall be necessary for any action by the Planning and Zoning Commission which requires a hearing. If less than a quorum is present, the hearing may be adjourned for a period not exceeding three weeks at any one time. The Secretary shall, in writing, notify all members of the date of the adjourned hearing and shall also notify such other interested parties as may be designated in the vote of adjournment. ʹǤ ‘ Â?‡Â?„‡” ƒ„•‡Â?– ˆ”‘Â? ƒÂ?› ’‘”–‹‘Â? ‘ˆ ƒ Š‡ƒ”‹Â?‰ •ŠƒŽŽ „‡ “—ƒŽ‹Ď?‹‡† –‘ ˜‘–‡ —’‘Â? –Š‡ Â?ƒ––‡” Š‡ƒ”† —Â?Ž‡•• Š‡Ȁ•Š‡ •ŠƒŽŽ Ď?‹”•– …‡”–‹ˆ› ‘Â? –Š‡ ”‡…‘”† –Šƒ– he/she has reviewed the entire record of any such portion of the hearing during which he/she was absent and has fully informed himself/herself of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.

3.

As to any matter not requiring a hearing, the Planning and Zoning Commission may meet and deliberate at any properly called meeting regardless of the presence of a quorum or may continue consideration of such matter –‘ ƒÂ?› Žƒ–‡” Â?‡‡–‹Â?‰Ǥ Â‘Â™Â‡Â˜Â‡Â”ÇĄ Â?‘ Ď?‹Â?ƒŽ ƒ…–‹‘Â? •ŠƒŽŽ „‡ –ƒÂ?‡Â? ‘Â? ƒÂ?› •—…Š matter without a quorum, consisting of four members being present. The concurring vote of at least a majority of those voting shall be necessary to approve any matter or report or to make any recommendation.

4.

Any one or more members of the Planning and Zoning Commission may Ď?‹Ž‡ Â?‹Â?‘”‹–› ‘” †‹••‡Â?–‹Â?‰ ”‡’‘”–• ‹Â? •—’’‘”– ‘ˆ ƒÂ?› ’‘•‹–‹‘Â? …‘Â?…‡”Â?‹Â?‰ ƒ matter brought before the Planning and Zoning Commission. j. Meetings, Hearings, and Procedures.

1.

Regular meetings of the Planning and Zoning Commission shall be held at the call of the Chairperson or as provided by rule of the Planning and Zoning Commission. Special meetings shall be called by the Chairperson at the request of any three members of the Planning and Zoning Commission or at the request of the City Council.

2.

All meetings and hearings of the Planning and Zoning Commission shall be open to the public.

3.

The Planning and Zoning Commission shall adopt its own rules of procedure for the conduct of its business not inconsistent with this Code and –ƒ–‡ •–ƒ–—–‡•Ǥ —…Š ”—Ž‡• •ŠƒŽŽ „‡ Ď?‹Ž‡† ™‹–Š –Š‡ ‡…”‡–ƒ”› ‘ˆ –Š‡ ŽƒÂ?Â?‹Â?‰ and Zoning Commission and with the City Clerk. Any rule so adopted which relates solely to the conduct of the Planning and Zoning Commission’s meetings or hearings and which is not mandated by this Code or State statues may be waived by the Chairperson upon good cause being shown. k. Records and Decisions.

1.

The transcript of testimony, if any; the minutes of the Secretary; all appli…ƒ–‹‘Â?•ǥ ”‡“—‡•–•ǥ ‡šŠ‹„‹–•ǥ ƒÂ?† ’ƒ’‡”• Ď?‹Ž‡† ‹Â? ƒÂ?› ’”‘…‡‡†‹Â?‰ „‡ˆ‘”‡ –Š‡ Planning and Zoning Commission; and the decision and report(s) of the Planning and Zoning Commission shall constitute the record.

2.

Every recommendation of the Planning and Zoning Commission upon an application for an amendment of this Code or upon an application for a mixed use, planned development, or traditional neighborhood developÂ?‡Â?– •ŠƒŽŽ ‹Â?…Ž—†‡ Ď?‹Â?†‹Â?‰• ‘ˆ ÂˆÂƒÂ…Â–Ç˘ •ŠƒŽŽ ”‡ˆ‡” –‘ –Š‡ ‡šŠ‹„‹–•ǥ ’ŽƒÂ?•ǥ ‘” •’‡…‹Ď?‹…ƒ–‹‘Â?• —’‘Â? ™Š‹…Š •—…Š ”‡…‘Â?Â?‡Â?†ƒ–‹‘Â? ‹• Â„ÂƒÂ•Â‡Â†Ç˘ ƒÂ?† •ŠƒŽŽ •’‡…‹ˆ› –Š‡ reason(s) for such recommendation. In the event the Planning and Zoning Commission neither approves as presented, nor denies in its entirety, an ƒ’’Ž‹…ƒ–‹‘Â? –‘ ƒÂ?‡Â?† ‡‹–Š‡” –Š‡ –‡š– ‘ˆ –Š‹• ‘†‡ ‘” –Š‡ ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ ÂƒÂ’ÇĄ approve a subdivision, vacate right-of-way, or for any other purpose, but rather approves such an application in an amended, altered, or otherwise …ŠƒÂ?‰‡† ˆ‘”Â?ÇĄ ƒÂ? ‘”†‹Â?ƒÂ?…‡ ”‡Ď?Ž‡…–‹Â?‰ –Š‡ ŽƒÂ?Â?‹Â?‰ ƒÂ?† ‘Â?‹Â?‰ ‘Â?Â?‹•sion’s recommendations shall be presented to the City Council for action.

Until approved by the City Council, that ordinance shall be acknowledged to be no more than a recommendation.

3.

In reaching its decision on any such application, the Planning and Zoning Commission may rely on the personal knowledge of its members, on its inspections of the property, and on any reports available to it. All City staff and Planning and Zoning Commission reports shall be made available for study to interested parties at the earliest possible date prior to the public hearing.

4.

In any case where this Code provides that the failure of the Planning and ‘Â?‹Â?‰ ‘Â?Â?‹••‹‘Â? –‘ ƒ…– ™‹–Š‹Â? ƒ Ď?‹š‡† ’‡”‹‘† •ŠƒŽŽ „‡ †‡‡Â?‡† ƒ ‰”ƒÂ?– ‘” denial of an application, such failure shall, notwithstanding the absence of ”‡“—‹”‡† Ď?‹Â?†‹Â?‰• ƒÂ?† …‘Â?…Ž—•‹‘Â?•ǥ „‡ …‘Â?•‹†‡”‡† –‘ „‡ ƒ †‡…‹•‹‘Â? ‘ˆ –Š‡ Planning and Zoning Commission rendered on the day following the expi”ƒ–‹‘Â? ‘ˆ •—…Š Ď?‹š‡† ’‡”‹‘†Ǥ —…Š †‡…‹•‹‘Â? •ŠƒŽŽ „‡ ƒ’’‡ƒŽƒ„Ž‡ ‹Â? –Š‡ •ƒÂ?‡ manner as any other decision but, on such appeal, shall be entitled to no presumption of correctness. ͡Ǥ Š‡ ‡…”‡–ƒ”› •ŠƒŽŽ ‹Â?Â?‡†‹ƒ–‡Ž› Ď?‹Ž‡ ƒÂ?› †‡…‹•‹‘Â? ‘ˆ –Š‡ ŽƒÂ?Â?‹Â?‰ ƒÂ?† ‘Â?‹Â?‰ ‘Â?Â?‹••‹‘Â? ‹Â? –Š‡ ‘ˆĎ?‹…‡ ‘ˆ –Š‡ ŽƒÂ?Â?‹Â?‰ ƒÂ?† ‘Â?‹Â?‰ ‘Â?Â?‹••‹‘Â?Ǥ ‹–Šin seven days following any decision of the Planning and Zoning Commission, the Secretary shall mail notice to each person entitled to such notice pursuant to Subsection 25.06.070.9, Public Notice.

6.

As to other matters brought before the Planning and Zoning Commission, the Planning and Zoning Commission shall prepare such report as it shall deem appropriate to the subject matter.

8. ‘Â?Ď?Ž‹…–•Ǥ No member of the Planning and Zoning Commission shall participate in a hearing or disposition of any matter in which he/she is interested. For purposes of this Subsection, “interestedâ€? ‹Â?…Ž—†‡• ƒÂ?› †‹”‡…– ‘” ‹Â?†‹”‡…– Ď?‹Â?ƒÂ?…‹ƒŽ ‘” ’‡”•‘Â?ƒŽ ‹Â?–‡”‡•– Š‡Ž† „› ƒ ‘Â?Â?‹••‹‘Â?‡” ‘” ƒÂ?› Â?‡Â?„‡” ‘ˆ Š‹•ȀŠ‡” ˆƒÂ?‹Ž›Ǥ ”‹‘” –‘ ƒÂ?› Š‡ƒ”‹Â?‰ ‘” †‹•’‘•‹–‹‘Â?ÇĄ ƒ ‘Â?Â?‹••‹‘Â?‡” •ŠƒŽŽ …‹–‡ ƒÂ?› …‘Â?Ď?Ž‹…– ‘ˆ ‹Â?–‡”est and withdraw from participation or may disclose the facts involved and request a determination ‘ˆ ™Š‡–Š‡” ‘” Â?‘– ƒ …‘Â?Ď?Ž‹…– ‘ˆ ‹Â?–‡”‡•– ‡š‹•–•Ǥ Â?› “—‡•–‹‘Â? ‘ˆ ™Š‡–Š‡” ƒ Â?‡Â?„‡” Šƒ• ƒ …‘Â?Ď?Ž‹…– ‘ˆ ‹Â?–‡”‡•– •—ˆĎ?‹…‹‡Â?– –‘ †‹•“—ƒŽ‹ˆ› Š‹Â?ȀŠ‡” •ŠƒŽŽ „‡ †‡…‹†‡† „› ƒ Â?ƒŒ‘”‹–› ˜‘–‡ ‘ˆ –Š‡ Â?‡Â?„‡”• ‘ˆ –Š‡ ŽƒÂ?Â?‹Â?‰ ƒÂ?† ‘Â?‹Â?‰ ‘Â?Â?‹••‹‘Â? Â?‘– ‹Â?…Ž—†‹Â?‰ –Š‡ Â?‡Â?„‡” ™Š‘•‡ “—ƒŽ‹Ď?‹…ƒ–‹‘Â? ‹• ƒ– ‹••—‡Ǣ ™Š‡”‡ •—…Š ˜‘–‡ ”‡•—Ž–• ‹Â? ƒ –‹‡ǥ –Š‡ Â?‡Â?„‡” •ŠƒŽŽ „‡ †‹•“—ƒŽ‹Ď?‹‡†Ǥ 9. Appeals to City Council. Â?› ’‡”•‘Â?Č‹Â•ČŒÇĄ Œ‘‹Â?–Ž› ‘” Â•Â‡Â˜Â‡Â”ÂƒÂŽÂŽÂ›ÇĄ ƒ‰‰”‹‡˜‡† „› ƒÂ?› Ď?‹Â?ƒŽ †‡…‹•‹‘Â? ‘ˆ the Planning and Zoning Commission, may present to the City Council a notice of appeal specifying the grounds for the appeal. Such petition shall be presented to the City Council within 30 days after –Š‡ Ď?‹Ž‹Â?‰ ‘ˆ –Š‡ Â?‘–‹…‡ ‹Â? –Š‡ ‘ˆĎ?‹…‡ ‘ˆ –Š‡ ŽƒÂ?Â?‹Â?‰ ƒÂ?† ‘Â?‹Â?‰ ‘Â?Â?‹••‹‘Â?Ǥ ‘ ƒ’’‡ƒŽ •ŠƒŽŽ Ž‹‡ …‘Â?cerning any matter as to which the power of the Planning and Zoning Commission is limited to the making of a recommendation to the City Council. The procedures, criteria, and decisions of the City Council shall be as set out in Subsection 25.06.090.21, Appeals to the City Council. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎŻĎŹÍ˜ĎŻ Ĺ˝Ä‚ĆŒÄš ŽĨ ĚŊƾĆ?ƚžĞŜƚ 1. Membership. a. ‡Â?„‡”•Š‹’ǥ ‡”Â?•ǥ ƒÂ?† Â—ÂƒÂŽÂ‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â?•. Pursuant to Chapter 414 of the Iowa Code, there is established a Board of Adjustment, which may consist of nine members appointed by the City Council ˆ‘” –‡”Â?• ‘ˆ Ď?‹˜‡ ›‡ƒ”•Ǥ Â?Ž‡•• •’‡…‹Ď?‹…ƒŽŽ› ƒ—–Š‘”‹œ‡† „› –Š‡ City Council, no member, however, shall be appointed to more than two consecutive Ď?Â‹Â˜Â‡ÇŚÂ›Â‡ÂƒÂ” –‡”Â?•Ǥ ‡Â?„‡”• ‘ˆ –Š‡ ‘ƒ”† ‘ˆ †Œ—•–Â?‡Â?– •ŠƒŽŽ „‡ “—ƒŽ‹Ď?‹‡† ”‡•‹†‡Â?– ‡Ž‡…–‘”• ‘ˆ ‹‘—š ‹–›ǥ ƒÂ?† •ŠƒŽŽ Â?‘– „‡ ‘ˆĎ?‹…‡”• ‘” ‡Â?’Ž‘›‡‡• ‘ˆ –Š‡ City or any agency or department of the City. A majority of the members of the Board of Adjustment shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. A person appointed to the Board of Adjustment shall also be appointed to the Planning and Zoning Commission. Members of the Board of Adjustment shall serve without compensation. b. VacancyǤ ‡”Â?ƒÂ?‡Â?– ˜ƒ…ƒÂ?…‹‡• ‘Â? –Š‡ ‘ƒ”† ‘ˆ †Œ—•–Â?‡Â?– •ŠƒŽŽ „‡ Ď?‹ŽŽ‡† „› –Š‡ ‹–› Council, in the same manner as other appointments, for the unexpired term of the former member whose place has become vacant. Members whose terms have expired shall continue to serve until a successor has been appointed. c. Removal. Any member of the Board of Adjustment may be removed for cause by the City Council at any time; provided, however, that before any such removal, such member •ŠƒŽŽ „‡ ’”‡•‡Â?–‡† ™‹–Š •’‡…‹Ď?‹… …Šƒ”‰‡• ‹Â? ™”‹–‹Â?‰ ƒÂ?† •ŠƒŽŽ „‡ ‰‹˜‡Â? ƒÂ? ‘’’‘”–—nity to be heard in his/her own defense at a public hearing. Cause for removal of a member shall include: ͳǤ Â?› —Â?†‹•…Ž‘•‡† ‘” —Â?Žƒ™ˆ—Ž …‘Â?Ď?Ž‹…– ‘ˆ ‹Â?–‡”‡•–Ǣ 2.

Any violation of the codes, ordinances, or rules applicable to the member’s performance of his/her duties; 3.

Any unwillingness or inability to carry out his/her duties in a prompt, conscientious, and competent manner; 4.

Any conduct tending to cast doubt upon the integrity or objectivity of the member in performing his/her duties; or ͡Ǥ Â?› ‘–Š‡” •’‡…‹Ď?‹… …‘Â?†—…– ‘ˆ –Š‡ Â?‡Â?„‡” ˆ‘—Â?† „› –Š‡ ‹–› ‘—Â?…‹Ž –‘ be detrimental to the proper functioning of the Board of Adjustment. A member removed for cause under this Subsection shall automatically be removed from the Planning and Zoning Commission also.

2. Šƒ‹”’‡”•‘Â? ƒÂ?† ‹…‡nj Šƒ‹”’‡”•‘Â?Ǥ The members of the Board of Adjustment shall annually ‡Ž‡…– ‘Â?‡ ‘ˆ –Š‡‹” Â?‡Â?„‡”• ĥ Šƒ‹”’‡”•‘Â?ÇĄ –‘ ’”‡•‹†‡ ƒ– ƒŽŽ Â?‡‡–‹Â?‰• ƒÂ?† Š‡ƒ”‹Â?‰• ƒÂ?† –‘ ˆ—ŽĎ?‹ŽŽ –Š‡ …—•–‘Â?ƒ”› ˆ—Â?…–‹‘Â?• ‘ˆ –Šƒ– ‘ˆĎ?‹…‡ǥ ƒÂ?† ƒÂ?‘–Š‡” ‘ˆ –Š‡‹” Â?‡Â?„‡”• ĥ ‹…‡nj Šƒ‹”’‡”•‘Â?Ǥ Š‡ Šƒ‹”person and Vice-Chairperson may administer oaths and compel the attendance of witnesses. In the absence of the Chairperson, the Vice-Chairperson shall act as Chairperson and shall have all of the powers of the Chairperson. The Vice-Chairperson shall have other powers and duties as may from time to time be provided by the rules of the Board of Adjustment.

3. Secretary, Minutes, and Public Records. a. Secretary. The Administrator, or a designee, shall serve as Secretary to the Board of Adjustment. The Secretary shall attend all the proceedings of the Board of Adjustment. b. Minutes. The Secretary shall provide for the keeping of minutes of the proceedings of the Board of Adjustment, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall maintain permanent records of all Board of Adjustment meetings, hearings, and proceedings, and all correspondence of the Board of Adjustment. c. Public RecordsǤ Š‡ ‡…”‡–ƒ”› •ŠƒŽŽ ’”‘˜‹†‡ ˆ‘” Â?‡‡’‹Â?‰ ƒ Ď?‹Ž‡ ‘ˆ ƒŽŽ ”‡…‘”†• ‘ˆ –Š‡ ‘ƒ”† of Adjustment, and such records shall be public records open to inspection at reasonable times and upon reasonable notice. The Secretary shall perform such other duties as may be established from time to time by the rules of the Board of Adjustment.

4. —‘”—Â? ƒÂ?† ‡…‡••ƒ”› ‘–‡Ǥ a. No business shall be transacted by the Board of Adjustment without a quorum, consisting of four members, being present. The concurring vote of a least four members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination appealed to it, to decide in favor of the applicant or any application made, or to effect any variance from the provisions of this Code. If less than a quorum is present, a hearing may be adjourned for a period not exceeding three weeks at any one time. The Secretary shall, in writing, notify all members of the date of the adjourned hearing and the Secretary will also notify such other interested parties as may be designated in the vote of adjournment. „Ǥ ‘ Â?‡Â?„‡” ƒ„•‡Â?– ˆ”‘Â? ƒÂ?› ’‘”–‹‘Â? ‘ˆ ƒ Š‡ƒ”‹Â?‰ •ŠƒŽŽ „‡ “—ƒŽ‹Ď?‹‡† –‘ ˜‘–‡ —’‘Â? –Š‡ Â?ƒ––‡” Š‡ƒ”† —Â?Ž‡•• Š‡Ȁ•Š‡ •ŠƒŽŽ Ď?‹”•– …‡”–‹ˆ› ‘Â? –Š‡ ”‡…‘”† –Šƒ– Š‡Ȁ•Š‡ Šƒ• ”‡˜‹‡™‡† the entire record of any portion of the hearing during which he/she was absent and has fully informed himself/herself of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote. c. A tie vote by the Board of Adjustment shall mean that the application for an appeal, interpretation, or variance is denied for failure to obtain four concurring votes.

5. Records and Decisions. a. The transcript of testimony, if any; the minutes of the Secretary; all applications, re“—‡•–•ǥ ‡šŠ‹„‹–•ǥ ƒÂ?† ’ƒ’‡”• Ď?‹Ž‡† ‹Â? ƒÂ?› ’”‘…‡‡†‹Â?‰ „‡ˆ‘”‡ –Š‡ ‘ƒ”† ‘ˆ †Œ—•–Â?‡Â?–Ǣ and the decision of the Board of Adjustment shall constitute the record. The Board of Adjustment may rely on the personal knowledge of its members, on its inspections of the property, and on any reports available to it; provided, however, that reliance on such matter shall not be allowed unless the Board of Adjustment shall have made the particular knowledge, inspection, or report a matter of record at the public hearings, and afforded every party reasonable time to respond to it. b. Every decision of the Board of Adjustment shall: ͳǤ ‡ „› ™”‹––‡Â? ”‡…‘”† ™Š‹…Š •ŠƒŽŽ ‹Â?…Ž—†‡ Ď?‹Â?†‹Â?‰• ‘ˆ ÂˆÂƒÂ…Â–Ç˘ ʹǤ ‡ˆ‡” –‘ ƒŽŽ –Š‡ ‡˜‹†‡Â?…‡ ‹Â? –Š‡ ”‡…‘”† ƒÂ?† –‘ –Š‡ ‡šŠ‹„‹–•ǥ ’ŽƒÂ?•ǥ ‘” •’‡…‹Ď?‹cations upon which such decision is based; 3.

Specify the reason or reasons for such decision; ͜Ǥ ‘Â?–ƒ‹Â? ƒ …‘Â?…Ž—•‹‘Â? ‘” •–ƒ–‡Â?‡Â?– •‡’ƒ”ƒ–‡ ˆ”‘Â? –Š‡ Ď?‹Â?†‹Â?‰• ‘ˆ ˆƒ…– •‡––‹Â?‰ ‘—– –Š‡ •’‡…‹Ď?‹… ”‡Ž‹‡ˆ ‰”ƒÂ?–‡† ‘” †‡Â?›‹Â?‰ Â”Â‡ÂŽÂ‹Â‡ÂˆÇ˘ ƒÂ?† 5.

Expressly set out any limitations or conditions imposed on any relief granted or work or use authorized. c. In any case where this Code provides that the failure of the Board of Adjustment to ƒ…– ™‹–Š‹Â? ƒ Ď?‹š‡† ’‡”‹‘† •ŠƒŽŽ „‡ †‡‡Â?‡† ƒ ‰”ƒÂ?– ‘” †‡Â?‹ƒŽ ‘ˆ ƒÂ? ƒ’’Ž‹…ƒ–‹‘Â?ÇĄ •—…Š ˆƒ‹Ž—”‡ Â•ÂŠÂƒÂŽÂŽÇĄ Â?‘–™‹–Š•–ƒÂ?†‹Â?‰ –Š‡ ƒ„•‡Â?…‡ ‘ˆ ”‡“—‹”‡† Ď?‹Â?†‹Â?‰• ƒÂ?† …‘Â?…Ž—•‹‘Â?ÇĄ „‡ considered to be a decision of the Board of Adjustment rendered on the day follow‹Â?‰ –Š‡ ‡š’‹”ƒ–‹‘Â? ‘ˆ •—…Š Ď?‹š‡† ’‡”‹‘†Ǣ ‹Â? ƒÂ?› ‘–Š‡” …ƒ•‡ ™Š‡”‡ –Š‡ ‘ƒ”† ‘ˆ †justment acts without the required written record, such action shall be considered to be a decision of the Board of Adjustment. Such decisions shall be appealable in the same manner as any other decision but, on such appeal, shall be entitled to no presumption of correctness. †Ǥ Š‡ ‡…”‡–ƒ”› •ŠƒŽŽ ‹Â?Â?‡†‹ƒ–‡Ž› Ď?‹Ž‡ ƒÂ?› †‡…‹•‹‘Â? ‘ˆ –Š‡ ‘ƒ”† ‘ˆ †Œ—•–Â?‡Â?– ‹Â? –Š‡ ‘ˆĎ?‹…‡ of the Board of Adjustment. Within seven days following any decision of the Board of Adjustment, the Secretary shall mail notice to each person entitled to such notice pursuant to Subsection 25.06.070.9, Public Notice.

6. ‘Â?Ď?Ž‹…–•Ǥ No member of the Board of Adjustment shall participate in the hearing or disposition of any matter in which he/she is interested. For purposes of this Subsection, “interestedâ€? includes ƒÂ?› †‹”‡…– ‘” ‹Â?†‹”‡…– Ď?‹Â?ƒÂ?…‹ƒŽ ‘” ’‡”•‘Â?ƒŽ ‹Â?–‡”‡•– Š‡Ž† „› ƒ Â?‡Â?„‡” ‘” ‘ˆ ƒÂ?› Â?‡Â?„‡” ‘ˆ Š‹•ȀŠ‡” ˆƒÂ?‹Ž›Ǥ ”‹‘” –‘ ƒÂ?› Š‡ƒ”‹Â?‰ ‘” †‹•’‘•‹–‹‘Â?ÇĄ ƒ Â?‡Â?„‡” •ŠƒŽŽ …‹–‡ ƒÂ?› …‘Â?Ď?Ž‹…– ‘ˆ ‹Â?–‡”‡•– ƒÂ?† ™‹–Š†”ƒ™ from participation or may disclose the facts involved and request a determination of whether or not ƒ …‘Â?Ď?Ž‹…– ‘ˆ ‹Â?–‡”‡•– ‡š‹•–•Ǥ Â?› “—‡•–‹‘Â? ‘ˆ ™Š‡–Š‡” ƒ Â?‡Â?„‡” Šƒ• ƒ …‘Â?Ď?Ž‹…– ‘ˆ ‹Â?–‡”‡•– •—ˆĎ?‹…‹‡Â?– –‘ disqualify him/her shall be decided by a majority vote of the members of the Board of Adjustment, Â?‘– ‹Â?…Ž—†‹Â?‰ –Š‡ Â?‡Â?„‡” ™Š‘•‡ “—ƒŽ‹Ď?‹…ƒ–‹‘Â? ‹• ƒ– ‹••—‡Ǥ Š‡”‡ •—…Š ˜‘–‡ ”‡•—Ž–• ‹Â? ƒ –‹‡ǥ –Š‡ Â?‡Â?„‡” •ŠƒŽŽ „‡ †‹•“—ƒŽ‹Ď?‹‡†Ǥ 7. Petition for Certiorari. Any person(s), jointly or severally, aggrieved by any decision of the ‘ƒ”† ‘ˆ †Œ—•–Â?‡Â?–ǥ ‘” ƒÂ?› Â–ÂƒÂšÂ’ÂƒÂ›Â‡Â”ÇĄ ‘” ƒÂ?› ‘ˆĎ?‹…‡”ǥ †‡’ƒ”–Â?‡Â?–ǥ ‘” „‘ƒ”† ‘ˆ –Š‡ ‹–›ǥ Â?ƒ› ’”‡•‡Â?– –‘ ƒ …‘—”– ‘ˆ ”‡…‘”† ƒ ’‡–‹–‹‘Â?ÇĄ †—Ž› ˜‡”‹Ď?‹‡†ǥ •‡––‹Â?‰ ˆ‘”–Š –Šƒ– •—…Š †‡…‹•‹‘Â? ‹• Â‹ÂŽÂŽÂ‡Â‰ÂƒÂŽÇĄ ‹Â? ™Š‘Ž‡ ‘” ‹Â? part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 †ƒ›• ƒˆ–‡” –Š‡ Ď?‹Ž‹Â?‰ ‘ˆ –Š‡ †‡…‹•‹‘Â? ‹Â? –Š‡ ‘ˆĎ?‹…‡ ‘ˆ –Š‡ ‘ƒ”† ‘ˆ †Œ—•–Â?‡Â?–Ǥ 8. Powers and Duties. The Board of Adjustment shall hear and decide upon: a. Appeals. Subject to the provision of Subsection 25.06.090.20, Administrative Appeals, to hear and decide appeals where it is alleged there is error in any order, requirement, decisions, or determination made by the Administrator, or designee, or another adÂ?‹Â?‹•–”ƒ–‹˜‡ ‘ˆĎ?‹…‹ƒŽ ‘” ƒ‰‡Â?…›ǥ ‹Â? –Š‡ ‡Â?ˆ‘”…‡Â?‡Â?– ‘ˆ –Š‹• ‘†‡ ‘” ƒÂ?› ”‡‰—Žƒ–‹‘Â?• relating to the location or soundness of structures. b. Interpretations. Interpretations of the provisions of this Code and the ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ Map, upon referral by the Administrator; and c. Variances. Subject to the provisions of Subsection 25.06.090.24, Variance, to authorize upon appeal, variancesÇĄ ‹Â?…Ž—†‹Â?‰ ƒ˜‹‰ƒ–‹‘Â?ÇĄ •‹‰Â?ÇĄ ƒÂ?† Ď?Ž‘‘†’Žƒ‹Â? ˜ƒ”‹ƒÂ?…‡•ǥ •‘ ĥ –‘ ”‡Ž‹‡˜‡ †‹ˆĎ?‹…—Ž–‹‡• ‘” Šƒ”†•Š‹’ ˆ”‘Â? –Š‡ •–”‹…– ƒ’’Ž‹…ƒ–‹‘Â? ‘ˆ –Š‡•‡ ”‡‰—Žƒ–‹‘Â?• as will not be contrary to the public interest where by reason of exceptional nar”‘™Â?‡••ǥ •ŠƒŽŽ‘™Â?‡••ǥ ‘” •Šƒ’‡ ‘ˆ ƒ •’‡…‹Ď?‹… ’‹‡…‡ ‘ˆ ’”‘’‡”–› ƒ– –Š‡ –‹Â?‡ ‘ˆ ‡Â?actment of this Code; or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the •–”‹…– ƒ’’Ž‹…ƒ–‹‘Â? ™‘—Ž† ”‡•—Ž– ‹Â? ’‡…—Ž‹ƒ” ƒÂ?† ‡š…‡’–‹‘Â?ƒŽ ’”ƒ…–‹…ƒŽ †‹ˆĎ?‹…—Ž–‹‡• –‘ ‘” exceptional and undue hardships upon the owner of such property. ͳǤ ‹Â?†‹Â?‰• „› ‘ƒ”†Ǥ Š‡ ‘ƒ”† ‘ˆ †Œ—•–Â?‡Â?– •ŠƒŽŽ Â?ƒÂ?‡ Ď?‹Â?†‹Â?‰• –Šƒ– –Š‡ requirements of Item H.3.a., above, have been met by the applicant for a variance.

2.

Conditions for granting a variance.

A. In granting any variance, the Board of Adjustment may prescribe conditions and safeguards in conformity with these regulations.

Violation of such conditions and safeguards, when made in part of the terms under which the variance is granted, shall be deemed a violation of these regulations and punishable under Subsection 25.06.160.3, Violations; B. No nonconforming use of neighboring lands, structures, or buildings in the same district and no allowed or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

3.

Reversing decisions by the Administrator. In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is in …‘Â?ˆ‘”Â?‹–› ™‹–Š –Š‡ –‡”Â?• ‘ˆ –Š‹• —„•‡…–‹‘Â?ÇĄ ”‡˜‡”•‡ ‘” ƒˆĎ?‹”Â?ÇĄ ™Š‘ŽŽ› ‘” partly, or may modify the order, requirement, decisions, or determination as ought to be made, and to that end shall have powers of the Administrator from whom the appeal is taken. d. Approvals. ͳǤ Â‡ÂƒÂ”ÇĄ Â”Â‡Â˜Â‹Â‡Â™ÇĄ ƒÂ?† Ď?‹Â?ƒŽŽ› †‡…‹†‡ ƒ’’Ž‹…ƒ–‹‘Â?• ˆ‘” …‘Â?†‹–‹‘Â?ƒŽ —•‡ ’‡”Â?‹– ƒ’proval. ʹǤ Â‡ÂƒÂ”ÇĄ Â”Â‡Â˜Â‹Â‡Â™ÇĄ ƒÂ?† Ď?‹Â?ƒŽŽ› †‡…‹†‡ ƒ’’Ž‹…ƒ–‹‘Â?• ˆ‘” –‡Â?’‘”ƒ”› —•‡ ƒ’’”‘˜ƒŽ ˆ‘” the following: A. Public and commercial events with an expected peak attendance of more than 1,500 persons and where indicated as “conditionalâ€? in Table 25.02.200, Temporary Uses; and B. Construction, storage, and refuse collection uses where indicated as “conditionalâ€? in Table 25.02.200, Temporary Uses e. Amendments. Initiate changes and amendments to the text of this Code. f. Advisement. Upon reasonable, written request, make special knowledge and expertise ƒ˜ƒ‹Žƒ„Ž‡ –‘ ƒÂ?› ‘ˆĎ?Â‹Â…Â‹ÂƒÂŽÇĄ †‡’ƒ”–Â?‡Â?–ǥ Â„Â‘ÂƒÂ”Â†ÇĄ …‘Â?Â?‹••‹‘Â?ÇĄ ‘” ƒ‰‡Â?…› ‘ˆ –Š‡ ‹–›ǥ County, State, or Federal governments to aid them in the performance of their respective duties relating to zoning and its administration in the City. g. Zoning Administration. Make investigations, maps and reports, and recommendations relating to zoning and its administration in the City provided, however, that the expenditures of the Board of Adjustment shall not exceed the amount appropriated.

9. Referral of Matters to Planning and Zoning Commission; Reports. If the Board of Adjustment believes that the standards for granting a variance or an appeal have not been met, but that the applicant has made a reasonable argument that there may be grounds for review of a provision of this Code, then the Board of Adjustment shall forward a report on the matter to the Planning and Zoning Commission for discussion. The Planning and Zoning Commission retains full discretion ”‡‰ƒ”†‹Â?‰ ‡Â?ˆ‘”…‡Â?‡Â?– ‘ˆ –Š‡ •’‡…‹Ď?‹‡† ‘†‡ ’”‘˜‹•‹‘Â?ÇĄ ƒÂ?† •ŠƒŽŽ ƒ…– —’‘Â? –Š‡ ‘ƒ”† ‘ˆ †Œ—•–Â?‡Â?–ǯ• ”‡’‘”– ‹ˆ ‹– …‘Â?…—”• –Šƒ– ƒ –‡š– ƒÂ?‡Â?†Â?‡Â?– Â?ƒ› „‡ ”‡ƒ•‘Â?ƒ„Ž‡Ǥ ’‘Â? •—…Š ƒ ‰‡Â?‡”ƒŽ Ď?‹Â?†‹Â?‰ǥ –Š‡ ŽƒÂ?ning and Zoning Commission shall place the item on a subsequent agenda for further discussion or

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consideration.

C.

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϯϬ͘ϰ ĞƐŝŐŶ ZĞǀŝĞǁ ŽŵŵŝƩĞĞ ; Z Ϳ 1. Generally. There is hereby created and established a regulatory board to be known as the Design Review Committee, which is formed for the purposes of improving and enhancing the overall appearance and character of the City. The Design Review Committee serves as an administrative body, that provides review and recommendations for applications relating to development concept plans, mixed use and planned development site plans, neighborhood conservation building or site ǡ ǡ ǡ ǡ ϐ ǡ ignation of historic districts or sites, and sign variances. The Design Review Committee has the ability to refer these applications to the Historic Preservation Commission or the Planning and Zoning Commission, as appropriate.

2. Membership. a. The Design Review Committee shall be appointed by the City Manager and consist of ǡ ǡ ǡ ϐ department, engineering, public works, and historic preservation. b. The Design Review Committee members shall have the requisite experience and expertise to evaluate design from multiple perspectives, including such areas as building ǡ ϐ ǡ ǡ ǡ ǡ ǡ toric preservation.

3. Powers. The Design Review Committee shall have the role to review and provide technical recommendations concerning the following application types: a. Minor changes to development concept plans, recommended to the Administrator; b. Minor changes to planned development site plans, recommended to the Administrator and Planning and Zoning Commission; c. Neighborhood conservation building or site improvement plans, recommended to the Administrator; d. Integrated and two-story accessory dwelling units in the allowable districts, recommended to the Administrator; e. Site plans for new development, redevelopment, substantial improvement and expansion of multiple-family residential, nonresidential, and mixed use buildings and sites in all districts, as well as in special districts, recommended to the Administrator; Ǥ ϐ vation Commission; and 4. Reports. The Design Review Committee shall make recommendations for amendments to this Code regarding Subchapter 25.03-C, Design Standards.

5. Procedures. The Design Review Committee shall operate according to the provisions outlined in Chapter 2.66, Uniform Provisions for Boards, Commissions, and Committees, of the Municipal Code, as may be amended from time to time, and may adopt additional operating procedures that are consistent with such rules and procedures of this Code.

6. Staff. The Administrator, or a designee, shall provide assistance to the Design Review Committee.

c.

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϯϬ͘ϱ ,ŝƐƚŽƌŝĐ WƌĞƐĞƌǀĂƟŽŶ ŽŵŵŝƐƐŝŽŶ 1. Purpose of the Historic Preservation Commission. The purpose of the Historic Preservation Commission is to: a. Promote the educational, cultural, economic, and general welfare of the public through the recognition, enhancement, and perpetuation of sites and districts of historical ϐ Ǣ b. Safeguards the City’s historic, aesthetic, and cultural heritage by preserving sites and ϐ Ǣ c. Stabilize and improve property values; d. Foster pride in the legacy of beauty and achievements of the past; e. Protect and enhance the City’s attractions to tourists and visitors and the support and stimulus to businesses; f. Strengthen the economy of the City; and g. Promote the use of historic sites, historic districtsǡ ϐ cance for the education, pleasure, and welfare of the people of the City.

2. Membership. The Historic Preservation Commission shall consist of nine members who shall be residents of the City and meet at least three times a year. Members shall serve without compensation. The Historic Preservation Commission shall elect a Chairperson who shall preside over all Historic Preservation Commission meetings and elect a Secretary who shall be responsible for maintaining written records of the Historic Preservation Commission’s proceedings.

3. Method of Appointment. Members of the Historic Preservation Commission shall be appointed by a majority vote of the City Council. Members shall demonstrate a positive interest in historic preservation, possessing interest or expertise in architecture, architectural history, historic preservation, city planning, building rehabilitation, archeology, history, conservation in general, or real estate. The original appointment of the members of the Historic Preservation Commission shall be three members for one year, three members for two years, and three members for three years.

Terms end June 30 of each year but members shall serve until their successor is appointed.

4. Ǥ A simple majority of the Historic Preservation Commission shall constitute a quorum for the transaction of business.

5. Ǥ Vacancies occurring in the Historic Preservation Commission, other than expiration ϐ ǡ Ǥ ϐ Ǥ 6. Removal. Historic Preservation Commissioners may be removed by a majority vote of the City Council for good cause shown as determined by the City Council.

7. Powers and Duties. The Historic Preservation Commission shall have the following powers: Ǥ ϐ ϐ Code. The Historic Preservation Commission may proceed at its own initiative our upon a petition from any person, group, or association or upon the request of the City Council. The Historic Preservation Commission shall maintain records for all studies and inventories for public use, and a copy of such records shall be main ϐ Ǥ b. The Historic Preservation Commission may make a recommendation to the State His ϐ Register of Historic Places and may conduct a public hearing. c. The Historic Preservation Commission may investigate and recommend to the City Council the adoption of ordinances designating historic sites and historic districts if ϐ Ǥ d. The Historic Preservation Commission may review and provide recommendations for the following application types: 1.

Sign permits in the Historic 4th Street (HA-4), Historic Pearl Street (HA-P), or Historic Neighborhood or Center (HA-N) sub-districts, recommended to the Design Review Committee and Administrator; ʹǤ ϐ ȋ Dz ϐ dzȌǡ ǡ ǡ ϐ ǡ ǦͶǡ Ǧ ǡ HA-N sub-districts, recommended to the Design Review Committee and Administrator; 3.

Projects required under Section 106 of the National Historic Preservation Act, including wireless telecommunication towers and building-mounted telecommunication towers, to determine whether the site is located in, on, or within the viewshed of a building, site, district, structure, or object sig ϐ ǡ ǡ ǡ ture, that is listed, or eligible for listing on the National Register of Historic ǡ ϐ ing party; 4.

Designation of historic districts or historic sites, recommended to the City Council; and 5.

Nominations to the National Register of Historic Places, recommended to ϐ Ǥ Ǥ ϐ ǡ mission may, with City Council approval: 1.

Accept unconditional gifts and donations of real and personal property, including money, for the purpose of historic preservation; 2.

Acquire by purchase, bequest, or donation, fee, and lesser interests in historic properties, including properties adjacent to or associated with historic sites; 3.

Preserve, restore, maintain, and operate historic sites, under the control of the Historic Preservation Commission; 4.

Lease, sell, and otherwise transfer or dispose of historic sites subject to rights of public access and other covenants and in a manner that will preserve the property; 5.

Contract with the State and Federal government or other organizations; 6.

Cooperate with the Federal, State, and local governments in the pursuance of the objectives of historic preservation; 7.

Provide information for the purpose of historic preservation to the City Council; and 8.

Promote and conduct an educational and interpretive program on historic sites within its jurisdiction.

8. Responsibilities. It shall be the responsibility of the Historic Preservation Commission to: a. Prepare and deliver to the City Council an annual report covering program activities and ϐ ͸Ͳ ϐ Ǥ b. Deposit all moneys received with the City Treasurer to be credited to the Historic Preservation Commission, and make all disbursements utilizing the claim and warrant procedures of the City. c. File with the City Clerk for public inspection copies of minutes of all Historic Preservation Commission meetings and resolutions duly passed by the Commission within 14 days of the meeting at which such action was taken. d. Utilize the central staff and auxiliary services of the City administration and refrain from duplicating them or from establishing incompatible procedures, as more particularly set out in “Standard Operating Procedures for all City Council Appointed Boards, Commission, and Committees” as adopted by the City Council and incorporated herein by reference.

9. Limitations. The following shall be limitations upon the powers of the Historic Preservation Commission: a. All property, whether real or personal, shall be acquired, received, and held in the name of the City. b. The purchase of property from or sale of property to any member of the Commission is prohibited.

d.

e.

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϯϬ͘ϲ ĚŵŝŶŝƐƚƌĂƚŽƌ ;ĂĐƟŶŐ ĂƐ &ůŽŽĚƉůĂŝŶ ĚŵŝŶŝƐƚƌĂƚŽƌ ĂŶĚ ,ŝƐƚŽƌŝĐ WƌĞƐĞƌǀĂƟŽŶ KĸĐĞƌͿ 1. Generally. The Administrator is a member of the City staff who is ultimately responsible for processing an application to decision (in case of administrative approval) or recommendation to another review body (in case of public meeting and hearing approvals). The Administrator shall designate staff members to manage applications through the review process and to be points of contact for applicants, and to perform such other functions and duties as may be required of the Administrator by this Code. The Administrator may also designate review responsibilities to other members of City staff with relevant technical training or expertise, or, as appropriate, to consultants that are authorized by the City Council.

2. Duties and Responsibilities. For the purposes of reference, the Administrator has the following duties and responsibilities with respect to the administration of this Code. Such duties may be allocated by the City Manager in the exercise of the responsibilities of the Administrator without amendment to this Code: a. General Administration. The Administrator shall: ͳǤ

Ȁ ϐ Code text, position of district boundaries, district designation, or other matters relating to the ϐ ; ʹǤ ϐ mation thereon; 3.

Provide public information relating to zoning matters including scheduled meetings of the Historic Preservation Commission, Planning and Zoning Commission, and Board of Adjustment; ͶǤ ǡ ǡ ϐ cates; zoning amendments; cluster, mixed housing, and planned neighborhood developments; mixed use developments; traditional neighborhood Ǣ ϐ panying plans and documents, all of which shall be a public record; 5.

Register and maintain records and maps of nonconforming uses, buildings, structures, lighting, landscaping, bufferyards, signs, parking and loading, site access, site improvements, and lots; ͸Ǥ ϐ Ǣ and 7.

Serve as staff planner to the Planning and Zoning Commission and in that capacity when requested to do so by the Planning and Zoning Commission, attend the meetings of the Planning and Zoning Commission, inform the of all facts and information with respect to any matter brought before the Planning and Zoning Commission and perform other duties as may be assigned by this Code and by the rules of the Planning and Zoning Commission. b. Management, Reporting, and Studies. The Administrator shall: 1.

Supervise, manage, and be responsible for the affairs and activities of the ǡ ϐ ǡ ǡ Director of Community Development the employment of experts, technical assistants, clerks, secretaries, and other personnel as shall be provided by ordinance and pay for their services and other necessary and proper expenses, but only out of such appropriations as may from time to time be made available; 2.

Consistent with the express standards, purposes, and intent of this Code, promulgate, adopt, and issue procedural rules and regulations as are necessary to the effective functioning of the department and the effective conduct of the jurisdiction, authority, and duties assigned to it; 3.

Serve as staff Secretary to the Board of Adjustment, and shall in that capacity: A. Attend the meetings of the Board of Adjustment; B. Inform the Board of Adjustment of all facts and information at his/ her disposal with respect to any matter brought before the Board of Adjustment;

Sioux ity oning C ndZ ign aode S inal C raft –

D

F03.23.15

f. g. h.

i.

Give notice 30 days prior to the expiration of the term of any member of the Board of Adjustment, of the date on which the term of such member will expire, to such member and to the City Council; and D. Perform such other duties as may be assigned to him/her by this Code by the rules of the Board of Adjustment.

4.

Annually prepare and submit a report to the City Manager, the Manager of Inspection Services, and the Chairperson of the Board of Adjustment, Historic Preservation Commission, and Planning and Zoning Commission concerning the activity of the Department of Planning and the status of the ǯ Ǥ ϐ the results of any major studies undertaken in the prior year, shall review and evaluate all changes in the Comprehensive Plan proposed or adopted during the prior year, and shall set out the recommendations concerning ϐ the planning program for the forthcoming year; 5.

Prepare and submit, at least annually, a report to the City Manager and the Planning and Zoning Commission, concerning the administration of this Code, setting forth such information and statistical data as may be of interest and value in advancing and furthering the goals and purposes of these regulations and setting out the recommendations of the Administrator for the improvement of these regulations and their administration. At the end of each calendar year, he/she shall submit a statistical report on minor ϐ ǡ ǡ ǡ ϐ ǡ City Manager for inclusion in required reports to the City Council and as applicable, the Federal Insurance Administration (FIA).

6.

Whenever the City Council, City Manager, Planning and Zoning Commission, Historic Preservation Commission, or the Board of Adjustment re ϐ available, conduct or cause to be conducted such surveys, investigations, ϐ ǡ ǡ ǡ photographs, charts, and exhibits as may be requested; 7.

Initiate and continue such social, economic, physical, and environmental studies as may be necessary or appropriate for the development and revision of the Comprehensive Plan by the Planning and Zoning Commission; and 8.

Maintain permanent and current records of the Planning Department, including all maps; amendments; mixed use development or planned and traditional neighborhood development approvals and denials; and decisions rendered by the Planning and Zoning Commission together with relevant ϐ Ǥ Floodplain AdministrationǤ ϐ Emergency Management Agency (FEMA) maps, the Administrator, or designee act ϐ ǡ ǣ 1.

Advise applicants that additional Federal and State permits may be required. Assure that all necessary permits have been received from those government agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; 2.

Notify adjacent property owners and the Iowa Department of Natural Resources, and other State or Federal agencies prior to any alteration or relocation of a watercourse and subsequently submit evidence of such no ϐ Ǣ 3.

Assure in writing by the owner within the altered or relocated portion of ϐ carrying capacity is not diminished; 4.

Make interpretations, where needed, as to the exact location of the bound ϐ ȋ Ǥ Ǥǡ ϐ ϐ ȌǢ 5.

Verify and record the actual elevation (relative to mean sea level) of the ϐ ȋ Ȍ improved structures.

6.

Verify and record the actual elevation (relative to mean sea level) to which ϐ Ǧ Ǥ ͹Ǥ ϐ ǡ directed to the City Council when he/she cannot issue a routine permit because of the provisions of this Code or other ordinances or regulations of the City; ͺǤ ϐ ϐ Ǧ ϐ Ǣ ͻǤ ǡ ǡ ϐ eral, State, or other sources when such data are not available from FEMA; 10.

Maintain all records pertaining to the provisions of this Code, which records shall be open for public inspection during workday hours; 11.

Determine stated elevations above mean sea level of proposed developments, including substantial improvements and, where appropriate, the elevation of the site before construction or alteration, prior to issuing a ϐ ϐ ǡ ϐ ϐ ϐ Ǥ ϐ ϐ Ǧ ϐ ǡ ϐ ǡ ϐ Ǣ 12.

Review subdivision proposals and other proposed new development to ϐ Ǥ

ϐ Ǧ prone area, any such proposal shall be reviewed to assure compliance with Chapter 20.07, Construction in Flood Hazard Areas, of the Municipal Code; 13.

Submit an annual report to the administrator of the Federal Insurance Administration concerning the City’s participation in the Flood Insurance Program including, but not limited to, the development and implementation of ϐ Ǣ 14.

Notify adjoining political jurisdictions of any public works, private development, or stream alterations within the City which may alter the hydrological characteristics of any drainage that enters that jurisdiction.

Processing Permits and Applications. The Administrator, or designee, shall: ͳǤ ǡ ϐ tions, and variances; 2.

Review application materials and verify that applications are complete; 3.

Communicate with applicants to inform them that their applications are complete or not complete; and if the applications are not complete, what items are required to complete the application; 4.

Manage the processing of applications according to Section 25.06.070, Standardized Development Approval Procedures; 5.

Process and review all applications (or cause the applications to be reviewed) and either decide applications or make a recommendation regarding how the application should be decided (depending upon the type of application); 6.

Set applications on agendas of the Planning and Zoning Commission, Historic Preservation Commission, Board of Adjustment, or the City Council, as appropriate; ͹Ǥ ϐ pliance, which shall be approved or disapproved and issued or not issued based on compliance or noncompliance with the provisions of this Code; 8.

Process and review applications to the Board of Adjustment, which shall be directed to the Board of Adjustment, including applications for variances, certain temporary use permits, conditional use permits, and appeals; 9.

Process and review applications to the Historic Preservation Commission, which shall be directed to the Historic Preservation Commission, including: A. Sign permits in the Historic 4th Street (HA-4), Historic Pearl Street (HA-P), or Historic Neighborhood or Center (HA-N) sub-districts, recommended to the Design Review Committee and Administrator; and Ǥ ϐ ǡ ǡ ǡ ϐ ǡ toric site, recommended to the Design Review Committee and Administrator; ͳͲǤ ϐ ǡ to the City Council when he/she cannot issue a routine permit because the provisions of this Code or other ordinances or regulations of the City; 11.

Provide public notice as may be required by the provisions of Subsection 25.06.070.9, Public Notice; and ͳʹǤ ǡ ǡ ϐ stance of approval granted by the City pursuant to this Code.

Recommendations. The Administrator shall provide professional recommendations regarding: 1.

Whether applications that are placed on an agenda of the Planning and Zoning Commission, Historic Preservation Commission, Board of Adjustment, and City Council comply with the requirements of the Code, and, if not, whether conditions of approval could be imposed to bring the applica ȋ ϐ ȌǤ 2.

Whether amendments to this Code or the Comprehensive Plan are advisable to, among other things: A. Bring the Comprehensive Plan or Code into conformity with state or federal requirements as they change over time; or B. Respond to changing demographics, physical conditions, technological advancements, or economic conditions; or C. Implement amendments to the Comprehensive Plan or other adopted plans of the City; or D. Resolve errors, internal inconsistencies, or other administrative matters.

3.

Whether amendments to the Comprehensive Plan or the Code that are proposed by persons or bodies outside of the City are appropriate to serve their stated purposes.

4.

Applications for the vacation or partial vacation of a street or public alley involving an easement, for encroachments by structures, or buildings constructed prior to February 27, 1989, for the purpose of clearing title; Approvals. The Administrator shall decide the types of applications set out in Section 25.06.080, Administrative Permits and Procedures.

Assignments. The Administrator is responsible for all other responsibilities as the City Council or City Manager may assign from time to time.

Recordkeeping. The Administrator shall maintain all records of development applications, including materials and outcomes. The Administrator shall maintain: 1.

Permanent and current records of this Code including all maps; amendments; conditional and limited use permits; temporary use permits; mixed use, planned and traditional neighborhoods development approvals and denials; interpretations; and decisions rendered by the Historic Preservation Commission, Planning and Zoning Commission, Board of Adjustment, ǡ ϐ and materials; ʹǤ ϐ ϐ ǡ tion, for such time as necessary to ensure continuous compliance with the provisions of this Code; and 3.

Current maps locating all applications for amendments, conditional and ǡ ϐ ǡ ǡ cating the disposition thereof.

Inspection. The Administrator, or designee, shall: 1.

Identify code violations and enforce the provisions of this Code and approvals granted hereunder pursuant to Subchapter 25.06-D, Enforcement and Remedies; 2.

Undertake such regular and continuing programs of inspection of work approved and under way and of existing structures and uses as may be feasible and proper within the limits of staff and funds available. Such inspections shall be necessary to the performance of his/her duties and shall receive from any person complaints alleging, with particularity, a violation of this Code, and when appropriate, shall cause such investigations and inspections as may be warranted by such complaints to be made; and 3.

Upon receiving notice of any violation of this Code, notify, in writing, the person responsible for such violation, indicating the nature of the violation Ǣ ϐ the discontinuance of any illegal use of land, buildings, or structures; order removal of illegal buildings, structures, additions, or alterations; order discontinuance of illegal work being done; or take any other action authorized by this Code to ensure compliance with, or appropriate recommendation to the City Attorney the institution of legal or equitable action that may be required for the enforcement of this Code.

23

drainage plans as required of a subdivider under the terms of this Code, or as otherwise required by the City.

In those instances when underground storm drainage facilities are reasonably accessible to a proposed development, the Public Works Director shall determine any special design standards required to connect an on-site drainage system to the City’s system.

3.

Determine the warrant and requirement for the submittal contents and the content of what is needed to conduct an appropriate drainage analysis of a site plan and grading plan submitted to the City as part of the requirements ϐ Ǥ b. Review and provide recommendations pertaining to the maneuvering space for refuse containers, as set out in Subsection 25.03.080.2, Refuse Containers; c. Review and approval of truck routing plans to prevent trucks from traveling on public right-of-way within or adjacent to any residential district or use or adjacent to any park or recreational area or facility, as set out in Section 25.02.190, Agricultural, Industrial, Utility, and Communication Use Standards; d. Review all applications for concrete and asphalt batching operations to make a recommendation to the Administrator regarding compliance with the standards of Section 25.02.230, Construction, Storage, and Refuse Collection Uses; e. Promulgate and maintain a manual of engineering standards, however titled, for construction of infrastructure, as set out in Subsection 25.04.060.2, Engineering Standards Manual, or as otherwise required by the City; f. Review, consider, and approve or deny all required improvements associated with the subdivision and development of land, as set out in Subsection 25.04.060.12, Required Improvements; Upgrade Agreements, or as otherwise required by the City; g. Ensure that securities for required improvements associated with the subdivision and development of land do not lapse or expire and providing advanced notice to the subdivider of such expiration, as as set out in Subsection 25.04.060.12, Required Improvements; Upgrade Agreements, or as otherwise required by the City; h. Review and make a determination as to whether a subdivider has complied with all applicable requirements of development before release of any obligation to the subdivider as set out in Subsection 25.04.060.12, Required Improvements; Upgrade Agreements, or as otherwise required by the City; i. Review, consider, and approve or disapprove, together with the Mayor, or a designee, City Manager, Administrator, and Building and Inspections Administrator, requests for waivers from the requirements of Subchapter 25.04-D, Flood Damage Prevention, or as otherwise required by the City; j. Review and make a determination as to whether additional right-of-way is required for arterial or collector streets due to unique site design requirements (e.g., vertical curve, sight distance triangles, turn lanes, median, etc.) as set out in Section 25.04.060, Subdivision and Development Design; k. Review, consider, and determine whether greater corner clearance lengths are warranted or required, as set out in Section 25.05.050, Access Management and Maintenance.

3. Inspections. ϐ ϐ Ǥ ǡ subdivider and approved by the Public Works Director, may certify in writing to the Public Works Director that such engineer has inspected each phase of the construction of the storm drainage im ϐ Ǥ If the improvement is intended to be dedicated to the City, the Public Works Director shall make a ϐ for permanent maintenance.

2.

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϯϬ͘ϴ ƵŝůĚŝŶŐ ĂŶĚ /ŶƐƉĞĐƟŽŶ ĚŵŝŶŝƐƚƌĂƚŽƌ 1. Generally. The Building and Inspection Administrator, or a designee, shall review construction plans, issue building permits, and verify code compliance for all construction in the City to the extent permitted by State law.

2. Responsibilities. For the purposes of reference, the Building and Inspection Administrator has the following duties and responsibilities with respect to the administration of this Code (this list is not intended to be exclusive or limiting). Such duties may be allocated and reallocated by the City Manager in the exercise of the responsibilities of the Building and Inspection Administrator without amendment to this Code: a. Permit Review. Review residential, commercial, industrial, mixed use, and other plan types, including plans for signs, to verify that the construction design meets the minimum code requirements and applicable City ordinances. b. Inspection. Conduct and approve all building permit inspections to ensure that construction meets all applicable building codes and other requirements (as applicable, including inspecting setbacks, foundation elevation, and fence and wall requirements set out in this Code). c. Recordkeeping. Maintain all records related to the building permit process and inspections, including materials and outcomes. d. Interpretation. Interpret the building codes and other City ordinances as they relate to building plans and permits. e. Arbitration. Arbitrate discrepancies regarding building plans, permits, and inspections. f. Approvals. Decide the following applications: 1.

Building permits; and ʹǤ ϐ Ǥ ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϯϬ͘ϵ KƚŚĞƌ ŝƚLJ KĸĐŝĂůƐ͕ ĞƉĂƌƚŵĞŶƚƐ͕ ĂŶĚ ŐĞŶĐŝĞƐ 1. Generally. In addition to the jurisdiction, authority, and duties conferred upon them by other provisions of state ǡ ϐ ǡ ǡ City shall have the following jurisdiction, authority, and duties with relation to the administration and enforcement of this Code (see Items 2. through 4., below).

2. Duties. ϐ ǡ ǡ respect to land use and development regulations in the City as shall be conferred upon it by the ǡ ǡ ϐ ǡ ǡ agency. Where such duties and responsibilities require review of plans or proposals for land use or ǡ ϐ ǡ ǡ Administrator of such requirement; of the particular provision of state law, this Code, or regulation which creates such requirement; of the particular type or category of plans or proposals which must be reviewed; of the stage in the planning, zoning, and development process where such review would be most effective, and of the estimated time that would be required for such review in the normal case.

3. Issuance of Permits. ϐ ǡ ǡ ǡ cense, or approval in violation of the terms of this Code or which could result in work or the use of buildings, structuresǡ Ǥ ϐ ǡ ǡ or agency of the City issuing permits, licenses, or approvals, the use of which may result in a violation of the provisions of this Code, shall refer the application to the Administrator for a report on conformance with said provisions. The Administrator shall promptly return such application with his/her, and if provisions of this report indicates that the use of such permit, license, or approval will result in a violation of the provisions of this Code, the license, permit, or approval shall not be issued.

4. Cooperation and Technical Assistance. ǡ ϐ ǡ ǡ and agency of the City shall cooperate fully with, and offer technical aid, advice, and expertise to the Board of Adjustment, Historic Preservation Commission, Planning and Zoning Commission, Administrator, and Building and Inspection Administrator, to the end that the goals, policies, and standards of the Comprehensive Plan and this Code may be expeditiously and effectively achieved. ^h , Wd Z Ϯϱ͘ϬϲͲ W ZD/d^ E WZK hZ ^ Sec. 25.06.040 Purpose The purpose of this Section is to set out all of the City’s development approval procedures in one place, and to standardize them to the maximum practicable degree. ^ĞĐ͘ Ϯϱ͘Ϭϲ͘ϬϱϬ ƉƉůŝĐĂƟŽŶ 1. Generally. All procedures for obtaining approval pursuant to this Code, and for appealing decisions of City staff and the Planning and Zoning Commission are set out in this Section. This Section ϐ Ǥ 2. Submittal Standards. Application submittal, including the forms and contents required for application submittal, are available at the Community Development Department.

3. Standardized Approval Procedures. Set out in Section 25.06.070, Standardized Development Approval Procedures, is the standard procedural framework for considering and deciding applications for development approval.

4. Administrative Procedures. Set out in Section 25.06.080, Administrative Permits and Procedures, is the procedural framework for the review of applications for administrative approvals. It also sets out criteria for the administrative approval of development and issuance of permits.

5. Public Meeting and Hearing Permits. Set out in Section 25.06.090, Public Meeting and Hearing Permits and Procedures, is the procedural framework for considering and deciding applications for development approval. It sets out requirements for public hearings., as well as criteria for public meeting and hearing approvals and issuance of permits.

6. Ǥ Set out in Section 25.06.090, Public Meeting and Hearing Procedures, is the requirements for seeking variances from the terms of this Code and appealing administrative decisions.

7. Ǥ Set out in Subsection 25.06.090.14, Text Amendment, is the procedures for amending the text of this Code.

8. Designation of Historic Places and Districts. Set out in Section 25.06.090.18, Designation of Historic Properties of Districts, is the process for designating a historic site or historic district for the purpose of preservation. ^ĞĐ͘ Ϯϱ͘Ϭϲ͘ϬϲϬ WĞƌŵŝƚƐ ĂŶĚ ƉƉƌŽǀĂůƐ ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϲϬ͘ϭ WĞƌŵŝƚƐ ZĞƋƵŝƌĞĚ Determinations, approvals, and permits are required for development in the City, as set out in this Section and by state and federal law. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϲϬ͘Ϯ ĚŵŝŶŝƐƚƌĂƟǀĞ WĞƌŵŝƚƐ 1. Generally. Administrative permits are those that are issued by City staff without the requirement for a public meeting or hearing.

2. Ǥ The administrative permits required by this Code are set out in c. Standards are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Code. Other development permits may be required by state or federal law, applicable building codes, or the Municipal Code.

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϯϬ͘ϳ WƵďůŝĐ tŽƌŬƐ ŝƌĞĐƚŽƌ 1. Generally. With respect to the administration of this Code, the Public Works Director, or a designee, is generally responsible for verifying that all standards and quality assurance requirements are met for public improvements, parking areas, and other infrastructure. The Public Works Director shall be appointed by the City Manager.

2. Responsibilities. For the purpose of reference, the Public Works Director has the following principal duties and responsibilities with respect to the administration of this Code (this list is not intended to be exclusive or limiting). Such duties may be allocated and reallocated by the City Manager in the exercise of the responsibilities of the Public Works Director without amendment to this Code: a. Drainage Plans.

1.

Prior to authorization of any building permit, the Public Works Director ϐ ǡ ǡ

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–Š‡ ‰‡Â?‡”ƒŽ ȋ‡Ǥ‰Ǥǥ ”‡œ‘Â?‹Â?‰ –‘ ƒŽŽ‘™ ˆ‘” –Š‡ —•‡ ‘” ‹Â?–‡Â?•‹–› Â”Â‡Â“Â—Â‡Â•Â–Â‡Â†ČŒ –‘ –Š‡ •’‡…‹Ď?‹… ȋ‡Ǥ‰Ǥǥ ƒ building permitČŒÇĄ ™‹–Š ƒ’’”‘˜ƒŽ• ‘ˆ ˜ƒ”›‹Â?‰ Ž‡˜‡Ž• ‘ˆ •’‡…‹Ď?‹…‹–› „‡–™‡‡Â? ȋ‡Ǥ‰Ǥǥ †‡˜‡Ž‘’Â?‡Â?– …‘Â?…‡’– ’ŽƒÂ?ÇĄ ’ŽƒÂ?Â?‡† †‡˜‡Ž‘’Â?‡Â?– •‹–‡ ’ŽƒÂ?ÇĄ ’”‡Ž‹Â?‹Â?ƒ”› ƒÂ?† Ď?‹Â?ƒŽ Â’ÂŽÂƒÂ–Â•ÇĄ ƒÂ?†Ȁ‘” •‹–‡ ’ŽƒÂ?Â•ČŒÇ¤ Â‘Â™Â‡Â˜Â‡Â”ÇĄ ƒÂ? applicant may request that related approvals proceed simultaneously. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎłĎŹÍ˜ĎŽ WĆŒÄžÍ˛ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ Ĺ˝ĹśÄ¨ÄžĆŒÄžĹśÄ?Äž

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎ˛ĎŹÍ˜ĎŻ WĆľÄ?ĹŻĹ?Ä? DĞĞĆ&#x;ĹśĹ? ĂŜĚ ,ÄžÄ‚ĆŒĹ?ĹśĹ? Ć‰Ć‰ĆŒĹ˝Ç€Ä‚ĹŻĆ?

1. Generally. Public meeting approvals are issued by the City after compliance with the requirement of this Code is determined at a public meeting or hearing, as set out in this Subsection. Meeting approvals requiring a public hearing are noted in Table 25.06.060.3, Public Meeting and Hearing Approvals, as applicable. A public hearing determination is issued by either the Planning and Zoning Commission or City Council during a public meeting. At a public hearing, the Planning and Zoning Commission will recommend approval, conditions of approval, or denial to the City Council. In turn, the City Council will approve, approve with conditions, or deny the application at the conclusion of a public hearing at a public meeting.

2. —„Ž‹… ‡‡–‹�‰ ’’”‘˜ƒŽ• •–ƒ„Ž‹•Š‡†Ǥ The public meeting approvals required by this Code are set out in Table 25.06.060.3, Public Meeting and Hearing Approvals. Other development permits may be required by state or federal law, applicable building codes, or the Municipal Code.

3. —„Ž‹… ‡ƒ”‹�‰ ‡‡–‹�‰• •–ƒ„Ž‹•Š‡†Ǥ The public hearing meetings required by this Code are set out in Table 25.06.060.3, Public Meeting and Hearing Approvals. Other development permits may be required by State or Federal law, applicable building codes, or the Municipal Code.

1. Generally. The purpose of a pre-application conference is to familiarize the applicant with the development review and approval processes, and application provisions of this Code that are required to permit the proposed development.

2. ’–‹‘Â?ÂƒÂŽÇĄ › ‡“—‡•–Ǥ Pre-application conferences may be requested for development types other than those of Item 3, Requirements, below. Pre-application conferences do not apply to the administrative approvals set out in Subsection 25.06.060.2, Administrative Permits.

3. Requirements. A pre-application conference is required for all applications for cluster, mixed housing, and planned neighborhoods; traditional neighborhood development, as well as applications for development in the following special or overlay districts: a. Airport Protection (AP) district; b. Casino Entertainment (CE) district; c. Historic Area (HA) district, including: 1.

Historic Fourth Street (HA-4) sub-district; 2.

Historic Pearl Street (HA-P) sub-district; and 3.

Historic Neighborhood or Center (NA-N) sub-district; and d. Public and Institutional (PI) district.

4. Meeting Materials. ƒǤ Š‡ ƒ’’Ž‹…ƒÂ?– •ŠƒŽŽ „”‹Â?‰ –‘ ȋ‘” •—„Â?‹– ’”‹‘” Â–Â‘ČŒ –Š‡ Â’Â”Â‡ÇŚÂƒÂ’Â’ÂŽÂ‹Â…ÂƒÂ–Â‹Â‘Â? …‘Â?ˆ‡”‡Â?…‡ •—ˆĎ?‹cient supporting materials to explain: 1.

The address and general location of the project; 2.

The proposed uses and building types (in general terms); 3.

The proposed arrangement of buildings, parking, access points, open spaces, and drainage facilities; 4.

The relationship to existing development; and ͡Ǥ Š‡ ’”‡•‡Â?…‡ ‘ˆ Â?ƒ–—”ƒŽ ”‡•‘—”…‡•ǥ ‘’‡Â? Â™ÂƒÂ–Â‡Â”ÇĄ Ď?Ž‘‘†’Žƒ‹Â?•ǥ ƒÂ?† Ď?Ž‘‘†™ƒ›• on the parcel(s) proposed for development. b. The Administrator may request additional information prior to or subsequent to the meeting.

5. Authority of Administrator. a. The Administrator may establish a regular schedule for conducting pre-application conferences and may provide for conducing pre-application conferences in person, by telephone, by internet-based conferencing, or another method. b. The Administrator may waive a pre-application conference if it is agreed that such conference is unnecessary to serve the purposes set out in Item 1., above. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎłĎŹÍ˜ĎŻ &Ĺ?ĹŻĹ?ĹśĹ? ŽĨ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ 1. Generally. Every application for an approval required by this Code shall be submitted on a form approved by the Administrator and shall include the corresponding application fee that is established by the City Council, as amended from time to time.

2. Applicant. Â?Ž‡•• ‘–Š‡”™‹•‡ •’‡…‹Ď?‹‡† ‹Â? –Š‹• ‘†‡ǥ ƒ’’Ž‹…ƒ–‹‘Â?• ˆ‘” ”‡˜‹‡™ ƒÂ?† ƒ’’”‘˜ƒŽ Â?ƒ› „‡ initiated by the owner of the property that is the subject of the application or the owner’s authorized ƒ‰‡Â?–Ǥ Š‡Â? ƒÂ? ƒ—–Š‘”‹œ‡† ƒ‰‡Â?– Ď?‹Ž‡• ƒÂ? ƒ’’Ž‹…ƒ–‹‘Â? —Â?†‡” –Š‹• ‘†‡ ‘Â? „‡ŠƒŽˆ ‘ˆ ƒ ’”‘’‡”–› ‘™Â?‡”ǥ the agent shall provide written documentation that the owner of the property has authorized the Ď?‹Ž‹Â?‰ ‘ˆ –Š‡ ƒ’’Ž‹…ƒ–‹‘Â?Ǥ Š‹• ”‡“—‹”‡Â?‡Â?– •ŠƒŽŽ „‡ •ƒ–‹•Ď?‹‡† —’‘Â? –Š‡ •—„Â?‹––ƒŽ ‘ˆ ƒÂ? ƒ’’Ž‹…ƒ–‹‘Â? bearing the owner’s name and signature.

3. ‹‡Â?•ǥ ÂƒÂšÂ‡Â•ÇĄ ••‡••Â?‡Â?–•ǥ ƒÂ?† ‡„–• –‘ —„Ž‹… Â?–‹–‹‡•Ǥ No application for a permit or approval will be processed for property that is the subject of outstanding liens, delinquent taxes, delin“—‡Â?– ƒ••‡••Â?‡Â?–•ǥ ‘” ƒÂ?› ‘–Š‡” †‡Ž‹Â?“—‡Â?– †‡„–•ǥ Ď?‹Â?‡•ǥ ‘” ‘„Ž‹‰ƒ–‹‘Â?• –‘ –Š‡ City, County, a school district, or other public-sector entity that provides services to the property.

4. Representation of Facts. It shall be unlawful for any person to knowingly or willfully misrepresent or fail to include any information required by this Code on any application. If development is approved upon an application that contains misrepresentations or fails to contain material facts required by the application, then the City shall place a stay or stop work order on the development or use, which shall remain in place until such time that the approval body receives the required information to its satisfaction.

5. Waiver of Submittal Requirements. The Administrator may waive certain submittal requirements in order to tailor the requirements to the information necessary to review a particular application.

6. Forms. a. The Administrator shall promulgate forms for each type of application required by this Code. „Ǥ ’’Ž‹…ƒ–‹‘Â? ˆ‘”Â?• •ŠƒŽŽ ‹Â?…Ž—†‡ –Š‡ •’‡…‹Ď?‹… ‹Â?ˆ‘”Â?ƒ–‹‘Â? –Šƒ– ‹• ”‡“—‹”‡† –‘ ’”‘…‡•• ‡ƒ…Š –›’‡ ‘ˆ ƒ’’Ž‹…ƒ–‹‘Â?Ǥ Š‡ •’‡…‹Ď?‹… ‹Â?ˆ‘”Â?ƒ–‹‘Â? ”‡“—‹”‡Â?‡Â?–• •ŠƒŽŽ „‡ ‡•–ƒ„Ž‹•Š‡† ƒÂ?† periodically revised by the Administrator, and have the purpose of facilitating: 1.

The evaluation of applications for compliance with the standards of this Code; and 2.

The administration of this Code. c. The schedule does not restrict the timing of notices of appeal.

7. Additional Requirements. The Administrator or any representative of the City, service or utility provider, or County who has authority to review and/or approve may also add requirements to the submittal when it is reasonably foreseeable that additional information will be needed to resolve questions of compliance with the requirements of this Code or other policies or plans of the City, any service or utility provider, or County that is associated with or may be affected by the project. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎłĎŹÍ˜Ď° &ĞĞĆ?

1. Generally. The City Council shall from time to time establish fees by resolution for the processing and review of the various applications that are required by this Code. The fees shall be reasonable, but shall not exceed the actual costs to review the applications. The City Council may provide ˆ‘” ƒ Ď?Žƒ– ÂˆÂ‡Â‡ÇĄ ’Ž—• ”‡“—‹”‡ –Š‡ ”‡‹Â?„—”•‡Â?‡Â?– ‘ˆ ‡š–”ƒ‘”†‹Â?ƒ”› …‘•–• –‘ –Š‡ City that are necessitated by an application, such are fees for expert technical review or advice from consultants.

2. Relationship to Application. No application shall be eligible to be determined complete until all application fees are paid in full.

3. No Refunds. Once an application has been reviewed and determined complete, pursuant to Subsection 25.06.070.5, Application Completeness Review, the fee is non-refundable. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎłĎŹÍ˜Ďą ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ ŽžƉůĞƚĞŜĞĆ?Ć? ZĞǀĹ?ÄžÇ 1. General. ‹–Š‹Â? Ď?‹˜‡ „—•‹Â?॥ †ƒ›• ƒˆ–‡” ƒÂ? ƒ’’Ž‹…ƒ–‹‘Â? ‹• •—„Â?‹––‡†ǥ –Š‡ Administrator shall review the application to verify that it is complete. Every application for development approval shall be submitted on a form approved by the Administrator; or in the case of building permits, the Building and Inspection Administrator; along with the corresponding application fee.

2. Incomplete Applications. a. Incomplete applications shall be returned to the applicant with a written explanation that describes in general terms the materials that must be submitted to complete the application. b. No application that does not include the application processing fee shall be considered complete.

3. Complete Applications. Complete applications shall be processed according to the applicable procedures of Section 25.06.060, Permits and Approvals. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎłĎŹÍ˜Ď˛ dÄžĆŒĹľĹ?ŜĂĆ&#x;ŽŜ ŽĨ /ŜĂÄ?Ć&#x;ǀĞ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ 1. Generally. Applications for development approval must be diligently pursued by the applicant.

2. š’‹”ƒ–‹‘� ‘ˆ �ƒ…–‹˜‡ ’’Ž‹…ƒ–‹‘�•Ǥ a. When an action by the applicant is required for further processing of an application (e.g., submittal of supplementary documentation), the application shall become void six months after the date that the action is requested if: 1.

The applicant fails to take action; or 2.

The applicant fails to request an extension of time pursuant to Item C, Extension of Time, below. b. When an action by the applicant is required for further processing of an application for development concept plan or planned development site plan approval, the application shall become void 30 days from receipt of the application if the application has remained dormant during that period where no activity has occurred toward the completion of the application where changes or corrections are required or where instruments or documents requested or required is not forthcoming within that period from the property owner or authorized agent. c. No refunds of application fees will be issued to applicants whose applications expire pursuant to this Subsection.

3. š–‡�•‹‘� ‘ˆ ‹�‡Ǥ The time for expiration of an application may be extended by up to six months upon written request of the applicant before the end of the period set out in Item B, Expiration of Inactive Applications, above.

4. ˆˆ‡…– ‘ˆ š’‹”ƒ–‹‘Â?Ǥ Applications that expire shall automatically become null and void, closed, and discarded without further notice or activity by the City. Any application, will be treated as a new application, subject to requirements in effect at the time of the most recent submittal, and with new fees. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎłĎŹÍ˜Ďł ^ƚĂč ZĞǀĹ?ÄžÇ Ä‚ĹśÄš ZÄžÄ¨ÄžĆŒĆŒÄ‚ĹŻ 1. Staff Review. When the Administrator determines that an application is complete, then the Administrator shall cause the application to be reviewed for technical compliance with the requirements of this Code; and a. If the application is for an administrative permit, shall approve, approve with conditions, or deny the application. b. If the application is for a public meeting or hearing approval, shall make a recommendation regarding the application and forward the recommendation to the next body that will consider it for further recommendation or approval, as set out in Division 25.06.060, Permits and Approvals.

2. Recommended Revisions. ƒǤ Š‡ †Â?‹Â?Â‹Â•Â–Â”ÂƒÂ–Â‘Â”ÇĄ ‘” ‘–Š‡” ”‡•’‘Â?•‹„Ž‡ ‘ˆĎ?Â‹Â…Â‹ÂƒÂŽÇĄ •ŠƒŽŽ ’”‘˜‹†‡ …‘Â?Â?‡Â?–• ˆ”‘Â? City staff to the applicant, who shall revise and resubmit materials with appropriate changes within the time required by Subsection 25.06.070.6, Termination of Inactive Application. b. The resubmittal shall not require an application fee unless both of the following conditions are met: 1.

The revisions are inappropriate or incomplete; and 2.

Repeated failure to address comments requires more than three rounds of revisions.

3. Meeting Logistics. a. If the application is for a public meeting or hearing approval, the Administrator shall set the application on the next available agenda of the next body that will consider the application, consistent with the legal requirements for public notice, as set out in Subsection 25.06.070.10, Public Notice. „Ǥ Š‡ †Â?‹Â?‹•–”ƒ–‘” •ŠƒŽŽ …‘‘”†‹Â?ƒ–‡ ™‹–Š †‡…‹•‹‘Â?ÇŚÂ?ƒÂ?‹Â?‰ „‘†‹‡• –‘ Ď?‹š ”‡ƒ•‘Â?ƒ„Ž‡ –‹Â?‡• for hearings. c. The Administrator shall notify the applicant regarding the time and place of a public hearing. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎłĎŹÍ˜Ď´ ĚĚĹ?Ć&#x;ŽŜĂů ZÄžÄ?ŽžžĞŜĚĂĆ&#x;ŽŜĆ?

1. Generally. The City Council, Historic Preservation Commission, Planning and Zoning Commission, or Board of Adjustment may, at their discretion, seek additional recommendations from any City department, board, commission, ad hoc committee, task force, subcommittee, group or organization, Chamber of Commerce, or others as felt necessary to make any decision or to gain insight or information related to any case or decision pending before them if within their purview to seek such evidence.

2. Disclosure. The additional recommendations shall be made a part of the record of the case and the contact and substance of the recommendation shall be disclosed before a decision on the case is made. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎłĎŹÍ˜Ďľ WĆľÄ?ĹŻĹ?Ä? EĹ˝Ć&#x;Ä?Äž 1. Generally. Public notice, if required, shall be provided in accordance with the requirements of the Subsection. The content of notices shall be according to the policies adopted by the City or as required by law.

2. Required Notice. Set out in Table 25.06.070.9, Required Notice, is the notices that are required for each type of application or procedure for which notice is required. Approvals and procedures that are not listed do not require notice unless notice is required by statue. It shall be the policy of the City to give as full and adequate notice as practicable to all interested persons and to the general public, but the good-faith failure to mail notice to any person entitled in this Subsection, except as •’‡…‹Ď?‹‡† ‹Â? Šƒ’–‡” ͜ͳ͜ǥ ‘ˆ –Š‡ ‘™ƒ ‘†‡ǥ •ŠƒŽŽ Â?‘– „‡ ‰”‘—Â?†• ˆ‘” —’•‡––‹Â?‰ ƒÂ?› ƒ…–‹‘Â? –ƒÂ?‡Â?Ǥ Č‹ ”†Ǥ S-30424, 1976) 3. Content of Notice. The notice shall include the date, time, and place of such hearing; a description of the contents of the matter to be heard; and the address or location of the property involved and to be discussed at the public hearing.

4. Setting Hearing. For all matters properly brought before the Board of Adjustment, Historic Preservation Commission, or the Planning and Zoning Commission for which a public hearing is required by this Code, the administrative body charged with conducting the public hearing shall, upon receipt of a completed application, select a reasonable time and place for such hearing; provided, however, that such time shall be not later than 60 days following the submission of the subject application, unless the applicant shall agree to some later time. (Ord. S-30424, 1976)

^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎłĎŹ ^ĆšÄ‚ĹśÄšÄ‚ĆŒÄšĹ?njĞĚ ĞǀĞůŽƉžĞŜƚ Ć‰Ć‰ĆŒĹ˝Ç€Ä‚ĹŻ WĆŒĹ˝Ä?ÄžÄšĆľĆŒÄžĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎłĎŹÍ˜Ď­ WĆŒĹ˝Ä?ÄžÄšĆľĆŒÄžĆ? Ä¨Ĺ˝ĆŒ ZĞǀĹ?ÄžÇ Ć‰Ć‰ĹŻĹ?Ä?Ä‚Ć&#x;ŽŜĆ?

1. Generally. This Subsection sets out the general process for review of applications for development or land use approval. Generally, the review process is initiated with an application pursuant to the requirements of Subsection 25.06.070.3, Filing of Application, and proceeds through each subsequent Section (which describes a sequential step of the review process) until a decision is made on the application.

2. Simultaneous Review. In some cases, more than one approval or permit must be issued in order to authorize construction or establish a use. Typically, approvals are granted sequentially from

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F03.23.15

5.Computation of Time. In computing the time periods for providing notice pursuant to this Subsection, the day of mailing, publication, or posting shall not be counted, but the day of the public hearing shall be counted.

6.. Constructive Notice. Minor defects in any notice shall not impair the notice or invalidate pro…‡‡†‹Â?‰• ’—”•—ƒÂ?– –‘ –Š‡ Â?‘–‹…‡ ‹Â? ƒ „‘Â?ƒ Ď?‹†‡ ƒ––‡Â?’– Šƒ• „‡‡Â? Â?ƒ†‡ –‘ …‘Â?’Ž› ™‹–Š ƒ’’Ž‹…ƒ„Ž‡ notice requirements. Minor defects in notice shall be limited to errors in a location map that is not substantial with respect to the general location of the property, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a public hearing shall be strictly construed. If questions arise at the public hearing regarding the ƒ†‡“—ƒ…› ‘ˆ Â?‘–‹…‡ǥ –Š‡ ĠÂ?‹Â?‹•–”ƒ–‹˜‡ „‘†› •ŠƒŽŽ †‹”‡…– ‹–› •–ƒˆˆ –‘ Â?ƒÂ?‡ ƒ ˆ‘”Â?ƒŽ Ď?‹Â?†‹Â?‰ ĥ –‘ ™Š‡–Š‡” –Š‡”‡ ™ƒ• •—„•–ƒÂ?–‹ƒŽ …‘Â?’Ž‹ƒÂ?…‡ ™‹–Š –Š‡ Â?‘–‹…‡ ”‡“—‹”‡Â?‡Â?–• ‘ˆ –Š‹• ‘†‡ǥ ƒÂ?† •—…Š Ď?‹Â?†‹Â?‰• •ŠƒŽŽ „‡ Â?ƒ†‡ ƒ˜ƒ‹Žƒ„Ž‡ –‘ –Š‡ ĠÂ?‹Â?‹•–”ƒ–‹˜‡ „‘†› ƒ– –Š‡ •ƒÂ?‡ Â?‡‡–‹Â?‰ ‘” ’”‹‘” –‘ Ď?‹Â?ƒŽ ƒ…–‹‘Â? on the request. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎłĎŹÍ˜Ď­ĎŹ WĆľÄ?ĹŻĹ?Ä? DĞĞĆ&#x;ĹśĹ?Ć? ĂŜĚ ,ÄžÄ‚ĆŒĹ?ĹśĹ?Ć?

1. Generally. All meetings of appointed Boards, Commissions, and Councils shall be open to the public except as otherwise provided by the Iowa Open Meetings Law and Public Records Law set out in Chapters 21 and 22 of the Iowa Code.

2. Joint Meetings. Any public hearing required by this Code or the laws of the State of Iowa may be held jointly with any public hearing required to be held by any other Board, Commission, or Council of the City, except the Board of Adjustment. Such joint meetings may be held after public notice as required by law.

3. Consent Agenda. The consent agenda may consist of all matters brought before the Board, City Council, or Planning and Zoning Commission for action that does not require a public hearing.

All items on the consent agenda shall be approved simultaneously by motion without comment or debate. An item may be removed from the consent agenda prior to approval at the request of any member of the Board, Planning and Zoning Commission, or City Council present at the meeting, or

by City staff. Items removed from the consent agenda shall be considered on the regular agenda.

4. Public Hearings. a. Procedures. Boards Commissions, and Councils will adopt Robert’s Rules of Order as set out in Section 2.04.030, Robert’s Rules of Order, as amended from time to time, for the conduct of public hearings. All other matters pertaining to the conduct of hearings shall be governed by the provisions of this Code pertaining to, and the rules promulgated by, the body conducting the hearing. The following general pro…‡†—”‡• •ŠƒŽŽ „‡ ”‡Ď?Ž‡…–‡† ‹Â? –Š‡ ƒ†‘’–‡† ”—Ž‡• ‘ˆ ’”‘…‡†—”‡Ǥ 1.

Any person may appear at a public hearing, submit evidence, and be heard.

2.

If a speaker represents an organization, the body conducting the hearing may request written evidence of that person’s authority to speak on behalf of the group in regard to the matter under consideration.

3.

Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent.

4.

Citizens, applicants, and the City have the right to present expert witnesses.

5.

The chairperson may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant. b. Prehearing Examination. At any time following the giving of notice as required in Subsection 25.06.070.9, Public Notice, and upon reasonable request, any person may ‡šƒÂ?‹Â?‡ –Š‡ ƒ’’Ž‹…ƒ–‹‘Â? ƒÂ?† ƒŽŽ ‘–Š‡” †‘…—Â?‡Â?–• ‘Â? Ď?‹Ž‡ ™‹–Š –Š‡ •‡…”‡–ƒ”› ‘ˆ –Š‡ body holding the hearing pertaining to the matter subject to such notice. In addition, any person shall be entitled to copies of such application and documents upon reasonable request and payment of a fee as established from time to time by the City Council to cover the cost of such copies. c. Right to Submit Written Statements. Any person may at any time prior to the commencement of a hearing hereunder, or during such hearing, or within such time as may be allowed by the hearing body following such hearing, submit written statements in support of or in opposition to the application being heard. Such statements shall be made a part of the public record of the hearing. d. Representation. Persons appearing before a Board, Planning and Zoning Commission, or City Council may appear in person or through a representative or agent. The representative or agent shall provide satisfactory proof of his or her authority upon the request of the City, Board, Planning and Zoning Commission, or City Council. e. Quorum. The number of members of a Board, Planning and Zoning Commission, or City Council that is required in order to constitute a quorum is set out in the applicable Subsections of Section 25.06.030, Bodies Established and Authorized or the Municipal Code. f. Ex Parte Communication. The hearing body and each of its members assigned to conduct a hearing or make a decision shall neither: 1.

Use nor rely upon any communication, reports, staff memorandum, or other materials prepared in connection with the particular case unless made a part of the record; nor 2.

Inspect the site by prearrangement with any party to the proceedings or his representative unless other parties known to have an interest in the matter are given an opportunity to be present. The conduct of inspections in which interested parties are involved in any way shall be noted in the record. g. Decisions.

1.

Except where this Code or State –ƒ–—‡• ’”‘˜‹†‡• ‘–Š‡”™‹•‡ǥ ‘ˆĎ?‹…‹ƒŽ ƒ…–‹‘Â? requires the favorable vote of a majority of a quorum present.

2.

The concurring vote of a majority of the members of the Board of Adjustment present and voting shall be necessary to reverse any order, requireÂ?‡Â?–•ǥ †‡…‹•‹‘Â?ÇĄ ‘” †‡–‡”Â?‹Â?ƒ–‹‘Â? ‘” ƒÂ?› ĠÂ?‹Â?‹•–”ƒ–‹˜‡ ‘ˆĎ?Â‹Â…Â‹ÂƒÂŽÇĄ …‘Â?•‹•–‡Â?– with Municipal Code.

3.

Except when voice votes are authorized, a vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. h. Time Limitation for Decisions.

1.

For zone change (rezoning) applications, if the Planning and Zoning Commission does not provide a recommendation to the City Council within 60 days after the Planning and Zoning Commission begins consideration of the matter, the Planning and Zoning Commission shall either request an exten•‹‘Â? ˆ”‘Â? –Š‡ ‹–› ‘—Â?…‹Ž ‘” Â?ƒÂ?‡ ƒ Ď?‹Â?ƒŽ ”‡’‘”– –‘ –Š‡ ‹–› ‘—Â?…‹ŽǤ ˆ Â?‘ ‡š–‡Â?•‹‘Â? ‹• ‰”ƒÂ?–‡† ‘” Â?‘ Ď?‹Â?ƒŽ ”‡’‘”– ‹• Â?ƒ†‡ ™‹–Š‹Â? –Š‡ ͸Ͳ †ƒ› ’‡”‹‘†ǥ –Š‡Â? –Š‡ ’”‘’‘•‡† ƒÂ?‡Â?†Â?‡Â?– •ŠƒŽŽ ’”‘…‡‡† –‘ –Š‡ ‹–› ‘—Â?…‹Ž ĥ ƒ Ď?‹Â?ƒŽ report with no recommendation.

2.

For preliminary plats, the Planning and Zoning Commission shall approve, approve with conditions, or disapprove the preliminary plat within 60 days after its submission. The Chairperson will have 14 calendar days after a decision has been made by the Planning and Zoning Commission to sign the plat. i. Conditions of Approval. Some procedures set out in this Code authorize the decision mak‹Â?‰ „‘†› –‘ ‹Â?’‘•‡ •—…Š …‘Â?†‹–‹‘Â?• —’‘Â? –Š‡ ’”‡Â?‹•‡• „‡Â?‡Ď?‹–‡† „› –Š‡ ƒ’’”‘˜ƒŽ ĥ may be necessary to reduce, minimize, or eliminate potential adverse impact upon other property in the area, or to carry out the general purpose and intent of the Comprehensive Plan and this Code. In such cases, any conditions attached to approvals shall be directly related to the impacts of the proposed use or development and shall be roughly proportional in both extent and amount to the anticipated impacts of the proposed use or development or shall carry out the general purpose and intent of the Comprehensive Plan and this Code. No conditions of approval, ‡š…‡’– ˆ‘” –Š‘•‡ ƒ––ƒ…Š‡† –‘ ˜ƒ”‹ƒÂ?…‡ ‘” Â?‹Â?‘” Â?‘†‹Ď?‹…ƒ–‹‘Â? ÂƒÂ’Â’Â”Â‘Â˜ÂƒÂŽÂ•ÇĄ •ŠƒŽŽ „‡ Ž‡•• restrictive than the requirements of this Code. j. Adjournment of Hearings.

1.

Rights of All Persons. Any person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided, however, that the chairman of the hearing body may exclude irrelevant, immaterial and unduly repetitious evidence.

2.

Participation of parties and proximate owners. Subject to the sound discre–‹‘Â? ‘ˆ –Š‡ Š‡ƒ”‹Â?‰ „‘†›ǥ –Š‡ ƒ’’Ž‹…ƒÂ?– ƒÂ?† ƒÂ?› ‘ˆĎ?‹…‡”ǥ †‡’ƒ”–Â?‡Â?–ǥ „‘ƒ”† ‘” commission of the city, and any property owner entitled to written notice under Subsection 25.06.070.9, Public Notice, may, in addition to the rights granted by this Item, to be allowed to participate in any one or all of the following ways: A. To present witnesses on their own behalf; B. To rebut testimony in opposition to their position; C. To examine and reproduce any documents produced at the hearing; D. To request continuances for the purpose of presenting evidence to rebut evidence introduced by any other person.

E. In withholding permission to participate in one or more of the above ways, the discretion of the hearing body shall be governed by the goal of securing all information and opinion relevant and material to its deliberation. Permission shall not be granted, however, where undue and unwarranted delay would result, or where to do so would tend to produce no new evidence to aid the hearing body in reaching its decision.

3.

Adjournment of Hearing. The body conducting the hearing may at any time ƒ†Œ‘—”Â? –Š‡ Š‡ƒ”‹Â?‰ ˆ‘” ƒ ”‡ƒ•‘Â?ƒ„Ž‡ –‹Â?‡ǥ ƒÂ?† –‘ ƒ Ď?‹š‡† Â†ÂƒÂ–Â‡ÇĄ –‹Â?‡ ƒÂ?† place, for the purpose of giving further notice, taking further evidence, gathering further information, or for such other reason as the body may Ď?‹Â?† –‘ „‡ •—ˆĎ?‹…‹‡Â?–Ǥ Š‡ •‡…”‡–ƒ”› –‘ –Š‡ Š‡ƒ”‹Â?‰ „‘†›ǥ •ŠƒŽŽ Â?‘–‹ˆ› ƒŽŽ Â?‡Â?bers of the hearing body, and any other person designated on the vote of adjournment, of the date, time and place of the adjourned hearing.

4.

Board and Commission Rules to Govern. All other matters pertaining to the conduct of hearings shall be governed by the provisions of this Code pertaining to, and the rules promulgated by, the body conducting the hearing. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎłĎŹÍ˜Ď­Ď­ ŽŜĆ&#x;ŜƾĂŜÄ?ÄžĆ? ĂŜĚ tĹ?ĆšĹšÄšĆŒÄ‚Ç Ä‚ĹŻ 1. Generally. Consideration of applications may be continued, or applications withdrawn as provided in this Subsection.

2. Continuances. a. Request or Motion to Continue. Consideration of an application may be continued upon motion of the Board of Adjustment, Planning and Zoning Commission, or City Council, or upon request of the applicant before a decision is made on the application. b. Period of Continuation. Should any item before the Board of Adjustment, Planning and Zoning Commission, or City Council be tabled in anticipation of information or events to occur prior to rendering a decision, such tabling shall be for not longer than the second meeting following the meeting at which the time was tabled. c. Decision Required.

1.

If at the conclusion of the continuation period the item under consideration remains in the same or unchanged state or condition as existed when the item was initially tabled, the item shall be removed from the table, and shall either be approved based on the available information or shall be disapproved.

2.

If the item before the Board of Adjustment, Planning and Zoning Commission, or City Council includes an established number of days within which a decision must be made, as set out in Table 25.06.060.2, Administrative Permits and Approvals or Table 25.06.060.3, Public Meeting and Hearing Approvals, the decision to approve or deny shall be made within the stated number of days, unless the applicant consents in writing to an extension of this time limit.

3. Withdrawal. Any application may be withdrawn, either in writing or on the record during the proceedings before the recommendation or decision is made. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎłĎŹÍ˜Ď­ĎŽ Ć‰Ć‰ĆŒĹ˝Ç€Ä‚ĹŻÍ– ÄŤÄžÄ?Ćš ŽĨ Ć‰Ć‰ĆŒĹ˝Ç€Ä‚ĹŻ Approval of an application shall be deemed to authorize only the particular use, plan, or other spe…‹Ď?‹… ƒ…–‹˜‹–› ˆ‘” ™Š‹…Š –Š‡ ƒ’’”‘˜ƒŽ ™ƒ• ‰”ƒÂ?–‡†Ǥ ’’”‘˜ƒŽ• •ŠƒŽŽ ”—Â? ™‹–Š –Š‡ ’ƒ”–‹…—Žƒ” ŽƒÂ?† ˆ‘” which approval is given, except that conditional use approvals may be conditioned upon operation of the use by the applicant, and text amendments to this Code are not related to particular parcels. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎłĎŹÍ˜Ď­ĎŻ ^ĆľÄ?Ä?ÄžĆ?Ć?Ĺ?ǀĞ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜĆ?

1. Generally. It is the policy of the City not to hear successive applications for a substantially similar application after an application is denied. The limitations of this Subsection prevent the consideration of successive applications.

2. ‡…‘Â?† ’’Ž‹…ƒ–‹‘Â?• ‹–Š‘—– ‡™ ”‘—Â?†• ƒ””‡†Ǥ Whenever any application, appeal or ‘–Š‡” ”‡“—‡•– Ď?‹Ž‡† ’—”•—ƒÂ?– –‘ –Š‹• –‹–Ž‡ Šƒ• „‡‡Â? Ď?‹Â?ƒŽŽ› †‡Â?‹‡† ‘Â? ‹–• Â?‡”‹–•ǥ ƒ •‡…‘Â?† ƒ’’Ž‹…ƒ–‹‘Â?ÇĄ appeal, or other requests seeking essentially the same relief, whether or not in the same form or on –Š‡ •ƒÂ?‡ –Š‡‘”›ǥ •ŠƒŽŽ Â?‘– „‡ „”‘—‰Š– —Â?Ž‡••ǥ ‹Â? –Š‡ ‘’‹Â?‹‘Â? ‘ˆ –Š‡ ‘ˆĎ?‹…‡” ‘” „‘ƒ”† „‡ˆ‘”‡ ™Š‹…Š ‹– ‹• „”‘—‰Š–ǥ •—„•–ƒÂ?–‹ƒŽ Â?‡™ ‡˜‹†‡Â?…‡ ‹• ƒ˜ƒ‹Žƒ„Ž‡ ‘” ƒ Â?‹•–ƒÂ?‡ ‘ˆ Žƒ™ ‘” ˆƒ…– •‹‰Â?‹Ď?‹…ƒÂ?–Ž› ƒˆˆ‡…–‡† –Š‡ prior denial.

3. New Grounds to be Stated. Any such second application shall include a detailed statement of grounds justifying consideration of such application.

4. Summary Denial With or Without Hearing. Such application may be denied summarily, and ™‹–Š‘—– Š‡ƒ”‹Â?‰ǥ ‘Â? ƒ Ď?‹Â?†‹Â?‰ –Šƒ– Â?‘ ‰”‘—Â?†• ƒ’’‡ƒ” ™Š‹…Š ™ƒ””ƒÂ?– ƒ Â?‡™ Š‡ƒ”‹Â?‰Ǥ Â? ƒÂ?› …ƒ•‡ where such application is set for hearing, the applicant shall be required to establish grounds warranting reconsideration of the merits of his application prior to being allowed to offer any evidence on the merits. Unless such grounds are established, the application may be summarily dismissed for such failure.

5. š…‡’–‹‘Â?Ǥ ƒǤ Â?› •—…Š •‡…‘Â?† ƒ’’Ž‹…ƒ–‹‘Â? Ď?‹Ž‡† Â?‘”‡ –ŠƒÂ? ‘Â?‡ ›‡ƒ” ƒˆ–‡” –Š‡ Ď?‹Â?ƒŽ †‡Â?‹ƒŽ ‘ˆ ƒ ’”‹‘” ƒ’plication shall be presumed to be based on new grounds and shall be heard on the Â?‡”‹–• ĥ –Š‘—‰Š Â?‘ ’”‹‘” ƒ’’Ž‹…ƒ–‹‘Â? Šƒ• „‡‡Â? Ď?‹Ž‡†Ǥ b. Final denial shall be considered the occurrence of the later of the following events: 1.

Thirty days from the date of the Board of Adjustment or City Council’s and Planning and Zoning Commission denial; or

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ʹǤ 3.

4.

SUNDAY, FEBRUARY 1, 2015

ϐ the Board of Adjustment and City Council’s denial is appealed to; or The date of any voluntary dismissal of any appeal of the Board of Adjustment and City Council’s denial; or In all other circumstances the Board of Adjustment, City Council, and Planning and Zoning Commission shall determine, in its sole discretion, the date ϐ Ǥ

^ĞĐ͘ Ϯϱ͘Ϭϲ͘ϬϴϬ ĚŵŝŶŝƐƚƌĂƟǀĞ WĞƌŵŝƚƐ ĂŶĚ WƌŽĐĞĚƵƌĞƐ ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϴϬ͘ϭ dĞŵƉŽƌĂƌLJ hƐĞ WĞƌŵŝƚƐ 1. Generally. Temporary uses are land uses of limited duration or uses involving minimal investment in structures or minimum grading and which, if discontinued, would permit rapid and inexpensive conversion of the land to another use. Temporary uses may or may not be in conformity with the Comprehensive Plan.

2. Applicability. ϐ ǡ having a contractual interest in, the subject property. This Subsection is applicable to the following administrative approvals: a. Public and commercial events with an expected peak attendance of less than 1,500 persons and where indicated as “limited” in Table 25.02.200, Temporary Uses; b. Neighborhood events; c. Construction, storage, and refuse collection facilities indicated as “limited” in Table 25.02.230, Temporary Construction, Storage, and Refuse Collection Uses; and d. Outdoor sales events indicated as “limited” in Table 25.02.200, Temporary Uses.

3. Procedure. a. Application. Applications for a temporary use permit shall be submitted to the Administrator. A nonrefundable application fee, as established from time to time by the City Council, shall accompany each application. The application shall be submitted in triplicate in a form required by the City, and shall contain such information and documentation as prescribed from time to time by the Administrator but shall in all instances contain at least the following information and documentation: 1.

The applicant’s name and address and the applicant’s interest in the subject property; 2.

The owner’s name and address, if different than the applicant, and the ǯ ϐ Ǣ 3.

The street address or common description and legal description of the property; 4.

The names and addresses of all property owners of record entitled to notice pursuant to Subsection 25.06.070.9, Public Notice; ͷǤ ϐ Ǣ 6.

The particular provisions of this Code authorizing the proposed temporary use; 7.

A general description of the proposed temporary use and a written statement addressing each of the standards set out in Item 6., Requirements, ǡ ϐ and meets each requirement; 8.

Other information or statements which may be necessary to show compliance with the standards imposed on the temporary use by the regulations of the district authorizing such temporary use; 9.

Any further information or documentation as the Administrator may deem to be necessary or appropriate to a full and proper consideration and disposition of the application. b. Administrative Approval. Applications for administrative approval of temporary use permits are processed according to the sequential steps set out in Section 25.06.070, Standardized Development Approval Procedures, and shall be referred to other departments and agencies, as applicable, and then decided by the Administrator. c. Amendment of Temporary Use Permit. Following establishment of the temporary use authorized by a temporary use permit, such temporary use permit may be amended, varied, or altered in the same manner, and subject to the same limitations, as any other regulation established by this Code. In addition, such temporary use permit may, at any time, be amended or altered pursuant to the procedures established by this Subsection for its original approval. d. Permit Issuance. Upon authorization of a temporary use permit, the Administrator shall issue the permit listing any applicable conditions. e. ϔ . Whenever any temporary use permit authorized pursuant to this Code is made subject to conditions to be met by the applicant, the applicant ǡ ǡ ϐ ϐ such compliance. The applicant shall have 90 days from the date of approval to sub ϐ Ǥ ϐ by a nonrefundable fee, as established from time to time by the City Council, to Ǥ ϐ ance with conditions within the stated timeframe will revoke the original request.

4. Approval Criteria. Temporary uses may be permitted as an allowed, limited, or conditional use as set out in Table 25.02.200, Temporary Uses, and in accordance with the applicable standards of Subchapter 25.02-E, Temporary Uses. Furthermore, a permit for a temporary use shall be granted only if evidence is presented which establishes that: a. The proposed use is an open-land type of use and shall not involve the erection of permanent buildings or other permanent improvements and is located on an undeveloped parcel or undeveloped portion of a parcel; provided, however, that permanent buildings and structures are allowed if they conform with all regulations of the district in which the proposed use is located; b. The proposed use and its placement on the land is such that it is not unsightly to the general public nor does it interfere with the enjoyment or use of neighboring properties; and c. All temporary uses and structures comply with the applicable provisions of the district in which the proposed use is located.

5. Decision. The Administrator shall approve, approve with conditions, or deny the application.

6. Ǥ The issuance of a permit for a temporary use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or ǡ ǡ ϐ ǡ ing of applications for any permits or approvals which may be required by the City, including, but not ǡ ϐ Ǥ ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϴϬ͘Ϯ ZŝŐŚƚͲŽĨͲtĂLJ ŶĐƌŽĂĐŚŵĞŶƚ 1. Generally. In districts where buildings are set at or near the property line, a permit is required for any encroachment into a public right-of-way.

2. Applicability. Within the Downtown Commercial (DC) district and the Historic 4th Street (HA4) and Historic Pearl Street (HA-P) sub-districts, encroachments into the public right-of-way are permitted subject to the standards set out in Subsection 25.03.040.1, Development Standards, as well as Section 17.28.200, Sidewalk Cafes, and Section 17.28.220, Regulations Governing the Development of Sidewalk Cafes, of the Municipal Code. a. It is the policy of the City of Sioux City that within the Downtown Commercial (DC) district and the Historic Fourth Street (HA-4) sub-district, projecting signs attached to buildings and projecting wholly or partially into the public right-of-way, but otherwise permissible under the requirements of , Design Standards; ensure compliance with all other applicable requirements of the Municipal Code; and ensure that liability to the City is minimized. b. Outdoor seating for the service of food and beverage shall be allowed subject to the issuance of a revocable outdoor sidewalk seating easement.

3. Procedure. Applications for right-of-way encroachments are processed according to the sequential steps set out in Section 25.06.070, Standardized Development Approval Procedures, and shall be referred to other departments and agencies, as applicable, and then decided by the Administrator, in coordination with the Public Works Director and Historic Preservation Commission, as applicable.

4. Approval Criteria. The criteria for approval of an encroachment permit is the standards and requirements set out in Subsection 25.03.040.1, Development Standards, as well as Section 17.28.200, Sidewalk Cafes, and Section 17.28.220, Regulations Governing the Development of Sidewalk Cafes, of the Municipal Code.

5. Decision. A right-of-way encroachment may be approved by the Administrator, in coordination with the Public Works Director, if it is demonstrated that it meets the substantive requirements of this Code. Those applications that do not meet the substantive requirements of this Code are subject to a variance, as set out in Subsection 25.06.090.24, Variance.

6. . Upon issuance of an encroachment permit, the applicant may proceed with requests for other required permits, e.g. sign, building, etc. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϴϬ͘ϯ ŽŶŝŶŐ ŽŵƉůŝĂŶĐĞ ĞƌƟĮĐĂƚĞ ;>ŝŵŝƚĞĚ ĂŶĚ ůůŽǁĞĚ hƐĞƐͿ 1. Generally. Zoning compliance is an administrative procedure in which the Administrator veriϐ development approval complies with the requirements of this Code. A ϐ building permits or other required permits.

2. Applicability. Ǥ ϐ ǡ ǡ issued by the Administrator for the following permit types: 1.

An application for development approval of a limited or permitted use, or a building or structure that is permitted without site plan approval; 2.

Accessory uses, buildings, and structures, as set out in Section 25.02.280, Permitted Accessory Uses, Buildings, and Structures; and 3.

Unlisted uses, as set out in Section 25.02.140, Uses That Are Not Listed. Ǥ ϐ ϐ istrator: 1.

No construction, reconstruction or remodeling of any structure shall be commenced which would result in the alteration of any exterior dimension of such structure, any structural alteration of such structure or any alteration in the amount of off-street parking or loading required in conjunction with such structure; 2.

No structure shall be moved; 3.

The alteration of land preliminary to any use of such land shall not be commenced; and 4.

Building or other permits pertaining to the construction, reconstruction or remodeling, as aforesaid, or moving of any structure or the use of any land ϐ ǡ ϐ ǡ ǡ ment or board of the City.

3. Procedures. Any application for a building permit which contains the information required by ϐ Ǥ ϐ shall be accompanied by a nonrefundable fee, established from time to time by the City Council to ǡ ǡ ϐ required information or document is waived by the Administrator as not relevant or necessary to determine that all provisions of this Code have been met in a particular case: a. The applicant’s name and address and his interest in the subject property; b. The owner’s name and address, if different than the applicant; c. The address or location of the subject property; Ǥ ϐ Ǣ e. A brief description of the construction, or alteration of land, requiring the issuance of a ϐ Ǣ f. Where approval is required, pursuant to Subsection, for development in proximity to an interchange, evidence that such approval has been granted shall be submitted; g. A general plot plan of the property in such form as may, from time to time, be prescribed by the Administrator; h. Such other and further information and documentation as the Administrator may deem necessary or appropriate to a full and proper consideration and disposition of the particular application, including but not limited to: ͳǤ ϐ the State that the proposed construction, reconstruction, remodeling or moving complies with all of the provisions of this Code, 2.

A plat, in duplicate, of the piece or parcel of land, lot or lots, block or blocks, or parts or portions thereof, according to the recorded plat of such land, 3.

A detailed plot plan, drawn to scale, including the following information: A. The plot plan for any proposed development, including substantial ǡ Ǧ ϐ Ǧ ϐ ϐ ment permit application to insure conformity with provisions of Subchapter 25.04-D, Floodplain Management; B. Location, size, use and dimensions of buildings, including height and stories and including total square feet of ground area coverage ϐ Ǣ C. Location, dimensions and number of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles; and total lot coverage of all parking, loading, driveway and aisle areas; 4.

Minimum yard dimensions and, where relevant, relation of yard dimensions to the height of any building or structure; 5.

Location, designation and total area of all usable open space; 6.

Location and height of fences or screen plantings to be used; 7.

The use of existing and proposed buildings, including the number of dwelling units; 8.

Any information to determine that conditions imposed upon the grant of a conditional use permit have been complied with; and 9.

Any other information that may be required by the Administrator to determine that the particular application is in compliance with all applicable performance standards, use limitations and other requirements of this Code.

4. DecisionǤ ϐ within three working days after the receipt of an application or within such further period as may be agreed to by the applicant. One copy of all plans shall be returned to the applicant by the Administrator after he/she shall has marked such copy either as approved or disapproved and attested to the same by his/her signature on such copy. The second copy of the plans, similarly marked, shall be retained by the Administrator. When the Administrator refuses to issue a zoning compliance ϐ ǡ Ȁ Ǥ 5. ϐ Ǥ ϐ ϐ this Code shall be null and void. In any case in which it is not clear whether or not a zoning compli ϐ ǡ ǡ ǡ -

Sioux ity oning C ndZ ign aode S inal C raft –

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F03.23.15

ϐ Ǥ ϐ and void nine months after the date on which it was issued unless within such period construction, reconstruction, remodeling, moving or alteration of land is commenced or a use is established.

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1. Generally. Zoning compliance is an administrative procedure in which the Administrator veriϐ conditional use approval complies with the requirements of this Code and those requirements and additional standards set out in Subsection 25.06.090.14, Conditional Use PermitǤ ϐ building permits or other required permits subsequent to the review and approval of the Board of Adjustment.

2. Applicability. ϐ lowing review and approval of the conditional use by the Board of Adjustment. The list of required conditional uses may be found in Subchapter 25.02-C, Land Uses.

3. ProcedureǤ ϐ ǡ by, and approved by the Board of Adjustment, and subsequently issued by the Administrator.

4. Approval CriteriaǤ ϐ use shall be as set out in Subsection 25.06.090.14, Conditional Use Permit.

5. Decision. ϐ justment and determination by the Administrator that the application complies with the requirements of this Code and the conditions established by the Board of Adjustment.

6. ϐ Ǥ ϐ plicant to proceed with an application for development approval and issuance of a building permit and ϐ , as applicable. One copy of all plans shall be returned to the applicant by the Administrator after marking such copy as approved or disapproved and attested to the same by signature on such copy. The second copy of the plans, similarly marked, shall be retained by the Ad Ǥ ϐ ǡ shall be advised in writing of the reasons for such refusal.

ͶͲǡͲͲͲ ϐ ϐ ǡ ǣ a. No building permit shall be issued, nor shall a zone change (map amendment) be granted for such development until the application for a building permit or zone change ϐ ϐ a detailed plan showing vehicular ingress and egress to the development site. Such plan shall show parking areas and access routes within the site for a distance of 150 feet, or a greater distance as necessary, to show facilities for handling congestion ϐ Ǥ b. The applicant ϐ ϐ ϐ ǡ ϐ ǡ ment on the interchange; provided, however, that this report may be waived by the Planning and Zoning Commission or the City Council ϐ ϐ mation is available upon which to base a decision.

3. Procedures. ʹͲ ǡ ϐ ϐ Council. Based upon this report, the City Council may attach conditions to the issuance of a building permit or, in the case of a proposed zone change (map amendment), and following a recommendation by the Planning and Zoning Commission, attach conditions to the grant of any zone change to ϐ Ǥ 4. Approval CriteriaǤ ϐ ǡ based on the proposed use and the detailed plan showing vehicular ingress and egress to the development site.

5. Decision. A decision as to the approval of a site plan in proximity to an interchange shall be ǡ ϐ trator.

6. . Upon approval of a site plan, the applicant may proceed with requests for other required approvals and permits.

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϴϬ͘ϱ DŝŶŽƌ ŚĂŶŐĞƐ ƚŽ Ă ĞǀĞůŽƉŵĞŶƚ ŽŶĐĞƉƚ WůĂŶ Žƌ WůĂŶŶĞĚ ĞǀĞůŽƉŵĞŶƚ ^ŝƚĞ WůĂŶ

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϴϬ͘ϵ ^ŝŐŶ WĞƌŵŝƚ͕ ŝŶĐůƵĚŝŶŐ ŽǁŶƚŽǁŶ ĂŶĚ ,ŝƐƚŽƌŝĐ ŝƐƚƌŝĐƚƐ

1. Generally. Subject to the provisions of this Subsection, the Administrator is authorized to ap ϐ ϐ ence to the previous approval or planned development ordinance.

2. Applicability. In making a determination, the Administrator may refer any application for ϐ Planning and Zoning Commission ϐ ǡ ϐ a major change whereby a public hearing, review and recommendation by the Planning and Zoning Commission, and approval by the City Council is required.

3. ProceduresǤ ϐ or planned development site plan are processed according to the sequential steps set out in Section 25.06.070, Standardized Development Approval Procedures, and shall be referred to other departments and agencies, as applicable, and then decided by the Administrator or Building and Inspections Administrator, as applicable.

4. Approval Criteria. a. Determination of Minor or Major Change. In reaching a determination as to whether a change is minor and may be approved by the Administrator or a major change or ϐ City Council approval, the following criteria shall be used: ͳǤ ϐ Ǥ increase in intensity of use shall be considered to be an increase in usable ϐ ǡ dwelling or lodging units, or an increase in the amount of outside land area devoted to sales, displays, or demonstrations.

2.

Any change greater than 10 percent in parking areas resulting in an increase or reduction in the number of spaces approved shall constitute a major change. ͵Ǥ ϐ ǡ ǡ ǡ location of a building, as shown on the approved plan, shall be considered a major change.

4.

Any reduction in the amount of open space or bufferyard, or any change in the location or characteristics of open space, shall constitute a major change.

5.

Any change in use from one use group to another shall constitute a major change.

6.

Any change in pedestrian or vehicular access or circulation shall constitute a major change. b. Minor ChangesǤ ϐ ǣ 1.

Development density and intensity have not materially changed, in that: A. The number of buildings is not increased by more than 10 percent.

B. The height of the building(s) is the same or less.

C. The number of units is the same or fewer.

D. The aggregate lot coverage and ϐ are the same or less. Ǥ ȋϐ Ȍ building to another or from one stage of development to another, ϐ ditions are met.

2.

Design has not materially changed, in that: A. The roadway patterns, including ingress-egress points, are in the same general location as shown on the original plans, and are no closer to the rear or interior side property lines than shown on the original plans. Ǥ ϐ Ǥ C. The building setbacks are the same or greater distance from perimeter property lines, except that the building setbacks for single-family detached development, lot line homes, townhomes, and cluster development may be decreased, provided that such decrease is limited such that the resulting setback distance will be greater of either: i.

The district regulation; or ii.

Any condition or restrictive covenant regulating the setback for which a substantial compliance determination is sought.

D. The open space is in the same general location, is the same or ǡ ϐ minish a previously intended buffering effect; E. The proposed perimeter walls and/or fences are in the same general location and of a comparable type and design as previously approved; F. Elevations and renderings of buildings have substantially similar materials and architectural expressions as those shown on the approved plans; G. Recreational facilities either remain the same or are converted from one recreational use to another; and H. Recreational facilities may be added.

3.

The proposed changes do not have the effect of creating any noncompliance or nonconformity with the strict application of the Code that were not previously approved at a public hearing, or of expanding the scope of ǡ ϐ ǡ would differ to a greater degree from the strict application of the Code. c. Adjustments During Construction. During the construction of a planned development, the Building and Inspections Administrator is authorized to grant adjustments in the location of a principal or accessory building to any position within a construction ϐ when such adjustments appear necessary in light of technical or engineering con ϐ Ǥ subject to the limitations set out in Item 5., below. d. Authorized Adjustments. Adjustments authorized for the approval of the Building and Inspections Administrator during construction are subject to the following: 1.

Parking and loading areas, access aisles, driveways, sidewalks, walkways and pathways, signs, landscaping, and fences and screening may be adjusted, as necessary, to accommodate changes in building location within the construction site envelope; 2.

Curb cuts and street intersections along public rights-of-way serving the planned development shall not be adjusted except as approved by the Ad ǡ ϐ Ǣ 3.

The plan for the treatment of the perimeter of the planned development shall not be adjusted as to type or quality of bufferyard elements; ͶǤ ϐ ǡ ǡ Ǧ Ǧ ϐ ͵Ͳ from a public right-of-way intersection except as approved by the Adminis ǡ ϐ Ǣ 5.

Surface drainage leaving the site shall not be altered except as approved by ǡ ϐ Ǥ 5. Decisions. a. The Administrator or Building and Inspections Administrator shall approve, approve with conditions, or deny the application. b. The Administrator shall refer the application to the Planning and Zoning Commission if ϐ ϐ Ǥ 6. . Upon approval of minor changes, the applicant may proceed with submission of a planned development site plan (if the approved minor changes were to the development concept plan) or requests for other required permits for site grading and construction.

1. Generally. A sign permit is required for all permitted signs as set out in Section 25.05.180, Permanent and Temporary Signs, unless otherwise exempted by Section 25.05.140, Application.

2. Applicability. a. Permit Required. A sign permit shall be required for all operations of erecting, constructing, enlarging, moving, or converting any on- or off-premise sign, except: 1.

Removal of a sign if a demolition permit has been obtained for the structure on which the sign is mounted; 2.

Changing of advertising copy or message on an approved painted and/or ϐ designed for the use of replaceable copy; and 3.

Painting, repainting, or cleaning a sign when it is performed in conjunction with normal maintenance and repair of a sign that does not involve struc ϐ Ǥ b. Exemption. In an emergency situation, work may be initiated and completed without ϐ Ǥ ǡ ʹͶ ϐ Ǥ 3. Procedures. a. Generally. Sign permits are an administrative procedure in which the Administrator Ȁ ǡ ϐ proval of a sign complies with the requirements of Subchapter 25.05-C, Signs, which may include a sign design program approved by the Planning and Zoning Commission. Sign permits may be issued simultaneously with building permits or other required permits. b. Application. Each application for a sign permit shall contain or be accompanied by the following information: 1.

The name and address of the owner of the sign and for the person entitled to possession of that portion of the premises where the sign is located or proposed to be located; 2.

Name and address of the owner of the premises where the sign is located or proposed to be located; 3.

Drawings showing the location of the sign and location and sizes of all other existing signs on the same premises; 4.

Information stating the dimensions, supports, sizes, materials, and type of the sign being proposed; 5.

Other information or documentation as the Administrator or Building and Inspections Administrator may deem necessary or appropriate to a full and proper consideration and disposition of the particular application. c. Downtown and Historic Districts. In reviewing, considering, and approving a sign permit in the DC and HA districts, including the HA-4, HA-P, and other applicable sub-districts, the application is processed according to the sequential steps set out in Subsection 25.06.070.2, Pre-Application Conference, through Subsection 25.06.070.10, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable, and then decided by the City Council upon the recommendation of the Historic Preservation Commission and Design Review Committee, as set out in Table 25.06.060.2, Administrative Permits and Approvals.

4. Approval Criteria. Set out in Section 25.05.180, Permanent and Temporary Signs, as well as Subsection 25.05.200.1, Downtown and Historic Districts, is the regulations pertaining to the types, sizes, heights, and areas of attached, freestanding, temporary, and prohibited signs in the Downtown Commercial (DC) and Historic Area (HA) districts, including the Historic Fourth Street (HA-4), Historic Pearl Street (HA-P), and other applicable sub-districts. For new or replacement signs, as well ǡ ϐ ǡ ǡ ǡ application shall be submitted for the review and consideration of the Design Review Committee and Historic Preservation Commission.

5. Decision. a. Generally. If a proposed sign meets all standards of this Code, or all standards set out in an approved sign design program for the property, as set out in Section 25.05.190, Sign Design Program, then the Administrator or Building and Inspections Administrator will issue the sign permit. b. Downtown and Historic Districts. The City Council shall approve, approve with conditions, or deny a sign permit application, upon receipt of a recommendation of the Historic Preservation Commission and Design Review Committee.

6. Ǥ a. Except for the exemption set out in Item 2, Applicability, above, work requiring a permit that is started or which proceeds prior to obtaining a sign permit, is deemed illegal and the permit fee shall be doubled. The payment of such fee shall not relieve any ǡ ϐ ǡ ties of this Code. b. Every permit issued by the Administrator or Building and Inspections Administrator shall become null and void if the construction is not commenced within, or work authorized by the permit is suspended or abandoned for a period of, 180 days from the date the permit was issued. Any time after the work is resumed, a new permit ϐ Ǧ new permit for such work, provided that no changes have been made in the original plan.

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϴϬ͘ϰ ŽŶŝŶŐ ŽŵƉůŝĂŶĐĞ ĞƌƟĮĐĂƚĞ ; ŽŶĚŝƟŽŶĂů hƐĞƐͿ

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϴϬ͘ϲ EĞŝŐŚďŽƌŚŽŽĚ ŽŶƐĞƌǀĂƟŽŶ ƵŝůĚŝŶŐ Žƌ ^ŝƚĞ /ŵƉƌŽǀĞŵĞŶƚ WůĂŶ 1. Generally. There are special standards applicable to vacant lots and for the redevelopment or expansion of existing buildings in the NC district and its sub-districts. Generally, the lot and building standards are equivalent to those that now exist or those that existed prior to the effective date of this Code.

2. Applicability. New developmentǡ ǡ ϐ shall comply with the standards set out in Table 25.03.020.3, Existing Neighborhood Lot and Building StandardsǤ ϐ standards set out in Table 25.03.020.3, Existing Neighborhood Lot and Building Standards, there are alternate standards set out in Subsection 25.03.020.4, Alternative Standards.

3. Procedure. ϐ the sequential steps set out in Section 25.06.070, Standardized Development Approval Procedures, and shall be referred to other departments and agencies, as applicable, and then decided by the Administrator.

4. Approval Criteria. ϐ ʹǤ ͵Ǥǡ above, may be approved by the Administrator if it is demonstrated that they meet the substantive requirements of this Code. Those that do not meet the substantive requirements of this Code are not subject to the variances ϐ standards of Section 25.03.020, Standards for Established Neighborhoods.

5. Decision. A decision as to the warrant for approval of the building or site improvement plan ϐ 25.03.020, Standards for Established Neighborhoods.

6. . Upon approval of a neighborhood conservation building or site improvement plan, the applicant may proceed with requests for other required permits. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϴϬ͘ϳ ĐĐĞƐƐŽƌLJ ǁĞůůŝŶŐ hŶŝƚƐ ; hƐͿ 1. Generally. An accessory dwelling unit is a dwelling unit, but not a manufactured home, that is located on the same lot as a single-family dwelling unit, which is either within the same building as the single-family dwelling unit or located above a detached garage. Accessory dwelling units are only allowed in certain zoning districts, on lots that are not less than 7,000 square feet, and are only allowed as an accessory to single-family detached dwellings.

2. Applicability. Integrated and two-story accessory dwelling units are permitted only in the districts and sub-districts set out in Table 25.02.270, Districts and ADU Types.

3. Procedure. ϐ tive procedure in which the Administrator ϐ dwelling unit complies with the requirements of this Code. Applications for accessory dwelling units are processed according to the sequential steps set out in Section 25.06.070, Standardized Development Approval Procedures, and shall be referred to other departments and agencies, as applicable, Ǥ ϐ ously with building permits or other required permits.

4. Approval Criteria. Establishment of an accessory dwelling unit shall comply with the standards set out in Section 25.02.270, Accessory Dwelling Units, particularly including the bulk and design ǡ ǡ ǡ ϐ in the SR, GR, and UR districts, as well as the NC districts.

5. DecisionǤ ϐ cessory dwelling units shall be made by the Administrator according to the standards and requirements set out in Section 25.02.270, Accessory Dwelling Units.

6. ϐ Ǥ ϐ trator within three working days after the receipt of an application or within such period as may be agreed to by the applicant. One copy of all plans shall be returned to the applicant by the Administrator after such copy is marked as approved or disapproved and attested to the same by signature of the Administrator. The second copy of the plans, similarly marked, shall be retained by the Admin Ǥ ϐ ǡ be advised in writing of the reasons for such refusal. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϴϬ͘ϴ /ŶƚĞƌĐŚĂŶŐĞ ĞǀĞůŽƉŵĞŶƚ 1. Generally. Unless properly planned, development that is in proximity to an existing or proposed grade-separated interchange of a limited access highway and other roadways may have adverse ϐ Ǥ ǡ ϐ utilization of these substantial public investments, the provisions of this Subsection are applicable to proposed development in proximity to an interchange.

2. Applicability. When any part of a proposed private development site is within a radius of 500 feet of the terminus of any access ramp leading onto or off of an interchange (existing or proposed) of a limited access street or highway, when the terminus of the ramp leads to a street from which access to private property is allowed, and when the proposed private development includes more

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϴϬ͘ϭϬ ^ŝƚĞ WůĂŶ 1. Generally. All new development, redevelopment, and substantial improvement or expansion of multiple-family, manufactured home parks, nonresidential, and mixed use development requires site plan review and approval prior to the issuance of permits that allow for land clearing, site grading, and construction.

2. Applicability. This Subsection sets out the standards, criteria, and procedures for the review of site and building design plans in accordance with the standards set out in Subchapter 25.03-C, Design Standards, particularly including: a. Section 25.03.140, Single-Family, Duplex, Twin Home, and Townhome Design Standards; b. Section 25.04.150, Manufactured Home Park Design Standards; c. Section 25.04.160, Multiple-Family Housing Design Standards; d. Section 25.04.170, Traditional Neighborhood Design (TND) Standards; e. Section 25.04.180, Nonresidential and Mixed Use Development Design Standards; and f. Section 25.04.190, Special District Design Standards.

3. Review Authority. Completed site plan applications shall be submitted to the Administrator who, together with the Design Review Committee, shall review the plans for their conformance with the standards and requirements of this Code and approve, approve with conditions, or deny the application.

4. Administrator Referral to Planning and Zoning Commission. The Administrator may refer a site plan application to the Planning and Zoning Commission for their review when: a. Discretion is required as to the appropriateness and level of conformity of the site plan with the standards of this Code and the policies and objectives of City plans; b. In the determination of the Design Review Committee the site plan does not conform to the standards and requirements of this Code; c. The applicant ϐ Subchapter 25.03-C, Design Standards; or d. The applicant appeals the recommendation of the Design Review Committee or the decision of the Administrator and requests the review and decision of the Planning and Zoning Commission.

5. Approval Criteria. The review criteria used to determine conformance with the standards of this Code shall include, but are not limited to, those that are applicable to the respective use and site or building type: a. General Conformance. A site plan must comply with the standards of this Code and shall: 1.

Be used to implement the objectives and directions of the Design Works Design Guidelines as well as the Comprehensive Plan and special area plans including, but not limited to, those for Historic Pearl Street, and the Hamilton, Geneva, Pierce, and West 7th Street Corridors in a manner that is consistent with the standards of this Code.

2.

Be designed to minimize impacts on the reasonable development expectations or the use and enjoyment of adjacent land or the public interest, consistent with the applicable standards of this Code.

3.

Not materially and adversely affect the public health or safety through interpretations of the standards of this Code that do not give full effect to other provisions that would be protective to health and safety if applied.

4.

Recognize the limits of existing and planned infrastructure, by thorough examination of the availability and capacity of water, sewer, drainage, and transportation systems to serve present and future land uses.

5.

Provide for compatibility between the proposed development, surrounding land uses (existing or planned), and the natural environment. ͸Ǥ ϐ waste removal.

7.

Protect public health and safety against natural and man-made hazards ǡ ǡ ϐ ǡ ǡ ϐ Ǥ 8.

Provide for accessibility within the proposed development and appropriate connectivity or buffering between the development and existing adjacent uses. b. Site Design Standards: 1.

Compatibility of the proposed use and building by consideration of its scale and massing in the context of adjacent, existing buildings; 2.

Number, location, width, spacing, and surfacing of driveways; 3.

Site standards set out in Subchapter 25.02-D, Conditional and Limited Uses, as applicable; 4.

Number, location, dimensions, and setbacks of the required on-site parking and loading, together with the location, number, width, spacing, alignment, ǡ ϐ ǡ ǡ cation, and maximum illumination of exterior lighting for nonresidential uses, subject to the standards of Subchapter 25.05-A, Parking and Loading, and Subchapter 25.05-D, Exterior Lighting , or as otherwise required by the City; and 5.

Type, quantity, and placement of development and bufferyard landscaping, subject to the standards of Subchapter 25.05-B, Landscaping and Buffering. c. Building Design Standards: 1.

Generally: A. Exterior wall and building trim materials; B. Building wall design and articulation to address monotony and blank walls; C. Roof type and materials, including its pitch, overhangs, eave lines, and projections; D. Building massing, including the lengths of uninterrupted wall ϐ Ǣ E. Design of large buildings to appear as multiple structures through the use of varied roof forms, building projections, vertical or horizontal offsets, or architectural details; Ǥ ϐ Ǧ Ǧϐ ϐ Ǣ G. Building projections on the front facade below the eave line, which may consist of stoops, bay windows, covered porches, extruded entrances, or pedestrian arcades; H. Heights, widths, and materials of porches and arcade columns; I. Building wall articulations, which may include, among other treatments, a porch, stoop, balcony, windows and casings, cornices, lintels, columns, pilasters, etc.

J. Details of front entrances; K. Fenestrations including the design and placement of doors and windows; L. Level of quality and architectural interest of buildings; M. Type, height, and style of building, site, and pedestrian lighting; N. Orientation of buildings and building features to the street, e.g. overhead doors; O. Location and screening treatments of ground, building, or roofmounted mechanical and utility equipment; P. Other building form and design treatments as contextually appropriate.

2.

Multiple-family units with three or more dwelling units: A. Exterior wall and building trim materials;

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Continuity and cohesiveness of the building architecture and its features and patterns with that of the adjacent buildings; Articulation of building facades and use of building elements for the purpose of creating visual interest and avoiding monotony; Roof type and materials, including its pitch, overhangs, eave lines, and projections; Sizes and locations of windows and their relative percentage of the front facade, together with their accentuations, (e.g. shutters, awnings, or decorative framing); and ǡ ϐ and their compatibility with that of the adjacent and surrounding buildings.

6. Decision. a. Upon referral of a site plan application, the Planning and Zoning Commission shall review the site plan for its conformance with the standards and requirements of this Code and its consistency with the policies and objectives of City plans, seek the professional input and recommendations of the Administrator and other applicable departments or agencies, and approve, approve with conditions, or deny the application. b. If the site and building design plans are in substantial compliance with the standards of this Code and thus, recommended by the Design Review Committee and approved by the Administrator or Planning and Zoning Commission, as applicable, the Administrator may transmit the site plan to the Building and Inspections Administrator along with any advice as to conditions which may have been attached to such site plan approval. c. In the event the site plan is deemed nonconforming and therefore, denied by the Administrator, upon the recommendation of the Design Review Committee, the owner or the agent or representative may appeal the decision, in writing, to the Planning and Zoning Commission. In the event of an appeal, the Planning and Zoning Commission shall consider and act on the appeal at its next regularly scheduled meeting. The decision of the Planning and Zoning Commission may be appealed by the owner or the agent or representative to the City Council. The decision of the City Council shall ϐ Ǥ d. If the Administrator or Planning and Zoning Commission determine that the site plan should be denied, a new application affecting the same property may be submitted only if substantial change is made in the plans, as set out in Subsection 25.06.070.13, Successive Applications.

7. . Upon approval of a site plan, the applicant may proceed with requests for other required approvals and permits. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϴϬ͘ϭϭ ƵŝůĚŝŶŐ WĞƌŵŝƚ

1. Generally. Procedures shall be according to those set out in the applicable uniform building code.

2. Applicability. No building or other structure shall be erected, moved, expanded, or structurally altered without a permit, issued by the Building and Inspections Administrator. In the same way, there shall not be any manmade change on any improved or unimproved real estate including, but ǡ ǡ ǡ ϐ ǡ ǡ ǡ ǡ a permit, issued by the Building and Inspections Administrator. No building permit shall be issued except in conformity with the provisions of this Code or after written order from the Board of Adjustment.

3. Procedures. All applications for building permits shall be accompanied by plans in duplicate, drawn to scale of not less than one-eighth inch to one foot, showing the actual dimensions and shape of the lot to be built upon; the exact size and location of the buildings already existing, if any; and the for the location of dimensions of the proposed building alteration. The application shall include such other information as lawfully may be required by the Building and Inspections Administrator including existing or proposed building or alteration; existing rental units the building is designated to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for enforcement of this Code.

4. Approval Criteria. The Building and Inspections Administrator issues building permits upon a ϐ ǡ improvements to an existing building or structure, complies with: a. Approved plans for development (e.g., site plans), or the absence of a requirement for previously approved plans, this Code (including but not limited to setbacks, building coverage, height, and design); and b. All applicable uniform building codes.

5. Decision. Decisions shall be rendered according to the procedures set out in the applicable uniform building code. One copy of the plans shall be returned to the applicant by the Building and Inspections Administrator after marking the copy as approved or disapproved and attested to same by signature on the copy. The second copy of the plans, similarly marked, shall be retained by the Building and Inspections Administrator.

6. Ǥ a. Upon approval of a building permit, the applicant may proceed with construction. b. If the work described in any building permit has not begun within 90 days from the date of issuance, the building permit shall expire and be canceled by the Building and Inspections Administrator. Written notice shall be given to the persons affected. c. If the work described in any building permit has not been substantially completed within one year of the date of issuance, the building permit shall expire and be canceled by the Building and Inspections Administrator. Written notice shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a special building permit has been obtained. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϴϬ͘ϭϮ ĞƌƟĮĐĂƚĞ ŽĨ KĐĐƵƉĂŶĐLJ 1. Generally. Procedures shall be according to the procedures set out in the applicable uniform building code.

2. Applicability. a. ϔ ǡ ǡ . The following shall ϐ Inspections Administrator stating that the proposed use of the building or land conforms to the requirements of this Code: 1.

Install permanent utilities; 2.

Change any use or occupancy requiring a greater number of off-street parking or loading spaces; 3.

Use or occupy for any purpose other than agriculture land that was vacant on August 2, 1976; 4.

Use or occupy or permit the use or occupancy of any part of any building or premises that was constructed, reconstructed, remodeled, altered, or moved after August 2, 1976; and 5.

Hereafter erect, create, change, convert, or wholly or partly alter or enlarge a use or structure. b. Exemptions. The following structures shall be exempt from this requirement: 1.

Fireplaces; 2.

Fire escapes; 3.

Accessory structures under 1,000 square feet; 4.

Fences in mixed use, nonresidential, and overlay and special districts; 5.

Loading docks; 6.

Incinerators; 7.

Vending machines; 8.

Solar energy collectors and associated heat storage; and 9.

Open decks.

3. Procedures. No permit for erection, alteration, moving, or repair of any building shall be issued until an application, in a form and containing the information required by the Building and Inspec ǡ ϐ ϐ Ǥ ϐ ϐ Ǥ 4. Approval Criteria. ϐ ǡ ǡ ǡ repaired after August 2, 1976, shall be issued unless such building or structure was erected, altered, or repaired in compliance with the provisions of this Code applicable building codes, approval con ǡ ǡ ϐ

Ǥ ϐ follows: Ǥ ϐ ǡ ǡ ǡ uses of land if after inspection it is found that such buildings, structures, or parts thereof, or such use of land, comply with provisions of this Code, the building code, approval conditions, and all other pertinent ordinances. Ǥ ϐ months where construction, reconstruction, or remodeling of a structure does not Ǥ ǡ ǡ ϐ cate be issued to allow occupancy while work is in progress, provided that all necessary precautions have, in the opinion of the Building and Inspections Administrator, been taken to ensure safety to the occupants. Ǥ ϐ for part of the building, structure, or lot prior to the occupancy of the entire building, structure, or lot, provided that such portions of the building structure, or lot are in conformity with the provisions of this Code applicable building codes, ap ǡ Ǥ ǡ ϐ of occupancy shall not be issued for single-family detached or duplex or twin home dwellings. Ǥ ϐ ing the lawful existence and use of any existing structure or use in the same manner, and subject to the same standards and limitations, as authorized by this Code with Ǥ ϐ of the facts contained in it with respect to any structure or use.

5. Decision. a. Decisions shall be rendered according to the procedures set out in the applicable uni Ǥ

ϐ cate of occupancy for cause, the Building and Inspections Administrator shall notify the applicant in writing of the refusal and the cause for the refusal within 10 days ϐ Ǥ Ǥ ϐ occupancy, and copies shall be a public record open to inspection by interested parties at reasonable times and upon reasonable notice, and shall be furnished upon the request to any person. Ǥ ϐ ǡ able under Subsection 25.06.160.3, Violations.

6. ϐ Ǥ ϐ ϐ ǯ building codes and other laws, and indicates it is in a condition suitable for occupancy. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϴϬ͘ϭϯ /ŶƚĞƌƉƌĞƚĂƟŽŶƐ 1. Generally. Subject to the procedures, standards, and limitations set out in this Subsection, the Administrator may render interpretations of any provision of this Code, or any rule or regulation issued pursuant to it, including interpretations as to whether a use that is not listed in the tables in Subchapter 25.03-C, Land Uses, is a subcategory of or substantially similar to an allowed, limited, or conditional useǤ ϐ Administrator and shall be subsequently presented to the Board of Adjustment only on appeal from the decision of the Administrator. The recourse from the decision of the Board of Adjustment shall be to the courts as provided by law.

2. Applicability. a. General Application. This Subsection applies to any request to interpret a provision of this Code. b. Public Information. It is the intent of the City Council that this Code be accessible and clear to the residents, business owners, and landowners in the City. As such, the Administrator or other staff persons will provide: 1.

General information to residents, business owners, and landowners with respect to the districts that apply to property; 2.

References to the standards that may be applied to individual uses or buildings; and 3.

Requested public records that are related to the administration and enforcement of this Code. c. Unwarranted Interpretations. It is not the intent of the City Council that the Administra ϐ ϐ a pending application. d. Fees. Within these guidelines, the Administrator is authorized to waive the application ϐ costs, and to charge an hourly research fee for broad inquiries that are likely to involve material time commitments. Such fee shall be according to a fee schedule promulgated by City Council resolution.

3. Procedure. a. Written Request for Non-Use Interpretation. Except as provided in Item 2., below, a request for interpretation of any provision of this Code shall be submitted in writing, ǡ Ǥ ϐ ǡ ϐ quest for an interpretation, and the precise interpretation claimed by the applicant to be correct. Before the rendering of any interpretation, the Administrator may require further facts and information as are, in the Administrator’s judgment, necessary to a meaningful interpretation of the provision in question. b. Application for Use Interpretation. Applications for a use interpretation shall be submitted in writing, in duplicate, to the Administrator. The application shall be in such form and contain such information as shall be prescribed from time to time by the Administrator but shall in all instances contain at least the following: 1.

The applicant’s name and address; ʹǤ

ϐ ǡ the subject property; ͵Ǥ ϐ ǡ plicable; 4.

The proposed land use; ͷǤ ϐ ally similar to the proposed land use; 6.

Documents, statements, and other evidence demonstrating the functional

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and operational characteristics of the proposed land use; and Other information or documentation as the Administrator may deem necessary or appropriate to a full and proper consideration and disposition of the particular application. c. Action by the Administrator. Within 14 days following the receipt of a completed request or application for interpretation, the Administrator shall inform the applicant in Ǥ ϐ ǡ reasons, and analysis upon which such interpretation is based. d. Criteria and Determination. The decision criteria and effect of the determination of the Administrator shall be as set out in Section 25.02.140, Uses That Are Not Listed. e. Record Keeping. The Administrator shall keep a record of all interpretations issued and shall transmit a copy of said interpretations to the Director of Community Development or another department, as applicable.

4. Approval Criteria. The interpretation shall be based on the following: a. The materials or scenario posed by the applicant; b. The plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in Webster’s Third New International Dictionary or other current and authoritative dictionaries; c. The purpose statement for the applicable Code section that is subject to interpretation; d. Any other provision of the Comprehensive Plan, Municipal Code, or state or federal law that is related to the same subject matter; e. Any technical meanings of the words used in the provision subject to interpretation; f. Other interpretations rendered by the City relating to the same or related provisions of this Code; g. The consequences of the interpretation; h. The legislative history; i. The problem or issue that is addressed by the provision subject to interpretation; and Ǥ ϐ ǡ as technical or professional literature.

5. Decision. a. ϔ Ǥ ͵Ͳ ϐ ǡ the Administrator shall make a good faith effort to interpret the provision that is the subject of the application. The Administrator shall respond to the applicant in writing, and shall keep a copy of the response in a record of interpretations. The ϐ ǡ ǡ or agencies in drafting the interpretation. b. Legal Advice. The City does not provide legal advice to applicants or property owners.

Private parties, including purchasers, lenders, title insurers, and others are advised ϐ cations of this Code. No interpretation provided by the Administrator pursuant to this Subsection shall be construed as legal advice.

6. Ǥ It is the policy of the City to evaluate applications for development approval comprehensively on their individual merits. Therefore, interpretation may be persuasive to the applicable development review bodies, but they are not binding on the City.

7.

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϴϬ͘ϭϰ DŝŶŽƌ DŽĚŝĮĐĂƟŽŶƐ 1. Generally. The Administrator may hear and review applications for and authorize minor modiϐ Item 2, Applicability, below.

2. Applicability. Pursuant to authority established in Subsection 25.06.030.6, Administrator, the Administrator ϐ tions from the requirements of this Code: a. Increase the maximum allowable height of a fence by no more than two feet, based on the standards set out in Subsection 25.03.090.3, Fences and Walls, and Subsection 25.03.100.3, Fences and Walls; b. Increase the permitted height of a building by no more than 10 percent higher than that set out in Subsection 25.03.030.3, Lot and Building Standards, and Subsection 25.03.040.1, Development Standards; c. Reduce the required minimum interior and street side setbacks for principal structures ϐ ǡ ǡ on the setback standards set out in Subsection 25.03.030.3, Lot and Building Standards (Note: See Subsection 25.03.020.4, Alternative Standards, regarding alternative setbacks in the Neighborhood Conservation Sub-Districts); d. Reduce the required minimum front and rear yard setbacks for principal structures in ϐ ǡ set out in Subsection 25.03.030.3, Lot and Building Standards (Note: See Subsection 25.03.020.4, Alternative Standards, regarding alternative setbacks in the Neighborhood Conservation Sub-Districts); e. Reduce the minimum required lot area and width requirements by no more than 10 percent, based on the lot dimensions set out in Subsection 25.03.030.3, Lot and Building Standards (Note: See Subsection 25.03.020.4, Alternative Standards, regarding alternative building coverage standards in the Neighborhood Conservation Sub-Districts); f. Increase the maximum coverage ratio of lots by no more than 10 percent, based on the coverage ratios set out in Subsection 25.03.030.3, Lot and Building Standards (Note: See Subsection 25.03.020.4, Alternative Standards, regarding alternative building coverage standards in the Neighborhood Conservation Sub-Districts); g. Reduce the minimum required front, interior and street side, and rear yard setbacks in the residential districts, without limit, as required to: 1.

Provide handicap accessible ramps to a dwelling; or 2.

Allow reconstruction of a historically accurate structure; h. Increase the maximum height of a detached garage in the residential districts to the greater of 20 feet or the height of the principal structure. i. Reduce the minimum required side and rear yard setbacks of accessory buildings and structures in the residential districts by no more than one foot, provided that the building wall closest to the property line for which relief is being sought has not Ǧ ϐ Ǥ j. Increase the aggregate area of detached accessory structures in the residential districts to the greater of 1,000 square feet or the building coverage of the principal structure. k. Permit detached accessory structures that encroach into required setbacks to be attached to the principal structure. l. Allow telecommunication towers in districts other than where they are allowed as a limited or conditional use in Table 25.02.130, Agricultural, Industrial, Utility, and Communication Uses. m. Allow telecommunication towers that are accessory to an allowed or approved conditional use to exceed the maximum height permitted in the respective district, up to a maximum height of 75 feet. n. Increase the permitted encroachment of roof overhangs into required front and street side yards by no more than two feet. o. Allow driveways to parking areas that are otherwise not allowed, provided a determination is made by the Administrator that there is no other reasonable or viable alternative to provide the required off-street parking in conformance with the standards Ǥ ϐ ǡ the property owner or applicant must establish that the property had previous access to off-street parking. The location of the access to the parking area shall comply with the standards set out in Section 25.05.050, Site Access, which shall be approved by the City Engineer.

3. Procedures. a. ApplicationǤ ϐ as shown on the records of the County Auditor. The application shall be in a form ϐ hibits to adequately illustrate the request. b. Fee. A nonrefundable application fee, as established by resolution of the City Council, ϐ Ǥ c. ϔ : A notice of the public hearing shall be mailed to the applicant and to all owners of adjacent real property, as set out in Subsection 25.06.070.9, Public Notice. d. Public Hearing. The Administrator shall conduct a public hearing in the same manner as set out in Subsection 25.06.070.10, Public Meetings and Hearings.

4. Approval CriteriaǤ ǡ ǡ ϐ ϐ following: a. General GuidelinesǤ ϐ ϐ a property owner’s use of property and better carry out the intent of this Code and the Comprehensive Plan than strict adherence to this Code. b. Obligation of ApplicantǤ ϐ establishes the existence of each of the following conditions: ͳǤ

ϐ ǡ ϐ ǣ Ǥ ϐ quested and the surrounding properties; B. Substantially increase the congestion of buildings, people, or motor vehicles; C. Endanger the public health or safety, or otherwise be materially detrimental to the welfare of nearby neighbors or the public at large; D. Unduly tax public utilities or governmental services; or E. Materially injure the enjoyment, use, development, or value of the property in the vicinity. ʹǤ ϐ ϐ without negatively impacting the neighborhood.

5. Decision. Within 10 days following the public hearing, the Administrator shall issue a written ǡ ǡ ϐ Ǥ 6. Ǥ ϐ ǡ requests for other required approvals and permits. ^ĞĐ͘ Ϯϱ͘Ϭϲ͘ϬϵϬ WƵďůŝĐ DĞĞƟŶŐ ĂŶĚ ,ĞĂƌŝŶŐ WĞƌŵŝƚƐ ĂŶĚ WƌŽĐĞĚƵƌĞƐ ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϵϬ͘ϭ ǀŝŐĂƟŽŶ WĞƌŵŝƚ 1. Generally. An avigation permit is required for the purpose of preserving the size of the area for landing, taking off, and maneuvering aircraft thereby maximizing the utility of and public investment in the airport.

2. Applicability. All projects that are within the Airport Protection (AP) district and comply with Item T, Height Limits, of Subsection 25.02.060.1, Airport Protection (AP) District, that exceed 150 feet in height require review by the Administrator, who will consult with the Airport Director to determine compliance with the provisions of Subsection 25.02.060.1, Airport Protection (AP) District, and a decision of the Airport Zoning Commission. For the purposes of this Subsection, the term project refers to any new structure or land use that is constructed or established, as well as any substantial improvement of any existing structure or land use.

3. Procedure. An application for an avigation permit shall be processed according to the sequential steps set out in Subsection 25.06.070.2, Pre-Application Conference, through Subsection 25.06.070.10, Public Meetings and Hearings. The application may be referred to other departments and agencies, as applicable, and then decided by the Airport Zoning Commission.

4. Approval Criteria. The criteria for approval of an avigation permit shall be as follows: Ǥ ϐ to be within the boundaries of the Airport Protection (AP) district and the corporate limits of the City of Sioux City; b. The Airport Director has been consulted by the Administrator and has provided techni ϐ avigation permit by the Airport Zoning Commission; c. The features of the property comply with the applicable requirements of 14 CFR § 77, for which a study may be requested by the City, as applicable, at the time of a rezoning request of upon application for development approval; d. The degree of protection of the area for landing, taking off, and maneuvering aircraft is ǡ ǡ ǡ ϐ of study, as applicable; e. The permit issuance will comply with the provisions of Item L., Required Permit, of Subsection 25.02.060.1, Airport Protection (AP) District; and 1.

The applicant has been advised that they may request a height variance from the Board of Adjustment.

5. Decision. A permit may be issued upon the review and recommendation of the Administrator, in consultation with the Airport Director, consideration of the criteria set out in Item 4, Approval Criteriaǡ ϐ Ǥ 6. . The issuance of an avigation permit shall authorize the applicant to proceed ϐ occupancy, as applicable. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϵϬ͘Ϯ ^ŝƚĞ WůĂŶ 1. Generally. All new development, redevelopment, and substantial improvement or expansion of multiple-family, manufactured home parks, nonresidential, and mixed use development requires site plan review and approval prior to the issuance of permits that allow for land clearing, site grading, and construction.

2. Applicability. This Subsection is applicable to site and building plans that are recommended to the Planning and Zoning Commission by the Administrator and/or Design Review Committee, as well as for those site and building plans that are appealed to the Planning and Zoning Commission by the applicant.

3. Procedure. Upon referral of a site plan application by the Administrator and/or Design Review Committee, or upon appeal by the applicant, the Planning and Zoning Commission shall: a. Comprehensively review the site and building plans for their conformance with the standards and requirements of this Code, particularly including: 1.

Section 25.03.140, Single-Family, Duplex, Twin Home, and Townhome Design Standards; 2.

Section 25.03.150, Manufactured Home Park Design Standards; 3.

Section 25.03.160, Multiple-Family Housing Design Standards; 4.

Section 25.03.170, Traditional Neighborhood Design (TND) Standards; 5.

Section 25.03.180, Nonresidential and Mixed Use Development Design Standards; and 6.

Section 25.03.190, Special District Design Standards. b. Consider and act on appeals of applicants at the next regularly scheduled meeting; c. Comprehensively review the site and building plans for consistency with the policies

and objectives of City plans; d. Seek the professional input and recommendations of the Administrator, Design Review Committee, and other applicable departments or agencies; and e. Approve, approve with conditions, or deny the application.

4. Approval Criteria. The criteria for approval of site plans shall include, but are not limited to, those that are applicable to the respective use and site or building type: a. Site Design Standards: 1.

Compatibility of the proposed use and building by consideration of its scale and massing in the context of adjacent, existing buildings; 2.

Number, location, width, spacing, and surfacing of driveways; 3.

Site standards set out in Subchapter 25.02-D, Conditional and Limited Uses, as applicable; 4.

Number, location, dimensions, and setbacks of the required on-site parking and loading, together with the location, number, width, spacing, alignment, ǡ ϐ ǡ ǡ cation, and maximum illumination of exterior lighting for nonresidential uses, subject to the standards of Subchapter 25.05-A, Parking and Loading, and Subchapter 25.05-D, Exterior Lighting , or as otherwise required by the City; and 5.

Type, quantity, and placement of development and bufferyard landscaping, subject to the standards of Subchapter 25.05-B, Landscaping and Buffering. b. Building Design Standards: 1.

Generally: A. Exterior wall and building trim materials; B. Building wall design and articulation to address monotony and blank walls; C. Roof type and materials, including its pitch, overhangs, eave lines, and projections; D. Building massing, including the lengths of uninterrupted wall ϐ Ǣ E. Design of large buildings to appear as multiple structures through the use of varied roof forms, building projections, vertical or horizontal offsets, or architectural details; Ǥ ϐ Ǧ Ǧϐ ϐ Ǣ G. Building projections on the front facade below the eave line, which may consist of stoops, bay windows, covered porches, extruded entrances, or pedestrian arcades; H. Heights, widths, and materials of porches and arcade columns; I. Building wall articulations, which may include, among other treatments, a porch, stoop, balcony, windows and casings, cornices, lintels, columns, pilasters, etc; J. Details of front entrances; K. Fenestrations including the design and placement of doors and windows; L. Level of quality and architectural interest of buildings; M. Type, height, and style of building, site, and pedestrian lighting; N. Orientation of buildings and building features to the street, e.g. overhead doors; O. Location and screening treatments of ground, building, or roofmounted mechanical and utility equipment; and P. Other building form and design treatments as contextually appropriate. c. Multiple-family units with three or more dwelling units: 1.

Exterior wall and building trim materials; 2.

Continuity and cohesiveness of the building architecture and its features and patterns with that of the adjacent buildings; 3.

Articulation of building facades and use of building elements for the purpose of creating visual interest and avoiding monotony; 4.

Roof type and materials, including its pitch, overhangs, eave lines, and projections; 5.

Sizes and locations of windows and their relative percentage of the front facade, together with their accentuation, (e.g. shutters, awnings, or decorative framing); and ͸Ǥ ǡ ϐ compatibility with that of the adjacent and surrounding buildings.

5. Decision. The Planning and Zoning Commission shall decide to approve, approve with conditions, or deny an application, which may be appealed by the owner or the agent or representative to the City CouncilǤ ϐ Ǥ 6. . The approval or approval with conditions of a site plan application shall ϐ cupancy, as applicable. The Administrator may transmit the approved site plan to the Building and Inspections Administrator along with any advice as to conditions which may have been attached to such site plan approval. If the Planning and Zoning Commission deny a site plan application, a new application affecting the same property may be submitted only if substantial change is made in the plans, as set out in Subsection 25.06.070.13, Successive Applications. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϵϬ͘ϯ hƌďĂŶ ZĞŶĞǁĂů /ŵƉƌŽǀĞŵĞŶƚƐ 1. Generally. The City of Sioux City has created a City-wide urban renewal district to encourage neighborhood reinvestment and new housing production, as authorized by Chapter 404, Urban Revitalization Tax Exemptions, Iowa Code. Within this district, the City is authorized to abate property ϐ Ǥ 2. Applicability. The urban renewal program is applicable to any individuals who own a singlefamily detached, single-family attached (including a duplex, twin home, or townhome), or multiplefamily dwelling for which tax breaks are available for improvements that increase the assessed ϐ Ǥ

existing homes or construction of new homes.

3. Procedures. a. Application. At the conclusion of an improvement project, or no later than December 31 ǡ ϐ the owner of the subject property with the City’s Community Development Department. The application requires an estimate of the improvement costs. b. Determination of Improvement Value. In February of each year, the City Council approves ϐ as to the value of improvements. c. Abatement. The property owner may choose from among the tax abatement schedules for the currently active renewal areas, as available from the City’s Community Development Department.

4. Approval Criteria. The criteria for receiving tax abatement is as follows: a. The improvements were started after the date of designation of the urban renewal area; b. The property improvements were completed prior to the expiration of the urban renewal area; c. The subject property is located in a designated urban renewal area; d. The application was submitted at the conclusion of the improvement project and no later than December 31 of the year in which the improvement was completed; e. The improvements conform to this Code and other ordinances and regulations of the City; and f. The improvements added taxable value to the subject property.

5. Decision. The City Council receives and forwards all applications to the City Assessor who determines the taxable value of improvements. The taxable value is subject to the abatement schedules set out in Item 3, Procedures, above.

6. . For property improvements that meet the criteria of this Subsection, the City property tax is abated for a three to 10 year term depending on the schedule chosen by the property owner. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϵϬ͘ϰ ^ŝŐŶ WĞƌŵŝƚ ŝŶ ^ƉĞĐŝĂů ƌĞĂƐ 1. Generally. A sign permit is required for all allowed signs in special areas as set out in Table 25.05.180.2.3, Attached Signs, Special and Historic Districts, and Table 25.05.180.3.1, Freestanding Signs, Special and Historic Districts. Applicable standards for the downtown, historic sub-districts, residential areas, and primary highways are set out in Section 25.05.200, Special Area Sign Standards.

2. Applicability. Sign permits in special areas are applicable for all operations of erecting, constructing, enlarging, altering, repairing, moving, improving, demolishing, maintaining, or converting Ǧ Ǧ ǡ ϐ 25.05.150, Sign Administration, Item 2, Sign Permits and Fees. In addition, a sign permit in special areas is required any time the sign area is increased, if the increase is allowed within the special area ǡ ϐ ϐ altered or if the sign is proposed to be replaced or relocated.

3. Procedure. a. Review Steps. In reviewing, considering, and approving a sign permit in the Downtown Commercial (DC) district; the Historic 4th Street (HA-4), Historic Pearl Street (HAP), or Historic Neighborhood or Center (HA-N) sub-districts; in residential areas; or along the state’s primary highways, the sign permit application is processed according to the sequential steps set out in Subsection 25.06.070.2, Pre-Application Conference, through Subsection 25.06.070.10, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable. b. Conformance Review. Applications for sign permits in special areas shall be submitted to the Administrator, or a designee, who will review the application and plans for conformance with the standards set out in Table 25.05.180.2.3, Attached Signs, Special and Historic Districts; Table 25.05.180.3.1, Freestanding Signs, Special and Historic Districts; and Section 25.05.200, Special Area Sign Standards. The Administrator will transmit the application and plans to the appropriate bodies for review, recommendation, and/or approval, as follows: 1.

Limited Approvals.

A. Signs proposed to be located in the Downtown Commercial (DC) district, in residential areas, or along primary highways shall be reviewed by the Design Review Committee and recommended to the Administrator who shall approve, approve with conditions, or deny the sign permit application.

B. Signs proposed to be located in the Historic 4th Street (HA-4), Historic Pearl Street (HA-P), or Historic Neighborhood or Center (HA-N) sub-districts shall be reviewed by the Historic Preservation Commission and recommended to the Administrator who shall approve, approve with conditions, or deny the sign permit application.

2.

Conditional Approvals.

A. Signs proposed to be located in the Downtown Commercial (DC) district, in residential areas, or along primary highways shall be reviewed by the Planning and Zoning Commission and recommended to the City Council who shall approve, approve with conditions, or deny the sign permit application.

B. Signs proposed to be located in the Historic 4th Street (HA-4), Historic Pearl Street (HA-P), or Historic Neighborhood or Center (HA-N) sub-districts shall be reviewed by the Historic Preservation Commission and recommended to the City Council who shall approve, approve with conditions, or deny the sign permit application. c. Permitting. Sign permits may be issued simultaneously with building permits or other required permits.

4. Approval Criteria. The criteria to be considered in the review, recommendation, and approval of sign permits in special areas shall be the standards set out in Table 25.05.180.2.3, Attached Signs, Special and Historic Districts; Table 25.05.180.3.1, Freestanding Signs, Special and Historic Districts; and Section 25.05.200, Special Area Sign Standards 5. DecisionǤ ϐ ǡ ǡ application in special areas shall be as follows: a. Administrator. Limited approvals for signs proposed to be located in the Downtown Commercial (DC) district; the Historic 4th Street (HA-4), Historic Pearl Street (HAP), or Historic Neighborhood or Center (HA-N) sub-districts; in residential areas; or along the state’s primary highways; and b. City Council. Conditional approvals for signs proposed to be located in the Downtown Commercial (DC) district; the Historic 4th Street (HA-4), Historic Pearl Street (HAP), or Historic Neighborhood or Center (HA-N) sub-districts; in residential areas; or along the state’s primary highways.

6. . The approval or approval with conditions of a sign permit application shall authorize the applicant to proceed with an application for a building, demolition, and/or electrical permit, as applicable. The Administrator may transmit the approved sign permit application to the Building and Inspections Administrator along with any advice as to conditions which may have been attached to such sign permit approval. If the Administrator (limited approval) or City Council (conditional approval) deny a sign permit application, a new application for the same sign and same property may be submitted only if substantial change is made in the plans, as set out in Subsection 25.06.070.13, Successive Applications. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϵϬ͘ϱ ^ŝŐŶ WĞƌŵŝƚ 1. Generally. A sign permit is required for all allowed signs as set out in Section 25.05.180, Permanent and Temporary Signs. Certain signs do not require a permit, as set out in Section 25.05.140, Application, Item 3, Signs That Do Not Require a Sign Permit.

2. Applicability. Sign permits are applicable for all operations of erecting, constructing, enlarging, altering, repairing, moving, improving, demolishing, maintaining, or converting any on-premise or Ǧ ǡ ϐ 25.05.150, Sign Administration, Item 2, Sign Permits and Fees. In addition, a sign permit is required any time the sign area is increased, if the increase is allowed within the district in which the sign is located, and if the ϐ ϐ or relocated.

3. Procedure. a. Review Steps. In reviewing, considering, and approving a sign permit, the sign permit application is processed according to the sequential steps set out in Subsection 25.06.070.2, Pre-Application Conference, through Subsection 25.06.070.8, Additional Recommendations, and may be referred to other departments and agencies. b. Conformance Review. Applications for sign permits shall be submitted to the Administrator, or a designee, who will review the application and plans for conformance with the standards set out generally in Subchapter 25.05-C, Signsǡ ϐ -

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tion 25.05.170, General Design and Maintenance Standards, and Section 25.05.180, Permanent and Temporary Signs. The Administrator will transmit the application and plans to the appropriate bodies for review, recommendation, and/or approval, as follows: 1.

Limited approvals. Signs requiring limited approval shall be reviewed by the Design Review Committee and recommended to the Administrator who shall approve, approve with conditions, or deny the sign permit application.

2.

Conditional approvals. Signs requiring conditional approval shall be reviewed by the Planning and Zoning Commission and recommended to the Administrator who shall approve, approve with conditions, or deny the sign permit application. c. Permitting. Sign permits may be issued simultaneously with building permits or other required permits.

4. Approval Criteria. The criteria to be considered in the review, recommendation, and approval of sign permits shall be the standards set out in the following: a. Table 25.05.180.2.1, Attached Signs, Agricultural and Residential Districts; b. Table 25.05.180.2.2, Attached Signs, Mixed Use and Nonresidential Districts; c. Table 25.05.180.3.1, Freestanding Signs, Agricultural and Residential Districts; and d. Table 25.05.180.3.2, Freestanding Signs, Mixed Use and Nonresidential Districts.

5. DecisionǤ Š‡ Ď?‹Â?ƒŽ †‡…‹•‹‘Â? ĥ –‘ ÂƒÂ’Â’Â”Â‘Â˜ÂƒÂŽÇĄ ƒ’’”‘˜ƒŽ ™‹–Š …‘Â?†‹–‹‘Â?•ǥ ‘” †‡Â?‹ƒŽ ‘ˆ ƒ •‹‰Â? ’‡”Â?‹– application shall be as follows: a. Administrator. Signs requiring limited approvals, as set out in Table 25.05.180.1, Sign Types by District; or b. City Council. Signs requiring conditional approvals, as set out in Table 25.05.180.1, Sign Types by District.

6. ˆˆ‡…– ‘ˆ ••—ƒÂ?…‡. The approval or approval with conditions of a sign permit application shall authorize the applicant to proceed with an application for a building, demolition, and/or electrical permit, as applicable. The Administrator shall transmit the approved sign permit application to the Building and Inspections Administrator along with any advice as to conditions which may have been attached to such sign permit approval. If the Administrator (limited approval) or City Council (conditional approval) denies a sign permit application, a new application for the same sign and same property may be submitted only if substantial change is made to the plans, as set out in Subsection 25.06.070.13, Successive Applications. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎľĎŹÍ˜Ď˛ ^Ĺ?Ĺ?Ĺś ÄžĆ?Ĺ?Ĺ?Ĺś WĆŒĹ˝Ĺ?ĆŒÄ‚Ĺľ 1. Generally. Approval of a sign design program allows prompt administrative approval of signs that are pre-approved by the Planning and Zoning Commission and in accordance with the standards, criteria, and requirements set out in Section 25.05.190, Sign Design Program.

2. Applicability. The sign design program is applicable to development, redevelopment, and substantial improvements in the locations and for certain development types set out in Subsection 25.05.190.1, Sign Design Program Alternative.

3. Procedure. a. Review Steps. In reviewing, considering, and approving a sign design program, a master sign plan is processed according to the sequential steps set out in Subsection 25.06.070.2, Pre-Application Conference, through Subsection 25.06.070.10, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable. b. Conformance Review, Master Sign Plan. Applications for a master sign plan shall be submitted to the Administrator, or a designee, who will review the application and the master sign plan for conformance with the standards and contents set out in Section 25.05.190, Sign Design Program. c. Conformance Review, Individual Signs. The Administrator shall review all sign types (e.g., attached, freestanding, temporary, etc.) for a parcel proposed for development, to determine the degree of compliance with Section 25.05.190, Sign Design Program, and shall report to the Planning and Zoning Commission with regard to the degree of deviation from these standards, if any, that is sought by the applicant. The degree of deviation sought by the applicant shall be measured against the degree of compliance with the standards of Section 25.05.190, Sign Design Program, as well as the applicable standards of Subchapter 25.05-C, Signs. d. Approval. A master sign plan shall be reviewed by the Design Review Committee and recommended to the Planning and Zoning Commission, who shall approve, approve with conditions, or deny the master sign plan. e. Permitting. Upon approval by the Planning and Zoning Commission of a master sign plan, all subsequent signs that are in conformance with the master sign plan shall not require an individual permit, but shall be subject to conformance review, as well as building, electrical, or other required permits.

4. Approval Criteria. The Planning and Zoning Commission may approve a sign design program ‹ˆ ‹– ”‡•—Ž–• ‹Â? ƒ •—„•–ƒÂ?–‹ƒŽŽ› ‹Â?Â’Â”Â‘Â˜Â‡Â†ÇĄ …‘Â?’”‡Š‡Â?Â•Â‹Â˜Â‡ÇĄ ƒÂ?† —Â?‹Ď?‹‡† ’”‘’‘•ƒŽ …‘Â?’ƒ”‡† –‘ ™Šƒ– ‹• allowed through strict compliance with the sign regulations set out in Subchapter 25.05-C, Signs.

5. Decision. ƒǤ Š‡ ŽƒÂ?Â?‹Â?‰ ƒÂ?† ‘Â?‹Â?‰ ‘Â?Â?‹••‹‘Â? •ŠƒŽŽ Šƒ˜‡ –Š‡ Ď?‹Â?ƒŽ †‡…‹•‹‘Â? ĥ –‘ –Š‡ ÂƒÂ’Â’Â”Â‘Â˜ÂƒÂŽÇĄ approval with conditions, or denial of a sign design program. Such decision may be appealed to the City Council. „Ǥ Š‡ †Â?‹Â?‹•–”ƒ–‘” •ŠƒŽŽ „‡ –Š‡ Ď?‹Â?ƒŽ †‡…‹•‹‘Â? ĥ –‘ –Š‡ †‡‰”‡‡ ‘ˆ …‘Â?’Ž‹ƒÂ?…‡ ‘” †‡˜‹ƒ–‹‘Â? from the master sign plan pertaining to the approval and permitting of individual signs.

6. ˆˆ‡…– ‘ˆ ••—ƒÂ?…‡. Upon approval of a sign design program, permitting of individual signs shall be based on compliance with the standards set out in the sign design program for the parcel proposed for development. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎľĎŹÍ˜Ďł ŽŜĚĹ?Ć&#x;ŽŜĂů hĆ?Äž WÄžĆŒĹľĹ?Ćš 1. Generally. A conditional use is a use that is allowed within a district, but which is subject to spe…‹Ď?‹… •–ƒÂ?†ƒ”†• ƒÂ?† ƒ ’—„Ž‹… Š‡ƒ”‹Â?‰ ’”‘…‡•• ‹Â? ‘”†‡” –‘ ”‡†—…‡ –Š‡ ’‘–‡Â?–‹ƒŽ ˆ‘” ‹Â?…‘Â?’ƒ–‹„‹Ž‹–› ™‹–Š other uses within or adjacent to the district. These uses commonly have the potential for various ƒ†˜‡”•‡ ‹Â?’ƒ…–• •—…Š ĥ –”ƒˆĎ?‹… …‘Â?‰‡•–‹‘Â?ÇĄ Â?‘‹•‡ǥ ˜‹•—ƒŽ ƒÂ?† ƒ‡•–Š‡–‹… ‹Â?Â’ÂƒÂ…Â–Â•ÇĄ ™Š‹…Š ‹ˆ —Â?Â?Â‹Â–Â‹Â‰ÂƒÂ–Â‡Â†ÇĄ could undermine the integrity of the district. The designation of a conditional use means that it is only allowed in a proposed location if all of the conditions applicable to the use, set out in Subchapter 25.02-D, Conditional and Limited Uses; the criteria of Item 2., below; and all of the other applicable requirements of this Code or conditions of the Board of Adjustment are met. A conditional use may or may not be appropriate in a particular location depending on the value of the public need ƒÂ?† „‡Â?‡Ď?‹– ˜‡”•—• –Š‡ ‹Â?’ƒ…–• ‘ˆ –Š‡ —•‡Ǥ 2. Applicability. The provisions of this Subsection are applicable to all uses that are designated as “conditionalâ€? in the tables set out in Subchapter 25.02-C, Land Uses.

3. Procedure. In reviewing, considering, and approving conditional uses, the application is processed according to the sequential steps set out in Subsection 25.06.070.2, Pre-Application Conference, through Subsection 25.06.070.10, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable. The review and approval procedures are as follows: a. Application.

1.

Applications for a conditional use permit shall be submitted to the Administrator. As established from time to time by the City Council, a nonrefundable application fee to help defray administrative costs of a public hearing shall accompany the application. ʹǤ Š‡ †Â?‹Â?‹•–”ƒ–‘” •ŠƒŽŽ •—„Â?‹– ƒ ”‡’‘”– ‘ˆ Ď?‹Â?†‹Â?‰• –‘ –Š‡ ‘ƒ”† ‘ˆ †Œ—•–ment together with a recommendation as to whether or not the application should be approved, approved with conditions, or denied. Such report and Ď?‹Â?†‹Â?‰• •ŠƒŽŽ „‡ •—„Â?‹––‡† –‘ –Š‡ ‘ƒ”† ‘ˆ †Œ—•–Â?‡Â?– Â?‘– Žƒ–‡” –ŠƒÂ? –Š”‡‡ working days prior to the scheduled public hearing.

3.

The application shall be submitted in triplicate in such form and shall contain such information and documentation as shall be prescribed from time to time by the Administrator but shall in all instances contain at least the following information and documentation: A. The applicant’s name, address, and interest in the subject property; B. The owner’s name and address, if different than the applicant, and –Š‡ ‘™Â?‡”ǯ• •‹‰Â?‡† …‘Â?•‡Â?– –‘ –Š‡ ƒ’’Ž‹…ƒ–‹‘Â? Ď?‹Ž‹Â?‰Ǣ C. The street address, common location, and legal description of the property; D. The names and addresses of all owners of property and contract purchasers of record entitled to notice under applicable statutes and Subsection 25.06.070.9, Public Notice, as shown in the records ‘ˆ –Š‡ ‘ˆĎ?‹…‡ ‘ˆ –Š‡ ‘—Â?–› ‡…‘”†‡”Ǣ Ǥ Š‡ œ‘Â?‹Â?‰ …Žƒ••‹Ď?‹…ƒ–‹‘Â? ƒÂ?† ’”‡•‡Â?– —•‡ ‘ˆ –Š‡ •—„Œ‡…– ’”‘’‡”–›Ǣ F. The particular provision of this Code authorizing the proposed conditional use; G. A general description of the proposed conditional use; H. A written statement addressing each of the criteria set out in Item ͜ǥ „‡Ž‘™ǥ ƒÂ?† •–ƒ–‹Â?‰ •’‡…‹Ď?‹…ƒŽŽ› Š‘™ –Š‡ ’”‘’‘•‡† …‘Â?†‹–‹‘Â?ƒŽ —•‡ relates to and meets such criteria; I. Other information or statements which may be necessary to show compliance with any additional standards imposed on the conditional use by the provisions of this Code or the conditions recommended by the Administrator or required by the Board of Adjustment; and J. Other information or documentation as the Board of Adjustment or Administrator may deem necessary or appropriate to a full and proper consideration and disposition of the particular application. b. Public Hearing. A public hearing shall be set, advertised, and conducted by the Board of Adjustment as set out in Subsection 25.06.070.10, Public Meetings and Hearings. c. Action by the Board of Adjustment.

1.

At the conclusion of the public hearing, the Board of Adjustment shall ”‡Â?†‡” ‹–• †‡…‹•‹‘Â?ÇĄ ‹Â? –Š‡ Â?ƒÂ?Â?‡” ƒÂ?† ˆ‘”Â? •’‡…‹Ď?‹‡† „› —„•‡…–‹‘Â?

25.06.030.3, Board of Adjustment, either approving, approving with conditions, or denying the conditional use application. However, if a majority of the Board of Adjustment members requests additional information, the decision may be delayed until the next regularly scheduled meeting of the Board of Adjustment. Failure of the Board of Adjustment to act within 30 days, or such period of time as may be agreed to by the applicant, shall be deemed a denial of the application.

2.

After a decision is made on the application for a conditional use permit the decision shall be sent to the City Council for review. The City Council may take no action or it may remand the decision back to the Board of Adjustment for further consideration. If the City Council remands a decision back to the Board of Adjustment for further consideration, the conditional use application shall be on the next regularly scheduled meeting of the Board of Adjustment. A conditional use permit shall be in effect on either the day following the City Council meeting at which the conditional use permit was on the City Council agenda and the City Council did not remand the decision back to the Board of Adjustment for further consideration or upon the date –Š‡ ƒ’’Ž‹…ƒ–‹‘Â? Šƒ• „‡‡Â? Ď?‹Â?ƒŽŽ› ”‡…‘Â?•‹†‡”‡† „› –Š‡ ‘ƒ”† ‘ˆ †Œ—•–Â?‡Â?–Ǥ 3.

Within seven days of any such decision or the expiration of the 30 day period, the Administrator shall mail notice of such decision or failure to act to each person entitled to such notice pursuant to Subsection 25.06.070.9, Public Notice. d. Amendment of Conditional Use Permit. Following establishment of the conditional use authorized by a conditional use permit, such conditional use permit may be amended, varied, or altered in the same manner, and subject to the same limitations, as any other regulation established by this Code. In addition, such conditional use permit may, at any time, be amended or altered pursuant to the procedures established by this Subsection for its original approval. e. Permit Issuance. Upon authorization of a conditional use permit, the Administrator shall issue the permit listing all conditions imposed by the Board of Adjustment. f. ÂˆĎ”Â‹Â†ÂƒÂ˜Â‹Â– ‘ˆ ‘Â?’Ž‹ƒÂ?…‡. Whenever any conditional use permit authorized pursuant to this Code is made subject to conditions to be met by the applicant, the applicant Â•ÂŠÂƒÂŽÂŽÇĄ —’‘Â? Â?‡‡–‹Â?‰ •—…Š …‘Â?†‹–‹‘Â?•ǥ Ď?‹Ž‡ ƒÂ? ƒˆĎ?‹†ƒ˜‹– ™‹–Š –Š‡ †Â?‹Â?‹•–”ƒ–‘” •–ƒ–‹Â?‰ such compliance. The applicant shall have nine months from the date of approval –‘ •—„Â?‹– –Š‡ ƒˆĎ?‹†ƒ˜‹– ‘ˆ …‘Â?’Ž‹ƒÂ?…‡ ™‹–Š …‘Â?†‹–‹‘Â?•Ǥ —…Š ƒˆĎ?‹†ƒ˜‹– •ŠƒŽŽ „‡ ƒ…companied by a nonrefundable fee, as established from time to time by the City ‘—Â?…‹Žǥ –‘ ˜‡”‹ˆ› –Šƒ– •—…Š …‘Â?†‹–‹‘Â?• Šƒ˜‡ „‡‡Â? Â?‡–Ǥ ƒ‹Ž—”‡ –‘ •—„Â?‹– –Š‡ ƒˆĎ?‹†ƒ˜‹– of compliance with conditions within the stated timeframe will revoke the original request.

4. Approval Criteria. The criteria to be used by the Board of Adjustment in rendering their decision shall be as follows: a. The proposed building or use: 1.

Will be in harmony with the general purpose, goals, objectives and standards of the Comprehensive Plan and this Code; 2.

Will not have a substantial, undue, or adverse effect upon adjacent prop‡”–›ǥ –Š‡ …Šƒ”ƒ…–‡” ‘ˆ –Š‡ Â?‡‹‰Š„‘”Š‘‘†ǥ –”ƒˆĎ?‹… …‘Â?†‹–‹‘Â?•ǥ ’ƒ”Â?‹Â?‰ǥ —–‹Ž‹–› facilities, and other matters affecting the public health, safety and general welfare; 3.

Will be constructed, arranged, or operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations; 4.

Will be served adequately by essential public facilities and services such ĥ ÂŠÂ‹Â‰ÂŠÂ™ÂƒÂ›Â•ÇĄ •–”‡‡–•ǥ ’ƒ”Â?‹Â?‰ Â•Â’ÂƒÂ…Â‡Â•ÇĄ ’‘Ž‹…‡ ƒÂ?† Ď?‹”‡ ’”‘–‡…–‹‘Â?ÇĄ †”ƒ‹Â?ƒ‰‡ structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services; 5.

Will not result in the destruction, loss, or damage of any natural, scenic, or Š‹•–‘”‹… ˆ‡ƒ–—”‡ ‘ˆ •‹‰Â?‹Ď?‹…ƒÂ?– ‹Â?’‘”–ƒÂ?…‡Ǣ 6.

Complies with all additional standards imposed on it by the provisions of the district in which such conditional use may be authorized. b. In determining whether the evidence establishes that the foregoing standards have been met, the Board of Adjustment shall consider: 1.

Whether, and to what extent, the proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience or which will contribute to the general welfare of the neighborhood or community; and 2.

Whether, and to what extent, all steps possible have been taken to minimize any adverse effects of the proposed building or use on the immediate vicinity through building design, site design, landscaping and screening.

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5. DecisionǤ Š‡ Ď?‹Â?ƒŽ †‡…‹•‹‘Â? ĥ –‘ ÂƒÂ’Â’Â”Â‘Â˜ÂƒÂŽÇĄ ƒ’’”‘˜ƒŽ ™‹–Š …‘Â?†‹–‹‘Â?•ǥ ‘” †‡Â?‹ƒŽ ‘ˆ ƒ …‘Â?†‹–‹‘Â?ƒŽ use application lies with the Board of Adjustment. Such decision may be appealed to District Court.

6. ˆˆ‡…– ‘ˆ ••—ƒÂ?…‡. The issuance of a conditional use permit shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or mov‹Â?‰ ‘ˆ ƒÂ?› „—‹Ž†‹Â?‰ ‘” •–”—…–—”‡ǥ „—– •ŠƒŽŽ Â?‡”‡Ž› ƒ—–Š‘”‹œ‡ –Š‡ ’”‡’ƒ”ƒ–‹‘Â?ÇĄ Ď?‹Ž‹Â?‰ǥ ƒÂ?† ’”‘…‡••‹Â?‰ of an application for any permits or approvals which may be required by the City, including, but not Ž‹Â?‹–‡† –‘ǥ ƒ „—‹Ž†‹Â?‰ ’‡”Â?‹–ǥ …‡”–‹Ď?‹…ƒ–‡ ‘ˆ ‘……—’ƒÂ?…›ǥ ƒÂ?† •—„†‹˜‹•‹‘Â? ƒ’’”‘˜ƒŽǤ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎľĎŹÍ˜Ď´ dÄžĹľĆ‰Ĺ˝ĆŒÄ‚ĆŒÇ‡ hĆ?Äž WÄžĆŒĹľĹ?Ćš 1. Generally. Temporary uses are land uses of limited duration or uses involving minimal investment in structures or minimum grading and which, if discontinued, would permit rapid and inexpensive conversion of the land to another use. Temporary uses may or may not be in conformity with the Comprehensive Plan.

2. Applicability. An application for temporary use permit for a public or commercial event or a …‘Â?•–”—…–‹‘Â?ÇĄ Â•Â–Â‘Â”ÂƒÂ‰Â‡ÇĄ ƒÂ?† ”‡ˆ—•‡ …‘ŽŽ‡…–‹‘Â? —•‡ Â?ƒ› „‡ Ď?‹Ž‡† „› –Š‡ ‘™Â?‡”ǥ ‘” ‘–Š‡” ’‡”•‘Â? Šƒ˜‹Â?‰ a contractual interest in, the subject property. This Subsection is applicable to the following public hearing approvals: a. Public and commercial events with an expected peak attendance of more than 1,500 persons and where indicated as “conditionalâ€? in Table 25.02.200, Temporary Uses; and b. Construction, storage, and refuse collection facilities indicated as “conditionalâ€? in Table 25.02.230, Temporary Construction, Storage, and Refuse Collection Uses.

3. Procedure. In reviewing, considering, and approving temporary uses, the application is processed according to the sequential steps set out in Subsection 25.06.070.2, Pre-Application Conference, through Subsection 25.06.070.10, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable. The review and approval procedures are as follows: a. Application. Applications for a temporary use permit shall be submitted to the Administrator. A nonrefundable application fee, as established from time to time by the City Council, shall accompany each application. The application shall be submitted in triplicate in a form required by the City, and shall contain such information and documentation as prescribed from time to time by the Administrator but shall in all instances contain at least the following information and documentation: 1.

The applicant’s name and address and the applicant’s interest in the subject property; 2.

The owner’s name and address, if different than the applicant, and the ‘™Â?‡”ǯ• •‹‰Â?‡† …‘Â?•‡Â?– –‘ –Š‡ Ď?‹Ž‹Â?‰ ‘ˆ –Š‡ ƒ’’Ž‹…ƒ–‹‘Â?Ǣ 3.

The street address, common location, and legal description of the property; 4.

The names and addresses of all property owners of record entitled to notice pursuant to Subsection 25.06.070.9, Public Notice; ͡Ǥ Š‡ œ‘Â?‹Â?‰ …Žƒ••‹Ď?‹…ƒ–‹‘Â? ƒÂ?† ’”‡•‡Â?– —•‡ ‘ˆ –Š‡ ’”‘’‡”–›Ǣ 6.

The particular provisions of this Code authorizing the proposed temporary use; 7.

A general description of the proposed temporary use and a written statement addressing each of the criteria set out in Item 4., Approval Criteria, „‡Ž‘™ǥ ƒÂ?† •–ƒ–‹Â?‰ •’‡…‹Ď?‹…ƒŽŽ› Š‘™ –Š‡ ’”‘’‘•‡† –‡Â?’‘”ƒ”› —•‡ ”‡Žƒ–‡• –‘ and meets each criteria; 8.

Other information or statements which may be necessary to show compliance with the standards imposed on the temporary use by the regulations of the district authorizing such temporary use; and 9.

Any further information or documentation as the Administrator may deem necessary or appropriate to a full and proper consideration and disposition of the application. b. Public Hearing. A public hearing shall be set, advertised, and conducted by the Board of Adjustment as set out in Subsection 25.06.070.10, Public Meetings and Hearings. c. Action by the Board of Adjustment.

1.

At the conclusion of the public hearing, the Board of Adjustment shall ”‡Â?†‡” ‹–• †‡…‹•‹‘Â?ÇĄ ‹Â? –Š‡ Â?ƒÂ?Â?‡” ƒÂ?† ˆ‘”Â? •’‡…‹Ď?‹‡† „› —„•‡…–‹‘Â?

25.06.030.3, Board of Adjustment, either approving, approving with conditions, or denying the temporary use application. However, if a majority of the Board of Adjustment members requests additional information, the decision may be delayed until the next regularly scheduled meeting of the Board of Adjustment. Failure of the Board of Adjustment to act within 30 days, or such period of time as may be agreed to by the applicant, shall be deemed a denial of the application.

2.

Within seven days of any such decision or the expiration of the 30 day period, the Administrator shall mail notice of such decision or failure to act to each person entitled to such notice pursuant to Subsection 25.06.070.9, Public Notice. d. Amendment of Temporary Use Permit. Following establishment of the temporary use authorized by a temporary use permit, such temporary use permit may be amended, varied, or altered in the same manner, and subject to the same limitations, as any other regulation established by this Code. In addition, such temporary use permit may, at any time, be amended or altered pursuant to the procedures established by this Subsection for its original approval. e. Permit Issuance. Upon authorization of a temporary use permit, the Administrator shall issue the permit listing all conditions imposed by the Board of Adjustment. f. ÂˆĎ”Â‹Â†ÂƒÂ˜Â‹Â– ‘ˆ ‘Â?’Ž‹ƒÂ?…‡. Whenever any temporary use permit authorized pursuant to this Code is made subject to conditions to be met by the applicant, the applicant Â•ÂŠÂƒÂŽÂŽÇĄ —’‘Â? Â?‡‡–‹Â?‰ •—…Š …‘Â?†‹–‹‘Â?•ǥ Ď?‹Ž‡ ƒÂ? ƒˆĎ?‹†ƒ˜‹– ™‹–Š –Š‡ †Â?‹Â?‹•–”ƒ–‘” •–ƒ–‹Â?‰ such compliance. The applicant shall have 90 days from the date of approval to subÂ?‹– –Š‡ ƒˆĎ?‹†ƒ˜‹– ‘ˆ …‘Â?’Ž‹ƒÂ?…‡ ™‹–Š …‘Â?†‹–‹‘Â?•Ǥ —…Š ƒˆĎ?‹†ƒ˜‹– •ŠƒŽŽ „‡ ƒ……‘Â?’ƒÂ?‹‡† by a nonrefundable fee, as established from time to time by the City Council, to ˜‡”‹ˆ› –Šƒ– •—…Š …‘Â?†‹–‹‘Â?• Šƒ˜‡ „‡‡Â? Â?‡–Ǥ ƒ‹Ž—”‡ –‘ •—„Â?‹– –Š‡ ƒˆĎ?‹†ƒ˜‹– ‘ˆ …‘Â?’Ž‹ance with conditions within the stated timeframe will revoke the original request.

4. Approval Criteria. Temporary use permits may be approved if it is demonstrated that they Â?‡‡– –Š‡ ƒ’’Ž‹…ƒ„Ž‡ •—„•–ƒÂ?–‹˜‡ ”‡“—‹”‡Â?‡Â?–• ‘ˆ –Š‹• ‘†‡ǥ ’ƒ”–‹…—Žƒ”Ž› –Š‘•‡ •’‡…‹Ď?‹‡† ˆ‘” –Š‡ ’”‘posed temporary use in Subchapter 25.02-E, Temporary Uses. Furthermore, a permit for a temporary use shall be granted only if evidence is presented which establishes that: a. The proposed use is an open-land type of use and shall not involve the erection of permanent buildings or other permanent improvements and is located on an undeveloped parcel or undeveloped portion of a parcel; provided, however, that permanent buildings and structures are allowed if they conform with all regulations of the district in which the proposed use is located; b. The proposed use and its placement on the land is such that it is not unsightly to the general public nor does it interfere with the enjoyment or use of neighboring properties; and c. All temporary uses and structures comply with the applicable provisions of the district in which the proposed use is located.

5. Decision. The Board of Adjustment shall approve, approve with conditions, or deny the application.

6. ˆˆ‡…– ‘ˆ ••—ƒÂ?…‡Ǥ The issuance of a permit for a temporary use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or Â?‘˜‹Â?‰ ‘ˆ ƒÂ?› „—‹Ž†‹Â?‰ ‘” •–”—…–—”‡ǥ „—– •ŠƒŽŽ Â?‡”‡Ž› ƒ—–Š‘”‹œ‡ –Š‡ ’”‡’ƒ”ƒ–‹‘Â?ÇĄ Ď?‹Ž‹Â?‰ǥ ƒÂ?† ’”‘…‡••ing of applications for any permits or approvals which may be required by the City, including, but not Ž‹Â?‹–‡† –‘ǥ ƒ „—‹Ž†‹Â?‰ ’‡”Â?‹– ƒÂ?† ƒ …‡”–‹Ď?‹…ƒ–‡ ‘ˆ ‘……—’ƒÂ?…›Ǥ ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎľĎŹÍ˜Ďľ Ĺ˝ĹľĆ‰ĆŒÄžĹšÄžĹśĆ?Ĺ?ǀĞ WĹŻÄ‚Ĺś 1. Generally. a. ‡ϔ‹Â?‡†. The Comprehensive Plan, which may also be referred to as the General Plan, •ŠƒŽŽ „‡ †‡Ď?‹Â?‡† ĥ –Š‡ ‡Â?–‹”‡ ‘Â?’”‡Š‡Â?•‹˜‡ ŽƒÂ?ÇĄ ƒÂ?› ’ƒ”– ‘ˆ –Š‡ ‘Â?’”‡Š‡Â?•‹˜‡ Plan, or any plan or policies subsidiary, related to, or a part thereof, adopted by resolution of the City Council, together with such amendments as may be adopted from time to time. Upon adoption, the Comprehensive Plan shall be considered an ‘ˆĎ?‹…‹ƒŽ •–ƒ–‡Â?‡Â?– ‘ˆ –Š‡ ’‘Ž‹…› ‘ˆ ‹‘—š ‹–› ™‹–Š ”‡•’‡…– –‘ –Š‡ǣ 1.

Existing and developing character of various areas of the City; 2.

Proper objectives, standards, and direction for future maintenance, growth, and development of the City; 3.

Means to be employed to protect existing character or development and to encourage future development that will be in the best interests of the City; and 4.

Actions and programs to be undertaken by the City with respect to its future maintenance and development. b. Contents. In accordance with Iowa Code, Chapter 18B, Land Use - Smart Planning, the City shall consider the smart planning principles under Iowa Code, Section 18B.1, Iowa Smart Planning Principles, and may include the information set out in state law.

2. Applicability. As set out in Iowa Code, Section 414.3, Basis of Regulations, the zoning regulations of the City shall be made in accordance with a comprehensive plan. This Subsection is applicable to the City’s Comprehensive Plan, adopted August 30, 2005.

3. Procedure. a. Plan Development. The Planning Commission shall exercise the powers and duties delegated to it by Subsection 25.06.030.2, Planning Commission, in the continuing development and revision of the Comprehensive Plan. The process of plan development is not readily adaptable to rigid procedures, but the Planning Commission, in developing a plan, shall make all reasonable efforts to obtain the views, comments, and input of interested departments, agencies, organizations, groups, businesses, and residents of the City. b. Public Hearing. The Planning Commission, prior to making any recommendation for the adoption or amendment of a plan, or part thereof, to the City Council, shall set, advertise and conduct a public hearing in accordance with the provisions set out in Subsection 25.06.070.10, Public Meetings and Hearings. c. RecommendationǤ Š‡Â? •ƒ–‹•Ď?‹‡† –Šƒ– ƒ ’ŽƒÂ?ÇĄ ‘” ’ƒ”– Â–ÂŠÂ‡Â”Â‡Â‘ÂˆÇĄ ‹• ƒ†‡“—ƒ–‡ ˆ‘” ‘ˆĎ?‹…‹ƒŽ adoption as the Comprehensive Plan of the City, the Planning Commission shall transmit such plan to the City Council, together with any reports or statements deemed necessary to a full consideration of such plan. Such reports or statements may include majority and minority positions. d. Adoption. Upon receipt of a recommendation by the Planning Commission, the City Council shall review and consider the Comprehensive Plan for adoption. The Comprehensive Plan shall be adopted by resolution. e. Review of Public Projects. Any department or agency of the City proposing to construct, establish, locate, relocate, remove, or alter any building, structure, roadway, street, park, or other development or redevelopment project involving public property or public funds which affect the Comprehensive Plan shall, before beginning any work on such building, structure, or land, submit a description of the proposed development to the Administrator for immediate transmission to the Planning Commission. In addition, the City Manager shall, before submitting a Capital Improvement Program (CIP) to the City Council, submit the CIP to the Planning Commission.

Within 30 days of any such submission, the Planning Commission shall review such proposal or capital improvement program for conformity with the Comprehensive Plan, and if necessary, shall confer with the submitting agency with regard to suggested alterations. The Planning Commission shall transmit its recommendation on such proposal or such program to the submitting agency and City Manager, stating the reasons for such recommendation. The City Manager shall submit the report of the Planning Commission on the capital improvement program to the City Council at the time such program is submitted.

4. Approval Criteria. The Planning Commission and City Council shall consider the criteria of this Subsection in determining whether a Comprehensive Plan, or an amendment thereto, shall be approved. a. Amendment to the Future Land MapǤ —ˆĎ?‹…‹‡Â?– ‡˜‹†‡Â?…‡ Šƒ• „‡‡Â? ’”‘˜‹†‡† –Šƒ– –Š‡ —ture Land Use Map amendment meets the following criteria: 1.

The proposed map amendment is compatible with existing or planned land uses on adjacent properties; 2.

Adequate public utilities, facilities, and/or services are available or may be ‡š–‡Â?†‡† ‹Â? ƒ Â…Â‘Â•Â–ÇŚÂ‡ÂˆÂˆÂ‡Â…Â–Â‹Â˜Â‡ ƒÂ?† ‡ˆĎ?‹…‹‡Â?– Â?ƒÂ?Â?‡” –‘ •‡”˜‡ –Š‡ †‡˜‡Ž‘’Â?‡Â?– for the type and scope suggested by the proposed amendment; 3.

The proposed map amendment is warranted by changing conditions in the area, or it corrects an error in fact concerning the property’s future land —•‡ …Žƒ••‹Ď?‹…ƒ–‹‘Â? ƒ– –Š‡ –‹Â?‡ ‘ˆ –Š‡ ‘”‹‰‹Â?ƒŽ ’ŽƒÂ? ƒ†‘’–‹‘Â?Ǣ 4.

The map amendment meets a current need; and 5.

If the map amendment is approved, there will be an adequate supply of land permitted in the category being changed. b. Amendment to the Plan TextǤ —ˆĎ?‹…‹‡Â?– ‡˜‹†‡Â?…‡ Šƒ• „‡‡Â? ’”‘˜‹†‡† –Šƒ– –Š‡ –‡š– ƒÂ?‡Â?†ment meets the following criteria: 1.

The proposed text amendment furthers the goals, objectives, and policies of the Comprehensive Plan; 2.

The proposed text amendment advances a legitimate public need; and 3.

The proposed text amendment is warranted by changing conditions or a current need. c. Amendment to the Plan BoundariesǤ —ˆĎ?‹…‹‡Â?– ‡˜‹†‡Â?…‡ Šƒ• „‡‡Â? ’”‘˜‹†‡† –Šƒ– –Š‡ amendment to the plan boundaries meets the following criteria: 1.

The proposed boundary adjustment provides for a logical and desirable extension of the City’s urbanizing or future urbanizing area; 2.

Events subsequent to the Comprehensive Plan adoption have changed the character and/or conditions of the area so as to make the application acceptable; 3.

The proposed boundary adjustment is compatible with and supported by the City and/or County plans concerning the proposed land use; and 4.

Adequate urban public facilities, utilities, and/or services are available or Â?ƒ› „‡ ‡š–‡Â?†‡† ‹Â? ƒ Â…Â‘Â•Â–ÇŚÂ‡ÂˆÂˆÂ‡Â…Â–Â‹Â˜Â‡ ƒÂ?† ‡ˆĎ?‹…‹‡Â?– Â?ƒÂ?Â?‡” –‘ •‡”˜‡ –Š‡ †‡˜‡Žopment for the type and scope suggested by the proposed amendment.

5. Decision. The City Council may approve the Comprehensive Plan, by resolution, upon a recommendation of the Planning Commission.

6. ˆˆ‡…– ‘ˆ ’’”‘˜ƒŽǤ ’‘Â? ƒ†‘’–‹‘Â?ÇĄ –Š‡ ‘Â?’”‡Š‡Â?•‹˜‡ ŽƒÂ? •ŠƒŽŽ „‡ …‘Â?•‹†‡”‡† ƒÂ? ‘ˆĎ?‹…‹ƒŽ statement of the policy of Sioux City. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎľĎŹÍ˜Ď­ĎŹ ĞǀĞůŽƉžĞŜƚ ŽŜÄ?ĞƉƚ WĹŻÄ‚Ĺś 1. Generally. A development concept plan provides a site layout for a planned neighborhood or traditional neighborhood development. It is intended to provide the applicant an opportunity to submit a conceptual plan showing the basic nature and character of a parcel proposed for development. The development concept plan is the basis for approval of a planned development site plan, as set out in Subsection 25.06.090.11, Planned Development Site Plan, and is also the basis on which

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a public hearing is held, thereby allowing consideration of the proposal at a preliminary stage. In order to permit the City and the applicant assurance, approval of the development concept plan binds the applicant and the City with respect to the following: a. Categories of allowed, limited, and conditional uses to be permitted; b. Maximum gross density of residential uses and intensity (‰”‘•• Ď?Ž‘‘” ƒ”‡ƒ) of nonresidential uses; c. General locations of motor vehicle, bicycle, and pedestrian spaces; d. General locations and the extent of public (common) and private open spaces; e. General location and types of residential and nonresidential uses; f. Phases of development; g. A general statement of the lands to be dedicated; ŠǤ —‹Ž†‹Â?‰ ‡Ž‡˜ƒ–‹‘Â?• ”‡Žƒ–‹˜‡ –‘ ƒÂ?› •’‡…‹ƒŽ Ď?Ž‘‘† Šƒœƒ”† ƒ”‡ƒ ™Š‹…Š Â?ƒ› ‡š‹•– ‹Â? –Š‡ †‡velopment; and i. General locations and treatments of drainage courses.

2. Applicability. Submittal, review, and approval of a development concept plan is required for a planned neighborhood or traditional neighborhood development prior to submission of a planned development site plan.

3. Procedure. In reviewing, considering, and approving a development concept plan, the application is processed according to the sequential steps set out in Subsection 25.06.070.2, Pre-Application Conference, through Subsection 25.06.070.10, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable. The review and approval procedures are as follows: a. Application. Applications for approval of a development concept plan shall be submitted to the Administrator. A nonrefundable application fee, as established from time to time by the City Council, shall accompany each application. The application shall be submitted in a form required by the City, and shall contain 10 copies and one reproducible copy and such information and documentation as prescribed from time to time by the Administrator but shall in all instances contain at least the following information and documentation: 1.

The applicant’s name, address, and interest in the subject property; 2.

The owner’s name and address, if different than the applicant, and the ‘™Â?‡”ǯ• •‹‰Â?‡† …‘Â?•‡Â?– –‘ –Š‡ ƒ’’Ž‹…ƒ–‹‘Â? Ď?‹Ž‹Â?‰Ǣ 3.

The names and addresses of all professional consultants advising the applicant with respect to the proposed development; 4.

The legal description of the subject property; 5.

The names and addresses of all owners of record entitled to notice pursuant to Subsection 25.06.070.9, Public Notice, and under applicable statutes and the Planning Commission’s Rules of Procedure; ͸Ǥ Â•Â—Â”Â˜Â‡Â›ÇĄ …‡”–‹Ď?‹‡† „› ƒ ”‡‰‹•–‡”‡† ŽƒÂ?† Â•Â—Â”Â˜Â‡Â›Â‘Â”ÇĄ •Š‘™‹Â?‰ ’”‘’‡”–› „‘—Â?†ary lines and dimensions, and elevations above mean sea level of the lot corners and at the corners of the proposed structures (USC and GS Datum) ‹ˆ ƒÂ?› ’ƒ”– ‘ˆ –Š‡ ŽƒÂ?† ‹• Ž‘…ƒ–‡† ‹Â? ƒ Ď?Ž‘‘†’Žƒ‹Â? ‘” Ď?ÂŽÂ‘Â‘Â†Â™ÂƒÂ›Ç˘ 7.

A map of the existing site conditions, at a range of scale from 10 feet to an ‹Â?…Š –‘ ͳͲͲ ˆ‡‡– –‘ ƒÂ? ‹Â?…Šǥ ™Š‹…Š †‡’‹…–• ƒŽŽ •‹‰Â?‹Ď?‹…ƒÂ?– Â?ÂƒÂ–Â—Â”ÂƒÂŽÇĄ –‘’‘‰”ƒ’Š‹cal, and physical features of the subject property including: A. Contours; B. Locations and extent of tree cover, including single trees in excess of six inches in diameter; Ǥ ‘…ƒ–‹‘Â? ƒÂ?† ‡š–‡Â?– ‘ˆ ™ƒ–‡”…‘—”•‡• ƒÂ?† Ď?Ž‘‘†’Žƒ‹Â?• ‘Â? ‘” ™‹–Š‹Â?

100 feet of the subject property; D. Existing drainage patterns; E. Vistas; and F. Soil conditions as they affect development; and 8.

A map depicting the existing zoning and land use of the subject property and all land within 500 feet; 9.

A map depicting the approximate location of property lines, easements, and locations and sizes of existing streets, water mains, storm and sanitary sewers, gas lines, or other underground installations; 10.

A written statement describing the proposed development and its conformance with the Comprehensive Plan and its policy statements; 11.

Schematic drawings, at a range of scale from 10 feet to an inch to 100 feet to an inch of the proposed development concept plan showing, at a minimum: A. The general locations of motor vehicle, bicycle and pedestrian circulation improvements; B. Parking and loading areas indicating approximate number of spaces; C. Public (common) and private open space; D. The general placement and height of residential, nonresidential, institutional, mixed use, and other buildings and land uses; E. A generalized landscaping plan; and F. Proposed land contours; and 12.

Tabulation of the following information which may be expressed in ranges, if applicable: A. Total number of dwelling units proposed by type of structure; Ǥ ‘–ƒŽ •“—ƒ”‡ ˆ‘‘–ƒ‰‡ ‘ˆ „—‹Ž†‹Â?‰ Ď?Ž‘‘” ƒ”‡ƒ ’”‘’‘•‡† ˆ‘” …‘Â?Â?‡”cial and industrial uses by general type of use;T C. The general categories of land use categorized to include, but not be limited to: i.

Residential uses by type of structure; ii.

Commercial uses; iii.

Industrial uses; iv.

Public (common) and private open space; and v.

Streets; and vi.

Off-street parking and loading areas; and D. The acreage and percentage of total site area devoted to each of the above categories of use; 13.

If the planned neighborhood or traditional neighborhood development is proposed for construction in stages during more than a single construction season, a schedule for the development of each construction stage that states the approximate beginning and completion date for each such stage; and 14.

Other information as the Administrator or Planning Commission deem necessary to a full and complete review of the proposed development. b. ƒ‹˜‡” ‘ˆ ’‡…‹ϔ‹… —„Â?‹••‹‘Â?•. At the conclusion of, or any time following the pre-application conference, as set out in Subsection 25.06.070.2, Pre-Application Conference, any information or documentation required to be submitted may be waived by the Administrator on the basis that the item is not necessary to a full and complete review of the proposed development. Such waiver shall be in writing with a copy attached to the application. c. Optional Submission of a Planned Development Site Plan. The applicant may submit a planned development site plan for the proposed development simultaneously with the submission of the development concept plan. In such case, the applicant shall comply with all provisions of this Subsection applicable to submission of a development concept plan, as well as the provisions of Subsection 25.06.090.11, Planned Development Site Plan. The Planning Commission and City Council shall consider such plans simultaneously and shall grant or deny approval in accordance with the provisions of this Subsection and Subsection 25.06.090.11, Planned Development Site Plan. d. Submission to Interested Agencies. Upon receipt of a complete application, the Administrator shall transmit a copy of the development concept and planned development site plan, as applicable, to the City Engineer, Inspection Services Manager, Fire Chief, ”ƒˆĎ?‹… Â?‰‹Â?‡‡”ǥ —„Ž‹… ‘”Â?• ‹”‡…–‘”ǥ Â?˜‹”‘Â?Â?‡Â?–ƒŽ ‡”˜‹…‡• ‹”‡…–‘”ǥ —’‡”‹Â?–‡Â?†‡Â?– ‘ˆ …Š‘‘Ž•ǥ ‡ƒŽ–Š ‹”‡…–‘”ǥ ‘Ž‹…‡ ÂŠÂ‹Â‡ÂˆÇĄ ƒÂ?† •—…Š ‘–Š‡” ‹–› ‘ˆĎ?Â‹Â…Â‹ÂƒÂŽÂ•ÇĄ †‡partments, and agencies as deemed by the Administrator to have an interest in one or more aspects of the proposed planned neighborhood or traditional neighborŠ‘‘† †‡˜‡Ž‘’Â?‡Â?–Ǥ ‹–Š‹Â? ͳͲ †ƒ›• ‘ˆ –Š‡ ƒ’’Ž‹…ƒ–‹‘Â? Ď?‹Ž‹Â?‰ǥ –Š‡ ƒ‰‡Â?…‹‡• –‘ ™Š‘Â? …‘’‹‡• ‘ˆ –Š‡ ’ŽƒÂ?• ™‡”‡ •—„Â?‹––‡† •ŠƒŽŽ Ď?‹Ž‡ ™”‹––‡Â? …‘Â?Â?‡Â?–• ‘Â? –Š‡ ’ŽƒÂ? ™‹–Š –Š‡ Administrator, or a designee. A copy of all comments shall be made available to the applicant before the public hearing. e. Public Hearing. A public hearing shall be set, advertised, and conducted by the Planning Commission in accordance with the provisions of Subsection 25.06.070.10, Public Meetings and Hearings. f. Action by Planning and Zoning Commission.

1.

Within 30 days following the conclusion of a public hearing, the Planning Commission shall: A. Refuse to approve the development concept plan; or B. Approve the development concept plan, with or without conditions to be accepted by the applicant as a condition of such approval.

2.

Failure of the Planning Commission to act within 30 days following the conclusion of the public hearing, or such period as may be agreed to by the applicant, shall be deemed a recommendation for the approval of the development concept plan as submitted. g. Action by Applicant. In the event a development concept plan is approved, or approved ™‹–Š …‘Â?†‹–‹‘Â?• ƒ……‡’–ƒ„Ž‡ –‘ –Š‡ ƒ’’Ž‹…ƒÂ?–ǥ –Š‡ ƒ’’Ž‹…ƒÂ?– •ŠƒŽŽ ’”‘…‡‡† –‘ Ď?‹Ž‡ ƒ planned development site plan in accordance with the provisions of Subsection 25.06.090.11, Planned Development Site Plan. In any case where a planned development site plan has been submitted for processing concurrently with a development concept plan, the applicant shall proceed as provided in Subsection 25.06.090.11, Planned Development Site Plan.

4. Approval Criteria. In considering the development concept plan and formulating its recomÂ?‡Â?†ƒ–‹‘Â?ÇĄ –Š‡ ŽƒÂ?Â?‹Â?‰ ‘Â?Â?‹••‹‘Â? •ŠƒŽŽ „‡ ‰—‹†‡† „› ƒÂ?† •ŠƒŽŽ ‹Â? ‹–• ”‡…‘Â?Â?‡Â?†ƒ–‹‘Â? •’‡…‹Ď?‹cally address, the applicable standards of this Code, particularly including: a. Section 25.02.090, Neighborhood Types; b. Section 25.03.030, Standards for New Neighborhoods; c. Section 25.03.040, Standards for Nonresidential and Mixed Use Development; d. Section 25.03.140, Single-Family, Duplex, Twin Home, and Townhome Design Standards (for planned neighborhoods); e. Section 25.03.160, Multiple-Family Housing Design Standards (for planned neighborhoods); f. Section 25.03.170, Traditional Neighborhood Design Standards (for traditional neighborhood developments); and g. Section 25.03.180, Nonresidential and Mixed Use Development Design Standards (for traditional neighborhood developments).

5. Decision. a. Authority to Approve. A development concept plan shall be reviewed and approved, approved with conditions, or denied by the Planning Commission, based upon the recommendation of Administrator. b. Limitation on Development Concept Plan Approval. If a planned development site plan that covers the area designated in an approved development concept plan is not Ď?‹Ž‡† ™‹–Š‹Â? ‘Â?‡ ›‡ƒ” ˆ”‘Â? –Š‡ †ƒ–‡ ‘ˆ ŽƒÂ?Â?‹Â?‰ ƒÂ?† ‘Â?‹Â?‰ ‘Â?Â?‹••‹‘Â? ƒ’’”‘˜ƒŽ of the development concept plan approval, or in any case where the applicant fails –‘ Ď?‹Ž‡ ƒ ’ŽƒÂ?Â?‡† †‡˜‡Ž‘’Â?‡Â?– •‹–‡ ’ŽƒÂ? ƒÂ?† –‘ ’”‘…‡‡† ™‹–Š †‡˜‡Ž‘’Â?‡Â?– ‹Â? ƒ……‘”dance with the provisions of this Code and the approved development concept plan, the development concept plan approval shall expire.

6. ˆˆ‡…– ‘ˆ ’’”‘˜ƒŽǤ Â?Ž‡•• –Š‡ ƒ’’Ž‹…ƒÂ?– •ŠƒŽŽ ˆƒ‹Ž –‘ Â?‡‡– –‹Â?‡ •…Š‡†—Ž‡• ˆ‘” Ď?‹Ž‹Â?‰ ƒ ’ŽƒÂ?Â?‡† †‡velopment site plan, shall fail to proceed with development in accordance with the approved plans, or shall in any other manner fail to comply with any condition of this Code or any approval granted pursuant to it, a development concept plan which has been approved, or approved with conditions ™Š‹…Š Šƒ˜‡ „‡‡Â? ƒ……‡’–‡† „› –Š‡ ƒ’’Ž‹…ƒÂ?–ǥ •ŠƒŽŽ Â?‘– „‡ Â?‘†‹Ď?‹‡†ǥ ”‡˜‘Â?‡†ǥ ‘” ‘–Š‡”™‹•‡ ‹Â?Â’ÂƒÂ‹Â”Â‡Â†ÇĄ pending the application for approval of the planned development site plan by any action of the City without the consent of the applicant. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎľĎŹÍ˜Ď­Ď­ WůĂŜŜĞĚ ĞǀĞůŽƉžĞŜƚ ^Ĺ?ƚĞ WĹŻÄ‚Ĺś 1. GenerallyǤ ’ŽƒÂ?Â?‡† †‡˜‡Ž‘’Â?‡Â?– •‹–‡ ’ŽƒÂ? ‹• ‹Â?–‡Â?†‡† –‘ ”‡Ď?‹Â?‡ ™‹–Š ‰”‡ƒ–‡” †‡–ƒ‹Ž ƒÂ?† ‹Â?’Ž‡ment the development concept plan. When approved, a planned development site plan provides documentation for recording, which will control future development and use within the planned, mixed use, or traditional neighborhood development.

2. Applicability. Submittal, review, and approval of a planned development site plan is required for a planned, mixed use, or traditional neighborhood development prior to the issuance of permits that allow for site grading or construction.

3. Procedure. In reviewing, considering, and approving a planned development site plan, the application is processed according to the sequential steps set out in Subsection 25.06.070.2, PreApplication Conference, through Subsection 25.06.070.10, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable. The review and approval procedures are as follows: a. Application. Upon approval of the development concept plan, and within the one year time limit established in Subsection 25.06.090.10, Development Concept Plan, the applicant shall submit an application for planned development site plan approval to the Administrator. The application may include the entire area included in the approved development concept plan, or one or more phases of development that is generally consistent with and in accordance with the phasing plan approved as part ‘ˆ –Š‡ †‡˜‡Ž‘’Â?‡Â?– …‘Â?…‡’– ’ŽƒÂ?Ǥ Š‡ ƒ’’Ž‹…ƒ–‹‘Â? •ŠƒŽŽ ”‡Ď?‹Â?‡ǥ ‹Â?’Ž‡Â?‡Â?–ǥ ƒÂ?† „‡ ‹Â? substantial conformity with the approved development concept plan. The application shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the Administrator, but shall in all instances contain at least the following information and documentation, which taken together, shall constitute a planned development site plan; 1.

The applicant’s name, address, and interest in the subject property; 2.

The owner’s name and address, if different than the applicant, and the ‘™Â?‡”ǯ• •‹‰Â?‡† …‘Â?•‡Â?– –‘ –Š‡ ƒ’’Ž‹…ƒ–‹‘Â? Ď?‹Ž‹Â?‰Ǣ 3.

A legal description of the property for which planned development site plan approval is sought; 4.

The date on which development concept plan approval was granted; 5.

A site plan drawn on permanent, reproducible material that is suitable for recording plus 10 copies of the plan, drawn at a scale of 100 feet to an inch or 40 feet to an inch with a sheet size of 22.5â€? X 24.5â€?, on one or more sheets, illustrating the proposed development and use of the property for which planned development site plan approval is sought. The site plan shall include the following: Ǥ Â•Â—Â”Â˜Â‡Â›ÇĄ …‡”–‹Ď?‹‡† „› ƒ ”‡‰‹•–‡”‡† ŽƒÂ?† Â•Â—Â”Â˜Â‡Â›Â‘Â”ÇĄ •Š‘™‹Â?‰ ’”‘’-

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erty boundary lines and dimensions, and elevations above mean sea level (USC and GS Datum) if any part of the land is located in a ϐ ϐ Ǥ B. A scaled drawing of the proposed location, arrangement, and relationship and dimensions between each principal and accessory building, contained within a construction site envelope which constitutes the limits of adjustment in building placement for the purpose of obtaining a building permit. A principal and accessory Ǥ ϐ dimensions shall be provided to establish the location and size of the construction site envelope, specifying the minimum separation ϐ on-site and off-site features or improvements. For land lying in a ϐ ϐ ǡ ϐ ϐ ȋ ȌǤ ϐ ǡ evations shall be given for any changes in the shape of the land. Any ϐ ϐ ϐ purpose and shall be limited to the minimum amount necessary.

C. A table keyed by symbol to the site plan map summarizing the proposed land uses and their characteristics as follows: i.

Residential. Buildings by type including height, number ǡ ϐ ǡ ǡ which may be expressed in ranges. Buildings containing nonresidential uses that are allowed in neighborhood ϐ ǡ ϐ ǡ ǡ ǡ ǡ nursing home, etc. ii.

Commercial. Buildings by type of use, which may be described by referencing an appropriate commercial district, ǡ ϐ ǡ Ǧ loading spaces, which may be expressed in ranges.

D. Location and width of vehicular and pedestrian circulation elements including: i.

Streets and roadways; ii.

Driveways and entrances with gradients shown; iii.

Off-street parking spaces, loading spaces, and access aisles; iv.

Sidewalks, walkways and pathways; and v.

Where there are more than 10 parking or loading spaces, the location of the area for snow storage (see Subsection 25.05.040.3, Use of Parking and Loading Areas). Ǥ ǡ ϐ ǡ ϐ tions of streets; water mains; sanitary sewers and other utilities; ϐ Ǣ ϐ Ǣ ǡ face and subsurface drainage and impoundment areas; and related Ǣ ǡ ϐ need not be recorded; F. Location, size and arrangement of all outdoor signs and lighting for nonresidential and mixed uses; G. General location and height of fences or walls and the types or kinds of building materials or plantings to be used for bufferyards; H. Location of natural open space and improved recreational areas;

Ǥ ϐ ǣ i.

For lands that slope less than two percent, spot elevations shall be shown at all breaks in grade along all drainage channels or swales and at selected points not more than 100 feet apart in all directions; ii.

For lands that slope more than two percent, contours shall ϐ the ground slope is regular; and iii.

Contour intervals of two feet shall be shown, where necessary, because of irregular land or a need for more detailed data; and 6.

A tabulation for the site plan showing the total land area and the land areas occupied by each building type, expressed in acres and as a percent of total development, plus the land area proposed to be devoted to: A. Off-street parking and loading, including aisles and covered spaces; B. Streets; C. Accessory buildings; and D. Improved recreational and natural areas separated as to public (common) and private space, where applicable.

7.

A detailed landscaping plan identifying perimeter treatments and internal landscaping, as required; 8.

Copies of restrictive covenants that are to be recorded for the property included in the site plan; 9.

A statement regarding the provisions made for the dedication, care, and maintenance of open space and common services and facilities; and 10.

As required by the Planning and Zoning Commission, a market analysis to substantiate the demand for nonresidential and mixed uses in a traditional neighborhood development; ͳͳǤ ǡ ϐ yses to evaluate the impacts of the proposed development on the street network or transit system; 12.

A soil erosion control plan for the period during which construction is scheduled to occur; 13.

A statement summarizing any changes that have been made in any document, plan, data, or information that was previously submitted, together with revised copies of any such document, plan, data, or information; and 14.

Other information as may be requested in writing within 15 days of application submission by the Administrator or the Planning and Zoning Commission on the grounds that such additional information is necessary for a full consideration of the site plan. b. ϔ . At any time following approval by the Planning and Zoning Commission of a development concept plan, information or documentation required to be submitted by this Subsection may be waived by the Administrator on the basis that the particular item is not necessary to a full and complete review.

Such waiver shall be in writing with a copy attached to the application. c. Action by Planning and Zoning Commission.

1.

Within 45 days following the submission of the planned development site plan, or such period as may be agreed to by the applicant, the Planning and Zoning Commission shall, with such consultation and advice of the various departments of the City, review the plan. ʹǤ

ϐ substantial conformity between the planned development site plan and the previously approved ǡ ϐ site plan to be, in all other respects, complete and in compliance with any conditions imposed by approval of the development concept plan and the provisions of this Code and all other applicable federal, state and city codes, ordinances and regulations, it shall recommend approval of the planned development site plan. ͵Ǥ

ϐ ment site plan lacks substantial conformity to the previously approved development concept plan but merits approval notwithstanding such lack of conformity, it shall transmit the planned development site plan to the City Council together with its recommendation that the planned development site plan be approved. ͶǤ

ϐ planned development site plan does not merit approval, it shall transmit such plan to the City Council, together with its recommendation that the planned development site plan not be approved.

5.

Failure of the Planning and Zoning Commission to act within 45 days shall be deemed a recommendation to the City Council to approve the planned development site plan as submitted. d. Action by City Council.

1.

Within 30 days, or such period as may be agreed to by the applicant, following the receipt of the recommendation of the Planning and Zoning Commission, or the failure of the Planning and Zoning Commission to act as provided above, the City Council shall: A. Refuse to approve the planned development site plan; B. Refer the planned development site plan back to the Planning and ϐ Ǣ or C. By a duly adopted resolution, approve the planned development site plan, with or without conditions to be accepted by the applicant as a condition of such approval. ʹǤ ͵Ͳ ϐ denial of the planned development site plan. ͵Ǥ ϐ ǡ ϐ the ordinance approving the planned development site plan within the applicable district and for the approved boundaries of the planned development site plan. e. Action by Applicant. Whenever any planned development site plan approved pursuant to this Code is made subject to conditions to be met by the applicant, the applicant ϐ ϐ such compliance. The applicant shall have two years from the date of approval to ϐ Ǥ ϐ ǡ lished from time to time by the City Council, to verify that such conditions have been Ǥ ϐ timeframe will revoke the original request.

4. Approval Criteria. In considering the planned development site plan and formulating its recommendation, the Planning and Zoning Commission shall be guided by and shall in its recommen ϐ ǡ this Code, particularly including: a. Section 25.02.090, Neighborhood Types; b. Section 25.03.030, Standards for New Neighborhoods; c. Section 25.03.040, Standards for Nonresidential and Mixed Use Development; d. Section 25.03.140, Single-Family, Duplex, Twin Home, and Townhome Design Standards (for planned neighborhoods); e. Section 25.03.160, Multiple-Family Housing Design Standards (for planned neighborhoods); f. Section 25.03.170, Traditional Neighborhood Design Standards (for traditional neighborhood developments); and g. Section 25.03.180, Nonresidential and Mixed Use Development Design Standards (for traditional neighborhood developments).

5. Decision. a. Within seven days following City Council action, the Administrator shall notify the applicant of the City Council’s decision and, if approved, distribute a copy of the site plan as follows: 1.

Manager of the Building Inspections Division; 2.

Manager of the Engineering Division; ͵Ǥ ϐ Ǣ 4.

Fire Chief; 5.

Public Works Director; 6.

Environmental Services Director; 7.

City Clerk; 8.

Health Director; and 9.

Police Chief. b. A copy of the planned development site plan shall be forwarded to the City Clerk for recording with the County Recorder. All fees for recording shall be paid, in advance, by the applicant. c. The approval, by ordinance, of a planned development site plan shall constitute zoning regulations applicable to the subject property.

6. . a. Limitation on Planned Development Site Plan Approval. Within two years after the approval of a planned development site plan, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within two years shall void the planned development site plan approval and any permits based on such approval. The Administrator shall, without further direction, initiate an ap ϐ number from the district and boundaries of the planned development area. b. Building and Other Permits. Upon, but not before, recordation of the approved planned development site plan, and upon application by the applicant, all appropriate ofϐ opment, construction, and other work in the area encompassed by the approved planned development site plan; provided, however, that no such permits shall be ϐ ϐ ϐ Code or any ordinances of the City that are applicable to the permit sought have been met. c. Inspections During DevelopmentǤ

ϐ the development is not proceeding with construction according to the approved ǡ ϐ Ǥ 30 days of such notice, the City Council shall either: 1.

Revoke, by resolution, the planned development site plan approval and direct the Administrator to initiate appropriate amendment procedures to return the affected area of the development to an appropriate zoning clas ϐ Ǣ 2.

Take such steps as it shall deem necessary to compel compliance with the approved planned development site plan; or

Sioux ity oning C ndZ ign aode S inal C raft –

D

F03.23.15

3.

Require the owner or applicant to seek an amendment of the planned development site plan.

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϵϬ͘ϭϮ DĂũŽƌ ŚĂŶŐĞƐ ƚŽ Ă ĞǀĞůŽƉŵĞŶƚ ŽŶĐĞƉƚ WůĂŶ Žƌ WůĂŶŶĞĚ ĞǀĞůŽƉŵĞŶƚ ^ŝƚĞ WůĂŶ 1. GenerallyǤ ǡ ϐ ǡ from the approved development concept plan shall be recommended for approval by the Planning and Zoning Commission and approved by the City Council if each body determines that all submission requirements have been met.

2. Applicability. Planned development site plans that are not in substantially conformity to the approved development concept plan require a public hearing before the Planning and Zoning Commission, with a recommendation to the City Council to approve, approve with conditions, or deny the application for a major change to a development concept plan or planned development site plan.

Minor changes are handled as set out in Subsection 25.06.080.5, Minor Changes to a Development Concept Plan or Planned Development Site Plan.

3. Procedure. a. A planned development site plan that contains minor changes from the approved development concept plan but is forwarded to the Planning and Zoning Commission by the Administrator for a determination as to substantial compliance with the development concept plan may be approved by the Planning and Zoning Commission without a public hearing, provided that the Planning and Zoning Commission determines that all submission requirements have been met. For the purposes of this Subsection, lack of “substantial compliance” shall have the same meaning as a “major change”. b. Applications for major changes to development concept plan or planned development site plan are processed according to the sequential steps set out in Subsection 25.06.070.2, Pre-Application Conference, through Subsection 25.06.070.10, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable, and then decided by the City Council, upon the recommendation of the Planning and Zoning Commission, as set out in Subsection 25.06.070.10, Public Meetings and Hearings. c. Any determinations made by the Planning and Zoning Commission under this Subsection may be appealed to the City Council according to the procedures set out in Subsection 25.06.090.21, Appeals to City Council.

4. Approval Criteria. In reaching a determination as to whether a change is minor and may be approved by the Administrator as set out in Subsection 25.06.080.5, Minor Changes to a Development Concept Plan or Planned Development Site Planǡ ϐ a Planning and Zoning Commission recommendation and City Council approval, the Administrator shall use the following criteria: Ǥ ϐ Zoning Commission recommendation and City Council approval. An increase in in ϐ ǡ in the number of dwelling or lodging units, or an increase in the amount of outside land area devoted to sales, displays, or demonstrations; b. Any change greater than 10 percent in parking areas resulting in an increase or reduction in the number of spaces approved shall constitute a major change; Ǥ ϐ ǡ ǡ ǡ building, as shown on the approved plan, shall be considered a major change; d. Any reduction in the amount of open space or bufferyard, or any change in the location or characteristics of open space, shall constitute a major change; e. Any change in use from one use group to another shall constitute a major change; and f. Any change in pedestrian or vehicular access or circulation shall constitute a major change.

5. Decision. The Planning and Zoning Commission shall recommend and the City Council shall approve, approve with conditions, or deny the application for a major change.

6. . Upon, but not before, recordation of the approved planned development site plan, including those for which an application for a major change is approved, and upon application ǡ ϐ applicant for development, construction, and other work in the area encompassed by the approved planned development site plan; provided, however, that no such permits shall be issued unless the ϐ ϐ ϐ of the City have been met. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϵϬ͘ϭϯ ZĞƐƚƌŝĐƚĞĚ hƐĞ KǀĞƌůĂLJ ŝƐƚƌŝĐƚ 1. Generally. It certain locations, not all uses that are allowed within the applicable district are appropriate or desirable by the City. The inappropriateness or undesirable impacts are by reason of the nature of the existing, surrounding land uses; the presence of natural features or sensitivity of the environment; or the operational characteristics and environmental impacts of the proposed use relative to the surrounding land uses. In these circumstances, and for the purpose of preserving the value and integrity of the built and natural environments and realizing compatibility among and between uses, a restricted use overlay district may be established.

2. Applicability. a. A zone change (map amendment) may be initiated by the owner of the property to be rezoned or their authorized agent or representative, the City Council, Planning and Zoning Commission, or any other body that is described in Subchapter 25.06-A, Administrative Bodies. Zone change applications by property owners and their agents or representatives shall be submitted on a form approved by the Administrator. b. The Administrator may require the submission of such information as may be necessary to permit the informed exercise of judgment under the criteria for the review of a zone change application. Such information shall be related to the scale, location, and impacts of the zone change application and may include, by way of illustration and not limitation, analysis of the capacity of the land to support development (e.g., soil characteristics and hydrology) or the additional impacts (or reduction in impacts) that may be created by changing the district designation in terms of: ϐ ȋ ȌǢ ȋϐ ȌǢ ǡ ǡ land use adjacency impacts; water and wastewater use and availability; and other information determined by the City as necessary to make an informed analysis and decision.

3. Procedure. a. Application. When any proposed zone change is initiated by an owner of, or other person having a contractual interest in, real estate to be affected by the proposed zone change, or by the owners of 50 percent or more of the frontage of real estate to be affected by the proposed amendment, the application for such amendment, ǡ ϐ ǡ Secretary of the Planning and Zoning Commission. A nonrefundable application fee, as established from time to time by the City Council, shall accompany the application. The application shall be in such form and contain such information as shall be prescribed from time to time by the Administrator but shall, in all instances, contain at least the following: 1.

The applicant’s name, address, and interest in the subject property; 2.

The owner’s name and address, if different than the applicant, and the ǯ ϐ Ǣ ͵Ǥ ϐ ǡ the conformity of the proposed change to the Comprehensive Plan and its development policies, and the reason for any deviations from the Comprehensive Plan and its policies; 4.

A street address, common location, and legal description of the property proposed to be rezoned to a restricted use overlay district; 5.

The names and addresses of all owners of property within 200 feet of any boundary of the property proposed for a zone change, excluding the width of any street or other public rights-of-way encountered in such distance, as ϐ Ǣ ͸Ǥ ϐ posed to be rezoned; 7.

The area of the property proposed to be rezoned, stated in square feet or acres, or fraction thereof; 8.

A map, drawn to scale, clearly showing and locating the property proposed to be rezoned; and 9.

Other information or documentation as the Administrator or Planning and Zoning Commission may deem necessary or appropriate to a full and proper consideration and disposition of the particular application. b. Public Hearing. A public hearing shall be set, advertised, and conducted by the Planning and Zoning Commission, as set out in Subsection 25.06.070.10, Public Meetings and Hearings. c. Action by Planning and Zoning Commission. Within 30 days following the conclusion of the public hearing, the Planning and Zoning Commission shall transmit to the City Council its recommendation. Failure of the Planning and Zoning Commission to act within 30 days following the conclusion of the public hearing shall be deemed a recommendation for the approval of the proposed zone change as submitted. d. Action by City Council. See Item 5, Decision, below. e. ϔ . See Item 5, Decision, below.

4. Approval Criteria. The Planning and Zoning Commission may recommend approval, and City Council may grant the approval of a zone change request if it is demonstrated that: a. The proposed zoning is preferable to the existing zoning in terms of its likelihood of advancing the goals, objectives, and policies of the Comprehensive Plan or another adopted land use or area plan, including but not limited to redevelopment plans; b. The proposed zoning is consistent with the future land use map of the Comprehensive Plan (a future land use map amendment may be processed concurrently with the zone change); c. The proposed change is consistent with the implementation of existing or pending plans for providing streets, water and wastewater, other utilities, and the delivery of public services to the area in which the parcel proposed for a zone change is located; d. The range of uses and the character of development that is allowed by the proposed zone will be compatible with the properties in the immediate vicinity of the parcel ǡ ϐ cient dimensions to accommodate reasonable development that complies with the requirements of this Code, including parking and buffering requirements; and e. The pace of development and/or the amount of vacant land currently zoned for comparable development in the vicinity suggests a need for the proposed rezoning in order to ensure an appropriate inventory of land to maintain a competitive land market that promote economic development.

5. Decision. a. Action by Planning and Zoning Commission. Within 30 days following the conclusion of the public hearing, the Planning and Zoning Commission shall transmit to the City Council its recommendation. Failure of the Planning and Zoning Commission to act within 30 days following the conclusion of the public hearing shall be deemed a recommendation for the approval of the proposed zone change as submitted. b. Action by City Council. Within 30 days of the receipt of the report of the Planning and Zoning Commission, or its failure to act as provided above, the City Council shall: 1.

Refuse the application; or 2.

By duly enacted ordinance, adopt the proposed zone change, with or without conditions; provided, however, that in the event a protest against a proposed amendment is presented, duly signed and acknowledged by the owners of 20 percent or more of the area of the lots included in such proposed change or by the owners of 20 percent or more of the property which is located within 200 feet of the exterior boundaries of the property for which the amendment is proposed, such amendment shall not be adopted except by the favorable vote of at least three-fourths of the members of the City Council. For the purposes of making the calculations to determine if a three-fourths vote of City Council is necessary, public rights-of-way shall be disregarded. Points that are 200 feet away from the property subject to the amendment shall be considered to be those points 200 feet away from said property, plus the distance of any intervening public rights-of-way. The area within the public rights-of-way shall not be counted to determine the total area within 200 feet of the subject property. In the event of a parcel of land, part of which is within 200 feet of the subject property as calculated above and part of which is not, only that portion within 200 feet shall be considered in making the above calculations.

6. . In accordance with this Subsection, no zone change or amendment of the ϐ has submitted its report and recommendations to the City Council, the City Council has held a public ǡ ϐ Council. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϵϬ͘ϭϰ dĞdžƚ ŵĞŶĚŵĞŶƚ 1. Generally. The City Council may amend the text of this Zoning and Sign Code (this Code) in accordance with the procedures set out in this Subsection and Section 25.06.070, Standardized Development Approval Procedures, to implement the Comprehensive Plan, as may be amended from time to time, conform to state or federal legal requirements, address changing or changed conditions, or otherwise advance the public health, safety, and welfare of the City of Sioux City.

2. Applicability. Petitions for amendments to this Code shall be made to the Administrator. The City Council and any other body that is described in Subchapter 25.06-A, Administrative Bodies, may initiate an amendment by motion.

3. Procedure. Text amendments are processed according to the sequential steps set out in Subsection 25.06.070.2, Pre-Application Conference, through Subsection 25.06.070.10, Public Meetings and Hearings, and shall be referred to other departments and agencies, as applicable. The Planning and Zoning Commission shall hold a public hearing. The procedure shall incorporate the following additional requirements: a. Staff Review. The Administrator shall review each proposed amendment in light of the criteria of Item D., below, and refer the application to other departments or entities as deemed necessary. Based on the results of those reviews, the Administrator shall provide a report and recommendation to the Planning and Zoning Commission. b. Planning and Zoning Commission Recommendation.

1.

The Planning and Zoning Commission shall hold a public hearing on the proposed text amendment, as set out in Subsection 25.06.070.10, Public Meetings and Hearings. Following the public hearing, the Planning and Zon ϐ Ǥ ʹǤ

ϐ Ͷͷ mission’s public hearing, then the Planning and Zoning Commission may request an extension of time from the City Council. Such request shall be ͶͷǦ Ǥ ϐ granted, the City Council may act on the proposed amendment without a

recommendation from the Planning and Zoning Commission. ϐ ϐ Ǥ 4.

Upon receiving the report of the Planning and Zoning Commission, the Administrator shall draft an ordinance, submit it to the City Attorney for approval as to form, and shall forward the ordinance to the City Council for consideration. c. City Council ActionǤ ϐ mission, the City Council shall vote to approve, approve with amendments, or deny the proposed amendment, based on the approval criteria below. The City Council also may refer the proposed amendment back to the Planning and Zoning Commission for further consideration, continue a public hearing, or postpone action on an application for a period not to exceed 90 days.

4. Approval Criteria. Recommendations and decisions regarding petitions for amendments to text of this Code are legislative in nature, but shall be based on consideration of all the criteria that the proposed amendment: a. Will help to implement the Comprehensive Plan, or, if it addresses a topic that is not addressed or not fully developed in the Comprehensive Plan, the proposed amendment does not impair the implementation of the Comprehensive Plan when compared to the existing Code. b. Is consistent with the stated purposes of this Code. c. Will maintain or advance the public health, safety, or general welfare. d. Will help to mitigate adverse impacts of the use and development of land on the natural or built environments, including, but not limited to mobility, air quality, water quality, noise levels, stormwater management, wildlife protection, and vegetation; or will be neutral with respect to these issues. Ǥ ǡ ϐ ǡ ϐ cient use of infrastructure and public services, and other articulated City objectives.

5. Decision. Upon review and recommendation of the Planning and Zoning Commission, the City Council shall approve, approve with amendments, or deny the proposed text amendment.

6. . The amendment of text of this Code may transform a legally nonconforming situation into a conforming situation. However, no petition for a text amendment shall be used solely to cure a violation of any party of this Code. ͵Ǥ

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϵϬ͘ϭϱ ŽŶĞ ŚĂŶŐĞ ;DĂƉ ŵĞŶĚŵĞŶƚ͕ ŝŶĐůƵĚŝŶŐ ZĞƐƚƌŝĐƚĞĚ hƐĞ WůĂŶŶĞĚ ĞǀĞůŽƉŵĞŶƚƐͿ 1. Generally. The boundaries of any zoning district in the City may be changed, or the district clas ϐ ǡ Ǥ 2. Applicability. a. A zone change (map amendment) may be initiated by the owner of the property to be rezoned or their authorized agent or representative, the City Council, Planning and Zoning Commission, or any other body that is described in Subchapter 25.06-A, Administrative Bodies. Zone change applications by property owners and their agents or representatives shall be submitted on a form approved by the Administrator. b. The Administrator may require the submission of such other information as may be necessary to permit the informed exercise of judgment under the criteria for the review of a zone change application. Such information shall be related to the scale, location, and impacts of the zone change application and may include, by way of illustration and not limitation, analysis of the capacity of the land to support development (e.g., soil characteristics and hydrology) or the additional impacts (or reduction in impacts) that may be created by changing the district designation, in terms of: ϐ ȋ ȌǢ ȋϐ ȌǢ ǡ ǡ land use adjacency impacts; water and wastewater use and availability; and other information determined by the City as necessary to make an informed analysis and decision.

3. Procedure. a. Application. When any proposed zone change is initiated by an owner of, or other person having a contractual interest in, real estate to be affected by the proposed zone change, or by the owners of 50 percent or more of the frontage of real estate to be affected by the proposed amendment, the application for such amendment, ǡ ϐ ǡ Secretary of the Planning and Zoning Commission. A nonrefundable application fee, as established from time to time by the City Council, shall accompany the application. The application shall be in such form and contain such information as shall be prescribed from time to time by the Administrator but shall, in all instances, contain at least the following: 1.

The applicant’s name, address, and interest in the subject property; 2.

The owner’s name and address, if different than the applicant, and the ǯ ϐ Ǣ ͵Ǥ ϐ ǡ the conformity of the proposed change to the Comprehensive Plan and its development policies, and the reason for any deviations from the Comprehensive Plan and its policies; 4.

A street address, common location, and legal description of the property proposed to be rezoned; 5.

The names and addresses of all owners of property within 200 feet of any boundary of the property proposed for a zone change, excluding the width of any street or other public rights-of-way encountered in such distance, as ϐ Ǣ ͸Ǥ ϐ posed to be rezoned; 7.

The area of the property proposed to be rezoned, stated in square feet or acres, or fraction thereof; 8.

A map, drawn to scale, clearly showing and locating the property proposed to be rezoned; and 9.

Other information or documentation as the Administrator or Planning and Zoning Commission may deem necessary or appropriate to a full and proper consideration and disposition of the particular application. b. Public Hearing. A public hearing shall be set, advertised, and conducted by the Planning and Zoning Commission, as set out in Subsection 25.06.070.10, Public Meetings and Hearings. Notices of public hearings by the City Council shall be published in accordance with Subsection 25.06.070.9, Public Notice. c. Action by Planning and Zoning Commission. See Item 5, Decision, below. d. Action by City Council. See Item 5, Decision, below. e. ϔ . Whenever any zone change or map amendment pursuant to this Code is made subject to conditions to be met by the applicant, the ϐ ϐ tor stating such compliance. The applicant shall have two years from the date of ap ϐ Ǥ ϐ ǡ as established from time to time by the City Council, to verify that such conditions Ǥ ϐ the stated timeframe will revoke the original request.

4. Approval Criteria. The Planning and Zoning Commission may recommend approval, and City Council may grant the approval of a zone change request if it is demonstrated that: a. The proposed zoning is preferable to the existing zoning in terms of its likelihood of advancing the goals, objectives, and policies of the Comprehensive Plan or another adopted land use or area plan, including but not limited to redevelopment plans; b. The proposed zoning is consistent with the future land use map of the Comprehensive Plan (a future land use map amendment may be processed concurrently with the zone change); c. The proposed change is consistent with the implementation of existing or pending plans for providing streets, water and wastewater, other utilities, and the delivery of public services to the area in which the parcel proposed for a zone change is located; d. The range of uses and the character of development that is allowed by the proposed zone will be compatible with the properties in the immediate vicinity of the parcel ǡ ϐ cient dimensions to accommodate reasonable development that complies with the requirements of this Code, including parking and buffering requirements; and e. The pace of development and/or the amount of vacant land currently zoned for comparable development in the vicinity suggests a need for the proposed rezoning in order to ensure an appropriate inventory of land to maintain a competitive land market that promote economic development.

5. Decision. a. Action by Planning and Zoning Commission. Within 30 days following the conclusion of the public hearing, the Planning and Zoning Commission shall transmit to the City Council its recommendation. Failure of the Planning and Zoning Commission to act within 30 days following the conclusion of the public hearing shall be deemed a recommendation for the approval of the proposed zone change as submitted. b. Action by City Council. Within 30 days of the receipt of the report of the Planning and Zoning Commission, or its failure to act as provided above, the City Council shall: 1.

Refuse the application; or 2.

By duly enacted ordinance, adopt the proposed zone change, with or without conditions; provided, however, that in the event a protest against a proposed amendment is presented, duly signed and acknowledged by the owners of 20 percent or more of the area of the lots included in such proposed change or by the owners of 20 percent or more of the property which is located within 200 feet of the exterior boundaries of the property for which the amendment is proposed, such amendment shall not be adopted except by the favorable vote of at least three-fourths of the members of the City Council. For the purposes of making the calculations to determine if a three-fourths vote of City Council is necessary, public rights-of-way shall be disregarded. Points that are 200 feet away from the property subject to the amendment shall be considered to be those points 200 feet away from said property, plus the distance of any intervening public rights-of-way. The area within the public rights-of-way shall not be counted to determine the total area within 200 feet of the subject property. In the event of a parcel of land, part of which is within 200 feet of the subject property as calculated above and part of which is not, only that portion within 200 feet shall be considered in making the above calculations.

6. . In accordance with this Subsection, no zone change or amendment of the ϐ has submitted its report and recommendations to the City Council, the City Council has held a public ǡ ϐ Council. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϵϬ͘ϭϲ ĞƌƟĮĐĂƚĞ ŽĨ ƉƉƌŽƉƌŝĂƚĞŶĞƐƐ 1. Generally. To ensure that development, redevelopment, and substantial improvement of property within the Historic 4th Street (HA-4), Historic Pearl Street (HA-P), or Historic Neighborhood or Center (HA-N) sub-districts are in harmony with the architectural and historic character of the ǡ ϐ the powers and responsibilities set out in Subsection 25.06.030.5, Historic Preservation Commission, ϐ standards and requirements set out in Subsection 25.03.190.4, Historic Area (HA) Design Standards.

2. Applicability. Ǥ ϐ ϐ tions to or the demolition of, in whole or in part, a historic landmark or structure within a historic district. No building permit application shall be accepted nor shall any such permit be issued, and no work shall be performed until after approval ϐ ǡ public hearing and recommendation by the Historic Preservation Commission, and ǡ ϐ ϐ ϐ Ǥ Ǥ ϐ in the instance where the Historic Preservation Commission determines that the ϐ ϐ ϐ with the standards of this Code and other applicable guidelines and ordinance provisions. c. Any determinations made by the Historic Preservation Commission under this Subsection may be appealed to the City Council according to the procedures set out in Subsection 25.06.090.21, Appeals to City Council.

3. Ǥ Dz ϐ human occupancy” is exempt from the requirements of this Subsection.

4. ProcedureǤ ϐ ǡ the sequential steps set out in Subsection 25.06.070.2, Pre-Application Conference, through Subsection 25.06.070.10, Public Meetings and Hearings, and shall be referred to other departments and ǡ Ǥ ϐ ǡ a public hearing and approval by the City Council. The procedure shall incorporate the following additional requirements: a. Design Review Committee. The Administrator shall review each proposed amendment in light of the criteria of Item 5., below, and refer the application to the Design Review Committee and other departments or entities as deemed necessary. Based on the results of those reviews, the Administrator, acting on behalf of the Design Review Committee, shall provide a report to the Historic Preservation Commission. b. Historic Preservation Commission Recommendation.

1.

The Historic Preservation Commission shall hold a public hearing on ϐ ǡ 25.06.070.10, Public Meetings and Hearings. Following the public hearing, ϐ port to the City Council. ʹǤ

ϐ Ͷͷ mission’s public hearing, then the Historic Preservation Commission may request an extension of time from the City Council. Such request shall be ͶͷǦ Ǥ ϐ ǡ ϐ ateness without a recommendation from the Historic Preservation Commission. ͵Ǥ ϐ ϐ tion.

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c. City Council ActionǤ ϐ mission, the City Council shall vote to approve, approve with conditions, or deny ϐ ǡ Ǥ ϐ the Historic Preservation Commission for further consideration, continue a public hearing, or postpone action on an application for a period not to exceed 90 days.

5. Approval CriteriaǤ ϐ ǡ ϐ structure under consideration and the exterior form and appearance of any proposed additions ϐ ǡ ϐ structures in the historic area. When considering applications for new construction, alteration, repair, or restoration, the Historic Preservation Commission and City Council shall use the Secretary of the Interior’s Standards for Rehabilitation, together with the design guidelines set out in Subsection 25.03.190.4, Historic Area (HA) Design Standards. In addition, the Historic Preservation Commission, ǡ ϐ Historic Area and its sub-districts.

6. Decision. The Historic Preservation Commission shall recommend and the City Council shall ǡ ǡ ϐ Ǥ 7. Ǥ ǡ ǡ ϐ ǡ ǡ ϐ and other permits to the applicant for development, construction, and other work on the property, ǡ ϐ has been approved; provided, however, that no such permits shall be issued unless the appropriate ϐ ϐ ϐ sought have been met. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϵϬ͘ϭϳ ĞƌƟĮĐĂƚĞ ŽĨ ƉƉƌŽƉƌŝĂƚĞŶĞƐƐ͕ ,ĂƌĚƐŚŝƉ tĂŝǀĞƌ 1. Generally. The relief available in this Subsection is intended only for applicants whose applica ϐ Ǥ 2. ApplicabilityǤ ͳͲ ϐ ǡ ϐ ǡ ϐ ǡ ǡ ϐ application with the Administrator.

3. Procedure. a. Application. Within 60 calendar days of the applicant’s receipt of the denial, the applicant shall submit documentation and exhibits to the Administrator, including, without limitation: 1.

Appraisal of the property by a licensed real estate appraiser; 2.

Estimated costs for appropriate rehabilitation prepared by a licensed architect or engineer with experience in historic preservation; 3.

Documentation of consideration of alternative uses for the property; and 4.

Documentation of public advertisement to solicit a buyer willing to appropriately rehabilitate the property. b. Public Hearing. A public hearing shall be set, advertised, and conducted by the Historic Preservation Commission, as set out in Subsection 25.06.070.10, Public Meetings and Hearings. Notice of the public hearing shall be published in accordance with Subsection 25.06.070.9, Public Notice. The applicant shall be given written notice of ϐ days before the meeting to the address on the application. c. Action by Applicant. The applicant shall consult in good faith with the Historic Preservation Commission, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in preservation of the historic resource. d. Action by Historic Preservation Commission. See Item 5, Decision, below. e. Action by City Council. See Item 5, Decision, below.

4. Approval CriteriaǤ ϐ documentary and other evidence, that: Ǥ ϐ ǡ Ǧ erties, the property is not capable of yielding a reasonable return, regardless of ϐ Ǣ Ǥ ϐ have failed; and c. The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would render it capable of yielding a reasonable return.

5. Decision. The Historic Preservation Commission shall recommend and the City Council shall approve, approve with conditions, or deny the application for a hardship waiver. Written notice of the decision stating the reasons for granting or denying the hardship application shall be sent to the ϐ ϐ Ǥ 6. . Upon, but not before, approval and issuance of a hardship waiver, a permit may be issued to the applicant for the demolition of the property or site, as set out by the decision of the City Council; provided, however, that no such permit shall be issued unless the appropriate ϐ ϐ ϐ ǡ ǡ ments have been met. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϵϬ͘ϭϴ ĞƐŝŐŶĂƟŽŶ ŽĨ ,ŝƐƚŽƌŝĐ WƌŽƉĞƌƟĞƐ Žƌ ŝƐƚƌŝĐƚƐ 1. Generally. The procedures of this Subsection are used for the City Council, upon recommendation of the Historic Preservation Commission, to designate historic properties or districts.

2. Applicability. The Historic Preservation Commission may proceed at its own initiative or upon a petition from any person, group, or association, or upon the request of the City Council to conduct ϐ ǡ ǡ ϐ 25.06.030.5, Historic Preservation Commission.

3. Procedures. The procedure shall incorporate the following requirements: a. Notice: ͳǤ ǡ ϐ sor to the Sioux City Historic Preservation Commission shall give notice of a public hearing in accordance with the provisions of Subsection 25.06.070.9, Public Notice. In the case of nominating a landmark or district, notice shall be provided by: Ǥ ϐ tion in the City at least once, not more than 30 nor less than 15 days before the date of the public hearing; and Ǥ ϐ ǡ to the application, and to any other person or persons having a direct interest in the subject matter of the hearing.

2.

The City shall submit a description of the designation proposal of a landmark or district or the petition describing the designation proposal to the

ϐ ǡ meets the criteria in Item D below, and may make recommendations concerning the proposal. Any recommendations made by the Iowa State His ϐ viewing during normal working hours at a City government place of public access. The Historic Preservation Commission shall submit the nomination

ϐ tions at least 45 days in advance of the City Council meeting. b. Public Hearingǣ ϐ landmark or district shall be taken at the public hearing from any interested person.

The Historic Preservation Commission may request expert testimony, consider staff reports, or present its own evidence regarding the compliance of the nominated ǡ ǡ ǡ ϐ Item 4 below. The owner of any nominated landmark or district may be represented by counsel, shall be afforded all the due processes of the law including being given the reasonable opportunity to cross-examine expert witnesses. c. Action of Historic Preservation Commission: Within 30 days of the close of the public hearing, the Historic Preservation Commission shall make a determination upon the evidence as to whether the nominated landmark or district meets the criteria for designation. Such determination shall be made in an open meeting by resolution of the Historic Preservation Commission. The Historic Preservation Commission’s recommendation, its supporting documentation, and a recommendation from Iowa ϐ ϐ approval. d. Action of City Council. The City Council shall conduct a public hearing on the ordinance designating the landmark or district. After the public hearing, the City Council shall approve, approve with conditions, or deny the ordinance, or remand the nomination to the Historic Preservation Commission for further consideration. A remanded nomination shall require compliance with the same procedure for designation as set forth above. City Council approval of the ordinance shall constitute designation of the landmark or district. e. Amendment and Rescinding of Designation. A designation may be amended or rescinded upon petition to the Historic Preservation Commission and compliance with the same procedure and according to the same criteria as set forth above for designation. f. Zoning Designation for Districts of Historic Designation: The City of Sioux City may accept petitions to rezone districts of local, regional, or national designation to Historic Area (HA) and its sub-districts.

4. Approval Criteria. The Historic Preservation Commission shall determine the criteria for ap ϐ ǡ include, but is not limited to: a. Consistency with the policies and objectives of the Comprehensive Plan; b. The demonstrated need to preserve the value of property and to protect individual sites or buildings within a historic district from inappropriate and harmful development, ϐ ǡ ǡ tecture, or information in history; and Ǥ ϐ acter of the community and its assets.

5. Decision. The Historic Preservation Commission shall recommend and the City Council shall approve, approve with conditions, or deny the designation of a historic property or district.

6. . In accordance with this Subsection, no designation of a historic property or district shall become effective unless and until the Historic Preservation Commission has conducted a public hearing, deliberated the merits of designation, and submitted its report and ϐ and nay vote has been taken on the designation by the City Council. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϵϬ͘ϭϵ >ŽĐĂů EŽŵŝŶĂƟŽŶ ƚŽ EĂƟŽŶĂů ZĞŐŝƐƚĞƌ ŽĨ ,ŝƐƚŽƌŝĐ WůĂĐĞƐ 1. Generally. The provisions of this Subsection are to be used to locally nominate a historic district ϐ Ǥ 2. Applicability. The Historic Preservation Commission may proceed on its own initiative or upon a petition from any person, group, or association, or upon the request of the City Council to conduct ϐ ϐ for listing a historic district or site in the National Register of Historic Places, as allowed by Subsection 25.06.030.5, Historic Preservation Commission.

3. Procedures. a. Notice: ͳǤ ǡ ϐ sor to the Sioux City Historic Preservation Commission, shall give notice of a public hearing in accordance with the provisions of Subsection 25.06.070.9, Public Notice. In the case of nominating a historic district or site, notice shall be provided by: ʹǤ ϐ City at least once, not more than 30 nor less than 15 days before the date of the public hearing; and ͵Ǥ ϐ ǡ application, and to any other person or persons having a direct interest in the subject matter of the hearing. b. The City shall submit a description of the local nomination proposal of a historic district or site or the petition describing the local nomination proposal to the State Historic ϐ Ǥ ϐ working hours at a City government place of public access. The Historic Preservation Commission shall submit the nomination to the State Historic Preservation ϐ Ͷͷ hearing. c. Public Hearingǣ ϐ inated historic district or site shall be taken at the public hearing from any interested person. The Historic Preservation Commission may request expert testimony, consider staff reports, or present its own evidence regarding the compliance of the ǡ ǡ ǡ ϐ set forth in Item D below. The owner of any nominated historic district or site may be represented by counsel, shall be afforded all the due processes of the law including being given the reasonable opportunity to cross-examine expert witnesses. d. Action of Historic Preservation Commission: Within 30 days of the close of the public hearing, the Historic Preservation Commission shall make a determination upon the evidence as to whether the locally nominated historic district or site meets the criteria for nomination. Such determination shall be made in an open meeting by resolution of the Historic Preservation Commission. The Historic Preservation Commission’s recommendation, its supporting documentation, and a recommenda ϐ ϐ Ǥ e. Amendment and Rescinding of Designation. A local nomination may be amended or rescinded upon petition to the Historic Preservation Commission and compliance with the same procedure and according to the same criteria as set forth for nomination.

4. Approval Criteria. The Historic Preservation Commission shall determine the criteria for local nomination based upon their study, which shall provide that the locally nominated district, site, building, structure, or object: Ǥ ϐ ǡ ǡ ǡ ǡ ǡ state, or community; b. Meets the Secretary of the Interior’s National Register criteria for evaluation and documentation standards to identify important historic and archeological properties worthy of preservation and of consideration in making planning and development decisions; c. Is supported for nomination by the Historic Preservation Commission and the owner of

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the property subject to the application, and any other person or persons having a direct interest in the nomination.

5. Decision. The Historic Preservation Commission shall recommend and the Administrator shall approve, approve with conditions, or deny the local designation of a historic property or district for ϐ ϐ Ǥ 6. . In accordance with this Subsection, no local nomination for listing in the National Register of Historic Places shall become effective unless and until the Historic Preservation Commission has conducted a public hearing, deliberated the merits of designation, and submitted its report and recommendations to the Administrator for nomination to the State Historic Preserva ϐ Ǥ ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϵϬ͘ϮϬ ĚŵŝŶŝƐƚƌĂƟǀĞ ƉƉĞĂůƐ 1. Generally. An appeal may be taken to the Board of Adjustment by any person aggrieved or by ϐ ǡ ǡ ϐ ǡ ǡ ǡ Subchapter 25.06-A, Administrative Bodies.

2. Applicability. a. Appeals of Decisions. The Board of Adjustment shall hear and decide appeals from, and review orders, decisions, determinations, or the failure to act, of the Administra ǡ ϐ ǡ ǡ ǡ ǡ Adjustment shall have the same powers and be subject to the same standards and ϐ ǡ ǡ with respect to any order, decision, or determination being appealed. b. Floodway or Floodplain Appeals. All appeals from, or the interpretation of, the codes and ϐ ϐ of the Board of Adjustment. c. Matters Not Subject to Appeal.

1.

Administrative recommendations to a hearing body are not subject to administrative appeal.

2.

Decisions on administrative appeal are not subject to further administrative appeal (e.g., if an appeal is taken to the Board of Adjustment regarding a decision of the Administrator to deny an application, then the decision of the Board of Adjustment with respect to that appeal is not reviewable by the City Council on a second administrative appeal).

3. Procedures. a. Notice of Appeal. Appeal to the Board of Adjustment shall be taken within 30 days of ϐ ǡ ǡ Ǥ ϐ ǡ lished from time to time by the City Council, shall accompany the notice of appeal.

The Administrator shall transmit to the Board of Adjustment one copy of the notice of appeal together with all papers constituting the record upon which the action appealed from was taken. b. Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action ǡ ϐ ϐ ǡ ϐ ǡ stay would, in his/her opinion, cause imminent peril to life or property. In this case, the proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Adjustment or by the district court on application, upon reasonable written notice to the Administrator and on due cause shown. c. Public Hearing. A public hearing shall be set, advertised, and conducted by the Board of Adjustment in accordance with Subsection 25.06.070.10, Public Meetings and Hearings. d. Action by Board of Adjustment. Within 30 days following the close of the public hearing, the Board of Adjustment shall render a decision on the appeal. Such decision may ǡ ϐ ǡ ǡ taken. Within seven days of such decision, or the expiration of such period, notice of such decision or failure to act shall be mailed by the Administrator to all parties entitled to such notice pursuant to Subsection 25.06.070.9, Public Notice.

4. Approval Criteria. The criteria used by the Board of Adjustment in their decision may include such order or determination as, in the opinion of the Board of Adjustment, is proper to be made on the premises. To that end, the Board of Adjustment shall have the same powers and be subject to the ǡ ϐ ǡ ǡ ǡ with respect to the action being appealed.

5. Decision. Ǥ ϐ fact and deliberations. Such decision may be appealed to District Court. b. Failure of the Board of Adjustment to act within 30 days shall be deemed a denial of the appeal. c. In any case where the notice of appeal is accompanied by an application for variance, as set out in Subsection 25.06.090.24, Variance, the Board of Adjustment shall have the authority to grant, as part of the relief, a variance but only in strict compliance with each provision of Subsection 25.06.090.24, Variance.

6. . In any case where this Code imposes conditions and limitations upon any right, any such right granted by the Board of Adjustment on appeal shall be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϵϬ͘Ϯϭ ƉƉĞĂůƐ ƚŽ ƚŚĞ ŝƚLJ ŽƵŶĐŝů 1. Generally. Appeals from decisions of the Planning and Zoning Commission may be heard by the City Council.

2. Applicability. The City Council may decide appeals of dispositive decisions of the Planning and Zoning Commission which are made during the processing of applications for approvals pursuant to this Code. An asserted error in any order, requirement, permit, decision, determination, refusal, or interpretation made by the Planning and Zoning Commission in interpreting the provisions of this Code may be appealed to the City Council, provided that: a. The action is dispositive with respect to the application or a material part of it; and b. The appeal is not used to address or resolve disputed questions of fact or law in connection with an enforcement action, or to seek relief from an enforcement action.

3. Procedures. a. Notice of Appeal. Appeal to the City Council shall be taken within 10 days of the action ϐ ǡ ǡ Ǥ ϐ ǡ time to time by the City Council, shall accompany the notice of appeal. The Administrator shall transmit to the City Council one copy of the notice of appeal together with all papers constituting the record upon which the action appealed from was taken. b. Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action ap ǡ ϐ ϐ ǡ ϐ ǡ ǡ his/her opinion, cause imminent peril to life or property. In this case, the proceedings shall not be stayed other than by a restraining order, which may be granted by the City Council upon reasonable written notice to the Administrator and on due cause shown. c. Public Hearing. A public hearing shall be set, advertised, and conducted by the City Council in accordance with Subsection 25.06.070.10, Public Meetings and Hearings. d. Action by City Council. Within 30 days following the close of the public hearing, the City Ǥ ǡ ϐ modify, in whole or in part, the action from which the appeal is taken. Within seven days of such decision, or the expiration of such period, notice of such decision or failure to act shall be mailed by the Administrator to all parties entitled to such notice pursuant to Subsection 25.06.070.9, Public Notice.

4. Approval Criteria. The criteria used by the City Council in their decision may include such order or determination as, in the opinion of the City Council, is proper to be made on the premises.

To that end, the City Council shall have the same powers and be subject to the same standards and limitations as the Planning and Zoning Commission with respect to the action being appealed.

5. Decision. Ǥ ϐ Ǥ ϐ Ǥ b. Failure of the City Council to act within 30 days shall be deemed a denial of the appeal. c. In any case where the notice of appeal is accompanied by an application for variance, as set out in Subsection 25.06.090.24, Variance, the Board of Adjustment shall have the authority to grant, as part of the relief, a variance but only in strict compliance with each provision of Subsection 25.06.090.24, Variance.

6. . In any case where this Code imposes conditions and limitations upon any right, any such right granted by the City Council on appeal shall be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϵϬ͘ϮϮ ǀŝŐĂƟŽŶ sĂƌŝĂŶĐĞ 1. Generally. A variance may be granted to owners of land or development for which an avigation easement is required by the City Council, as set out in Subsection 25.02.060.1, Airport Protection (AP) District.

2. Applicability. An avigation easement is required for application to land within the airport hazard area and to all development for which conditions of approval are determined necessary to prevent or mitigate environmental impacts or hazards to navigation associated with the Siouxland Gateway Airport.

3. Procedures. a. Application. Applications for an avigation variance shall be submitted in two duplicate copies to the Administrator. A nonrefundable application fee, as established from time to time by the City Council, shall accompany the application. The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Administrator and shall contain the following information and documentation: 1.

The applicant’s name, address, and interest in the subject property; 2.

The name and address of the owner, if different than the applicant, and the ǯ ϐ Ǣ 3.

The street address, common location, and legal description of the subject property; 4.

The names and addresses of all property owners of record entitled to notice under applicable statutes and provisions of Subsection 25.06.070.9, Public Notice; ͷǤ ϐ Ǣ 6.

Other information and documentation as the Administrator may deem necessary and appropriate to a full and proper consideration and disposition of the application, which may include, but is not limited to: A. A site plan, drawn to a scale of not less than 50 feet to the inch, on one or more sheets, illustrating existing structures and the proposed construction, reconstruction, remodeling, alteration, or moving of buildings or structures, and including: i.

Property boundary lines and dimensions of the property ϐ property; ii.

The location, size, use, and arrangement of proposed buildings and of existing buildings which will remain, if any, including height in stories and feet, where relevant; Ǥ ϐ ϐ Ǣ iv.

Total square feet of ground area coverage.

B. The location, use, and size of buildings or structures and other land uses within 100 feet of the boundaries of the avigation easement; and C. Other information that may be required to be shown on the site plan by the Administrator to determine that the application is in compliance with the standards and requirements of this Code and other ordinances of the City; D. A written statement and evidence supporting the nature and reason for the requested variance, which articulates the following: i.

A description of the exceptional conditions that create an undue hardship on the property and its uniqueness relative to other, similar properties within the avigation easement or airport hazard area; Ǥ ϐ property is disturbed by imposition of the avigation easement thereby warranting a variance; iii.

The characteristics of the subject property which prevent compliance with the the requirements of this Code; iv.

The minimum variance necessary and requested to permit the proposed use or construction; and Ǥ ǡ ϐ ǡ fair return that would result if the avigation easement requirements are applied to the subject property.

E. Other information and documentation as the Board of Adjustment may deem necessary or appropriate to a full and proper consideration and disposition of the particular application. b. Action by Administrator. Upon receipt of a completed application, the Administrator shall refer it to the Board of Adjustment for hearing and decision. c. Public Hearing. A public hearing shall be set, advertised, and conducted by the Board of Adjustment as set out in Subsection 25.06.070.10, Public Meetings and Hearings. d. Action by Board of Adjustment. See Item 5, Decision, below. e. Action by Applicant. Whenever any variance pursuant to this Code is made subject to conditions to be met by the applicant, the applicant shall upon meeting such condi ϐ ϐ Ǥ ϐ Ǥ ϐ able fee, as established from time to time by the City Council, to verify that such Ǥ ϐ tions within the stated timeframe will revoke the original request.

4. Approval Criteria. The Board of Adjustment may grant a variance only when it is demonstrated that: Ǥ ϐ of the City, the purposes or intent set out in this Code, or with Chapter 329, Airport Zoning, of the Iowa Code; b. There are exceptional conditions that create an undue hardship, applicable only to the

29

property involved, or the intended use thereof, which do not generally apply to the other land areas or uses within the airport hazard area of the limits of the applicable avigation easement; c. The applicant cannot derive a reasonable use of the property without approval of a variance; d. Granting the variance will not generally set a precedent for other applications (which would indicate that a text amendment to this Code should be proposed and considered instead); e. Granting the variance will not be detrimental to the operations of the Siouxland Gateway Airport; and f. Granting the variance will not be detrimental to public health, safety, or welfare.

5. Decision. The Board of Adjustment shall render its decision granting or denying the avigation variance after closing the public hearing. However, if a majority of the Board of Adjustment requests additional information, the decision may be delayed until the next regularly scheduled meeting of the Board of Adjustment. After the Board of Adjustment has rendered a decision to grant an avigation variance, the decision shall be sent to the City Council for its review. When a decision to grant an avigation variance has been sent to the City Council, the effective date of that variance will be either the day following the City Council meeting at which the avigation variance was on the City Council’s agenda and the City Council did nor remand the decision back to the Board of Adjustment ϐ ance after the City Council remands the decision back to the Board of Adjustment for further study.

Variances remanded back to the Board of Adjustment for further study shall be considered at the next regularly scheduled meeting of the Board of Adjustment. a. The Board of Adjustment shall decide the merits of the variance based on the approval ϐ Ǥ to District Court. Ǥ ϐ struction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this Code as considered necessary to prevent injurious effects upon other property and improvements in the vicinity or upon public facilities and services. Such conditions shall be expressly set out in the resolution granting the variance and in the notice informing the applicant thereof and in any permit based thereon. Violation of such conditions and safeguards shall be a violation of this Code. c. A variance less or different than that requested may be granted when the record supports the applicant’s right to some relief but not to the relief requested. d. Failure of the Board of Adjustment to act within 30 days shall be deemed a denial of the appeal. e. Within seven days following such decision or the expiration of such period, the Administrator shall mail notice of such decision or failure to act to all persons entitled to such notice pursuant to Subsection 25.06.070.9, Public Notice.

6. . a. The issuance of a variance shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of ǡ ǡ ϐ ǡ processing of an application for any permits or approvals which may be required ǡ ǡ ǡ ǡ ϐ ǡ and subdivision approval. b. No variance of the provisions of this Code shall be valid for a period longer than nine months unless a building permit is issued and construction is actually begun within ǡ ǡ ϐ cate of occupancy is issued and a use commenced within such period. Ǥ ϐ by the City Council, the action in certiorari will take priority over the review by the City Council and the City Council will not review the variance. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϬϵϬ͘Ϯϯ ^ŝŐŶ sĂƌŝĂŶĐĞ 1. Generally. Variances to Subchapter 25.05-C, Signs, may be granted by the Board of Adjustment only if the standards of this Subsection are met. An applicant may seek a sign variance when it is apparent that the requested relief is necessary for processing the application.

2. Applicability. a. Warrant. Except for instances relating to signs located or proposed to be located on public property, which is within the jurisdiction of the City, any person who has been ordered by the Administrator or Building and Inspections Administrator to alter or remove a sign, or any person whose sign permit application has been denied, may request a variance from the Board of Adjustment by serving written notice to the Administrator. Such variance request to the Board of Adjustment shall be on ϐ ǡ the Administrator or Building and Inspections Administrator shall take no further ϐ justment has been rendered, unless the Administrator or Building and Inspections ϐ ǡ ǡ ǡ ǡ sign presents an immediate and serious danger to the public, in which case the Administrator or Building and Inspections Administrator shall proceed immediately as provided in this Subsection. b. Matters Subject to Variance. The Board of Adjustment may grant variances concerning the height and setback of signs, the period for removal of nonconforming signs, the maximum sign area, the maximum number of signs, the removal of prohibited ǡ ϐ ǡ if the following determinations have been made: 1.

The appeal falls within the jurisdiction of the Board of Adjustment; ʹǤ ϐ Ǣ 3.

That the granting of the variance would not have the effect of applying sign standards from a less restrictive zone; 4.

That the property cannot be reasonably used in conformity with the provisions of this Subchapter 25.05-C, Signs; ͷǤ ϐ is not common to all properties similarly situated; 6.

That balancing the interest of the City is preserving the purpose of this Subsection or the interest of nearby properties against the interest of the applicant in using this property as proposed to be used, the granting of the variance is required by considerations of justice and equity.

3. Procedures. a. Application. Applications for a sign variance shall be submitted in two duplicate copies to the Administrator. A nonrefundable application fee, as established from time to time by the City Council, shall accompany the application. The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Administrator and shall contain the following information and documentation: 1.

The applicant’s name, address, and interest in the subject property; 2.

The name and address of the owner, if different than the applicant, and the ǯ ϐ Ǣ 3.

The street address, common location, and legal description of the subject property; 4.

The names and addresses of all property owners of record entitled to notice under applicable statutes and provisions of Subsection 25.06.070.9, Public Notice; ͷǤ ϐ Ǣ 6.

Other information and documentation as the Administrator may deem necessary and appropriate to a full and proper consideration and disposition of the application, which may include, but is not limited to: A. A site plan, drawn to a scale of not less than 50 feet to the inch, on one or more sheets, illustrating existing structures and the existing and proposed location of the sign that is the subject of the application, and including: i.

Property boundary lines and dimensions of the property ϐ property; ii.

The location of all existing and proposed/approved street access points, private drives, and street rights-of-way, and all sight distance clear areas; iii.

The location of the nearest pavement edge of a public street; iv.

Location and size of existing and proposed trees within 40 feet of the proposed sign; v.

Location of all existing easements;Location of all existing and proposed freestanding signage on the site, including sign kiosks; vi.

Location of all existing and proposed attached signage on the buildings, facades, fascia, parapet walls, windows, canopies, and/or awnings that will have signage; vii.

Dimensions and heights of all existing, approved, and proposed freestanding signage; and viii.

Dimensions and heights of all existing, approved, and proposed attached signs, and calculations regarding sign area.

B. Design elevations or a design theme with illustrative examples of each sign type and the proposed general locations of each sign type, to include: i.

Materials and colors; ii.

For freestanding signs, proposed landscaping around the base of the sign; Ǥ ǡ ϐ ȋ annotation regarding internal lighting) and proposed illumination levels); and iv.

Maximum number of items of information per sign face.

C. A written statement and evidence supporting the nature and reason for the requested variance, which articulates the following: i.

A description of the exceptional conditions that create an undue hardship on the property and its uniqueness relative to other, similar properties in the district or general vicinity; ii.

Validation of the position that reasonable use of the property is disturbed by imposition of the sign standard warranting a variance; iii.

The characteristics of the subject property or sign which prevent compliance with the the requirements of this Code; iv.

The minimum variance necessary and requested to permit ϐ Ǣ Ǥ ǡ ϐ ǡ fair return that would result if the sign regulations are applied to the subject property.

D. Other information and documentation as the Board of Adjustment may deem necessary or appropriate to a full and proper consideration and disposition of the particular application. b. Action by Administrator. Upon receipt of a completed application, the Administrator shall refer it to the Board of Adjustment for hearing and decision. c. Public Hearing. A public hearing shall be set, advertised, and conducted by the Board of Adjustment as set out in Subsection 25.06.070.10, Public Meetings and Hearings. d. Action by Board of Adjustment. See Item 5, Decision, below. e. Action by Applicant. Whenever any variance pursuant to this Code is made subject to conditions to be met by the applicant, the applicant shall upon meeting such condi ϐ ϐ Ǥ ϐ Ǥ ϐ able fee, as established from time to time by the City Council, to verify that such Ǥ ϐ tions within the stated timeframe will revoke the original request.

4. Approval Criteria. The Board of Adjustment may grant a variance only when it is demonstrated that: Ǥ ϐ cies of the City, or the purposes or intent set out in this Code; b. There are exceptional conditions creating an undue hardship, applicable only to the property involved, or the intended use thereof, which do not generally apply to the other land areas or uses within the same district or the general vicinity; c. The applicant cannot derive a reasonable use of the property without approval of a sign variance; d. Granting the sign variance will not generally set a precedent for other applications (which would indicate that a text amendment to this Code should be proposed and considered instead); e. Granting the sign variance will not be detrimental to any adjacent properties or the area; and f. Granting the sign variance will not be detrimental to public health, safety, or welfare.

5. Decision. The Board of Adjustment shall render its decision granting or denying the sign variance after closing the public hearing. However, if a majority of the Board of Adjustment requests additional information, the decision may be delayed until the next regularly scheduled meeting of the Board of Adjustment. After the Board of Adjustment has rendered a decision to grant a sign variance, the decision shall be sent to the City Council for its review. When a decision to grant a variance has been sent to the City Council, the effective date of that variance will be either the day following the City Council meeting at which the sign variance was on the City Council’s agenda and the City Council did nor remand the decision back to the Board of Adjustment for further study or the day the ϐ the decision back to the Board of Adjustment for further study. Variances remanded back to the Board of Adjustment for further study shall be considered at the next regularly scheduled meeting of the Board of Adjustment. a. The Board of Adjustment shall decide the merits of the variance based on the approval ϐ Ǥ to District Court. Ǥ ϐ struction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this Code as considered necessary to prevent injuri-

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ous effects upon other property and improvements in the vicinity or upon public facilities and services. Such conditions shall be expressly set out in the resolution granting the variance and in the notice informing the applicant thereof and in any permit based thereon. Violation of such conditions and safeguards shall be a violation of this Code. c. A variance less or different than that requested may be granted when the record supports the applicant’s right to some relief but not to the relief requested. d. Failure of the Board of Adjustment to act within 30 days shall be deemed a denial of the appeal. e. Within seven days following such decision or the expiration of such period, the Administrator shall mail notice of such decision or failure to act to all persons entitled to such notice pursuant to Subsection 25.06.070.9, Public Notice.

6. ˆˆ‡…– ‘ˆ ƒ”‹ƒÂ?…‡. a. The issuance of a variance shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of ƒÂ?› „—‹Ž†‹Â?‰ ‘” •–”—…–—”‡ǥ „—– •ŠƒŽŽ Â?‡”‡Ž› ƒ—–Š‘”‹œ‡ –Š‡ ’”‡’ƒ”ƒ–‹‘Â?ÇĄ Ď?‹Ž‹Â?‰ǥ ƒÂ?† processing of an application for any permits or approvals which may be required „› –Š‡ ‹–›ǥ ‹Â?…Ž—†‹Â?‰ǥ „—– Â?‘– Ž‹Â?‹–‡† –‘ǥ ƒ „—‹Ž†‹Â?‰ ’‡”Â?‹–ǥ …‡”–‹Ď?‹…ƒ–‡ ‘ˆ ‘……—’ƒÂ?…›ǥ and subdivision approval. b. No variance of the provisions of this Code shall be valid for a period longer than nine months unless a building permit is issued and construction is actually begun within –Šƒ– ’‡”‹‘†ǥ ƒÂ?† ‹• –Š‡”‡ƒˆ–‡” †‹Ž‹‰‡Â?–Ž› ’—”•—‡† –‘ …‘Â?’Ž‡–‹‘Â?ÇĄ ‘” —Â?Ž‡•• ƒ …‡”–‹Ď?‹cate of occupancy is issued and a use commenced within such period. …Ǥ ˆ ƒÂ? ƒ…–‹‘Â? ˆ‘” …‡”–‹‘”ƒ”‹ ‹• Ď?‹Ž‡† ™‹–Š –Š‡ ‹•–”‹…– ‘—”– ™Š‹Ž‡ ƒ ˜ƒ”‹ƒÂ?…‡ ‹• —Â?†‡” ”‡˜‹‡™ by the City Council, the action in certiorari will take priority over the review by the City Council and the City Council will not review the variance. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜ĎŹĎľĎŹÍ˜ĎŽĎ° sÄ‚ĆŒĹ?Ä‚ĹśÄ?Äž 1. Generally. The variance procedure is intended to provide a means by which relief may be granted from unforeseen applications of this Code which create unnecessary hardships or practical †‹ˆĎ?‹…—Ž–‹‡•Ǥ Â?Ž› ™Š‡Â? •—…Š Šƒ”†•Š‹’• ‘” †‹ˆĎ?‹…—Ž–‹‡• ƒ”‡ Â?‘– ƒ’’”‘’”‹ƒ–‡ ˆ‘” ”‡Â?‡†› ’—”•—ƒÂ?– –‘ other provisions of this Code is the variance procedure set out in this Subsection appropriate.

2. Applicability. a. The Board of Adjustment may authorize such variances as will not be contrary to the spirit of this Code; are consistent with the interests of public health, safety, and welfare; and where there is substantial justice for the applicant and owners, as well as the residents of surrounding properties. Variances may be authorized only in accordance with the conditions enumerated in Item 4, Approval Criteria, below, and then only in compliance with the procedures of this Subsection. „Ǥ Â? ƒ’’Ž‹…ƒ–‹‘Â? ˆ‘” ƒ ˜ƒ”‹ƒÂ?…‡ Â?ƒ› „‡ Ď?‹Ž‡† „› –Š‡ ‘™Â?‡” Â‘ÂˆÇĄ ‘” ƒÂ?› ‘–Š‡” ’‡”•‘Â? Šƒ˜‹Â?‰ ƒ contractual interest in, the subject property. c. Some variances are not within the jurisdiction of the Board of Adjustment and are therefore, not subject to this Subsection. These variances are: 1.

Building code variances (variances to the requirements of adopted standardized building codes and amendments to such codes that are adopted by the City and amended from time to time), which are subject to the requirements of Title 20, Buildings and Construction, of the Municipal Code, or where the such Title is silent, the adopted standardized code.

2.

Variances from the terms of one or more conditions of approval imposed by a development review body described in Subchapter 25.06-A, Administrative BodiesǤ ‘†‹Ď?‹…ƒ–‹‘Â?• –‘ …‘Â?†‹–‹‘Â?• ‘ˆ ƒ’’”‘˜ƒŽ •ŠƒŽŽ „‡ •‘—‰Š– ˆ”‘Â? –Š‡ body that granted the approval.

3.

Variances that would have the effect of making existing nonconforming or illegal construction (buildings and structures), site improvements, parking, signage, lighting, or landscaping conforming. Nonconforming situations are subject to the requirements of Subchapter 25.06-C, Nonconformities.

4.

Variances that would allow a use in a district in which the use is prohibited or which would constitute a change in district boundaries; 5.

Variances used to modify any requirements that are set out in Subchapter 25.02-D, Conditional and Limited Uses; and 6.

Variances used to vary state or federal laws or regulations unless such authority is expressly granted to the City. d. Variances that are prohibited include those that: 1.

Would allow any use or development in a Neighborhood Conservation (NC) sub-district, or in the Rural Residential (RR), Suburban Residential (SR), General Residential (GR), or Urban Residential (UR) districts which is not permitted as-of-right by the use regulations applicable in such districts, as set out in Subchapter 25.02-C, Land Uses; 2.

Would allow a prohibited industrial use or development in the Mixed Use (MU), Suburban Commercial (SC), General Commercial (GC), or Downtown Commercial (DC) districts which is not permitted as-of-right by the use regulations applicable in such districts, as set out in Subchapter 25.02-C, Land Uses; 3.

Would allow any use or development in the Business Park (BP) or General Industrial (GI) districts which is not permitted as-of-right by the use regulations applicable in such districts, as set out in Subchapter 25.02-C, Land Uses; 4.

Would allow creation of a lot or parcel that cannot be developed in compliance with this Code or other ordinances of the City; 5.

Are intended as a temporary measure only; and 6.

Are greater than the minimum variance necessary to relieve the practical †‹ˆĎ?‹…—Ž–›ǥ —Â?Â?‡…‡••ƒ”› ÂŠÂƒÂ”Â†Â•ÂŠÂ‹Â’ÇĄ ‘” Žƒ…Â? ‘ˆ ˆƒ‹” ”‡–—”Â? †‡Â?‘Â?•–”ƒ–‡† „› –Š‡ applicant.

3. Procedures. a. Application. Applications for a variance shall be submitted in two duplicate copies to the Administrator. A nonrefundable application fee, as established from time to time by the City Council, shall accompany each application. The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Administrator and shall contain the following information and documentation: 1.

The applicant’s name, address, and interest in the subject property; 2.

The name and address of the owner, if different than the applicant, and the ‘™Â?‡”ǯ• •‹‰Â?‡† …‘Â?•‡Â?– –‘ –Š‡ ƒ’’Ž‹…ƒ–‹‘Â? Ď?‹Ž‹Â?‰Ǣ 3.

The street address, common location, and legal description of the subject property; 4.

The names and addresses of all property owners of record entitled to notice under applicable statutes and provisions of Subsection 25.06.070.9, Public Notice; ͡Ǥ Š‡ ’”‡•‡Â?– —•‡ ƒÂ?† œ‘Â?‹Â?‰ …Žƒ••‹Ď?‹…ƒ–‹‘Â? ‘ˆ –Š‡ •—„Œ‡…– ’”‘’‡”–›Ǣ 6.

Other information and documentation as the Administrator may deem necessary and appropriate to a full and proper consideration and disposition of the application, which may include the following: A. A site plan, drawn to a scale of not less than 50 feet to the inch, on one or more sheets, illustrating existing structures and the proposed construction, reconstruction, remodeling, alteration or moving, and including the following: i.

Property boundary lines and dimensions of the property ƒÂ?† ƒÂ?› •‹‰Â?‹Ď?‹…ƒÂ?– –‘’‘‰”ƒ’Š‹… ‘” ’Š›•‹…ƒŽ ˆ‡ƒ–—”‡• ‘ˆ –Š‡ property; ii.

The location, size, use, and arrangement of proposed and existing buildings, if any, including height in stories and ÂˆÂ‡Â‡Â–ÇĄ ™Š‡”‡ ”‡Ž‡˜ƒÂ?–Ǣ Ď?Ž‘‘” ƒ”‡ƒ Â”ÂƒÂ–Â‹Â‘Ç˘ –‘–ƒŽ Ď?Ž‘‘” ÂƒÂ”Â‡ÂƒÇ˘ –‘–ƒŽ square feet of ground area coverage; and number of dwelling units; iii.

Minimum yard dimensions and, where relevant, relation of yard dimensions to the height of any building or structure; iv.

Location, dimensions, and number of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles; and total lot coverage of all parking, loading, driveway and aisle areas; v.

Location and height of fences or screen plantings and the type or kind of building materials or plantings to be used for buffering; vi.

Location, designation, and total area of all usable open space; vii.

The location, use, and size of structures and other land uses within 100 feet of the boundaries of the subject property; and viii.

Any other information that may be required to be shown on the site plan by the Administrator to determine that the application is in compliance with this Code and other ordinances of the City.

7.

A written statement and evidence supporting the nature and reason for the requested variance, which articulates the following: A. A description of the exceptional conditions that create an undue hardship on the property and its uniqueness relative to other, similar properties within the district and the general vicinity; Ǥ —•–‹Ď?‹…ƒ–‹‘Â? ‘ˆ –Š‡ ’‘•‹–‹‘Â? –Šƒ– ”‡ƒ•‘Â?ƒ„Ž‡ —•‡ ‘ˆ –Š‡ ’”‘’‡”–› ‹• disturbed by imposition of the standards or regulations warranting a variance; C. The characteristics of the subject property which prevent compliance with the the requirements of this Code; D. The minimum variance necessary and requested to permit the proposed use or construction; and Ǥ Š‡ —Â?Â?‡…‡••ƒ”› ÂŠÂƒÂ”Â†Â•ÂŠÂ‹Â’ÇĄ ’”ƒ…–‹…ƒŽ †‹ˆĎ?‹…—Ž–›ǥ ‘” Žƒ…Â? ‘ˆ ˆƒ‹” ”‡–—”Â? that would result if the standards and regulations are applied to the subject property.

8.

Such other and further information and documentation as the Board of Adjustment may deem necessary or appropriate to a full and proper consideration and disposition of the particular application. b. Action by Administrator. Upon receipt of a completed application, the Administrator shall refer it to the Board of Adjustment for hearing and decision. c. Public Hearing. A public hearing shall be set, advertised, and conducted by the Board of Adjustment as set out in Subsection 25.06.070.10, Public Meetings and Hearings. d. Action by Board of Adjustment. See Item 5, Decision, below. e. Action by Applicant. Whenever any variance pursuant to this Code is made subject to conditions to be met by the applicant, the applicant shall upon meeting such condi–‹‘Â?• Ď?‹Ž‡ ƒÂ? ƒˆĎ?‹†ƒ˜‹– ™‹–Š –Š‡ †Â?‹Â?‹•–”ƒ–‘” •–ƒ–‹Â?‰ •—…Š …‘Â?’Ž‹ƒÂ?…‡Ǥ Š‡ ƒ’’Ž‹…ƒÂ?– •ŠƒŽŽ Šƒ˜‡ –™‘ ›‡ƒ”• ˆ”‘Â? –Š‡ †ƒ–‡ ‘ˆ ˜ƒ”‹ƒÂ?…‡ ƒ’’”‘˜ƒŽ –‘ •—„Â?‹– –Š‡ ƒˆĎ?‹†ƒ˜‹– ‘ˆ …‘Â?’Ž‹ƒÂ?…‡ ™‹–Š …‘Â?†‹–‹‘Â?•Ǥ —…Š ƒˆĎ?‹†ƒ˜‹– •ŠƒŽŽ „‡ ƒ……‘Â?’ƒÂ?‹‡† „› ƒ Â?‘Â?”‡ˆ—Â?†able fee, as established from time to time by the City Council, to verify that such …‘Â?†‹–‹‘Â?• Šƒ˜‡ „‡‡Â? Â?‡–Ǥ ƒ‹Ž—”‡ –‘ •—„Â?‹– –Š‡ ƒˆĎ?‹†ƒ˜‹– ‘ˆ …‘Â?’Ž‹ƒÂ?…‡ ™‹–Š …‘Â?†‹tions within the stated timeframe will revoke the original request.

4. Approval Criteria. a. Authority of Board of Adjustment. The Board of Adjustment may authorize variances from the terms of this Code as will not be contrary to the public interest and will better carry out the intent of, rather than strict adherence to, this Code in instances ™Š‡”‡ ƒ Ž‹–‡”ƒŽ ‡Â?ˆ‘”…‡Â?‡Â?– ‘ˆ –Š‡ ‘†‡ ™‹ŽŽ ”‡•—Ž– ‹Â? ’”ƒ…–‹…ƒŽ †‹ˆĎ?‹…—Ž–‹‡• ‘” ƒÂ? unnecessary hardship. The Board of Adjustment may exercise its authority where –Š‡ Šƒ”†•Š‹’ ‹• •—ˆĎ?‹…‹‡Â?–Ž› …‘Â?’‡ŽŽ‹Â?‰ –Š‡”‡„› ™ƒ””ƒÂ?–‹Â?‰ –Š‡ Â?‹Â?‹Â?—Â? ˜ƒ”‹ƒÂ?…‡ necessary to observe the intent of the Code while substantial justice is achieved. b. Obligation of Applicant. It is the obligation of an applicant, who bears the burden of proof, to present facts about the circumstances which would justify a variance in convincing fashion so that the decision-making authorities (e.g., Board of AdjustÂ?‡Â?–ǥ ‹–› ‘—Â?…‹Žǥ ‘” †Â?‹Â?Â‹Â•Â–Â”ÂƒÂ–Â‘Â”ČŒ Â?ƒ› „‡ •ƒ–‹•Ď?‹‡† –Šƒ– –Š‡ ”‡“—‡•– ‹• Â?‘– ‹Â?jurious to the public health, safety, and general welfare, and that the effect of the variance will not negatively impact the immediate or general environs of the City. A variance shall not be granted unless the applicant establishes the existence of each of the following conditions: 1.

Granting the variance would not be contrary to the public interest, meaning the applicant must demonstrate that the variance will not: A. Adversely impact the land on which the variance is requested or impact the surrounding properties; B. Substantially increase the congestion of buildings, people, or motor vehicles; C. Endanger the public health or safety, or otherwise be materially detrimental to the welfare of nearby neighbors or the public at large; D. Unduly tax public utilities or governmental services; or E. Materially be injurious to the enjoyment, use, development, or value of the property in the vicinity.

2.

The applicant will suffer an undue and unnecessary hardship if forced to obey the strict interpretations of this Code, meaning the applicant must demonstrate each of the following: A. The land in question cannot yield a reasonable return if used for its present use or developed, redeveloped, or used in any other manner permitted or specially permitted by this Code (and not prohibited by any other applicable law) in the district in which said lot or parcel is located. Failure to yield a reasonable return may be shown by proof that the owner has been deprived of all reasonable „‡Â?‡Ď?‹…‹ƒŽ ‘” ’”‘†—…–‹˜‡ —•‡ ‘ˆ –Š‡ ŽƒÂ?† ‹Â? “—‡•–‹‘Â?Ǥ ÂŽÂŽ „‡Â?‡Ď?‹…‹ƒŽ use is said to have been lost where the land is not suitable for any use permitted by this Code. Examples of this requirement are as follows: i.

Where land is located in a district limited to residential or commercial use, and where lack of transportation, sparse development, and the refusal of lending institutions to advance money for residential or commercial uses render development consistent with the ordinance infeasible, unnecessary hardship is said to result from literal application of the ordinance; and

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ii.

Where the land in issue has so changed that the uses for which it was originally zoned are no longer feasible. It is Â?‘– •—ˆĎ?‹…‹‡Â?– Â?‡”‡Ž› –‘ •Š‘™ –Šƒ– –Š‡ ˜ƒŽ—‡ ‘ˆ –Š‡ ŽƒÂ?† has been depreciated by the regulations or that a variance ™‘—Ž† ’‡”Â?‹– –Š‡ ‘™Â?‡” –‘ Â?ƒ‹Â?–ƒ‹Â? ƒ Â?‘”‡ ’”‘Ď?‹–ƒ„Ž‡ —•‡Ǥ B. The plight of the owner is due to a unique physical condition inherent in the property itself and not to the general conditions in –Š‡ Â?‡‹‰Š„‘”Š‘‘†ǥ ™Š‹…Š Â?ƒ› ”‡Ď?Ž‡…– –Š‡ —Â?”‡ƒ•‘Â?ƒ„Ž‡Â?॥ ‘ˆ –Š‡ ‘†‡ ‹–•‡ŽˆǤ Š‡ ‘ƒ”† ‘ˆ †Œ—•–Â?‡Â?– •ŠƒŽŽ Â?‘– Ď?‹Â?† ‹Â? –Š‡ ƒ’’Ž‹cant’s favor on this element if the evidence demonstrates that any offered unique physical condition was created by the applicant’s own actions, or that there is no casual connection between the owner’s plight and the unique physical condition offered to the board.

C. The use or development to be authorized by the variance will not alter the essential character of the neighborhood.

3.

The variance would not result in a use or development of the lot or parcel in question which would not be in harmony with the general purpose and intent of this Code, the Comprehensive Plan, or the City’s development policies.

5. Decision. The Board of Adjustment shall render its decision granting or denying the variance after closing the public hearing. However, if a majority of the Board of Adjustment requests additional information, the decision may be delayed until the next regularly scheduled meeting of the Board of Adjustment. After the Board of Adjustment has rendered a decision to grant a variance, the decision shall be sent to the City Council for its review. When a decision to grant a variance has been sent to the City Council, the effective date of that variance will be either the day following the City Council meeting at which the variance was on the City Council’s agenda and the City Council did nor remand the decision back to the Board of Adjustment for further study or the day the Board of Adjustment Šƒ• Â?ƒ†‡ ƒ Ď?‹Â?ƒŽ †‡…‹•‹‘Â? ‘Â? –Š‡ ˜ƒ”‹ƒÂ?…‡ ƒˆ–‡” –Š‡ ‹–› ‘—Â?…‹Ž ”‡Â?ƒÂ?†• –Š‡ †‡…‹•‹‘Â? „ƒ…Â? –‘ –Š‡ Board of Adjustment for further study. Variances remanded back to the Board of Adjustment for further study shall be considered at the next regularly scheduled meeting of the Board of Adjustment. a. The Board of Adjustment shall decide the merits of the variance based on the approval …”‹–‡”‹ƒ ƒÂ?† –Š‡‹” Ď?‹Â?†‹Â?‰• ‘ˆ ˆƒ…– ƒÂ?† †‡Ž‹„‡”ƒ–‹‘Â?•Ǥ „Ǥ Š‡ ‘ƒ”† ‘ˆ †Œ—•–Â?‡Â?– Â?ƒ› ‹Â?’‘•‡ •’‡…‹Ď?‹… …‘Â?†‹–‹‘Â?• ƒÂ?† •ƒˆ‡‰—ƒ”†• ”‡Žƒ–‹Â?‰ –‘ …‘Â?struction, character, location, landscaping, screening, and other matters relating to the purposes and objectives of this Code as considered necessary to prevent injurious effects upon other property and improvements in the vicinity or upon public facilities and services. Such conditions shall be expressly set out in the resolution granting the variance and in the notice informing the applicant thereof and in any permit based thereon. Violation of such conditions and safeguards shall be a violation of this Code. c. A variance less or different than that requested may be granted when the record supports the applicant’s right to some relief but not to the relief requested. d. Failure of the Board of Adjustment to act within 30 days shall be deemed a denial of the appeal. e. Within seven days following such decision or the expiration of such period, the Administrator shall mail notice of such decision or failure to act to all persons entitled to such notice pursuant to Subsection 25.06.070.9, Public Notice.

6. ˆˆ‡…– ‘ˆ ƒ”‹ƒÂ?…‡. a. The issuance of a variance shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of ƒÂ?› „—‹Ž†‹Â?‰ ‘” •–”—…–—”‡ǥ „—– •ŠƒŽŽ Â?‡”‡Ž› ƒ—–Š‘”‹œ‡ –Š‡ ’”‡’ƒ”ƒ–‹‘Â?ÇĄ Ď?‹Ž‹Â?‰ǥ ƒÂ?† processing of an application for any permits or approvals which may be required „› –Š‡ ‹–›ǥ ‹Â?…Ž—†‹Â?‰ǥ „—– Â?‘– Ž‹Â?‹–‡† –‘ǥ ƒ „—‹Ž†‹Â?‰ ’‡”Â?‹–ǥ …‡”–‹Ď?‹…ƒ–‡ ‘ˆ ‘……—’ƒÂ?…›ǥ and subdivision approval. b. No variance of the provisions of this Code shall be valid for a period longer than nine months unless a building permit is issued and construction is actually begun within –Šƒ– ’‡”‹‘†ǥ ƒÂ?† ‹• –Š‡”‡ƒˆ–‡” †‹Ž‹‰‡Â?–Ž› ’—”•—‡† –‘ …‘Â?’Ž‡–‹‘Â?ÇĄ ‘” —Â?Ž‡•• ƒ …‡”–‹Ď?‹cate of occupancy is issued and a use commenced within such period. …Ǥ ˆ ƒÂ? ƒ…–‹‘Â? ˆ‘” …‡”–‹‘”ƒ”‹ ‹• Ď?‹Ž‡† ™‹–Š –Š‡ ‹•–”‹…– ‘—”– ™Š‹Ž‡ ƒ ˜ƒ”‹ƒÂ?…‡ ‹• —Â?†‡” ”‡˜‹‡™ by the City Council, the action in certiorari will take priority over the review by the City Council and the City Council will not review the variance. ^h , Wd Z ĎŽĎąÍ˜ĎŹĎ˛Í˛ EKE KE&KZD/d/ ^ Sec. 25.06.100 Purposes 1. Generally. The City includes areas that have been developed for many years. Therefore, applying new regulations to existing development will create situations in which existing lot dimensions, development density or intensity, land uses, open spaces, buildings, structures, landscaping and screening, buffering, parking and loading areas, or signs do not strictly comply with the new requirements, even though they complied with the regulations at the time they were permitted and constructed. The fact that these nonconformities were at one time conforming means that they are now considered “legally nonconformingâ€? and therefore, will be permitted to continue without imÂ?‡†‹ƒ–‡ ”‡–”‘Ď?‹– —Â?–‹Ž •‹‰Â?‹Ď?‹…ƒÂ?– •‹–‡ ‘” —•‡ …ŠƒÂ?‰‡• ƒ”‡ ’”‘’‘•‡†Ǥ Š‹• ‡…–‹‘Â? •‡–• ‘—– ˆƒ‹” ”—Ž‡• ˆ‘” whether, when, and how the regulations of this Code apply to existing development.

2. Conversion of Nonconformities. Generally, nonconforming uses, buildings, structures, and signs are not permitted to be enlarged, expanded, increased, nor be used as grounds for adding other structures or uses that are now prohibited in the same zoning district. In these instances, this Section provides standards by which minor nonconforming uses can be made “conforming� through a public hearing process. Nonconforming buildings and structures may be made conforming with a variance process, but only if all standards for variances are met.

3. Reduction of Nonconformities. It is the policy of the City to encourage reinvestments in property that increase its value and utility and improve its quality and character. Since bringing a developed parcel into full compliance with this Code may involve substantial cost (which could discourage reinvestment), this Section provides a set of thresholds for determining when new construction ‘” Â?‘†‹Ď?‹…ƒ–‹‘Â?• –‘ †‡˜‡Ž‘’Â?‡Â?– –”‹‰‰‡” ƒ ”‡“—‹”‡Â?‡Â?– ˆ‘” Â?‡‡–‹Â?‰ –Š‡ ˜ƒ”‹‘—• •–ƒÂ?†ƒ”†• ‘ˆ –Š‹• Code.

4. Â?Žƒ™ˆ—Ž •‡•ǥ —‹Ž†‹Â?‰•ǥ –”—…–—”‡•ǥ ‘” ‹‰Â?•Ǥ This Section does not authorize or legitimize uses, buildings, structures, or signs that are not “legally nonconformingâ€? but instead remain “unlawfulâ€?, and are subject to all the provisions of this Code (including enforcement provisions) and any other applicable law. Likewise, this Section does not legitimize unlawful subdivisions of property that may have occurred before the effective date of this Code. ^ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜Ď­Ď­ĎŹ ƉƉůĹ?Ä?Ä‚Ć&#x;ŽŜ 1. Generally. This Section applies to uses, buildings, structures, lighting, landscaping and screening, bufferyards, signs, parking and loading, site access, site improvements, and lots that were lawfully constructed or established, but do not conform to the requirements of this Code.

2. š…‡’–‹‘Â?• –‘ –Š‹• ‡…–‹‘Â?Ǥ a. Maintenance. This Section does not exempt property owners from ongoing maintenance requirements, including, but not limited to, the maintenance of landscaping and screening, bufferyard plantings or structures, parking lots (e.g., upkeep of paving and striping), and drainage structures and systems (see Subsection 25.06.130.4, ‡’ƒ‹”• ƒÂ?† Â‘Â†Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â?•). b. Eminent Domain; Governmental Acquisition. Any nonconforming structure or land expressly created or caused by a conveyance of privately-owned land to a federal, state, or local government to serve a public purpose is conforming for the purposes of this Code, and is not subject to the limitation of this Division. This exemption applies only in cases where private land is obtained by a governmental entity for a public purpose, through condemnation, threat of condemnation, or which otherwise creates a nonconforming situation in the remaining parcel in terms of setback, lot size, or other standards of this Code. This exemption does not apply to rightof-way dedication or other public conveyances of land required by the City in the course of subdivision or other development approvals pursuant to this Code.

3. Types and Classes of Nonconformities. The types and classes of nonconformities are set out in Section 25.06.120, ÂŽÂƒÂ•Â•Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â? ‘ˆ ‘Â?…‘Â?ˆ‘”Â?‹–‹‡•. The application of the standards of this Section 25.06.120, ÂŽÂƒÂ•Â•Â‹Ď”Â‹Â…ÂƒÂ–Â‹Â‘Â? ‘ˆ ‘Â?…‘Â?ˆ‘”Â?‹–‹‡•, is based on the type of nonconformity that is being addressed. a. Types. There are 10 types of nonconformities including: 1.

Uses; 2.

Buildings; 3.

Structures; 4.

Lighting; 5.

Landscaping and buffering; 6.

Signs; 7.

Parking and loading; 8.

Site access; 9.

Site improvements (e.g., fencing, screening, storage and display, etc.); and 10.

Lots. b. Classes. There are two classes of use nonconformities including “major� and “minor� nonconformities.

4. General Regulations. Set out in Section 25.06.130, General Regulations, is the standards for when nonconforming situations must be made conforming (or more conforming) or, alternatively, terminated or removed. It also sets out the circumstances in which a nonconforming situation may be restored or resumed after damage, destruction, or temporary cessation of the use.

5. Compliance Threshold. Set out in Section 25.06.140, Compliance Thresholds, is the standards ˆ‘” †‡–‡”Â?‹Â?‹Â?‰ ™Š‡Â? Â?‡™ …‘Â?•–”—…–‹‘Â? ‘” ‡Â?Žƒ”‰‡Â?‡Â?–• ‘” Â?‘†‹Ď?‹…ƒ–‹‘Â?• –‘ development trigger a requirement for conformity with the various requirements of this Code.

6. ˆˆ‡…– ‘ˆ ‡…–‹‘Â?Ǥ a. Effect on Existing Development Entitlements. Nothing in this Division shall be interpreted to require a change in plans, construction, or designated use of any building in which a building permit was lawfully issued prior to the effective date of this Code, provided construction was commenced within 90 days after obtaining the building permit and diligently pursued toward completion. b. Effect on Existing Unlawful Uses, Buildings, Structures, Signs, and Parcels. Any use, building, structure, sign, and/or parcel of land which was used, erected, or maintained in violation of any previous zoning regulations shall not be considered a legal nonconforming use, building, structure, sign, and/or parcel, and shall be required to comply with all provisions of this Code. ^ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜Ď­ĎŽĎŹ ĹŻÄ‚Ć?Ć?Ĺ?ÄŽÄ?Ä‚Ć&#x;ŽŜ ŽĨ EŽŜÄ?Ĺ˝ĹśÄ¨Ĺ˝ĆŒĹľĹ?Ć&#x;ÄžĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜Ď­ĎŽĎŹÍ˜Ď­ EŽŜÄ?Ĺ˝ĹśÄ¨Ĺ˝ĆŒĹľĹ?ĹśĹ? hĆ?ÄžĆ?

1. Generally. A nonconforming use is a use of land that was lawfully established (e.g., it was allowed and legally authorized, if legal authorization was required) on a parcel or lot before the effective date of this Code (or amended hereto), that is no longer allowed after the effective date of this Code (or amended hereto). The following uses are legally nonconforming uses: a. Permitted Uses and Structures. Uses that were lawfully established but are not currently listed as allowed, limited, or conditional uses in the districts set out in Subchapter 25.02-C, Land Uses, except that structures that were listed as uses of land prior to the effective date and are not regulated as accessory buildings or structures (see Subchapter 25.02-F, Accessory Uses and Structures) are either: 1.

Conforming structures (if they comply with the requirements of this Code); or 2.

Nonconforming structures (see Subchapter 25.02-F, Accessory Uses and Structures). b. Limited Uses. Uses that are listed as limited uses in the districts set out in Subchapter 25.02-C, Land Uses, but were lawfully established without a limited use permit and do not comply with the applicable standards of Subchapter 25.02-D, Conditional and Limited Uses. For these uses, the nonconforming use status may be removed by obtaining a limited use permit, as set out in Subsection 25.06.080.3, Zoning CompliƒÂ?…‡ Â‡Â”Â–Â‹Ď”Â‹Â…ÂƒÂ–Â‡ Č‹ ‹Â?‹–‡† ƒÂ?† ŽŽ‘™‡† Â•Â‡Â•ČŒ. c. Conditional Uses. Uses that are listed as conditional uses in the district set out Subchapter 25.02-C, Land Uses, but were lawfully established without a conditional use permit. For these uses, the nonconforming use status may be removed by obtaining a conditional use permit, as set out in Subsection 25.06.090.7, Conditional Use Permit. d. Flood Prone Uses. Uses that were lawfully established within a Ď?Ž‘‘†’Žƒ‹Â? ‘” Ď?ÂŽÂ‘Â‘Â†Â™ÂƒÂ›ÇĄ „—– ƒ”‡ Â?‘ Ž‘Â?‰‡” ’‡”Â?‹––‡† ‹Â? –Š‡ Ď?Ž‘‘†’Žƒ‹Â? ‘” Ď?Ž‘‘†™ƒ›Ǥ 2. Žƒ••‹Ď?‹…ƒ–‹‘Â?• ‘ˆ ‘Â?…‘Â?ˆ‘”Â?‹Â?‰ •‡•Ǥ There are two classes of nonconforming uses. The …Žƒ••‹Ď?‹…ƒ–‹‘Â? ‘ˆ –Š‡ Â?‘Â?…‘Â?ˆ‘”Â?‹Â?‰ —•‡ ƒˆˆ‡…–• ™Š‡–Š‡” ‹– …ƒÂ? „‡ …‘Â?˜‡”–‡† –‘ ƒ …‘Â?ˆ‘”Â?‹Â?‰ —•‡ ĥ set out in Section 25.06.150, Conversion of NonconformitiesǤ Š‡ …Žƒ••‹Ď?‹…ƒ–‹‘Â?• ‹Â?…Ž—†‡ǣ a. Major Nonconforming Uses. Major nonconforming uses are those uses for which the nonconformity generates a nuisance per se or represents such incompatibility with adjacent uses and/or the Comprehensive Plan that public policy favors their elimination from the district if they are discontinued, abandoned, or destroyed. As set out in Subchapter 25.02-C, Land Uses, major nonconforming uses include, but are not limited to, mobile homes and boarding homes. b. Minor Nonconforming UsesǤ ÂŽÂŽ Â?‘Â?…‘Â?ˆ‘”Â?‹Â?‰ —•‡• –Šƒ– ƒ”‡ Â?‘– …Žƒ••‹Ď?‹‡† ĥ Â?ƒŒ‘” Â?‘Â?conforming uses are minor nonconforming uses. Such uses may be converted to conforming uses as provided in Section 25.06.150, Conversion of Nonconformities. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜Ď­ĎŽĎŹÍ˜ĎŽ EŽŜÄ?Ĺ˝ĹśÄ¨Ĺ˝ĆŒĹľĹ?ĹśĹ? ĆľĹ?ĹŻÄšĹ?ĹśĹ?Ć?

Nonconforming buildings are those that were lawfully constructed prior to the effective date of this Code (or amendment hereto) that do not conform to the height, yard, impervious coverage ratio, building coverage ratio, density, intensity, building scale, or design standards that are applicable to the same type of building in the district in which the building is located. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜Ď­ĎŽĎŹÍ˜ĎŻ EŽŜÄ?Ĺ˝ĹśÄ¨Ĺ˝ĆŒĹľĹ?ĹśĹ? ^ĆšĆŒĆľÄ?ĆšĆľĆŒÄžĆ?

1. Generally. A nonconforming structure is a structure other than a building that was lawfully constructed prior to the effective date of this Code (or amendment hereto) that does not conform to the standards that are applicable to the same type of structure in the district in which the structure is located.

2. šƒÂ?’Ž‡•Ǥ The following are illustrative examples of nonconforming structures: a. Fences or walls that do not comply with the height, setback, or material standards set out in Subsection 25.03.090.3, Fences and Walls, and Subsection 25.03.100.3, Fences and Walls; b. Freestanding carports that do not comply with the location, height, construction methods, design and appearance, or building standards set out in Subsection 25.03.080.1, Carports and Porte-Cocheres; and c. Structures located in Ď?Ž‘‘†’Žƒ‹Â?•ǥ Ď?ÂŽÂ‘Â‘Â†Â™ÂƒÂ›Â•ÇĄ ”‡“—‹”‡† Â›ÂƒÂ”Â†Â•ÇĄ ‘” open space areas that do not comply with the applicable regulations of this Code.

^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜Ď­ĎŽĎŹÍ˜Ď° EŽŜÄ?Ĺ˝ĹśÄ¨Ĺ˝ĆŒĹľĹ?ĹśĹ? >ĂŜĚĆ?Ä?ĂƉĹ?ĹśĹ? ĂŜĚ ĆľÄŤÄžĆŒĹ?ĹśĹ?

1. Generally. Nonconforming landscaping and buffering includes those improvements that do not conform to the landscaping or bufferyard area or planting requirements set out in Subchapter 25.05-B, Landscaping and Buffering, or other provisions of this Code that require the designation of open space, landscape surface areas, or the buffering of uses. Nonresidential, mixed-use, and multiple-family residential parcels that were lawfully developed but do not include the required landscape surface ratio, open space ratio, or bufferyards that are required after the effective date of this Code, or amendment hereto, are also nonconforming with respect to landscaping and buffering.

2. ‹Â?‰Ž‡nj ƒÂ?‹Ž› ‡–ƒ…Š‡† ƒÂ?† ‹Â?‰Ž‡nj ƒÂ?‹Ž› ––ƒ…Š‡† ™‡ŽŽ‹Â?‰ š…‡’–‹‘Â?Ǥ Residential dwelling types other than multiple-family are conforming with respect to landscaping if the lots were platted prior to the effective date of this Code. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜Ď­ĎŽĎŹÍ˜Ďą EŽŜÄ?Ĺ˝ĹśÄ¨Ĺ˝ĆŒĹľĹ?ĹśĹ? ^Ĺ?Ĺ?ĹśĆ?

1. Generally. Any sign located within the City on the effective date of this Code that does not conform to the provisions of Subchapter 25.05-C, Signs, or, if applicable, Subchapter 25.02-D, Conditional and Limited Uses, is a “legal nonconforming� sign, provided it meets the following requirements: a. The sign is a permanent sign; and b. One of the following apply: 1.

The sign was approved by a sign permit before the effective date of this Code, or amendment hereto, if a permit was required under applicable law; or 2.

If no sign permit was required under applicable law for the sign in question, the sign was in all respects in conformity with the applicable law or conditions of approval immediately prior to the effective date; or 3.

The sign had legal nonconforming status on the effective date of this Code.

2. š‹•–‹Â?‰ ‹‰Â?• ‘Â? Â?Â?‡š‡† ”‘’‡”–›Ǥ Â?› ’‡”•‘Â?ÇĄ Ď?‹”Â?ÇĄ ‘” …‘”’‘”ƒ–‹‘Â? ‘™Â?‹Â?‰ ‘” Â?ƒ‹Â?–ƒ‹Â?ing a nonconforming sign in a newly annexed area shall remove or bring the nonconforming sign into conformity with this Code within a period equivalent to the time allowed by the amortization schedule set out in Item 3, Amortization, below, for which such time period shall commence with the effective date of the annexation ordinance.

3. Amortization. The right to keep, own, maintain, or display any sign that is prohibited by this Code as a legal nonconforming sign shall cease and terminate in accordance with the following schedule: a. All temporary and portable signs expressly prohibited or not allowed in this Code shall be brought into conformity or removed within 90 days of the effective date of this Code. b. All obsolete and/or abandoned signs and their supporting structures shall be removed within one year of the effective date of this Code. Any existing sign which becomes obsolete shall be removed within 30 days after it becomes obsolete. …Ǥ ÂŽÂŽ Ď?Žƒ•Š‹Â?‰ǥ Â?‘˜‹Â?‰ǥ ”‘–ƒ–‹Â?‰ǥ ‘” ƒÂ?‹Â?ƒ–‡† ’ƒ”–• ‘ˆ ‡š‹•–‹Â?‰ •‹‰Â?• •ŠƒŽŽ „‡ „”‘—‰Š– ‹Â?–‘ conformity or removed within 90 days of the effective date of this Code. d. All other signs in violation of the terms and provisions of this Code shall be brought into conformity or removed within 10 years, or earlier if damaged beyond 50 percent of fair market value and are subject to the following: 1.

Any nonconforming sign may be maintained, repaired, or altered; provided, however, that no such maintenance, repair, or alteration shall either create any additional nonconformity or increase the degree of the existing nonconformity of all or any part of such sign 2.

In any event that any nonconforming sign is damaged or destroyed, by any means, to the extent of more than 50 percent of the fair market value of the sign at the time of such damage or destruction, such sign shall not be restored unless it shall thereafter conform to the regulations of this Code.

3.

No nonconforming sign shall be moved, in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the sign shall thereafter conform to the regulations of this Code. e. The 10-year amortization provisions of this Subsection shall not apply to off-premise advertising signs.

4. š‡Â?’–‹‘Â?. The signs along Interstate 29 between U.S. Highway 20 and the Floyd Boulevard Exit are subject to an agreement between the City and existing sign companies, dated December 21, 1992. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜Ď­ĎŽĎŹÍ˜Ď˛ EŽŜÄ?Ĺ˝ĹśÄ¨Ĺ˝ĆŒĹľĹ?ĹśĹ? WÄ‚ĆŒĹŹĹ?ĹśĹ? ĂŜĚ >ŽĂĚĹ?ĹśĹ?

Nonconforming parking refers to parking spaces, drive aisles, and loading areas that do not conform to the requirements of this Code as set out in Subchapter 25.05-A, Parking and Loading, in terms of their number, dimensions, or the surfacing and maintenance of off-street parking areas. ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜Ď­ĎŽĎŹÍ˜Ďł EŽŜÄ?Ĺ˝ĹśÄ¨Ĺ˝ĆŒĹľĹ?ĹśĹ? >ŽƚĆ?

Nonconforming lots are lots that were lawfully created before the effective date of this Code, or amendments hereto, but which no longer comply with the minimum lot width, frontage, depth, area, or access requirements of this Code, as set out in Subchapter 25.03-A, Development Yield and Lot Standards; are shown by a recorded plat or deed to have been a lot of record owned separately and individually from adjoining tracts of land since prior to August 2, 1976; and have remained in separate and individual ownership from adjoining tracts continuously since August 2, 1976. ^ÄžÄ?͘ ĎŽĎąÍ˜ĎŹĎ˛Í˜Ď­ĎŻĎŹ 'ÄžĹśÄžĆŒÄ‚ĹŻ ZÄžĹ?ƾůĂĆ&#x;ŽŜĆ? ^ĆľÄ?Ć?ÄžÄ?Ć&#x;ŽŜ ĎŽĎąÍ˜ĎŹĎ˛Í˜Ď­ĎŻĎŹÍ˜Ď­ dÄžĆŒĹľĹ?ŜĂĆ&#x;ŽŜ͕ ZÄžĆ?ĆšĹ˝ĆŒÄ‚Ć&#x;ŽŜ͕ ĂŜĚ ZĞžŽǀĂů 1. Generally. This Subsection sets out the standards for when a nonconformity must be terminated or removed, and when it is allowed to be restored after temporary cessation, damage, or destruction.

2. Nonconforming Uses. a. If a major nonconforming use of land or a structure is discontinued or abandoned for a period of 365 consecutive days, for any reason, whether or not the equipment or Ď?‹š–—”‡• ƒ”‡ ”‡Â?Â‘Â˜Â‡Â†ÇĄ –Š‡ Â•Â–Â”Â—Â…Â–Â—Â”Â‡Č‹Â•ČŒ ƒÂ?† ’”‡Â?‹•‡• ‹Â? …‘Â?„‹Â?ƒ–‹‘Â? •ŠƒŽŽ Â?‘– „‡ ”‡sumed unless in conformity with the regulations of the district in which it is located, except as provided in Subsection 25.06.130.3, Changes of Use and Reuse. b. If a nonconforming mobile home or boarding home is discontinued for a period of 180 consecutive days, for any reason, it shall not be resumed. The applicant for compliance under this Subsection shall provide the Administrator with a notarized letter stating that the use was resumed within 180 days of the discontinuance or abandonment of the previous home. c. If a minor nonconforming use is discontinued for a period of 365 consecutive days, for ƒÂ?› ”‡ƒ•‘Â?ÇĄ ™Š‡–Š‡” ‘” Â?‘– –Š‡ ‡“—‹’Â?‡Â?– ‘” Ď?‹š–—”‡• ƒ”‡ ”‡Â?Â‘Â˜Â‡Â†ÇĄ –Š‡ Â•Â–Â”Â—Â…Â–Â—Â”Â‡Č‹Â•ČŒ and premises in combination shall not be resumed unless in conformity with the regulations of the district in which it is located, except as provided in Item B.5, beŽ‘™Ǥ Â‘Â™Â‡Â˜Â‡Â”ÇĄ ‹ˆ ƒÂ? ƒ’’Ž‹…ƒ–‹‘Â? ˆ‘” …‘Â?˜‡”•‹‘Â? ‘ˆ –Š‡ —•‡ ‹• Ď?‹Ž‡† ’—”•—ƒÂ?– –‘ ‡…–‹‘Â?

25.06.150, Conversion of Nonconformities, before the end of the 365 consecutive day period, the use may be resumed as a conforming use after the period expires if the application is granted. d. Uses, or adjuncts thereof, which are or become nuisances shall not be entitled to continue a nonconforming use.

3. ‘Â?…‘Â?ˆ‘”Â?‹Â?‰ —‹Ž†‹Â?‰•ǥ –”—…–—”‡•ǥ ƒÂ?† Ž‡Â?‡Â?–• ‘ˆ —‹Ž†‹Â?‰• ‘” –”—…–—”‡•Ǥ a. If a nonconforming building or structure or a nonconforming element of a building or structure is damaged or destroyed by any means, or declared unsafe by the Building and Inspection Administrator to an extent that repairs would exceed more than 50 percent of the fair market value, at the time such damage or destruction, of the building or structure or a damaged nonconforming element of a building or structure, the building, structure, or elements of the building or structure shall not be restored unless in conformity with the regulations of the district in which it is located and in conformity with the applicable off-street parking and loading requirements. b. If the reconstruction cost and/or area of reconstruction (whichever is less) is less than or equal to 50 percent of the fair market value, no repairs or restoration, except in conformity with the applicable district regulations, shall be made unless a zon‹Â?‰ …‘Â?’Ž‹ƒÂ?…‡ …‡”–‹Ď?‹…ƒ–‡ ‹• ‘„–ƒ‹Â?‡† ƒÂ?† ”‡•–‘”ƒ–‹‘Â? ‹• ƒ…–—ƒŽŽ› „‡‰—Â? ™‹–Š‹Â? •‹š months after the date of such partial destruction and is diligently pursued to completion..

4. Nonconforming Accessory Uses and Structures. a. No use or structure which is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated unless it shall thereafter conform to all the regulations of the district in which it is located. „Ǥ Ž‡‰ƒŽ Â?‘Â?…‘Â?ˆ‘”Â?‹Â?‰ •–”—…–—”‡ Â?ƒ› „‡ ƒ††‡† –‘ ‘” ‡Â?Žƒ”‰‡† ‹ˆ –Š‡ ƒ††‹–‹‘Â? •ƒ–‹•Ď?‹‡• one or more of the following conditions: 1.

The enlargement or addition, when considered independently of the existing building, complies with any applicable setback, height, off-street parking, and landscaping requirements; 2.

The nonconforming building and impervious surface coverages on the site are not increased and the building, after the addition, conforms to height, Ď?Ž‘‘” ƒ”‡ƒ Â”ÂƒÂ–Â‹Â‘ÇĄ ƒÂ?† Â‘ÂˆÂˆÇŚÂ•Â–Â”Â‡Â‡Â– ’ƒ”Â?‹Â?‰ ”‡‰—Žƒ–‹‘Â?• ƒ’’Ž‹…ƒ„Ž‡ –‘ ‹–• †‹•–”‹…–Ǣ and 3.

The addition projects no further into a required side yard setback than the existing building; the length of the side wall of the addition is the smaller of 25 feet or 50 percent of the length of the existing nonconforming side wall; and the enlarged building complies with building and impervious coverÂƒÂ‰Â‡ÇĄ Ď?Ž‘‘” ƒ”‡ƒ Â”ÂƒÂ–Â‹Â‘ÇĄ ˆ”‘Â?– ƒÂ?† ”‡ƒ” ›ƒ”† •‡–„ƒ…Â?•ǥ ƒÂ?† Š‡‹‰Š– ”‡‰—Žƒ–‹‘Â?• applicable to its district.

5. Unenclosed Nonconforming Uses. Â?› Â?‘Â?…‘Â?ˆ‘”Â?‹Â?‰ —•‡ Â?‘– ‡Â?…Ž‘•‡† ™‹–Š‹Â? –Š‡ …‘Â?Ď?‹Â?‡• of a building existing as of the effective date of (or amended to) this Code but not in conformity with the provisions of this Code may be continued no longer than six months from and after the effective date of this Code, or after the determination of nonconformance. Such use shall only be allowed to continue operation as a nonconforming use provided the nonconforming use is enclosed and screened from view by a Type B bufferyard, and provided the nonconforming use conforms to all other regulations of this Code.

6. Nonconforming Landscaping. Multiple-family, nonresidential, and mixed use properties that are nonconforming with respect to the standards of Section 25.05.090, Development Landscaping, and Section 25.05.100, Bufferyards, shall be brought into compliance when the property is redeveloped or substantially improved, and shall be brought into compliance as set out in Section 25.06.140, Compliance Thresholds.

7. ‘Â?…‘Â?ˆ‘”Â?‹Â?‰ ‹‰Â?• ‘” ‹‰Â? Ž‡Â?‡Â?–•Ǥ a. Restoration. A nonconforming sign ™Š‹…Š Šƒ• „‡‡Â? †ƒÂ?ƒ‰‡† „› Ď?‹”‡ǥ ™‹Â?†ǥ Â™ÂƒÂ–Â‡Â”ÇĄ ‘” other cause in excess of 50 percent of its replacement cost shall not be restored except in conformance with this Code. b. Replacement of Nonconforming Element. If an element of a sign that causes the sign to be nonconforming is removed, it shall not be replaced, except with a conforming element. c. Discontinuance of Message. If a nonconforming sign structure does not display any message for a period of 90 calendar days, it shall be removed or brought into conformance with this Code. For the purposes of this standard, a temporary sign may be used to display a message while a new sign face is being designed and fabricated. d. Removal. If a nonconforming sign structure is removed for any reason other than routine repair and maintenance, it shall not be replaced unless the replacement sign conforms to this Code. e. Unsafe Signs. Nonconforming signs that are a danger to the public safety due to damage or wear shall be removed and shall not be replaced unless the replacement sign conforms to this Code.

8. Nonconforming Parking. a. Number of Parking Spaces.

1.

If an existing building or use is expanded, additional parking shall be required only in proportion to the new area of the building or use, as set out in Section 25.06.140, Compliance Thresholds.

2.

If the use of a building changes, resulting in additional demand for parking, additional parking shall be provided in an amount equal to the difference between the requirements of the former use (not the actual parking provided on-site) and the requirements for the new use, as set out in Subsection 25.05.030.2, Required Off- Street Parking. However, a permit for the new use may be denied if the available parking is less than 75 percent of the required parking.

3.

If an existing building is redeveloped or substantially improved, parking shall be provided as required by Section 25.05.030, Parking and Loading Calculations. b. Size of Parking Spaces and Drive Aisles. Parking spaces and drive aisles shall be sized according to the requirements of Subsection 25.05.040.4, Space and Module Standards, when so required by Section 25.06.140, Compliance Thresholds.

9. Nonconforming Uses or Structures in a Floodway. A structure or the use of a structure on land which was lawful before the effective date of this Code but which is no longer in conformity with the provisions of this Code may be continued subject to the following conditions: a. If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this Code. „Ǥ ˆ ƒÂ?› Â?‘Â?…‘Â?ˆ‘”Â?‹Â?‰ —•‡ ‘” •–”—…–—”‡ ‹• †‡•–”‘›‡† „› ƒÂ?› Â?‡ƒÂ?•ǥ ‹Â?…Ž—†‹Â?‰ Ď?Ž‘‘†•ǥ –‘ ƒÂ? extent of 50 percent or more of its fair market value prior to destruction, it shall not be reconstructed except in conformity with the provisions of this Code. c. Uses, or adjuncts thereof, which are or become nuisances shall not be entitled to continue as nonconforming uses. d. Any use which has been permitted by variance shall be considered a conforming use.

10. Amortization of Certain Uses and Structures. Certain uses involving a high degree of incompatibility and a low amount of investment shall be terminated, or altered, as follows: a. Fences, walls and foilage which impair sight distances at a curve or intersection and –Š‡”‡„› …‘Â?•–‹–—–‡ ƒ Šƒœƒ”† –‘ ’‡†‡•–”‹ƒÂ? ‘” ˜‡Š‹…—Žƒ” –”ƒˆĎ?‹… •ŠƒŽŽ „‡ Â?ƒ†‡ …‘Â?forming within one year of the effective date of this Code. b. Nonconforming open storage operations, such as truck parking, automobile wrecking, salvage material storage, and similar uses not involving structures shall be terminated or made conforming within two years of the effective date of this Code. However, when applicable fencing or screening requirements have existed one year or less from the time when a salvage operator applied for a conditional use permit, the Board of Adjustment, as a condition to granting the permit, may grant the salvage operator up to six months of additonal time to comply with such fencing or screening requirements. c. All uses in the Mixed Use (MU), Suburban Commercial (SC), General Commercial (GC), Downtown Commercial (DC), Business Park (BP), and General Industrial (GI) districts, as well as the Historic Area (HA) sub-districts shall be altered so as to

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comply with all provisions of this Code pertaining to Section 25.03.080, All Uses, and Section 25.03.100, Nonresidential and Mixed Use Accessory and Supplemental Standards, within one year of the effective date of this Code. d. Extraction operations that are in compliance with the requirements of a grading permit pursuant to Chapter 20.30. Grading Ordinance, of the Municipal Code, as of the effective date of this Code shall be allowed to continue in operation for up to one year.

After one year, the extraction operation must comply with the requirements for a conditional use pursuant as set ut in Section 25.02.190, Agricultural, Industrial, Utility, and Communication Use Standards. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϯϬ͘Ϯ EŽŶĐŽŶĨŽƌŵŝŶŐ >ŽƚƐ͖ ŽŶƐƚƌƵĐƟŽŶ ĂŶĚ ŽŵďŝŶĂƟŽŶ 1. Nonconforming Lots. a. Construction on Nonconforming Lots. A nonconforming lot that does not meet district requirements with respect to area, lot width, or frontage may be built upon if: 1.

The lot is a lot of record; 2.

The use is allowed in the district in which the lot is located; ͵Ǥ ϐ appropriate for the proposed use; 4.

All yards, height standards, maximum building and impervious coverage, and off-street parking requirements are complied with, except that the Planning and Zoning Commission may authorize a reduction of required yards of up to 10 percent, provided that the Planning and Zoning Commis ϐ than permitted on a conforming lot. Yard reductions that are greater than 10 percent shall make application for a variance. b. Re-subdivision. A nonconforming lot shall be brought into compliance if the owner applies for a re-subdivision that involves the lot. c. Pre-Existing Nonconforming Lots. As set out in Subsection 25.03.020.2, Application, this Code does not make the following lots conforming: 1.

Lots that were originally platted as conforming lots and later split by metes and bounds description into a substandard lot; and 2.

Substandard lots for which the holder of legal title is separate from the ownership of the originally platted and abutting lot(s).

2. Combination of Lots to Increase Conformity. a. Where a landowner owns abutting lots that do not conform to the dimensional requirements of the district in which they are located, they shall be combined to create fully conforming lots or, if full conformity is not possible, they shall be combined if the combination will increase the degree of conformity. b. The City will not require the combination of lots if: 1.

The combination of lots would not address a nonconformity; and 2.

Two or more of the lots are developed with principal buildings, and the combination of lots would require that one or more of the buildings be torn down in order to comply with this Code. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϯϬ͘ϯ ŚĂŶŐĞƐ ŽĨ hƐĞ ĂŶĚ ZĞƵƐĞ 1. Generally. A nonconforming use may be changed to any other use of the same or a lesser degree of nonconformity, or a use allowed in the district in which the use is located. For purposes of this subsection, a use shall be deemed to have been so changed when an existing nonconforming use is terminated and a use with a lesser degree of nonconformity or an allowed use has commenced and Ǥ ϐ trict shall be interpreted to have the same degree of nonconformity for purposes of this Subsection.

No nonconforming use in a nonresidential district shall be changed to a residential use.

2. Ǥ a. If a nonconforming use is changed to a conforming use, the nonconforming use shall not be resumed. b. If the use of only a portion of a building or property is changed from a nonconforming use to a conforming use, then the use of that portion of the building or property shall not be changed back to the nonconforming use.

3. Ǥ An existing vacant nonresidential building in a Neighborhood Conservation sub-district, previously occupied by and structurally designed for nonresidential use, may be renovated and reoccupied under the following conditions: a. A conditional use permit is obtained as set out in Subsection 25.06.090.7, Conditional Use Permit; b. The off-street parking requirements comply with the provisions of Subchapter 25.05-A, Parking and Loading; c. The landscaping and buffering requirements comply with the provisions of Subchapter 25.05-B, Landscaping and Buffering; and d. The property complies with the applicable yard requirements. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϯϬ͘ϰ ZĞƉĂŝƌƐ ĂŶĚ DŽĚŝĮĐĂƟŽŶ 1. Generally. ϐ ǡ structures, and signs are permitted as provided by this Subsection.

2. Repairs and Alterations. a. Buildings and Structures. Routine maintenance of nonconforming buildings and structures is permitted, including necessary non-structural repairs, paint, and incidental ǡ ǡ ϐ ǡ wiring, or plumbing, which do not extend or intensify the nonconforming buildings or structures, or materially extend their life. This standard also applies to buildings or structures that house nonconforming uses if they are designed in a way that is not suitable for re-use as a conforming use. If the building is conforming and could be re-used for a conforming use, there is no limitation on its maintenance. b. Signs. Routine maintenance of nonconforming signs is permitted, including necessary non-structural repairs, paint, and incidental alterations which do not extend or intensify the nonconforming sign, or materially extends its life. c. Buildings Containing Major Nonconforming Uses. No building or structure that contains a major nonconforming use shall be enlarged unless the major nonconforming use is permanently discontinued. d. Signs. Routine maintenance of nonconforming signs is permitted, including necessary non-structural repairs, paint, and incidental alterations which do not extend or intensify the nonconforming sign or materially extend its life. This standard applies to changing the message of a sign by replacing or repainting the sign face. e. Structural Alterations. Structural alterations to nonconforming buildings and structures are permitted only if it is demonstrated that the alteration will eliminate the nonconformity or reduce it in accordance with the standards of Section 25.06.140, Compliance Thresholds. f. Safety Repairs. Nothing in this Division shall be deemed to prevent the strengthening or restoration to a safe condition of a building or structure in accordance with an ϐ ǡ clares such buildings or structures to be unsafe, and orders its restoration to a safe condition, provided such restoration is not otherwise in violation of the provisions of this Division regarding damage or destruction.

3. Ǥ a. Major Nonconforming Uses. Major nonconforming uses shall not be expanded, enlarged, extended, increased, or moved to occupy an area of land or building that was not occupied on the effective date of this Code or any amendment that made the use a major nonconforming use. Such prohibited activity shall include, without being limited to: 1.

Extension of such use to any part of a structure or land area other than one occupied by such nonconforming use on the effective date of this Code, or any amendment hereto which causes such use to become nonconforming; and 2.

Extension of such use within a building or other structure to any portion ϐ effective date of this Code, or any amendment hereto, which causes such use to become nonconforming. However, a nonconforming use may be extended throughout any part of a structure that was lawfully and manifestly designed or arranged for such use on the effective date. b. Minor Nonconforming Use. No minor nonconforming use shall be expanded or extended in such a way as to: 1.

Occupy any open space or landscaped surface are that is required by this Code; 2.

Exceed building cover, impervious cover, intensity, or height limitation of the district in which the use is located; 3.

Occupy any land beyond the boundaries of the property or lot as it existed on the effective date of this Code; or 4.

Displace any conforming use in the same building or on the same parcel.

4. Moving. a. No structure that is devoted in whole or in part to a nonconforming use shall be moved, in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the entire structure and the use shall thereafter conform to all regulations of the district in which it is located after being so moved. b. No nonconforming use of land shall be moved, in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zone in which it is located after being so moved. ^ĞĐ͘ Ϯϱ͘Ϭϲ͘ϭϰϬ ŽŵƉůŝĂŶĐĞ dŚƌĞƐŚŽůĚƐ ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϰϬ͘ϭ WƵƌƉŽƐĞ The purpose of this Section is to encourage reinvestment in existing buildings and properties by ϐ ance with this Code. This Section does not relate to building code compliance or compliance with applicable engineering standards. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϰϬ͘Ϯ ĚŵŝŶŝƐƚƌĂƟǀĞ ŽŵƉůŝĂŶĐĞ ZĞƋƵŝƌĞŵĞŶƚƐ Set out in Table 25.06.140.2, Administrative Compliance Requirements, is the levels of reinvestment in property that trigger compliance with the regulations set out in this Code.

cent to a residential neighborhood) function, as evidenced by the following demonstrations: a. The neighborhood residents regularly patronize or are employed at the use (for nonresidential uses in or abutting residential neighborhoods). Good management practices eliminate nuisances such as noise, light, waste materials, unreasonably congested Ǧ ǡ ϐ Ǥ b. There is no material history of complaints about the building, structure, or use (a his ϐ ǡ conditions of the permit will eliminate the sources of the complaints). c. There is no history of building code or residential housing code violations of the build ǡ ǡ ȋ ϐ conditional use permit, unless the conditions of the permit will eliminate the code violations). Ǥ ǡ ǡ ϐ tion as a nonconformity would be disincentive for such maintenance.

3. Conditions. Conditions may be imposed relative to the expansion of bufferyards, landscaping, screening, parking, or other site design provisions, or other limitations necessary to ensure that, as a conforming use, the use will not become a nuisance. Such conditions may relate to the lot, buildings, structures, or operation of the use. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϱϬ͘ϰ īĞĐƚ ŽĨ ƉƉƌŽǀĂů 1. Generally. Uses that comply with the terms of a conditional use permit issued in accordance with this Subsection are converted from “legally nonconforming uses” to “conforming uses” by virtue of the issuance of the conditional use permit.

2. Written Approval. Conditional use approvals shall be provided to the applicant in writing and may be recorded by the applicant ǯ ϐ Ǥ 3. Annotation of Zoning Map. Upon granting a conditional use permit and the applicant’s demonstration of compliance with any conditions placed upon it, the Administrator shall place an annotation on the ϐ that states that the property has a conditional use permit, as well as the permit number and date of approval. ^h , Wd Z Ϯϱ͘ϬϲͲ E&KZ D Ed E Z D / ^

^ĞĐ͘ Ϯϱ͘Ϭϲ͘ϭϲϬ ŶĨŽƌĐĞŵĞŶƚ WƌŽĐĞĚƵƌĞƐ ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϲϬ͘ϭ WƵƌƉŽƐĞ ĂŶĚ ƉƉůŝĐĂƟŽŶ 1. Purpose. This Section establishes the procedures that the City may use to assure compliance with the provisions of this Code and to correct violations. The Section also sets out the remedies and penalties that the City may seek to correct violations. The provisions of this Section are intended to encourage the voluntary correction of violations.

2. Application. a. ϔ . The provisions of this Code shall be administered and enforced by the Administrator or such other person(s) as may be designated by the City Manager. b. Compliance Required. No person shall develop or use any land, building, or structure within the City in violation of this Code, regulations authorized under this Code, or the terms and conditions of permits issued under this Code. The use of any land or structure shall conform to all conditions, restrictions, or limitations contained in any permit or required under any ordinance, and failure to conform shall be a violation of this Code. c. Continuation of Prior Enforcement Actions. Nothing in this Code shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to regulations in effect before the effective date of this Code. Enforcement actions initiated before the effective date of this Code, and amendments hereto, may be continued to completion or settlement under the terms of the regulations in effect prior to the effective date of this Code.

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impose conditions to ensure compliance. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϲϬ͘ϳ ^ƉĞĐŝĂů WƌŽǀŝƐŝŽŶƐ ĨŽƌ ,ŝƐƚŽƌŝĐĂů WƌĞƐĞƌǀĂƟŽŶ 1. Generally. The purpose of this Subsection is to provide additional means of enforcing the City’s designation of historic properties or sites. The remedies available to the City in this Subsection are in addition to any other remedies allowed by this Code or applicable law.

2. Revocation of Designation. The Historic Preservation Commission may recommend and the City Council may revoke historic designation for failure by the property owner(s) within a historic district or of a designated historic site to maintain the structure at the prescribed levels. Revocation procedures shall be as follows: a. The affected property owner and all property owners of the affected historic district or site, as applicable, shall be given written notice of the time and place of the hearing ϐ ͳͲ ǯ address of record. b. Notice shall be provided as set out in Subsection 25.06.070.9, Public Notice. Ǥ ǡ ϐ ǡ at the scheduled hearing and render a recommendation to the Historic Preservation Commission. The owner or owner’s agent or representative shall attend the scheduled hearing. In the event the owner or owner’s agent or representative fails to be present at the hearing the Historic Preservation Commission shall table the item. At any subsequent meeting and regardless of the absence of the owner or owner’s agent or representative, the Historic Preservation Commission may take action. d. The Historic Preservation Commission shall consider a recommendation to withdrawal ϐ ǣ 1.

A designated historic district has failed to maintain the characteristics of which it was designated; or ʹǤ ϐ teria; or 3.

Either such a district or site has failed to follow any relevant guidelines established by the City. e. After the City Council receives the Historic Preservation Commission’s recommendation if shall provide notice by publication as provided in Subsection 25.06.070.9, Public Notice, conduct a public hearing during which the Administrator shall make a presentation and render the Historic Preservation Commission’s recommendation, and take action on the recommendation.

3. Fines. A person found guilty of demolition of a designated property by neglect or without a re ϐ ϐ by the City Council, as amended from time to time.

4. . Any person who shall violate, participate or acquiesce in the violation of any provision of this Code relative to its historic preservation, or who shall fail to comply with this Code or with any of the requirements of the Code, or who shall erect or alter any historic resource in violation of any detailed statement or plan required to be submitted and approved pursuant to this Code shall, for each and every violation or noncompliance, be deemed guilty of a misdemeanor and shall, upon conviction, be punished accordingly.

5. Authorized to City AttorneyǤ ǯ ϐ ϐ ate action in a court of competent jurisdiction to enforce the provisions of this Code by the cause in equity or by any other remedy available by law. ^ĞĐ͘ Ϯϱ͘Ϭϲ͘ϭϳϬ >ĞŐĂů ^ƚĂƚƵƐ ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϳϬ͘ϭ ^ĞǀĞƌĂďŝůŝƚLJ

1. Complaints. Whenever a violation of this Code occurs or is alleged to have occurred, any person ϐ Ǥ ϐ ǡ ϐ Ǥ properly record such complaint, immediately investigate, and take action as provided by this Code.

2. Penalties. Violations of the provisions of this Code or failure to comply with any of its requirements shall constitute a misdemeanor. a. Municipal Infractions. Any persons who violate this Code or fails to comply with any of ϐ in the fee schedule established by City Council, as amended from time to time, or imprisoned for not more than 60 days, or both, and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. b. Multiple OffensesǤ ϐ writing by the Administrator and the expiration of the time designated for correc ϐ Ǥ ǡ ϐ ǡ or corporation shall be deemed guilty of multiple offenses of this Code until receipt of the aforesaid notice and expiration of the time designated therein; however, receipt of such notice is not a prerequisite to prosecution for single offenses as set forth in Item 1, Municipal Infractions, above. c. Civil Actions. In the case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or any building, structure, or land is used in violation of this Code or any regulation made under authority conferred hereby, the City Council, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful act or to restrain, correct, or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business, or use in or about such premises. d. Item 1, Municipal Infractionsǡ ǡ ǡ ϐ ǡ violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this Code may be charged with a misdemeanor by ϐ ǡ ǡ ϐ Section 1.04.100, General Penalty, of the Municipal Code. However, no person shall be charged with a municipal infraction and a misdemeanor for the same offense.

Each separate provision of this Code violated shall constitute a separate offense.

3. Nuisance Abatement. Any building erected, raised, converted, or land or premises used in violation of any of the provisions of this Code or the requirements of this Code, is declared to be a common nuisance and such common nuisance may be abated in such manner as nuisances are now or may hereafter be abated under existing law.

4. Penalties of Responsible Parties. The owner or tenant of any building, structure, premises, or part thereof, any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided in this Division.

5. . When a person has deliberately commenced a project without a permit and ǡ ϐ for abatement or judicial remedy as set out in this Division.

A. Generally. If any chapter, division, section, subsection, paragraph, clause, provision, or portion of this Code is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Code shall not be affected. If any application of this Code to a particular property, building, structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction “as-applied,” such judgment shall not be applicable to any other property, building, structure, land, ϐ Ǥ B. Signs. With respect to Subchapter 25.05-C, Signs, the following severability provisions shall apply: a. Severability, Generally. If any chapter, division, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Subchapter 25.05-C, Signs, or any other provision of this Code related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other chapter, division, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Subchapter 25.05-C, Signs, or this Code. b. Interpretation; Substitution of Noncommercial Speech for Commercial Speech. Notwithstanding anything contained in this Code to the contrary, any sign erected pursuant to the provisions of this Code or otherwise lawfully existing with a commercial message may, at the option of the owner, contain a noncommercial message in lieu of a commercial message. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that: a.

The sign is not a prohibited sign or sign-type, and b.

The size, height, setback, and other dimensional criteria contained in this ϐ Ǥ c. Severability Where Less Speech Results. Without diminishing or limiting in any way the declaration of severability set forth above in Subsection B.2., above, or elsewhere in this Section, this Code, or any adopting ordinance, if any chapter, division, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Subchapter 25.05-C, Signs, or any other provision of this Code related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other chapter, division, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of said provision, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise. d. Severability of Provisions Pertaining to Prohibited Signs and Sign Elements. Without diminishing or limiting in any way the declaration of severability set forth above, if any chapter, division, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Subchapter 25.05-C, Signs, or any other provision of this Code related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other chapter, division, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Subchapter 25.05-C, Signs, that pertains to prohibited signs or sign elements. It is the intent of the City Council to ensure that as many prohibited sign types and sign elements as may be constitutionally prohibited continue to be prohibited. e. Severability of Provisions if Adjudicated Stricken Due to a Content-Basis. It is the intent of the City Council to regulate signage in a manner that implements the purposes ǡ Ǥ ϐ Subchapter 25.05-C, Signs, are legitimate, substantial, and compelling public interests, that the regulation of signage provided by Subchapter 25.05-C, Signs, is unrelated to the suppression of free expression, and that the incidental restrictions on expression that may occur as a result of these regulations is no more than is essential to the furtherance of the public interests. However, if a court of competent jurisdiction ϐ ǡ ǡ regulation unconstitutional, then it is the intent of the City Council that only that portion of the provision that is found to relate to content be severed from this Code, and if it is not possible for the court to strike only the portion of the provision that is found to relate to content, then it is the intent of the City Council that all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of like geometry and character that is more restrictive than the stricken provision in terms of sign area.

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϲϬ͘ϰ ďĂƚĞŵĞŶƚ

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϳϬ͘Ϯ ŽŶŇŝĐƟŶŐ WƌŽǀŝƐŝŽŶƐ

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϲϬ͘Ϯ ĚŵŝŶŝƐƚƌĂƟǀĞ KĸĐŝĂů 1. Responsibility. The Administrator, or a designee, shall be responsible for administering and Ǥ ϐ ǡ sistance of such other persons as the City Manager may direct.

2. Ǥ ǡ ǡ ϐ this Code are being violated, the Administrator shall notify, in writing, the persons responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.

The Administrator, or a designee, shall order the following: a. Discontinuance of illegal use of land, buildings, or structures; b. Removal of illegal buildings or structures or of additions, alterations, or structural change thereto; c. Discontinuance of any illegal work being done; or d. Shall take other action authorized by law to ensure compliance with or to prevent violation of its provisions. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϲϬ͘ϯ sŝŽůĂƟŽŶƐ

1. Generally. The City may abate violations of this Code pursuant to this Subsection. This remedy is authorized for, but is not limited to, any situation where any property owner fails to construct, improve, or maintain any improvement that is required by the terms of any permit or approval, or any condition upon any land that is in violation of this Code.

2. Warning Notice Required. Before action is taken to abate a violation to this Code or any viola ǡ ϐ ϐ ǡ ǡ ǡ ϐ days shall be given from the date of the notice indicated by the date on the letter. Failure to receive Ǥ Ǥ ϐ shall not forestall enforcement action under this provision.

3. Timing of Abatement. Unless this notice is appealed, pursuant to requirements of this Code ͳͲ ϐ ǡ accordance with City policies and procedures.

4. Documentation of Costs. The Administrator shall keep an account of the direct and indirect cost incurred by the City in the abatement of any violation. The Administrator shall forward a bill for collection to the violator or association, and to the owner of record of the property specifying the nature and costs of the work performed. For purposes of this Subsection, direct and indirect costs shall include, but not be limited to, the actual expenses and costs to the City in the preparation of ǡ ϐ ǡ ǡ ǡ interest from the date of completion at the rate prescribed by law for delinquent real property taxes.

5. Payment of Costs by Owner. The responsibility for payment of the charges for abatement as set out in this Subsection shall rest solely upon the owners of the property upon which the abatement occurred, or the property owners’ association, as applicable. Such charges shall become a lien upon the real property or properties upon which the violation was located or upon properties associated with the property upon which the violation was located. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state or municipal property taxes, with which it shall be upon a parity. The lien shall continue until the charges and all interest due and payable thereon are paid.

6. Allocation of Costs for Property Controlled by Property Owners’ Associations. Where a property owners’ association is involved: a. Expenses under Item 5, Payment of Costs by Owner, above, shall be prorated among all lots and/or owners of lots within the subdivision; and b. Actions directed under this Subsection are considered delivered if they are addressed ϐ ȋ Ȍ responsible person(s) on the most recent tax roll of the City.

1. Generally. ϐ sections of the Code of Ordinances, the more restrictive provision shall control.

2. State and Federal Law. No part of this Code relieves any applicant from compliance with applicable provisions of state or federal law. If a use, structure, operational characteristic, construction technique, environmental impact, or other matter is prohibited by state or federal law, it is also prohibited in the City. Likewise, if a matter is regulated by state or federal law, then compliance with state or federal law does not relieve the applicant from compliance with this Code, unless the application of this Code is legally preempted. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϳϬ͘ϯ ŝǀŝĐ >ŝĂďŝůŝƚLJ Neither the approval of a plan under the provisions of this Code, nor compliance with the provisions herein shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law or equity, nor shall such approval or compliance operate to impose any liability upon the City for damage to any person or property. , Wd Z Ϯϱ͘Ϭϳ &/E/d/KE^ ^h , Wd Z Ϯϱ͘ϬϳͲ tKZ h^ ' ͖ Z s/ d/KE^ E ZKEzD^ Ϯϱ͘Ϭϳ͘ϬϭϬ tŽƌĚ hƐĂŐĞ Reserved ^ĞĐ͘ Ϯϱ͘Ϭϳ͘ϬϮϬ ďďƌĞǀŝĂƟŽŶƐ ĂŶĚ ĐƌŽŶLJŵƐ

^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϲϬ͘ϱ :ƵĚŝĐŝĂů ZĞŵĞĚŝĞƐ 1. Generally. This Subsection sets out remedies that may be requested by the City to enforce this Code in a court of competent jurisdiction. This Subsection shall not limit the power of the City to pursue multiple or alternative actions, remedies, and penalties, or to pursue actions, remedies, and penalties that are authorized by law but not listed in this Subsection.

2. FinesǤ ǡ ϐ ǡ ǡ ǡ ϐ ǡ time.

3. Injunctive Relief. a. The City may seek injunctive relief or other appropriate relief in court of competent jurisdiction against any person who fails to comply with any provision of this Code or any requirement or condition imposed pursuant to this Code or any violation to a uniform code or other policies of the City. In any court proceedings in which the City seeks a preliminary injunction, it shall be presumed that a violation of this Code or continued violation of this Code is, will, or may be an injury to the public health, safety, or general welfare; that the public health, safety, or general welfare will or may be irreparably injured by the continuation of the violation unless the violation is enjoined; and that there is no plain and adequate remedy at law for the subject violation. Ǥ ϐ structure, or to allow the City to demolish or remove a structure and recover costs against the landowner, pursuant to the provisions of state law. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϲϬ͘ϲ ^ƉĞĐŝĂů WƌŽǀŝƐŝŽŶƐ ĨŽƌ ŽŶĚŝƟŽŶĂů hƐĞƐ

^ĞĐ͘ Ϯϱ͘Ϭϲ͘ϭϱϬ ŽŶǀĞƌƐŝŽŶ ŽĨ EŽŶĐŽŶĨŽƌŵŝƟĞƐ ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϱϬ͘ϭ WƵƌƉŽƐĞ Many minor nonconforming uses have existed for a period of time, and some may have only recently become nonconforming. In some instances, minor nonconforming uses are integral parts of the City’s character and function, so their continuing existence promotes the City’s policy objective Ǥ ǡ ϐ Dz dz ing restriction on investment will not achieve the City’s objectives. This Section allows the City to restore such uses to conforming status on a case-by-case basis. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϱϬ͘Ϯ ZĞƉĂŝƌƐ ĂŶĚ DŽĚŝĮĐĂƟŽŶ 1. Generally. An owner of a minor nonconforming use may apply for a conditional use permit, which has the effect of making the nonconforming use conforming. The criteria for conditional use approval are set out in Subsection 25.06.150.3, Criteria for Approval. A conforming building and/or structure shall not be changed in any way that will result in a nonconforming development.

2. Ǥ This procedure does not apply to nonconforming lots, which may be buildable in accordance with the standards of Subsection 25.06.130.2, Nonconforming Lots; Construction and Combination. ^ƵďƐĞĐƟŽŶ Ϯϱ͘Ϭϲ͘ϭϱϬ͘ϯ ƌŝƚĞƌŝĂ ĨŽƌ ƉƉƌŽǀĂů 1. Generally. A conditional use approval may be granted to make a nonconforming building, structure, or use conforming, if, in addition to the criteria for approval of a conditional use set out in Subchapter 25.02-D, Conditional and Limited Usesǡ ϐ Ǥ 2. Approval Criteria. The building, structure, or use, as conducted and managed, has minimal nonconformities and has been integrated into the neighborhood’s (or district’s if it is not in or adja-

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1. Generally. The provisions of this Subsection may be applied to enforce a conditional use permit.

2. Inspection. The City may: a. Make inspections to determine compliance with the provisions of this Code and the conditional use permit, and initiate appropriate action as necessary; and/or b. Keep a record of complaints, indicating any action taken. These records shall be made available at the time of renewal of the conditional use permit if there has been a time period placed on the conditional use, or where the Planning and Zoning Commission has been requested to review the conditional use for compliance.

3. Conditional Use Permit Revocation. Upon determination of noncompliance with the provisions of the conditional use permit, the City will take actions as necessary to assure compliance.

Such actions may include non-renewal or revocation of the permit as follows: a. The Administrator shall provide a notice of violation to the record owner of the property upon which a conditional use is located, advising the owner that the use must be ϐ ͵Ͳ of the notice. b. If total compliance has not occurred or a plan for compliance has not been submitted to the Administrator within 30 days from the date of notice, then the Administrator shall issue a cease-and-desist order and notify the record owner of a hearing date by the Planning and Zoning Commission to consider revocation of the conditional use permit. c. The Planning and Zoning Commission shall revoke the conditional use permit if the use and/or property is/are not in total compliance. The Planning and Zoning Commission may grant up to a 30 day period for compliance. The conditional use permit shall remain in suspension and the cease-and-desist order shall remain in effect until total compliance is obtained. d. At the end of a compliance period, the Planning and Zoning Commission shall revoke the conditional use permit if total compliance has not been obtained. e. If the use and property are brought into compliance, any further violation of terms of the conditional use permit within 90 days from the initial notice of violation are grounds for immediate revocation of the conditional use permit. f. Revoked conditional use permits may only be reinstated by the City Council, which may

^h , Wd Z Ϯϱ͘ϬϳͲ &/E/d/KE^ A Abutting means two lots sharing the same or common property lines, including lots separated by an alley. means a structure that is subordinate to the principal building, which serves a purpose that is customarily and clearly associated with the principal use. Examples of accessory buildings include storage sheds, gazebos, detached carports, and detached residential garages. The term does not include structured parking.

Accessory Dwelling Unit means a residential dwelling unit, but not a manufactured home, located on the same lot as a single-family dwelling unit, either within the same building as the single-family dwelling unit or in a detached building. Such accessory unit has a separate entrance, kitchen, sleeping area, and full bathroom facilities.

Accessory Use ϐ principal use, located on the same lot or parcel.

Adaptive Reuse means the rehabilitation or renovation of an existing building or structure for any use(s) other than the present use(s).

Adjacent Property means property that touches or is directly across a public street, private street, or access easement, or right-of-way (other than a freeway or principal arterial) from the subject property.

Administrator means the Director of the Planning Division for the City of Sioux City, Iowa.

Adult Day Care means a facility that provides care for the elderly and / or functionally impaired adults in a protective setting for a portion of a 24-hour day. means any exhibition, display, activity, or dance that involves the appearance or exposure to view of ϐ . means an adult bookstore, adult video store, adult cabaret, adult model studio, adult motel, adult motion picture theater, or adult theater.

Agriculture means land (with and without farm residences) which is primarily used for the com ϐ ǡ ϐ ǡ Ǣ Ǣ Ǣ Ǣ ing; pasturage; aquaculture, and truck farming. The term also includes the raising or breeding of livestock, cattle, horses, poultry, where there is no more than one animal equivalent unit per acre, and the keeping of bees. The term includes the necessary accessory uses for storing the products and inputs needed to produce them. The term does not include intensive agriculture, nor does it include the accessory use of land for personal gardens or the use of open spaces for raising crops, provided that no mechanized equipment is used for planting, cultivation, or harvest.

Airport means any area of land or water designed and set aside for the landing and take-off of aircraft and utilized, or to be utilized, in the interest of the public for such purposes. The term does

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not include heliport.

Airport Hazard means any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 C.F.R. § 77.21, 77.23 and 77.25 as revised March 4, 1972, and ™Š‹…Š ‘„•–”—…– –Š‡ ƒ‹” •’ƒ…‡ ”‡“—‹”‡† ˆ‘” –Š‡ Ď?Ž‹‰Š– ‘ˆ ƒ‹”…”ƒˆ– ƒÂ?† ŽƒÂ?†‹Â?‰ ‘” –ƒÂ?Â‡ÇŚÂ‘ÂˆÂˆ ƒ– ƒÂ? ƒ‹”’‘”– ‘” is otherwise hazardous to such landing or taking off of aircraft.

Airport Hazard Area means any area of land or water upon which an airport hazard might be established if not prevented as provided by this Code and Chapter 329, Airport Zoning, of the Iowa Code.

Airport Height Â?‡ƒÂ?•ǥ —Â?Ž‡•• ‘–Š‡”™‹•‡ •’‡…‹Ď?‹‡†ǥ –Š‡ †ƒ–—Â? •ŠƒŽŽ „‡ Â?‡ƒÂ? •‡ƒ Ž‡˜‡Ž ‹Â? ƒŽŽ œ‘Â?‡• •‡– out in this Code and shown on the airport hazard zoning map. Ž…‘Š‘Ž‹… ‡˜‡”ƒ‰‡ ƒÂ?† ‘„ƒ……‘ ÂƒÂŽÂ‡Â•ÇĄ ˆˆ•‹–‡ ‘Â?•—Â?’–‹‘Â? Â?‡ƒÂ?• ƒ „—•‹Â?॥ ™Š‘•‡ Ď?Ž‘‘” •’ƒ…‡ is primarily devoted to the retail sale of beer, wine, other alcoholic beverages, or tobacco products for off-premises consumption and which requires a license under Iowa state regulations for the sale of beer, wine, or other alcoholic beverages. Such use may include drive-up or drive-through buildings or properties. Ž…‘Š‘Ž‹… ‡˜‡”ƒ‰‡ ÂƒÂŽÂ‡Â•ÇĄ Â?ÇŚ ‹–‡ ‘Â?•—Â?’–‹‘Â? Â?‡ƒÂ?• ƒ „—•‹Â?॥ ™Š‘•‡ Ď?Ž‘‘” •’ƒ…‡ ‹• ’”‹Â?ƒ”‹Ž› devoted to the sale of beer, wine, or other alcoholic beverages for on-premises consumption and which requires a license under Iowa state regulations.

All-Weather Surface means areas paved with Portland Cement Concrete (PCC), hotmix asphalt (HMA), graded stone, macadam, bituminous concrete, grass-crete pavers, uni-stone pavers, or other paving materials approved by the City Engineer.

Alley means a minor right-of-way, dedicated to public use, not more than 20 feet wide, which gives a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

Allowed Use means a use allowed by right in a zoning district without the need for special administrative review and approval, upon satisfaction of the standards and requirements of this Zoning and Sign Code.

Amenity means aesthetic or other characteristics of a development that increase its desirability to a community or its marketability to the public. Amenities may differ from development to de˜‡Ž‘’Â?‡Â?– „—– Â?ƒ› ‹Â?…Ž—†‡ •—…Š –Š‹Â?‰• ĥ ƒ —Â?‹Ď?‹‡† „—‹Ž†‹Â?‰ †‡•‹‰Â?ÇĄ ”‡…”‡ƒ–‹‘Â?ƒŽ ÂˆÂƒÂ…Â‹ÂŽÂ‹Â–Â‹Â‡Â•ÇĄ Â˜Â‹Â‡Â™Â•ÇĄ landscaping and tree preservation, or attractive site design. Â?‹Â?ƒŽ ‘ƒ”†‹Â?‰ means any premises where any combination of dogs, cats or other household pets, totaling four or more animals, six months of age or older, are kept, boarded or bred for the ‹Â?–‡Â?–‹‘Â? ‘ˆ ’”‘Ď?‹–Ǥ Animal Feeding Operation means a lot, yard, corral, building, or other area in which animals are …‘Â?Ď?‹Â?‡† ƒÂ?† ˆ‡† ƒÂ?† Â?ƒ‹Â?–ƒ‹Â?‡† ˆ‘” ÂˆÂ‘Â”Â–Â›ÇŚĎ?‹˜‡ †ƒ›• ‘” Â?‘”‡ ‹Â? ƒÂ?› Â–Â™Â‡ÂŽÂ˜Â‡ÇŚÂ?‘Â?–Š ’‡”‹‘†ǥ ƒÂ?† ƒŽŽ structures used for the storage of manure from animals in the operation. Except as required for a national pollutant discharge elimination system permit required pursuant to the Federal Water Pollution Control Act, 33 U.S.C. CH. 26, as amended, an animal feeding operation does not include a livestock market.

Animal Grooming Facilities means an establishment where domestic animals are bathed, clipped, or combed for the purpose of enhancing their appearance or health, and for which a fee is charged, but not including overnight boarding of animals.

Animal Shelter means a facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by the City or County Animal Control or the Humane Society under the provisions of this Code. Â?‹Â?ƒŽ ‡–‡”‹Â?ƒ”› Â‡Â”Â˜Â‹Â…Â‡Â•ÇĄ Â?ƒŽŽ Â?‹Â?ƒŽ means a use in which medical care is provided for household pets (e.g., dogs, cats, birds, and exotic pets). The phrase does not include medical care for wild animals or livestock. Â?Â?‡šƒ–‹‘Â? means the act or process of adding land to the City, usually an incorporated place, by an ordinance, a court order, or other legal action.

Antenna Â?‡ƒÂ?• ƒÂ?› •›•–‡Â? ‘ˆ ™‹”‡•ǥ ’‘Ž‡•ǥ ”‘†•ǥ ”‡Ď?Ž‡…–‹Â?‰ †‹•Â?•ǥ ‘” •‹Â?‹Žƒ” †‡˜‹…‡• —•‡† ˆ‘” –Š‡ transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.

Antenna, Amateur Radio means any antenna that either transmits or receives electromagnetic signals and is operated by a licensed amateur radio operator for use as part of the Amateur Radio Service.

Antenna, Dish means a telecommunications device used to send and receive microwave signals. It is a parabolic shaped antenna used for data transmission and broadcasting.

Apartment means a multi-family building type that is comprised of three or more dwelling units, each having an entrance to a hallway, stairway, or balcony in common with at least one other dwelling unit.

Apiary means a place in which a colony or colonies of bees are kept; for example, in a stand or shed for beehives, or a bee house containing a number of beehives.

Applicant Â?‡ƒÂ?• ƒ ’‡”•‘Â?ÇĄ Ď?‹”Â?ÇĄ ‘” ƒ‰‡Â?…› –Šƒ– ‡š‡…—–‡• –Š‡ Â?‡…‡••ƒ”› ˆ‘”Â?• –‘ ‘„–ƒ‹Â? ƒ †‡˜‡Žopment order for any zoning, building, land disturbance, or other activity regulated by this Code.

Assisted Living/Congregate Care means a residential facility that provides meals and assistance with daily activities, such as dressing, grooming, and bathing, for the elderly or adults who are unable to manage these activities themselves.

Automobile Repairs and Service, Heavy means the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body work, framework, welding, and major painting service.

Automobile Sales, Rental, and Service means a use that sells, rents, or performs services on automobiles, light trucks, small boats (e.g., no sleeping quarters), all-terrain vehicles, and motorcycles, where the inventory is new or used and is stored for any length of time on-site. The use may also include automobile fueling or charging stations, or automobile washes, when such use is an accessory use to the principal use (e.g., fueling or washing the vehicles being rented, sold, or serviced on the property). The use does not include body shops (e.g., collision repair), paint booths, or reupholstering unless they are approved as principal uses on the same site.

Automobile Wash means any area or business using self-service, in-bay automatic, or conveyor equipment for cleaning and washing motor vehicles, whether as a part of another business operation (e.g., as an accessory use to an automobile fueling or charging station, automobile sales, rental, and service), or as a stand-alone operation, of any type, on a commercial basis. The phrase “automo„‹Ž‡ Â™ÂƒÂ•ÂŠÇł ‹Â?…Ž—†‡• Ď?Ž‡‡– ƒÂ?† Â?—Â?‹…‹’ƒŽ ‹Â?ÇŚÂ„ÂƒÂ› ƒ—–‘Â?ƒ–‹… ƒÂ?† …‘Â?˜‡›‘” ƒ—–‘Â?‘„‹Ž‡ ™ƒ•Š ˆƒ…‹Ž‹–‹‡•Ǥ B ‡† ƒÂ?† ”‡ƒÂ?ˆƒ•– ‘Â?‡ means a lodging service that: 1. Provides overnight or short-term accommodations to guests or visitors, usually including provision of breakfast; 2. Is located in a large single-family residential building that has been adapted for this use; 3. Is always owned and operated by the residential owner or resident manager of the structure; ͜Ǥ Â?…Ž—†‡ Â?‘ Â?‘”‡ –ŠƒÂ? Ď?‹˜‡ •Ž‡‡’‹Â?‰ ”‘‘Â?• ˆ‘” ‰—‡•–•Ǣ ƒÂ?† 5. Accommodates each guest or visitor for no more than seven consecutive days during any one month period. ‡† ƒÂ?† ”‡ƒÂ?ˆƒ•– Â?Â? means: 1. Existing single-family structure or portion thereof, which was originally constructed for residential purposes; 2. Contains not more than eight rooming units for accommodating, for compensation, persons who are transients; and 3. Occupied by a full-time resident owner or resident manager. ‡•– ƒÂ?ƒ‰‡Â?‡Â?– ”ƒ…–‹…‡• means that combination of conservation measures, structures, vegetation, or other management practices that reduces or avoids adverse impacts of development on an adjoining site’s land, water, or waterways and water bodies. ‡Žˆ”› means small square bell tower placed atop a roof to house a bell, often found on churches and schools. Ž‹‰Š–‡† ‡‹‰Š„‘”Š‘‘† means an area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, incompatible land use relationships, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the actual value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by Ď?‹”‡ ƒÂ?† ‘–Š‡” Â…ÂƒÂ—Â•Â‡Â•ÇĄ ‘” ƒ …‘Â?„‹Â?ƒ–‹‘Â? ‘ˆ •—…Š ÂˆÂƒÂ…Â–Â‘Â”Â•ÇĄ •—„•–ƒÂ?–‹ƒŽŽ› ‹Â?’ƒ‹”• ‘” ƒ””‡•–• –Š‡ •‘—Â?† growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, or welfare in its present condition and use. (See Section 404.1, Area Established by City or County, Chapter 404, Urban Revitalization Tax Exemptions, Iowa Code) Ž‘…Â? means an area of land bounded by a street, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, exterior boundaries of a subdivision, shorelines of waterways, or corporate boundaries. Ž‘…Â? ƒ…‡ means that portion of a block or tract of land facing the same side of a single street and lying between the closest intersecting streets. Ž‘…Â? ”‘Â?– means the section of a block fronting on a street between two intersecting streets or other block boundary. ‘ƒ”† ‘ˆ †Œ—•–Â?‡Â?– ȋDz ÇłČŒ means the City of Sioux City Board of Adjustment (BOA) who, in accordance with Chapter 414, City Zoning, Iowa Code, Section 414.7, Board of Adjustment, may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of this Code in harmony with its general purposes and intent and in accordance with –Š‡ ‰‡Â?‡”ƒŽ ƒÂ?† •’‡…‹Ď?‹… ”—Ž‡• …‘Â?–ƒ‹Â?‡† ‹Â? –Š‹• ‘†‡ǥ ƒÂ?† ™Š‘ Â?ƒ› ƒŽ•‘ ’”‘˜‹†‡ –Šƒ– ƒÂ?› ’”‘’‡”–› owner aggrieved by an action of the City may petition to modify the regulations and restrictions of this Code. ‘ƒ”†‹Â?‰ ‘Â?‡ means a premises used by its owner or lessee for the purpose of letting rooms for rental to three or more persons not related within the third degree of consanguinity to the owner or lessee where supervision or assistance with activities of daily living is provided to such persons.

A boarding home does not include a facility, home, or program otherwise subject to licensure or regulation by the department of human services, department of inspections and appeals, or department of public health. ‘Â?† means a document issued by a surety, in return for a fee or premium, guaranteeing the performance of the terms and conditions of a development approval. —ˆˆ‡”›ƒ”† Â?‡ƒÂ?• ƒ —Â?‹– ‘ˆ ŽƒÂ?†ǥ –‘‰‡–Š‡” ™‹–Š ƒ •’‡…‹Ď?‹‡† –›’‡ ƒÂ?† ƒÂ?‘—Â?– ‘ˆ ’ŽƒÂ?–‹Â?‰ –Š‡”‡‘Â?ÇĄ ƒÂ?† ƒÂ?› •–”—…–—”‡• ™Š‹…Š Â?ƒ› „‡ ”‡“—‹”‡† „‡–™‡‡Â? ŽƒÂ?† —•‡• –‘ ‡Ž‹Â?‹Â?ƒ–‡ ‘” Â?‹Â?‹Â?‹œ‡ …‘Â?Ď?Ž‹…–• between them. —‹Ž†‹Â?‰ means any structure having a roof or partial roof supported by columns, posts, or walls for the enclosure of persons, animals, equipment, or chattels of any kind. —‹Ž†‹Â?‰ ‘˜‡”ƒ‰‡ ƒ–‹‘ means the footprint of all buildings (area within the exterior walls) on a parcel or lot as a percentage of the total area of the parcel or lot. —‹Ž†‹Â?‰ Â?˜‡Ž‘’‡ means the area formed by the front, side, and rear building restriction or setback lines of a lot within which the principal buildings must be located. —‹Ž†‹Â?‰ ‡”Â?‹– Â?‡ƒÂ?• ƒÂ? ‘ˆĎ?‹…‹ƒŽ †‘…—Â?‡Â?– ‘” …‡”–‹Ď?‹…ƒ–‡ ‹••—‡† „› –Š‡ ‹–› ™Š‹…Š ƒ—–Š‘”‹œ‡• –Š‡ construction or siting of any building. —‹Ž†‹Â?‰ǥ ”‹Â?…‹’ƒŽ means a building in which is conducted the primary use of the lot on which it is situated. In any residential zoning district any dwelling shall be deemed to be the principal building on the lot on which it is located. —ŽÂ? ‡‰—Žƒ–‹‘Â?• means standards and controls that establish the maximum size of buildings and structures on a lot and the buildable area within which the building can be located, including coverÂƒÂ‰Â‡ÇĄ •‡–„ƒ…Â?•ǥ Š‡‹‰Š–ǥ ‹Â?’‡”˜‹‘—• •—”ˆƒ…‡ Â”ÂƒÂ–Â‹Â‘ÇĄ Ď?Ž‘‘” ƒ”‡ƒ Â”ÂƒÂ–Â‹Â‘ÇĄ ŽƒÂ?†•…ƒ’‡ •—”ˆƒ…‡ Â”ÂƒÂ–Â‹Â‘ÇĄ ƒÂ?† ›ƒ”† requirements. —•‹Â?॥ •–ƒ„Ž‹•ŠÂ?‡Â?– means a place of business carrying on operations the ownership or management of which are separate and distinct from any other place of business located on the same zoning lot. The direct and immediate access to each business establishment is separate and distinct from the direct and immediate access to any other business establishment. Several business establishments may be located under one roof or have a common general entrance and still be separate and distinct business establishments.

C Caliper means the American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six inches above the ground for trees up to and including four-inch caliper size, and as measured at 12 inches above the ground for larger size trees.

Campground means a plot of ground designed for the temporary (usually one night) use by travel trailers, recreation vehicles or tents. A campground shall limit the stay of guests to seven days and shall supply toilet and bathing facilities for the guests as essential characteristics.

Carport means a roofed structure not more than 75 percent enclosed by walls and attached to the principal building for the purpose of providing shelter for one or more motor vehicles. ‡”–‹Ď?‹…ƒ–‡ ‘ˆ ’’”‘’”‹ƒ–‡Â?॥ means a permit issued by the Historic Preservation Commission (HPC) granting an applicant approval for the alteration, change, demolition, relocation, excavation, or new construction of a contributing site, contributing structure, landmark, noncontributing structure, or noncontributing site in an historic district. ‡”–‹Ď?‹…ƒ–‡ ‘ˆ ……—’ƒÂ?…› means a statement setting forth that a building or structure complies with this Code, and that the building or structure may be used for the purposes stated therein.

Child means either of the following: 1. A person 12 years of age or younger; or 2. A person 13 years of age or older but younger than 19 years of age who has a developmental disƒ„‹Ž‹–› ĥ †‡Ď?‹Â?‡† —Â?†‡” ‡†‡”ƒŽ ‡˜‡Ž‘’Â?‡Â?– ‹•ƒ„‹Ž‹–‹‡• ••‹•–ƒÂ?…‡ ƒÂ?† ‹ŽŽ ‘ˆ ‹‰Š–• …– ‘ˆ ʹͲͲͲǥ —„Ǥ Ǥ ‘Ǥ ͳͲ͸nj͜Ͳʹǥ ĥ …‘†‹Ď?‹‡† ‹Â? ͜ʹ Ǥ Ǥ ČšÍłÍˇÍ˛Í˛Í´Č‹ÍşČŒÇ¤ Child Care Center means a facility providing child care or preschool services for seven or more children, except when the facility is registered as a child development home. See Chapter 237A, Child Care Facilities, Iowa Code.

Child Care Facility means a child care center, preschool, or a registered child development home.

Child Care Home Â?‡ƒÂ?• ƒ ’‡”•‘Â? ‘” ’”‘‰”ƒÂ? ’”‘˜‹†‹Â?‰ …Š‹Ž† …ƒ”‡ –‘ Ď?‹˜‡ ‘” ˆ‡™‡” …Š‹Ž†”‡Â? ƒ– ƒÂ?› one time that is not registered to provide child care under Chapter 237A, Child Care Facilities, Iowa Code.

Child Development Home means a person or program registered under Section 237A.3A, Child Development Homes, Chapter 237A, Child Care Facilities, Iowa Code, who may provide child care to six or more children at any one time.

City means the City of Sioux City, Iowa.

City Attorney means the attorney for the City of Sioux City, Iowa.

City Clerk Â?‡ƒÂ?• ƒÂ? ‡Ž‡…–‡† ‘” ƒ’’‘‹Â?–‡† ‘ˆĎ?‹…‹ƒŽ ™Š‘•‡ Œ‘„ ‹• –‘ –ƒÂ?‡ …ƒ”‡ ‘ˆ –Š‡ ”‡…‘”†• ƒÂ?† ‘ˆĎ?‹…‹ƒŽ papers and business of the City.

City Council means the City Council of Sioux City, Iowa. ‹–› Â?‰‹Â?‡‡” Â?‡ƒÂ?• ƒ ’‡”•‘Â? ‘” Ď?‹”Â? ”‡…‘‰Â?‹œ‡† „› –Š‡ ‹–› ‘ˆ ‹‘—š ‹–› ĥ ”‡•’‘Â?•‹„Ž‡ ˆ‘” ƒ’proving construction design of public works such as streets (arterials, collectors), roads, bridges, and other infrastructure improvements in the City.

Clinic means a facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis, including emergency treatment, diagnostic services, training, administration, and services to outpatients, employees, or visitors.

Club means a voluntary association of persons organized for cultural, recreational, fraternal, civic, charitable or similar purpose, but not including an organization engaged primarily in a service or activity customarily conducted as a business.

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Cluster means a development pattern or design technique in which lots are grouped together, rather than spread evenly throughout a parcel (as in conventional subdivision development). Cluster development allows the remaining land to be used for recreation, open space, and the preservation of natural resources. ‘ŽŽ‡‰‡ǥ Â?Â‹Â˜Â‡Â”Â•Â‹Â–Â›ÇĄ ‘” ‘…ƒ–‹‘Â?ƒŽ …Š‘‘Ž means a community college, college, university, vocational / technical school, trade school, language school, business school, training center, beauty school, culinary school, and comparable advanced or continuing education facilities. The phrase †‘‡• Â?‘– ‹Â?…Ž—†‡ Â?—•‹… •…Š‘‘Ž•ǥ Ď?‹–Â?॥ …‡Â?–‡”•ǥ •’‘”–• ‹Â?•–”—…–‹‘Â?ÇĄ •™‹Â?Â?‹Â?‰ ‹Â?•–”—…–‹‘Â?ÇĄ ‘” Â?ƒ”–‹ƒŽ arts instruction.

Column means a support pillar, usually round, found on porches and as a decorative detail. ‘Â?Â?‡”…‹ƒŽ —–†‘‘” ƒŽ‡• ˜‡Â?– means outdoor sales of retail and seasonal products on a seasonal or temporary basis. Illustrative temporary commercial sales include seasonal holiday sales ȋ‡Ǥ‰Ǥǥ ’—Â?Â’Â?‹Â?• ƒÂ?† Š”‹•–Â?ĥ Â–Â”Â‡Â‡Â•ČŒÇĄ –”—…Â?Ž‘ƒ† Â•ÂƒÂŽÂ‡Â•ÇĄ –‡Â?’‘”ƒ”› Ď?Ž‡ƒ Â?ƒ”Â?‡–•ǥ –‡Â?– Â•ÂƒÂŽÂ‡Â•ÇĄ ƒÂ?† ‘—–door sales by itinerant vendors (e.g., poster or framed art sale, carpet sales).

Commercial Retail means commercial and retail uses that do not include regular outside storage or sales. The phrase “commercial retail� includes uses that are comparable to the following: 1. Furniture and home furnishings stores; 2. Electronics and appliance stores; 3. Paint and wallpaper stores; 4. Food and beverage stores; 5. Health and personal care stores; 6. Clothing and clothing accessory stores; 7. Sporting goods, hobby, book, and music stores; 8. General merchandise stores; and 9. Miscellaneous store retailers.

Commission means the Planning and Zoning Commission of Sioux City, Iowa. Also referred to as the “Planning and Zoning Commission�.

Community Garden Â?‡ƒÂ?• ƒ ’”‹˜ƒ–‡ ‘” ’—„Ž‹… ˆƒ…‹Ž‹–› ˆ‘” …—Ž–‹˜ƒ–‹‘Â? ‘ˆ ÂˆÂ”Â—Â‹Â–ÇĄ Ď?Ž‘™‡”•ǥ Â˜Â‡Â‰Â‡Â–ÂƒÂ„ÂŽÂ‡Â•ÇĄ ‘” ornamental plants by more than one person or family.

Composting Facility means a site on which decomposition processes are used on solid waste (including leaves, grass, manures, and nonmeat food production wastes received from residential, commercial, industrial non-hazardous, and community sources, but not including bio-solids) to produce compost. Composting facilities do not include compost bins that are used to compost household waste and landscaping waste on and for an individual residential lot.

Comprehensive Plan means the most current and legally adopted City of Sioux City Comprehensive Plan, including all adopted maps, charts, and explanatory material. The Comprehensive Plan includes a compilation of policy statements; goals; standards; maps; and recommended planning, Ď?‹•…ƒŽ ƒÂ?† ’—„Ž‹… ™‘”Â?• ’”‘‰”ƒÂ?•Ǣ –‘‰‡–Š‡” ™‹–Š ƒŽŽ ’‡”–‹Â?‡Â?– †ƒ–ƒ ”‡Žƒ–‹˜‡ –‘ –Š‡ Â’ÂƒÂ•Â–ÇĄ ’”‡•‡Â?–ǥ ƒÂ?† future trends of the City with respect to its population, housing, economic, social, and environmental development patterns; its land, water, and natural resources and use, its transportation facilities, public facilities and utilities; and any other matters relative to the present and future patterns of life within the City, prepared and approved by the Planning and Zoning commission with the advice and assistance of the City’s planning staff. The Comprehensive Plan serves as a guide and resource for ‹–› ‘ˆĎ?‹…‹ƒŽ• ƒÂ?† ƒ‰‡Â?…‹‡• ‹Â? –Š‡ ’‡”ˆ‘”Â?ƒÂ?…‡ ‘ˆ –Š‡‹” †—–‹‡• „—–ǥ ‡š…‡’– ĥ ‘–Š‡”™‹•‡ ’”‘˜‹†‡† ‹Â? this Code and the Sioux City Code, shall not be binding upon them.

Conditional Use means a use or occupancy of a structure, or use of land, permitted only upon issuance of a conditional use permit and subject to stated conditions required to make the use compatible with other uses permitted in the same zone or vicinity.

Condominium means a multiple dwelling or development containing individually owned dwelling units and an undivided interest in jointly owned and shared areas and facilities. ‘�•‡”˜ƒ–‹‘� ƒ•‡�‡�– means an easement that is intended to protect, preserve, and conserve a natural feature, which shall prohibit the construction of any buildings or structures within the easement and shall prohibit the removal of all vegetation, except that which is necessary for protecting the public health and safety and/or according to an approved management plan, where required.

Coping means the capping at the top of a wall for protection from weather elements.

Cornice Â?‡ƒÂ?• –Š‡ Ď?‹Â?‹•Š‡† ‡†‰‡ ‘ˆ –Š‡ ”‘‘ˆ ™Š‡”‡ ‹– Â?‡‡–• –Š‡ ‡š–‡”‹‘” Â™ÂƒÂŽÂŽÇĄ ‘ˆ ˜ƒ”›‹Â?‰ Â•Â‹ÂœÂ‡Â•ÇĄ sometime plain, but often decorative and marked by brackets, dentils, medallions or some other decorative feature. ”‘•• ……‡•• ƒ•‡Â?‡Â?– means a provision for ingress and egress of vehicles from an abutting property to an adjacent street, is shared by two or more properties, or is channeled by some means indirectly to the adjacent street.

Curb Grade means the top of the curb on the street or alley adjacent to the nearest street of the sight distance triangle or, if no curb exists, from the edge of the nearest traveled way from which vertical measurements are taken.

Cupola means a decorative, small, projecting tower at the top of the roof of a building, often square, round or octagonal in shape.

D Day Care Center means a place that is operated by any institution, society, agency, corporation, person, or any other group providing care, supervision, or guidance of any number of children, unaccompanied by a parent or guardian, on a regular basis.

Deed Restriction means a private legal restriction on the use of land, attached in the deed to a property. A deed restriction is most commonly used in the establishment of a subdivision to restrict the use of all individual lots in the development to a certain type of use. Usually, the community has no control over deed restrictions. Deed restrictions are binding on subsequent owners and is sometimes also known as a restrictive covenant.

Density, Gross is calculated by dividing the number of dwelling units by the site area.

Density, Net is calculated by dividing the number of dwelling units by the net buildable area, which excludes the area of open space.

Department means the Community Development Department, Planning Division in Sioux City, Iowa.

Design Guidelines mean general parameters or recommendations that are to be followed in a site or building design and development.

Developer Â?‡ƒÂ?• ƒÂ?› ’‡”•‘Â?ÇĄ Ď?‹”Â?ÇĄ ’ƒ”–Â?‡”•Š‹’ǥ Œ‘‹Â?– ˜‡Â?–—”‡ǥ Ž‹Â?‹–‡† Ž‹ƒ„‹Ž‹–› …‘Â?’ƒÂ?›ǥ ƒ••‘…‹ƒtion, or corporation who participates as owner, promoter, developer, or agent in the planning, platting, or development of a subdivision or development.

Development Â?‡ƒÂ?• ƒÂ?› „—‹Ž†‹Â?‰ǥ …‘Â?•–”—…–‹‘Â?ÇĄ ”‡Â?‘˜ƒ–‹‘Â?ÇĄ Â?‹Â?‹Â?‰ǥ ‡š–”ƒ…–‹‘Â?ÇĄ †”‡†‰‹Â?‰ǥ Ď?‹ŽŽ‹Â?‰ǥ excavation, or comparable activity or operation; any material change in the use or appearance of any structure or in the land itself; the division of land into parcels; any change in the intensity of use of land (such as an increase in the number of dwelling units in a structure); any change from one use to another use; and any activity that alters a river, stream, lake, pond, canal, woodland, wetland, endangered species habitat, or other natural resource area. Development does not include agriculture and forestry operations.

Development Approval means any written authorization from a governmental entity that authorizes the commencement of development.

Director means the manager of the City’s Planning Division, referred to in this Code as the Admin‹•–”ƒ–‘” ȋ•‡‡ †‡Ď?‹Â?‹–‹‘Â? ÂˆÂ‘Â”ÇĄ Dz †Â?‹Â?Â‹Â•Â–Â”ÂƒÂ–Â‘Â”Ç¤ÇłČŒ ‘Â?ƒ–‹‘Â? ‹Â? means containers dedicated for the sole purpose of collecting discarded materials for ”‡—•‡ –‘ –Š‡ „‡Â?‡Ď?‹– ‘ˆ Â?‘Â?’”‘Ď?‹– …Šƒ”‹–ƒ„Ž‡ ‘”‰ƒÂ?‹œƒ–‹‘Â?•Ǥ Dormer means a window opening at the roof level, topped by a front gable or shed roof.

Dormitory means a building with many rooms providing sleeping and living accommodations for a number of usually unrelated persons; usually associated with an educational institution, fraternities, or sororities.

Driveway means a private accessway, primarily for vehicles, leading from a street to a dwelling unit, parking lot, parking garage, or loading area.

Driveway Approach means an area of the public street right-of-way located behind the roadway and property adjacent to the public right-of-way that is intended to provide access for vehicles from the roadway to the adjacent property. —’Ž‡š means a building with two dwelling units that is located on a single lot that is designed or arranged to be occupied by two families living independently. &Ĺ?Ĺ?ĆľĆŒÄž ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ Dwelling means any structure, or portion thereof, which is designed or used for residential purposes; provided, however, that the following are not dwellings: 1. Transient accommodations; and 2. Institutional care facilities such as hospitals, rest homes, orphanages, and homes for the aged.

Dwelling, Attached means two or more dwelling units in a single structure or attached structures, each of which could have a single lot, which are separated from each other by a dividing wall. Such units may be side-by-side, back-to-back, or both. This includes twin homes and townhouses.

Dwelling Unit means any room or group of rooms located within a dwelling forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating, and sanitation by one family.

E ƒ•‡Â?‡Â?– Â?‡ƒÂ?• ƒ—–Š‘”‹œƒ–‹‘Â? „› ƒ ’”‘’‡”–› ‘™Â?‡” ˆ‘” –Š‡ —•‡ „› ƒÂ?‘–Š‡”ǥ ƒÂ?† ˆ‘” ƒ •’‡…‹Ď?‹‡† purpose, of any designated part of his/her property. ƒ”–Š‡Â? ‡”Â? means a natural or man-made mound of earth that is equal to or in excess of 30 inches in vertical height used to shield or buffer properties from adjoining uses, streets, highways, ‘” –‘ …‘Â?–”‘Ž –Š‡ †‹”‡…–‹‘Â? ‘ˆ •—”ˆƒ…‡ ™ƒ–‡” Ď?Ž‘™•Ǥ ƒ˜‡• means the edge of the roof that overhangs the exterior walls, sometimes with exposed rafters. ˆˆ‡…–‹˜‡ ƒ–‡ Â?‡ƒÂ?• –Š‡ †ƒ–‡ –Šƒ– –Š‹• ‘†‡ Ď?‹”•– „‡…ƒÂ?‡ ‡ˆˆ‡…–‹˜‡Ǥ Ž†‡” means a person 60 years of age or older (Chapter 231B, Elder Group Homes, Iowa Code). Ž†‡” ”‘—’ ‘Â?‡ means a single-family residence that is operated by a person who is providing ”‘‘Â?ÇĄ Â„Â‘ÂƒÂ”Â†ÇĄ ƒÂ?† ’‡”•‘Â?ƒŽ …ƒ”‡ ƒÂ?† Â?ƒ› ’”‘˜‹†‡ ÂŠÂ‡ÂƒÂŽÂ–ÂŠÇŚÂ”Â‡ÂŽÂƒÂ–Â‡Â† •‡”˜‹…‡• –‘ –Š”‡‡ –‘ Ď?‹˜‡ elders who are not related to the person providing the service within the third degree of consanguinity or afĎ?‹Â?‹–›ǥ ƒÂ?† ™Š‹…Š ‹• •–ƒˆˆ‡† „› ƒÂ? ‘Â?nj•‹–‡ Â?ƒÂ?ƒ‰‡” ʹ͜njŠ‘—”• ’‡” Â†ÂƒÂ›ÇĄ •‡˜‡Â? †ƒ›• ’‡” ™‡‡Â? Č‹Chapter 231B, Elder Group Homes, Iowa Code). Ž‡…–”‹…ƒŽ —„•–ƒ–‹‘Â? means a part of an electrical generation, transmission, and distribution system in which: 1. Voltage is transformed from high to low, or the reverse; 2. The type of current is changed; 3. Current is gathered from distributed power generation facilities, such as wind turbines or photovoltaic panels; 4. Current is switched to back-up lines; or 5. Circuits are parallelized in case of failure. Â?…”‘ƒ…ŠÂ?‡Â?– means an advancement or intrusion beyond the lines or limits as designated and established by this Code, and to infringe or trespass into or upon the possession or right of others without permission. š–”ƒ…–‹‘Â? means the business enterprise of excavation and removal of stone, sand, gravel, soil, or similar earthen materials from a site, whether the intent is to increase the utility and values of the •‹–‡ ‘” –‘ —•‡ –Š‡ Â?ƒ–‡”‹ƒŽ• ˆ‘” ŽƒÂ?†Ď?‹ŽŽ‹Â?‰ ‘Â? ƒÂ?‘–Š‡” •‹–‡Ǥ & Façade means an elevation of a building that faces a street or that includes a principal public entrance.

Family means one or more persons related by blood, marriage, adoption or guardianship, or not Â?‘”‡ –ŠƒÂ? Ď?‹˜‡ ’‡”•‘Â?• Â?‘– •‘ Â”Â‡ÂŽÂƒÂ–Â‡Â†ÇĄ ‘……—’›‹Â?‰ ƒ †™‡ŽŽ‹Â?‰ —Â?‹– ƒÂ?† Â?ƒ‹Â?–ƒ‹Â?‹Â?‰ ƒ …‘Â?Â?‘Â? Š‘—•‡Š‘Ž†Ǥ ˆƒÂ?‹Ž›ǥ ĥ †‡Ď?‹Â?‡† ‹Â? –Š‡ ’”‡…‡†‹Â?‰ •‡Â?–‡Â?…‡ǥ Â?ƒ› ‹Â?…Ž—†‡ †‘Â?‡•–‹… •‡”˜ƒÂ?–•ǥ ‰”ƒ–—‹–‘—• guests, boarders, roomers or lodgers, but shall not exceed ten persons when all are not related by blood, marriage, adoption or guardianship. However, if the occupants are handicapped persons liv‹Â?‰ ĥ ƒ •‹Â?‰Ž‡ǥ Â?‘Â?’”‘Ď?‹– Š‘—•‡Š‘Ž†ǥ Â?‘”‡ –ŠƒÂ? Ď?‹˜‡ ’‡”•‘Â?• Â?‘– ”‡Žƒ–‡† „› „Ž‘‘†ǥ Â?ÂƒÂ”Â”Â‹ÂƒÂ‰Â‡ÇĄ ƒ†‘’tion, or guardianship, may occupy a dwelling unit.

Farm means any land or buildings or structures on or in which agriculture and farming operations are carried on, including the residence or residences of owners, occupants, or employees who live on the property. ÂƒÂ…Â–Â‘Â”Â›ÇŚ —‹Ž– ‘—•‹Â?‰ means a factory-built structure designed for residential use. For the purpose of these regulations, factory-built housing may consist of three types: modular homes, mobile homes, and manufactured homes. ÂƒÂ…Â–Â‘Â”Â›ÇŚ —‹Ž– –”—…–—”‡ means any structure which is, wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation, or assembly and installation, on a building site. ƒ‹” ƒ”Â?‡– ƒŽ—‡ means an estimate of the market value of a property, based on what a knowledgeable, willing, and unpressured buyer would probably pay to a knowledgeable, willing, and unpressured seller in the market. An estimate of fair market value may be founded either on precedent or extrapolation.

Feedlot Â?‡ƒÂ?• ƒ •Â?ƒŽŽ ‡Â?…Ž‘•—”‡ ™Š‡”‡ Â…ÂƒÂ–Â–ÂŽÂ‡ÇĄ •™‹Â?‡ǥ ‘” •Š‡‡’ ƒ”‡ …‘Â?Ď?‹Â?‡†ǥ ‘” •—…Š Žƒ”‰‡” ‡Â?…Ž‘sure where food or water is supplied so as to encourage the frequent occupancy of a space by cattle, •™‹Â?‡ǥ ‘” •Š‡‡’ ƒ– ƒ †‡Â?•‹–› ‹Â? ‡š…‡•• ‘ˆ ͳͲ Š‡ƒ† ’‡” ÂƒÂ…Â”Â‡Ç˘ ÂŠÂ‘Â™Â‡Â˜Â‡Â”ÇĄ ƒÂ?› •—…Š …‘Â?Ď?‹Â?‡Â?‡Â?– ‘ˆ Â?‘”‡ than four head of cattle, swine, or sheep shall constitute a feedlot.

Fenestration Pattern means the arrangement of windows across the facade of a building.

Floodplain Â?‡ƒÂ?• ƒÂ?› ŽƒÂ?† ƒ”‡ƒ •—•…‡’–‹„Ž‡ –‘ „‡‹Â?‰ ‹Â?—Â?†ƒ–‡† „› ™ƒ–‡” ĥ ƒ ”‡•—Ž– ‘ˆ ƒ Ď?Ž‘‘†Ǥ Ž‘‘†’Žƒ‹Â?ÇĄ ƒ•‡ Ž‘‘† Â?‡ƒÂ?• –Š‡ Ď?Ž‘‘† Šƒ˜‹Â?‰ ƒ ‘Â?‡ ’‡”…‡Â?– …ŠƒÂ?…‡ ‘ˆ „‡‹Â?‰ ‡“—ƒŽ‡† ‘” ‡š…‡‡†‡† ‹Â? ƒÂ?› ‰‹˜‡Â? ›‡ƒ”Ǥ Č‹ ‡‡ Ž‘‘†’Žƒ‹Â?ÇĄ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?ÂŽÂ‘Â‘Â†ČŒÇ¤ Ž‘‘†’Žƒ‹Â?ÇĄ ƒ•‡Â?‡Â?– Â?‡ƒÂ?• ƒÂ?› ‡Â?…Ž‘•‡† ƒ”‡ƒ ‘ˆ ƒ „—‹Ž†‹Â?‰ –Šƒ– Šƒ• ‹–• Ď?Ž‘‘” ‘” Ž‘™‡•– Ž‡˜‡Ž „‡Ž‘™ ground level (subgrade) on all sides. (Also see Floodplain, Lowest Floor).

Floodplain, Development means any man-made change to improved or unimproved real estate, ‹Â?…Ž—†‹Â?‰ „—– Â?‘– Ž‹Â?‹–‡† –‘ „—‹Ž†‹Â?‰• ‘” ‘–Š‡” •–”—…–—”‡•ǥ Â?‹Â?‹Â?‰ǥ †”‡†‰‹Â?‰ǥ Ď?‹ŽŽ‹Â?‰•ǥ ‰”ƒ†‹Â?‰ǥ ’ƒ˜‹Â?‰ǥ excavation or drilling operations. Ž‘‘†’Žƒ‹Â?ÇĄ š‹•–‹Â?‰ ‘Â?•–”—…–‹‘Â? means any structure for which the “start of constructionâ€? comÂ?‡Â?…‡† „‡ˆ‘”‡ –Š‡ ‡ˆˆ‡…–‹˜‡ †ƒ–‡ ‘ˆ –Š‡ Ď?‹”•– Ď?Ž‘‘†’Žƒ‹Â? Â?ƒÂ?ƒ‰‡Â?‡Â?– ”‡‰—Žƒ–‹‘Â?• ƒ†‘’–‡† „› –Š‡ …‹–›Ǥ Also referred to as an “existing structureâ€?. Ž‘‘†’Žƒ‹Â?ÇĄ š‹•–‹Â?‰ ÂƒÂ…Â–Â‘Â”Â›ÇŚÂ„Â—Â‹ÂŽÂ– ‘Â?‡ ƒ”Â? ‘” —„†‹˜‹•‹‘Â? means any structure for which –Š‡ Ç˛Â•Â–ÂƒÂ”Â– ‘ˆ …‘Â?•–”—…–‹‘Â?Çł …‘Â?Â?‡Â?…‡† „‡ˆ‘”‡ –Š‡ ‡ˆˆ‡…–‹˜‡ †ƒ–‡ ‘ˆ –Š‡ Ď?‹”•– Ď?Ž‘‘†’Žƒ‹Â? Â?ƒÂ?ƒ‰‡Â?‡Â?– regulations adopted by the city. Also referred to as an “existing structureâ€?. Ž‘‘†’Žƒ‹Â?ÇĄ š’ƒÂ?•‹‘Â? ‘ˆ š‹•–‹Â?‰ ÂƒÂ…Â–Â‘Â”Â›ÇŚÂ„Â—Â‹ÂŽÂ– ‘Â?‡ ƒ”Â? ‘” —„†‹˜‹•‹‘Â? means the preparation for additional sites by the construction of facilities for servicing the lots on which the factory„—‹Ž– Š‘Â?‡• ƒ”‡ –‘ „‡ ƒˆĎ?‹š‡† ȋ‹Â?…Ž—†‹Â?‰ ƒ– ƒ Â?‹Â?‹Â?—Â?ÇĄ –Š‡ ‹Â?•–ƒŽŽƒ–‹‘Â? ‘ˆ —–‹Ž‹–‹‡•ǥ –Š‡ …‘Â?•–”—…–‹‘Â? ‘ˆ •–”‡‡–•ǥ ƒÂ?† ‡‹–Š‡” Ď?‹Â?ƒŽ •‹–‡ ‰”ƒ†‹Â?‰ ‘” –Š‡ ’‘—”‹Â?‰ ‘ˆ …‘Â?…”‡–‡ Â’ÂƒÂ†Â•ČŒÇ¤ Floodplain, Factory-built Home means any structure, designed for residential use, which is wholly or in substantial part, made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this chapter, factory-built homes include mobile homes, manufactured homes and modular homes and also includes “recreational vehiclesâ€? which are placed on a site for greater than 180 consecutive days or not fully licensed for and ready for highway use.

Floodplain, Factory-built Home Park means a parcel or contiguous parcels of land divided into two or more factory-built home lots for sale or lease.

Floodplain, Flood means a general and temporary condition of partial or complete inundation of Â?‘”Â?ƒŽŽ› †”› ŽƒÂ?† ƒ”‡ƒ• ”‡•—Ž–‹Â?‰ ˆ”‘Â? –Š‡ ‘˜‡”Ď?Ž‘™ ‘ˆ •–”‡ƒÂ?• ‘” ”‹˜‡”• ‘” ˆ”‘Â? –Š‡ —Â?—•—ƒŽ ƒÂ?† rapid runoff of surface waters from any source. Ž‘‘†’Žƒ‹Â?ÇĄ Ž‘‘† Ž‡˜ƒ–‹‘Â? Â?‡ƒÂ?• –Š‡ ‡Ž‡˜ƒ–‹‘Â? Ď?Ž‘‘† ™ƒ–‡”• ™‘—Ž† ”‡ƒ…Š ƒ– ƒ ’ƒ”–‹…—Žƒ” •‹–‡ †—”‹Â?‰ –Š‡ ‘……—””‡Â?…‡ ‘ˆ ƒ •’‡…‹Ď?‹… Ď?Ž‘‘†Ǥ ‘” ‹Â?•–ƒÂ?…‡ǥ –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† ‡Ž‡˜ƒ–‹‘Â? ‹• –Š‡ ‡Ž‡˜ƒ–‹‘Â? ‘ˆ Ď?Ž‘‘† ™ƒ–‡”• ”‡Žƒ–‡† –‘ –Š‡ ‘……—””‡Â?…‡ ‘ˆ –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘†Ǥ

Floodplain, Flood Insurance Rate Map (FIRM) Â?‡ƒÂ?• –Š‡ ‘ˆĎ?‹…‹ƒŽ Â?ƒ’ ’”‡’ƒ”‡† ĥ ’ƒ”– ‘ˆ ȋ„—– ’—„Ž‹•Š‡† •‡’ƒ”ƒ–‡Ž› ˆ”‘Â?ČŒ –Š‡ Ž‘‘† Â?•—”ƒÂ?…‡ –—†› ™Š‹…Š †‡Ž‹Â?‡ƒ–‡• „‘–Š –Š‡ Ď?Ž‘‘† Šƒœƒ”† ƒ”‡ƒ• and the risk premium zones applicable to the community.

Floodplain, Flood Plain Management means an overall program of corrective and preventive Â?‡ƒ•—”‡• ˆ‘” ”‡†—…‹Â?‰ Ď?Ž‘‘† †ƒÂ?ƒ‰‡• ƒÂ?† ’”‘Â?‘–‹Â?‰ –Š‡ ™‹•‡ —•‡ ‘ˆ Ď?Ž‘‘† ’Žƒ‹Â?•ǥ ‹Â?…Ž—†‹Â?‰ „—– Â?‘– Ž‹Â?‹–‡† –‘ ‡Â?‡”‰‡Â?…› ’”‡’ƒ”‡†Â?॥ ’ŽƒÂ?•ǥ Ď?Ž‘‘† …‘Â?–”‘Ž ™‘”Â?•ǥ Ď?Ž‘‘†’”‘‘Ď?‹Â?‰ ƒÂ?† Ď?Ž‘‘† ’Žƒ‹Â? management regulations. Ž‘‘†’Žƒ‹Â?ÇĄ Ž‘‘†’”‘‘Ď?‹Â?‰ means any combination of structural and nonstructural additions, changes, or adjustment to structures, including utility and sanitary facilities, which will reduce or ‡Ž‹Â?‹Â?ƒ–‡ Ď?Ž‘‘† †ƒÂ?ƒ‰‡ –‘ •—…Š •–”—…–—”‡•Ǥ Floodplain, Floodway Â?‡ƒÂ?• –Š‡ …ŠƒÂ?Â?‡Ž ‘ˆ ƒ ”‹˜‡” ‘” •–”‡ƒÂ? ƒÂ?† –Š‘•‡ ’‘”–‹‘Â?• ‘ˆ –Š‡ Ď?Ž‘‘† ’Žƒ‹Â?• ƒ†Œ‘‹Â?‹Â?‰ –Š‡ …ŠƒÂ?Â?‡Žǥ ™Š‹…Š ƒ”‡ ”‡ƒ•‘Â?ƒ„Ž› ”‡“—‹”‡† –‘ …ƒ””› ƒÂ?† †‹•…Šƒ”‰‡ Ď?Ž‘‘† ™ƒ–‡”• ‘” Ď?Ž‘‘† Ď?Ž‘™• •‘ –Šƒ– …‘Â?Ď?‹Â?‡Â?‡Â?– ‘ˆ Ď?Ž‘‘† Ď?Ž‘™• –‘ –Š‡ Ď?Ž‘‘†™ƒ› ƒ”‡ƒ ™‹ŽŽ Â?‘– …—Â?—Žƒ–‹˜‡Ž› ‹Â?…”‡ƒ•‡ –Š‡ ™ƒ–‡” •—”ˆƒ…‡ ‡Ž‡˜ƒ–‹‘Â? ‘ˆ –Š‡ „ƒ•‡ Ď?Ž‘‘† „› Â?‘”‡ –ŠƒÂ? ‘Â?‡ ˆ‘‘–Ǥ Floodplain, Floodway Fringe Â?‡ƒÂ?• –Š‘•‡ ’‘”–‹‘Â?• ‘ˆ –Š‡ Ď?Ž‘‘† ’Žƒ‹Â?ÇĄ ‘–Š‡” –ŠƒÂ? –Š‡ Ď?ÂŽÂ‘Â‘Â†Â™ÂƒÂ›ÇĄ ™Š‹…Š …ƒÂ? „‡ Ď?‹ŽŽ‡†ǥ ÂŽÂ‡Â˜Â‡Â‡Â†ÇĄ ‘” ‘–Š‡”™‹•‡ ‘„•–”—…–‡† ™‹–Š‘—– …ƒ—•‹Â?‰ •—„•–ƒÂ?–‹ƒŽŽ› Š‹‰Š‡” Ď?Ž‘‘† Ž‡˜‡Ž• ‘” Ď?Ž‘™ ˜‡Ž‘…‹–‹‡•Ǥ Floodplain, Historic Structure means any structure that is: 1. Listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior or the Iowa State Historic ”‡•‡”˜ƒ–‹‘Â? ˆĎ?‹…‡” ĥ Â?‡‡–‹Â?‰ –Š‡ ”‡“—‹”‡Â?‡Â?–• ˆ‘” ‹Â?†‹˜‹†—ƒŽ Ž‹•–‹Â?‰ ‘ˆ –Š‡ ƒ–‹‘Â?ƒŽ ‡‰‹•–‡”Ǣ ʹǤ ‡”–‹Ď?‹‡† ‘” ’”‡Ž‹Â?‹Â?ƒ”‹Ž› †‡–‡”Â?‹Â?‡† „› –Š‡ ‡…”‡–ƒ”› ‘ˆ –Š‡ Â?–‡”‹‘” ‘” –Š‡ ‘™ƒ –ƒ–‡ ‹•–‘”‹… ”‡•‡”˜ƒ–‹‘Â? ˆĎ?‹…‡” ĥ …‘Â?–”‹„—–‹Â?‰ –‘ –Š‡ Š‹•–‘”‹…ƒŽ •‹‰Â?‹Ď?‹…ƒÂ?…‡ ‘ˆ ƒ ”‡‰‹•–‡”‡† Š‹•–‘”‹… †‹•–”‹…– ‘” ƒ district preliminarily determined by the Secretary to qualify as a registered historic district; or 3. Individually listed on a local inventory of historic places in communities with historic preserva–‹‘Â? ’”‘‰”ƒÂ?• –Šƒ– Šƒ˜‡ „‡‡Â? …‡”–‹Ď?‹‡† „› ‡‹–Š‡” a. an approved state program as determined by the Secretary of the Interior, or b. directly by the Secretary of the Interior in states without approved programs.

Floodplain, Lowest Floor Â?‡ƒÂ?• –Š‡ Ď?Ž‘‘” ‘ˆ –Š‡ Ž‘™‡•– ‡Â?…Ž‘•‡† ƒ”‡ƒ ‹Â? ƒ „—‹Ž†‹Â?‰ ‹Â?…Ž—†‹Â?‰ ƒ basement except when all the following criteria are met: ͳǤ Š‡ ‡Â?…Ž‘•‡† ƒ”‡ƒ ‹• †‡•‹‰Â?‡† –‘ Ď?Ž‘‘† –‘ ‡“—ƒŽ‹œ‡ Š›†”‘•–ƒ–‹… ’”‡••—”‡ †—”‹Â?‰ Ď?Ž‘‘†• ™‹–Š ™ƒŽŽ• or openings that satisfy the provisions of Section 25.86.120-2.d (1), and ʹǤ Š‡ ‡Â?…Ž‘•‡† ƒ”‡ƒ ‹• —Â?Ď?‹Â?‹•Š‡† Č‹Â?‘– Â…ÂƒÂ”Â’Â‡Â–Â‡Â†ÇĄ Â†Â”Â›Â™ÂƒÂŽÂŽÂ‡Â†ÇĄ Â‡Â–Â…Ç¤ČŒ ƒÂ?† —•‡† •‘Ž‡Ž› ˆ‘” Ž‘™ †ƒÂ?ƒ‰‡ potential uses such as building access, parking or storage, and 3. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in –Š‡ ‡Â?…Ž‘•‡† ƒ”‡ƒ ƒ”‡ Ž‘…ƒ–‡† ƒ– Ž‡ƒ•– ‘Â?‡ ˆ‘‘– ƒ„‘˜‡ –Š‡ ÍłÍ˛Í˛ÇŚÂ›Â‡ÂƒÂ” Ď?Ž‘‘† ÂŽÂ‡Â˜Â‡ÂŽÇĄ ƒÂ?† ͜Ǥ Š‡ ‡Â?…Ž‘•‡† ƒ”‡ƒ ‹• Â?‘– ƒ Ç˛Â„ÂƒÂ•Â‡Â?‡Â?–dz ĥ †‡Ď?‹Â?‡† ‹Â? Šƒ’–‡” ʹ͡ǤͲ͜Ǥ ͡Ǥ Â? …ƒ•‡• ™Š‡”‡ –Š‡ Ž‘™‡•– ‡Â?…Ž‘•‡† ƒ”‡ƒ •ƒ–‹•Ď?‹‡• …”‹–‡”‹ƒ ͳǥ Í´ÇĄ ;ǥ ƒÂ?† Íś ÂƒÂ„Â‘Â˜Â‡ÇĄ –Š‡ Ž‘™‡•– Ď?Ž‘‘” ‹• –Š‡ Ď?Ž‘‘” ‘ˆ –Š‡ Â?‡š– Š‹‰Š‡•– ‡Â?…Ž‘•‡† ƒ”‡ƒ –Šƒ– †‘‡• Â?‘– •ƒ–‹•ˆ› –Š‡ …”‹–‡”‹ƒ ƒ„‘˜‡Ǥ Floodplain, Minor Projects Â?‡ƒÂ?• •Â?ƒŽŽ †‡˜‡Ž‘’Â?‡Â?– ƒ…–‹˜‹–‹‡• ȋ‡š…‡’– ˆ‘” Ď?‹ŽŽ‹Â?‰ǥ ‰”ƒ†‹Â?‰ ƒÂ?† excavating) valued at less than $500.

Floodplain, New Construction (new buildings, mobile home parks) means those structures or development, including but not limited to new structures and mobile home parks, for which the start ‘ˆ …‘Â?•–”—…–‹‘Â? …‘Â?Â?‡Â?…‡† ‘Â? ‘” ƒˆ–‡” –Š‡ ‡ˆˆ‡…–‹˜‡ †ƒ–‡ ‘ˆ –Š‡ …‹–›ǯ• Ď?‹”•– Ď?Ž‘‘†’Žƒ‹Â? Â?ƒÂ?ƒ‰‡Â?‡Â?– regulations adopted by the city.

Floodplain, New Factory-built Home Park or Subdivision means a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built Š‘Â?‡• ƒ”‡ –‘ „‡ ƒˆĎ?‹š‡† ȋ‹Â?…Ž—†‹Â?‰ ƒ– ƒ Â?‹Â?‹Â?—Â?ÇĄ –Š‡ ‹Â?•–ƒŽŽƒ–‹‘Â? ‘ˆ —–‹Ž‹–‹‡•ǥ –Š‡ …‘Â?•–”—…–‹‘Â? ‘ˆ •–”‡‡–•ǥ ƒÂ?† ‡‹–Š‡” Ď?‹Â?ƒŽ •‹–‡ ‰”ƒ†‹Â?‰ ‘” –Š‡ ’‘—”‹Â?‰ ‘ˆ …‘Â?…”‡–‡ Â’ÂƒÂ†Â•ČŒ ‹• …‘Â?’Ž‡–‡† ‘Â? ‘” ƒˆ–‡” –Š‡ ‡ˆˆ‡…–‹˜‡ †ƒ–‡ ‘ˆ Ď?Ž‘‘† ’Žƒ‹Â? Â?ƒÂ?ƒ‰‡Â?‡Â?– ”‡‰—Žƒ–‹‘Â?• ƒ†‘’–‡† „› –Š‡ …‘Â?Â?—Â?‹–›Ǥ Floodplain, One-hundred (100) Year Flood Â?‡ƒÂ?• ƒ Ď?Ž‘‘† –Š‡ Â?ƒ‰Â?‹–—†‡ ‘ˆ ™Š‹…Š Šƒ• ƒ Íł ’‡”…‡Â?– chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every 100 years. Ž‘‘†’Žƒ‹Â?ÇĄ ‡…”‡ƒ–‹‘Â?ƒŽ ‡Š‹…Ž‡ means a vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest projection; 3. Designed to be self-propelled or permanently towable by a light-duty truck; and 4. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel or seasonal use.

Floodplain, Routine Maintenance means repairs necessary to keep a structure in a safe and habitable condition that do not trigger a building permit, provided they are not associated with a general improvement of the structure or repair of a damaged structure. Such repairs include: ͳǤ ‘”Â?ƒŽ Â?ƒ‹Â?–‡Â?ƒÂ?…‡ ‘ˆ •–”—…–—”‡• •—…Š ĥ ”‡nj”‘‘Ď?‹Â?‰ǥ ”‡’Žƒ…‹Â?‰ ”‘‘Ď?‹Â?‰ –‹Ž‡• ƒÂ?† ”‡’Žƒ…‹Â?‰ •‹†ing; ʹǤ š–‡”‹‘” ƒÂ?† ‹Â?–‡”‹‘” ’ƒ‹Â?–‹Â?‰ǥ ’ƒ’‡”‹Â?‰ǥ –‹Ž‹Â?‰ǥ …ƒ”’‡–‹Â?‰ǥ …ƒ„‹Â?‡–•ǥ …‘—Â?–‡” –‘’• ƒÂ?† •‹Â?‹Žƒ” Ď?‹Â?ish work; 3. Basement sealing; 4. Repairing or replacing damaged or broken window panes; 5. Repairing plumbing systems, electrical systems, heating or air conditioning systems and repairing wells or septic systems.

Floodplain, Special Flood Hazard Area means the land within a community subject to the 100 ›‡ƒ” Ď?Ž‘‘†Ǥ Š‹• ŽƒÂ?† ‹• ‹†‡Â?–‹Ď?‹‡† ĥ ‘Â?‡ ‘Â? –Š‡ …‘Â?Â?—Â?‹–›ǯ• Ž‘‘† Â?•—”ƒÂ?…‡ ƒ–‡ ƒ’Ǥ Floodplain, Start of Construction includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement, was within 180 days of the permit date. The ƒ…–—ƒŽ •–ƒ”– Â?‡ƒÂ?• ‡‹–Š‡” –Š‡ Ď?‹”•– ’Žƒ…‡Â?‡Â?– ‘” ’‡”Â?ƒÂ?‡Â?– …‘Â?•–”—…–‹‘Â? ‘ˆ ƒ •–”—…–—”‡ ‘Â? ƒ •‹–‡ǥ •—…Š as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent …‘Â?•–”—…–‹‘Â? †‘‡• Â?‘– ‹Â?…Ž—†‡ ŽƒÂ?† ’”‡’ƒ”ƒ–‹‘Â?ÇĄ •—…Š ĥ …Ž‡ƒ”‹Â?‰ǥ ‰”ƒ†‹Â?‰ ƒÂ?† Ď?‹ŽŽ‹Â?‰Ǣ Â?‘” †‘‡• ‹– include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction Â?‡ƒÂ?• –Š‡ Ď?‹”•– ƒŽ–‡”ƒ–‹‘Â? ‘ˆ ƒÂ?› Â™ÂƒÂŽÂŽÇĄ …‡‹Ž‹Â?‰ǥ Ď?Ž‘‘”ǥ ‘” ‘–Š‡” •–”—…–—”ƒŽ ’ƒ”– ‘ˆ –Š‡ „—‹Ž†‹Â?‰ǥ ™Š‡–Š‡” or not that alteration affects the external dimensions of the building.

Floodplain, Structure means anything constructed or erected on the ground or attached to the ground, including, but not limited to, Sioux City Municipal Code - Page 3 of 3 buildings, factories, sheds, cabins, factory-built homes, storage tanks, and other similar uses.

Floodplain, Substantial Damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50% of the Â?ƒ”Â?‡– ˜ƒŽ—‡ ‘ˆ –Š‡ •–”—…–—”‡ „‡ˆ‘”‡ –Š‡ †ƒÂ?ƒ‰‡ ‘……—””‡†Ǥ —„•–ƒÂ?–‹ƒŽ †ƒÂ?ƒ‰‡ ƒŽ•‘ Â?‡ƒÂ?• Ď?Ž‘‘†nj”‡lated damages sustained by a structure on two separate occasions during a 10-year period for which –Š‡ …‘•– ‘ˆ ”‡’ƒ‹”• ƒ– –Š‡ –‹Â?‡ ‘ˆ •—…Š Ď?Ž‘‘† ‡˜‡Â?–ǥ ‘Â? –Š‡ ÂƒÂ˜Â‡Â”ÂƒÂ‰Â‡ÇĄ ‡“—ƒŽ• ‘” ‡š…‡‡†• ʹ͡ ’‡”…‡Â?– ‘ˆ –Š‡ market value of the structure before the damage occurred.

Floodplain, Substantial Improvement Â?‡ƒÂ?• ƒÂ?› ‹Â?’”‘˜‡Â?‡Â?– –‘ ƒ •–”—…–—”‡ –Šƒ– •ƒ–‹•Ď?‹‡• ‡‹–Š‡” of the following criteria: 1. Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (i) before the start of construction of the improvement, or (ii) if the structure has been substantially damaged as is being restored, before the damage occurred. . The term does not, however, include any alteration of an historic structure provided the alteration will not preclude the structure’s continued designation as a “historic structureâ€?. ʹǤ Â?› ƒ††‹–‹‘Â? –Šƒ– ‹Â?…”‡ƒ•‡• –Š‡ ‘”‹‰‹Â?ƒŽ Ď?Ž‘‘” ƒ”‡ƒ ‘ˆ ƒ „—‹Ž†‹Â?‰ „› ʹ͡ ’‡”…‡Â?– ‘” Â?‘”‡Ǥ ÂŽÂŽ ƒ††‹–‹‘Â?• …‘Â?•–”—…–‡† ƒˆ–‡” –Š‡ ‡ˆˆ‡…–‹˜‡ †ƒ–‡ ‘ˆ –Š‡ Ď?Ž‘‘†’Žƒ‹Â? Â?ƒÂ?ƒ‰‡Â?‡Â?– ”‡‰—Žƒ–‹‘Â?• ƒ†‘’–‡† „› –Š‡ city shall be added to any proposed addition in determining whether the total increase in original Ď?Ž‘‘” •’ƒ…‡ ™‘—Ž† ‡š…‡‡† ʹ͡ ’‡”…‡Â?–Ǥ Ž‘‘†’Žƒ‹Â?ÇĄ ƒ”‹ƒÂ?…‡ Â?‡ƒÂ?• ƒ ‰”ƒÂ?– ‘ˆ ”‡Ž‹‡ˆ „› ƒ …‘Â?Â?—Â?‹–› ˆ”‘Â? –Š‡ –‡”Â?• ‘ˆ –Š‡ Ď?Ž‘‘† ’Žƒ‹Â? management regulations. Ž‘‘†’Žƒ‹Â?ÇĄ ‹‘Žƒ–‹‘Â? means a failure of a structure or other development to be fully compliant ™‹–Š –Š‡ …‘Â?Â?—Â?‹–›ǯ • Ď?Ž‘‘† ’Žƒ‹Â? Â?ƒÂ?ƒ‰‡Â?‡Â?– ”‡‰—Žƒ–‹‘Â?•Ǥ Floor Area Ratio (FAR) Â?‡ƒÂ?• ƒ Â?‡ƒ•—”‡ ‘ˆ –Š‡ ƒŽŽ‘™ƒ„Ž‡ •‹œ‡ ‘ˆ Ď?Ž‘‘” ƒ”‡ƒ ‘Â? ƒ Ž‘– …‘Â?’ƒ”‡† –‘ –Š‡ •‹œ‡ ‘ˆ –Š‡ Ž‘–Ǥ ‰‹˜‡• †‡˜‡Ž‘’‡”• Ď?Ž‡š‹„‹Ž‹–› ‹Â? †‡…‹†‹Â?‰ ™Š‡–Š‡” –‘ …‘Â?•–”—…– ƒ Ž‘™ building covering most of the lot or a tall building covering only a small part of the lot, as long as the total ƒŽŽ‘™ƒ„Ž‡ Ď?Ž‘‘” ƒ”‡ƒ …‘˜‡”ƒ‰‡ ‹• Â?‘– ‡š…‡‡†‡†Ǥ Foot-candle means a unit of measurement of the amount of illumination cast on a surface. One footcandle is the amount of illumination falling on all points which are one foot from a uniform point source of one standardized candle.

Foot-lambert means a unit of luminance or photometric brightness, equal to the luminance of a •—”ˆƒ…‡ ‡Â?‹––‹Â?‰ ƒ Ž—Â?‹Â?‘—• Ď?Ž—š ‘ˆ ‘Â?‡ Ž—Â?‡Â? ’‡” •“—ƒ”‡ ÂˆÂ‘Â‘Â–ÇĄ –Š‡ Ž—Â?‹Â?ƒÂ?…‡ ‘ˆ ƒ ’‡”ˆ‡…–Ž› ”‡Ď?Ž‡…–‹Â?‰ surface receiving an illumination of one foot-candle.

Fraternity or Sorority House Â?‡ƒÂ?• ƒ †™‡ŽŽ‹Â?‰ Â?ƒ‹Â?–ƒ‹Â?‡† ‡š…Ž—•‹˜‡Ž› ˆ‘” Â?‡Â?„‡”• ƒˆĎ?‹Ž‹ƒ–‡† ™‹–Š an academic or professional college, university, or other recognized institution of higher learning.

Frieze means the panel beneath the cornice at the top of a building’ exterior wall which is often ornamented with brackets, dentils or medallions.

Frontage means all property fronting on one side of a street, measured along such street, between an intersecting or intercepting street and another intersecting or intercepting street, a right-of-way in excess of 30 feet, an end of a dead-end street, a river, a lake or a City boundary.

G Garage means an attached or detached accessory building used for the storage of personal property including vehicles (e.g., automobiles, light-duty trucks, trailers, motorcycles, boats, and other recreational vehicles).

Gasoline Station means any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sale of automobile fuels, which activity may be accompanied by accessory uses such as sales of lubricants, tires, accessories or supplies, minor repairing of automobiles, recreational vehicles, boats or a single-bay auto wash; provided, however, that automobile wrecking, major automobile repairing, parking or storing of vehicles for hire and the operation of more than one towing vehicle shall not be deemed permissible accessory uses of a gasoline service station.

Grade Â?‡ƒÂ?• –Š‡ Ž‘™‡•– ’‘‹Â?– ‘ˆ ‡Ž‡˜ƒ–‹‘Â? ‘ˆ –Š‡ Ď?‹Â?‹•Š‡† •—”ˆƒ…‡ ‘ˆ –Š‡ ‰”‘—Â?†ǥ ’ƒ˜‹Â?‰ǥ ‘” •‹†‡™ƒŽÂ? within the area between the building and the property line or when the property line is more than Ď?‹˜‡ ˆ‡‡– ˆ”‘Â? –Š‡ „—‹Ž†‹Â?‰ǥ „‡–™‡‡Â? –Š‡ „—‹Ž†‹Â?‰ ƒÂ?† ƒ Ž‹Â?‡ Ď?‹˜‡ ˆ‡‡– ˆ”‘Â? –Š‡ „—‹Ž†‹Â?‰Ǥ

”‘•• Ž‘‘” ”‡ƒ ȋDz ÇłČŒ ‹• –Š‡ •—Â? ‘ˆ –Š‡ –‘–ƒŽ Š‘”‹œ‘Â?–ƒŽ ƒ”‡ƒ• ‘ˆ ‡˜‡”› Ď?Ž‘‘” ‘ˆ ‡˜‡”› „—‹Ž†‹Â?‰ ‘Â? ƒ Ž‘–Ǥ Š‡ Â?‡ƒ•—”‡Â?‡Â?– ‘ˆ ‰”‘•• Ď?Ž‘‘” ƒ”‡ƒ •ŠƒŽŽ „‡ …‘Â?’—–‡† „› ƒ’’Ž›‹Â?‰ –Š‡ ˆ‘ŽŽ‘™‹Â?‰ Â…Â”Â‹Â–Â‡Â”Â‹ÂƒÇŁ 1. The horizontal square footage is measured from the outside face of all exterior walls.

2. Cellars, basements, penthouses, attics, covered or uncovered porches, balconies and decks, enclosed storage or mechanical areas, mezzanines, and similar structures shall be included as GFA ™Š‡”‡˜‡” ƒ– Ž‡ƒ•– •‡˜‡Â? ˆ‡‡– ƒ”‡ ’”‘˜‹†‡† „‡–™‡‡Â? –Š‡ Ď?‹Â?‹•Š‡† Ď?Ž‘‘” ƒÂ?† –Š‡ …‡‹Ž‹Â?‰Ǥ ;Ǥ ‘ †‡†—…–‹‘Â? •ŠƒŽŽ ƒ’’Ž› ˆ‘” Š‘”‹œ‘Â?–ƒŽ ƒ”‡ƒ• ˜‘‹† ‘ˆ ƒ…–—ƒŽ Ď?Ž‘‘” •’ƒ…‡ Č‹ÂˆÂ‘Â” ‡šƒÂ?’Ž‡ǥ ‡Ž‡˜ƒ–‘” •Šƒˆ–• ƒÂ?† Â•Â–ÂƒÂ‹Â”Â™Â‡ÂŽÂŽÂ•ČŒÇ¤ Š‡ ’”‘–‡…–‡† —’’‡” Ď?Ž‘‘”• ‘ˆ ‘’‡Â? ƒ–”‹—Â?• ƒÂ?† ˆ‘›‡”• •ŠƒŽŽ Â?‘– „‡ ‹Â?…Ž—†‡†Ǥ Sign, Gobo Â?‡ƒÂ?• ƒ ’”‘Œ‡…–‹‘Â? •‹‰Â? †‹•’Žƒ›‡† ‘Â? ƒ Ď?‹š‡† •—”ˆƒ…‡ „› ’”‘Œ‡…–‹Â?‰ Ž‹‰Š– –Š”‘—‰Š ƒ •‡Â?‹nj transparent template.

H Hardship means a restriction on property so unreasonable that it results in an arbitrary and capricious interference with basic property rights. Hardship relates to the physical characteristics of the property, not the personal circumstances of the owner or user, and the property is rendered unusƒ„Ž‡ ™‹–Š‘—– ‰”ƒÂ?–‹Â?‰ ƒ ˜ƒ”‹ƒÂ?…‡ǥ ‡š…‡’–‹‘Â?ÇĄ ‘” Â?‘†‹Ď?‹…ƒ–‹‘Â?Ǥ Â‡ÂƒÂ–ÇŚ •ŽƒÂ?† ˆˆ‡…– means higher average temperatures that occur in urbanized areas owing to the greater absorption, retention, and generation of heat by its buildings, pavements, and human activities.

Heavy Industry means: ͳǤ Â?› —•‡ –Šƒ– ‹• …Žƒ••‹Ď?‹‡† ĥ ƒ DzŠ‹‰Š ÂŠÂƒÂœÂƒÂ”Â†Çł ‘……—’ƒÂ?…› „› –Š‡ ‹–›Ǣ ‘” ʹǤ ”‹Â?ƒ”› ’”‘…‡••‹Â?‰ ‘” Â?ƒÂ?—ˆƒ…–—”‹Â?‰ ‘” ”‡’ƒ‹” ‘’‡”ƒ–‹‘Â?• Â?‘– •’‡…‹Ď?‹…ƒŽŽ› †‡Ď?‹Â?‡† ‡Ž•‡™Š‡”‡ ‹Â? this Section, which involve: ƒǤ Â? ‘—–•‹†‡ •–‘”ƒ‰‡ ƒ”‡ƒ –Šƒ– ‹• Žƒ”‰‡” –ŠƒÂ? –Š‡ ƒ”‡ƒ ‘ˆ –Š‡ Ď?‹”•– Ď?Ž‘‘” ‘ˆ „—‹Ž†‹Â?‰• ‘Â? –Š‡ same lot; „Ǥ Â?ƒ–‡”‹ƒŽ ”‹•Â? ‘ˆ ‡Â?˜‹”‘Â?Â?‡Â?–ƒŽ …‘Â?–ƒÂ?‹Â?ƒ–‹‘Â?ÇĄ ‡š’Ž‘•‹‘Â?ÇĄ ‘” Ď?‹”‡Ǣ c. Perceptible ground vibration; d. Excessive noise or dust; e. Emission of objectionable odors; or f. More than 12 trips by semi-trailer trucks per day; or 3. Processing of minerals (except precious and semi-precious stone cutting for jewelry or precision instruments such as lasers or watches), ores, or fossil fuels; or 4. Industries that are required to undergo New Source Review under the Federal Clean Air Act, or are subject to construction or operation permits pursuant to the Colorado Stationary Sources Program or Title V of the Federal Clean Air Act. 5. For illustrative purposes, heavy industrial uses include, but are not limited to: a. Coal cleaning plants with thermal dryers; coke oven batteries; carbon black plants (furÂ?ƒ…‡ Â’Â”Â‘Â…Â‡Â•Â•ČŒÇ˘ ’‡–”‘Ž‡—Â? ”‡Ď?‹Â?‡”‹‡•Ǣ ’‡–”‘Ž‡—Â? •–‘”ƒ‰‡ ƒÂ?† –”ƒÂ?•ˆ‡” —Â?‹–• ȋ‡š…‡’– retail gasoline stations); and bulk fuel dealers; b. Facilities used in the primary or secondary production of metals (e.g., primary zinc, copper, or lead smelters; primary aluminum ore reduction plants; iron and steel mills; sintering plants; secondary metal production plants; and blacksmith shops); c. Portland cement plants (not temporary batch plants); d. Sawmills and pulp mills; e. Incinerators with the capacity to charge more than 250 tons of refuse per day; ˆǤ ‹Â?‡ ’ŽƒÂ?–•Ǣ ’Š‘•’Šƒ–‡ ”‘…Â? ’”‘…‡••‹Â?‰ ’ŽƒÂ?–•Ǣ •—Žˆ—” ”‡…‘˜‡”› ’ŽƒÂ?–•Ǣ ƒÂ?† Š›†”‘Ď?Ž—‘”‹…ǥ sulfuric, or nitric acid plants; g. Fossil fuel combustion (boilers or electricity generation) totaling more than 250 million BTUs per hour of heat input; h. Fabrication of building materials such as countertops, drywall, and cut stone; i. Fabrication of vehicles, manufacturing equipment, durable goods, or pre-fabricated homes or home components; j. Drycleaner processing plants that use PERC or comparable petrochemical solvents; k. Meat or seafood processing plants; l. Manufacture of glass products (e.g., window panes, bottles and jars), except hand-blown products; m. Manufacture of plastic products (except assembly of parts that are manufactured elsewhere); n. Plasma arc welding, cutting, gouging, surfacing, or spraying; gas welding (but not brazing); arc welding with equipment that is rated at more than 200 amps; TIG welding; and other heavy welding procedures (e.g., for structural steel, automotive body, or heavy equipment manufacture or repair); o. Hot mix asphalt plants; and p. Fossil fuel power plants, waste-to-energy plants, and biomass plants that produce more than 100 megawatts of electricity.

Heavy Retail means retail and/or service activities that have regular outside service or outside •–‘”ƒ‰‡ ÂƒÂ”Â‡ÂƒÂ•ÇĄ Žƒ”‰‡” –ŠƒÂ? ƒ˜‡”ƒ‰‡ ‡Â?…Ž‘•‡† Ď?Ž‘‘” ƒ”‡ƒ• †‡˜‘–‡† –‘ …‘Â?Â?‡”…‹ƒŽ —•‡ǥ ‘” ’ƒ”–‹ƒŽŽ› ‡Â?closed structures, as listed below:

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1. Permanent retail operations that are located outside of enclosed buildings, except nurseries; 2. Home centers; 3. Lumber and other building materials; 4. Lawn, garden equipment, and related supply stores; 5. Warehouse clubs and super stores; 6. Recreational equipment rental where the equipment is stored outside; 7. Heavy truck or recreational vehicle leasing or sales; 8. Manufactured home sales; and 9. Industrial or construction equipment leasing or sales.

Height is the vertical distance from the established grade to the highest point of the coping of a Ď?Žƒ– Â”Â‘Â‘ÂˆÇĄ –Š‡ †‡…Â? Ž‹Â?‡ ‘ˆ ƒ Â?ƒÂ?•ƒ”† Â”Â‘Â‘ÂˆÇĄ ‘” –‘ –Š‡ ƒ˜‡”ƒ‰‡ Š‡‹‰Š– „‡–™‡‡Â? ‡ƒ˜‡• ƒÂ?† –Š‡ ”‹†‰‡ ˆ‘” gable, hip, shed, or gambrel roofs. For other cases, height is measured as the vertical distance from –Š‡ ‡•–ƒ„Ž‹•Š‡† ‰”ƒ†‡ –‘ –Š‡ Š‹‰Š‡•– ’‘‹Â?– ‘ˆ ƒ •–”—…–—”‡ ĥ Š‡”‡‹Â? †‡Ď?‹Â?‡†Ǥ Š‡”‡ ƒ „—‹Ž†‹Â?‰ ‘” structure is located on a slope, height shall be measured from the average grade level adjacent to the building or structure.

Heliport or Helistop means an area of land or water or a structural surface which is used for the landing and takeoff of helicopters, and any appurtenant areas which are used for fueling, maintenance, repairs, storage, buildings, and other heliport facilities.

Historic District means an area of contiguous pieces of property under diverse ownership which Â?‡‡–• –Š‡ …”‹–‡”‹ƒ •’‡…‹Ď?‹‡† ‹Â? ‡…–‹‘Â? ;Ͳ;ǤʹͲǥ —„•‡…–‹‘Â? ͳǥ ƒ”ƒ‰”ƒ’Š• Ç˛ÂƒÇł –‘ Ç˛ÂˆÇł ‘ˆ –Š‡ ‘™ƒ ‘†‡ǥ as amended from time to time.

Historic Preservation Commission means the Sioux City Historic Preservation Commission. ‹•–‘”‹… ”‡•‡”˜ƒ–‹‘Â? ˆĎ?‹…‡” Â?‡ƒÂ?• –Š‡ ‘ˆĎ?‹…‡” …Šƒ”‰‡† ™‹–Š –Š‡ ”‘Ž‡ ‘ˆ •—’‡”˜‹•‹Â?‰ –Š‡ ‹–›ǯ• historic preservation program.

Historic Site means a structure or building which: ͳǤ • ƒ••‘…‹ƒ–‡† ™‹–Š ‡˜‡Â?–• –Šƒ– Šƒ˜‡ Â?ƒ†‡ ƒ •‹‰Â?‹Ď?‹…ƒÂ?– …‘Â?–”‹„—–‹‘Â? –‘ –Š‡ „”‘ƒ† ’ƒ––‡”Â?• ‘ˆ ‘—” history; ʹǤ • ƒ••‘…‹ƒ–‡† ™‹–Š –Š‡ Ž‹˜‡• ‘ˆ ’‡”•‘Â?• •‹‰Â?‹Ď?‹…ƒÂ?– ‹Â? ‘—” Â’ÂƒÂ•Â–Ç˘ 3. Embodies the distinctive characteristics of a type, period, or method of construction, or that ”‡’”‡•‡Â?–• ƒ ™‘”Â? ‘ˆ ƒ Â?ÂƒÂ•Â–Â‡Â”ÇĄ ‘” –Šƒ– ’‘••‡••‡• Š‹‰Š ƒ”–‹•–‹… Â˜ÂƒÂŽÂ—Â‡Â•ÇĄ ‘” –Šƒ– ”‡’”‡•‡Â?–• ƒ •‹‰Â?‹Ď?‹…ƒÂ?– and distinguishable entity whose components may lack individual distinction; or 4. Has yield, or may be likely to yield, information important in prehistory or history. ‘Â?‡ —•‹Â?॥ means a business operated out of homes that permit the employment of up to –™‘ —Â?”‡Žƒ–‡† ‹Â?†‹˜‹†—ƒŽ• ‹Â? –Š‡ Š‘Â?‡Ǥ •‡• •ŠƒŽŽ „‡ Ž‹Â?‹–‡† –‘ ‘ˆĎ?‹…‡ ‘” •‡”˜‹…‡ „—•‹Â?‡••‡•Ǥ ÂƒÂŽÂ‡Â•ÇĄ wholesale or retail, are prohibited.

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

Hospital mean hospitals and medical laboratories, including general medical and surgical hospitals and specialty hospitals. The term “hospitals� does not mean alcoholism and drug rehabilitation facilities.

Hotel means a building in which lodging is provided in hotel units to the public for compensation in Ď?‹˜‡ ‘” Â?‘”‡ ”‘‘Â?• ƒÂ?† ™Š‹…Š ‹• ‘’‡Â? –‘ –”ƒÂ?•‹‡Â?–•Ǥ I Immediate Neighborhood means the same subdivision or the homes within a three block area.

Impervious Area Â?‡ƒÂ?• ƒÂ? ƒ”‡ƒ –Šƒ– †‘‡• Â?‘– ƒŽŽ‘™ •‹‰Â?‹Ď?‹…ƒÂ?– ƒÂ?‘—Â?–• ‘ˆ ™ƒ–‡” –‘ ‹Â?Ď?‹Ž–”ƒ–‡ ‹Â?–‘ the ground. Examples of impervious surfaces are blacktop and concrete.

Impervious Coverage Ratio Â?‡ƒÂ?• ƒ ”ƒ–‹‘ ‘ˆ –Š‡ ƒ”‡ƒ –Šƒ– †‘‡• Â?‘– ƒŽŽ‘™ •‹‰Â?‹Ď?‹…ƒÂ?– ƒÂ?‘—Â?–• ‘ˆ ™ƒ–‡” –‘ ‹Â?Ď?‹Ž–”ƒ–‡ ‹Â?–‘ –Š‡ ‰”‘—Â?† ĥ ƒ ’‡”…‡Â?–ƒ‰‡ ‘ˆ –Š‡ Ž‘– ƒ”‡ƒǤ šƒÂ?’Ž‡• ‘ˆ ‹Â?’‡”˜‹‘—• •—”ˆƒ…‡• include buildings, sidewalks, parking lots, and streets.

Improvement means any man-made, immovable object or item which becomes part of, is placed —’‘Â?ÇĄ ‘” ‹• ƒˆĎ?‹š‡† –‘ –Š‡ ŽƒÂ?†Ǥ Indoor Commercial Amusement means uses that provide commercial amusement indoors (except sexually oriented businesses), including, but not limited to: 1. Movie theaters; 2. Bowling alleys and pool rooms’ 3. Video arcades; 4. Local area network computer gaming centers; and 5. Internet cafes.

The phrase “Indoor Commercial Amusement� does not include the phrase “Stadium or Arena,� “Place of Assembly,� nor the phrase “Indoor Recreation,� nor does it include video arcades that are accessory to restaurants. The phrase “Indoor Commercial Amusement� is subsumed by the phrases “Fairgrounds,� “Amusement Park,� or “Destination Hotel� when such facilities include indoor commercial amusement activities.

Indoor Recreation means uses that provide recreation opportunities indoors for the public (open to the community) or residents of a subdivision or development, which are not commercial in na–—”‡Ǥ ’‡…‹Ď?‹…ƒŽŽ› ‡š…Ž—†‡† ˆ”‘Â? –Š‡ †‡Ď?‹Â?‹–‹‘Â? ƒ”‡ Š‡ƒŽ–Š ƒÂ?† ‡š‡”…‹•‡ …Ž—„• ƒÂ?† …‘Â?Â?‡”…‹ƒŽ ƒÂ?—•‡ment uses. This phrase includes: 1. Community recreation centers; 2. Gymnasiums; 3. Indoor swimming pools; or 4. Tennis, racquetball, or handball courts.

�‘’‡”ƒ„Ž‡ ‡Š‹…Ž‡ means a vehicle which is not fully capable of movement under its own power or is not licensed or registered to operate legally on a public street right-of-way.

Institutional Residential means institutional housing combined with common food service, nursing, counseling, health care, or comparable services, but does not include assisted living facilities, congregate care, nursing homes, or continuing care neighborhoods. The phrase “institutional residential� includes: 1. Facilities, other than group homes, in which residents live in an institutional environment and are, generally, under the care or control of staff; 2. In-patient drug and alcoholism hospitals and rehabilitation centers, in which residents have institutional care, or are treated by staff in an institutional setting, rather than living independently; and 3. Any sheltered care, group care, group home, or residential substance abuse facility with more than eight total occupants.

Instrument Runway means a runway equipped or designated to be equipped by an approved airport plan, with electronic air navigation aids adequate to permit the landing and takeoff of aircraft under restricted visibility conditions.

Iridescent Color means a property of certain surfaces that appear to change color as the angle of view or the angle of illumination changes.

J K ‡Â?Â?‡Ž Â?‡ƒÂ?• ƒÂ?› „—‹Ž†‹Â?‰ ‘” Ž‘– ‘Â? ™Š‹…Š Ď?‹˜‡ ‘” Â?‘”‡ †‘Â?‡•–‹…ƒ–‡† ƒÂ?‹Â?ƒŽ• Â?‘”‡ –ŠƒÂ? •‹š months of age are housed, bred, boarded, trained, or sold.

L ƒ�† ƒ��‹�‰ means the purchase or reservation of land for later use or development, which constitutes an obligation to keep property free from development for a stated period of time.

Land Clearing means any person-made change of the land surface, including removing vegetative Â…Â‘Â˜Â‡Â”ÇĄ ‡š…ƒ˜ƒ–‹Â?‰ǥ Ď?‹ŽŽ‹Â?‰ǥ ƒÂ?† –Š‡ ”‡Žƒ–‡† –”ƒÂ?•’‘”– ‘ˆ ‡š…ƒ˜ƒ–‡† Â?ƒ–‡”‹ƒŽ• ‘Â? ‹–› •–”‡‡–•Ǥ Land Use means the occupation or use of land or water area for human activity or any purpose.

Landscape Surface Ratio (LSR) means the ratio of pervious landscaped surface to a unit of land area. For the purposes of calculating the landscape surface, the pervious surface may be covered with sod, mulch, rock, or another natural material. ƒÂ?†Ď?‹ŽŽ means an area of land or an excavation in which wastes are placed for permanent disposal. ‘” –Š‡ ’—”’‘•‡• ‘ˆ –Š‹• ‘†‡ǥ –Š‡ ™‘”† Dz ƒÂ?†Ď?‹ŽŽdz †‘‡• Â?‘– ‹Â?…Ž—†‡ …Ž‡ƒÂ? †‡„”‹•ǥ ‡Ǥ‰Ǥǥ †‹”–ǥ –”‡‡•ǥ rocks, etc.

Landmark means a building, object, property, site or structure designated by ordinance of the City Council pursuant to procedures described in this Code, that is worthy of preservation, rehabilitation, or restoration because of its prehistoric, historic, architectural, or archeological or cultural •‹‰Â?‹Ď?‹…ƒÂ?…‡ –‘ –Š‡ ‹–›ǥ –Š‡ •–ƒ–‡ ‘” Â?ƒ–‹‘Â?Ǥ Level of Service Standards means a standard used by government agencies to measure the quality ‘” ‡ˆˆ‡…–‹˜‡Â?॥ ‘ˆ ƒ Â?—Â?‹…‹’ƒŽ Â•Â‡Â”Â˜Â‹Â…Â‡ÇĄ •—…Š ĥ ’‘Ž‹…‡ǥ Ď?‹”‡ǥ ‘” ÂŽÂ‹Â„Â”ÂƒÂ”Â›ÇĄ ‘” –Š‡ ’‡”ˆ‘”Â?ƒÂ?…‡ ‘ˆ ƒ ÂˆÂƒÂ…Â‹ÂŽÂ‹Â–Â›ÇĄ such as a street or highway.

Licensed Center means a center issued a full or provisional license by the department under the provisions of Chapter 237A, Child Care Facilities, Iowa Code, or a center for which a license is being processed.

Light Industry means: 1. Industrial and wholesale uses that are relatively small in scale that have limited outside storage and limited environmental impacts or risks, as follows: a. The use is conducted in buildings that have: ͳǤ ‰”‘—Â?† Ď?Ž‘‘” ƒ”‡ƒ ‘ˆ Ž‡•• –ŠƒÂ? ͺͲǥͲͲͲ •“—ƒ”‡ ÂˆÂ‡Â‡Â–Ç˘ ‘” 2.

Outside storage that occupies less than 15,000 square feet; or 3.

A height of less than 45 feet; and b. The use is one of the following: ͳǤ ••‡Â?„Ž› ‘ˆ ’”‘†—…–•ǥ ‹Â?•–”—Â?‡Â?–•ǥ ‡Ž‡…–”‘Â?‹…•ǥ ‘ˆĎ?‹…‡ ƒÂ?† …‘Â?’—–‹Â?‰ Â?ƒ…Š‹Â?‡•ǥ ƒÂ?† Ď?‹š–—”‡• ˆ”‘Â? ’”‡njÂ?ƒÂ?—ˆƒ…–—”‡† …‘Â?’‘Â?‡Â?–•Ǣ 2.

Auto or marine body, paint, or upholstery services; 3.

Building, development, and general contracting; 4.

Communications facilities, except wireless telecommunications facilities; 5.

Food production other than restaurants and micro-breweries; ͸Ǥ —”Â?‹–—”‡ Â?ƒÂ?‹Â?‰ ‘” ”‡Ď?‹Â?‹•Š‹Â?‰Ǣ 7.

Manufacture of textiles and apparel; 8.

Printing and publishing, except copy centers; 9.

Special trade contractors, excluding outside storage of any equipment that is more than 12 feet in height; and 10.

Wholesale trade, durable and non-durable, except farm products and combustible or hazardous materials; and c. Uses that have involve outside storage of heavy vehicles, and limited environmental impacts or risks, as follows: 1.

Truck rental or heavy equipment rental; 2.

Truck, recreational vehicle, and manufactured home sales; and 3.

Transportation services; and d. Heavy industrial uses that are small in scale and involve limited environmental impacts or risks, including: 1.

High-tech heavy industry that meets the following criteria: A. The use occupies less than 20,000 square feet; and B. Receives and ships via parcel courier service, not semi-trailers; 2.

Any heavy industrial use that meets the following criteria: A. The use occupies less than 20,000 square feet of a masonry building; B. The use has no outside storage or processing; and C. Receives and ships via parcel courier service, not semi-trailers; and 3.

Mini-warehouses with outside storage; and 4.

Regional utility substations or distribution stations that are located on sites that are at least two acres in area.

Lighting, Directly Illuminated means illumination resulting from light emitted directly from a ŽƒÂ?Â’ÇĄ Ž—Â?‹Â?ÂƒÂ”Â›ÇĄ ‘” ”‡Ď?Ž‡…–‘” ƒÂ?† ‹• Â?‘– Ž‹‰Š– †‹ˆˆ—•‡† –Š”‘—‰Š –”ƒÂ?•Ž—…‡Â?– •‹‰Â?• ‘” ”‡Ď?Ž‡…–‡† ˆ”‘Â? other surfaces such as the ground or building faces.

Lighting, Indirectly Illuminated Â?‡ƒÂ?• ‹ŽŽ—Â?‹Â?ƒ–‹‘Â? –Šƒ– ‹• •‘ ƒ””ƒÂ?‰‡† –Šƒ– –Š‡ Ž‹‰Š– ‹• ”‡Ď?Ž‡…–‡† from the sign to the eyes of the viewer.

Lighting, Shielded Â?‡ƒÂ?• ƒ Ž‹‰Š– Ď?‹š–—”‡ –Šƒ– ‹• •Š‹‡Ž†‡† ‹ •—…Š ƒ Â?ƒÂ?Â?‡” –Šƒ– Ž‹‰Š– ”ƒ›• ‡Â?‹––‡† „› –Š‡ Ď?‹š–—”‡ǥ ‡‹–Š‡” †‹”‡…–Ž› ˆ”‘Â? –Š‡ ŽƒÂ?Â’ ‘” ‹Â?†‹”‡…–Ž› ˆ”‘Â? –Š‡ Ď?‹š–—”‡ǥ ƒ”‡ ’”‘Œ‡…–‡† „‡Ž‘™ ƒ Š‘”‹œ‘Â?–ƒŽ ’ŽƒÂ?‡ ”—Â?Â?‹Â?‰ –Š”‘—‰Š –Š‡ Ž‘™‡•– ’‘‹Â?– ‘Â? –Š‡ Ď?‹š–—”‡ ™Š‡”‡ Ž‹‰Š– ‹• ‡Â?‹––‡†Ǥ Limited Use means a use that is allowed in a zoning district, subject to standards that mitigate its impact on other uses in the district or that prevent a concentration of the use in a particular area.

Lintel Â?‡ƒÂ?• –Š‡ Ď?Žƒ– Š‘”‹œ‘Â?–ƒŽ ’‹‡…‡ ƒ– –Š‡ –‘’ ‘ˆ ƒ ™‹Â?†‘™Ǥ Live Work means a townhome that includes square footage in an area that is internally separated from the residential area that is devoted to occupational endeavors.

Loading Space means an unobstructed, dust-free, hard-surfaced area no part of which is located in any street right-of-way and the principal use of which is for the standing, loading, or unloading of trucks and trailers.

Local Street means a street (arterial, collector) that provides access to individual lots or land uses.

Lot means a parcel of land with boundaries established by a legal instrument such as a recorded deed, court order, or a recorded plat, which is recognized as a separate legal entity for purposes of –”ƒÂ?•ˆ‡” ‘ˆ –‹–Ž‡Ǥ Š‹• †‡Ď?‹Â?‹–‹‘Â? •ŠƒŽŽ Â?‘– „‡ …‘Â?•–”—‡† –‘ Â?ƒÂ?‡ Ž‘–• –Šƒ– ™‡”‡ Â?‘– Žƒ™ˆ—ŽŽ› …”‡ƒ–‡† conforming to this code.

Lot Area means the area of a lot within the lot lines.

Lot, Corner means a lot located at the junction of at least two streets, private ways or courts or at least two segments of a curved street, private way or court, at which the angle of intersection is no greater than 135 degrees.

Lot Coverage means the percentage of lot area occupied by the ground area of principal and accessory buildings on such lot, including any decks, porches, or other enclosed areas used by residents Šƒ˜‹Â?‰ „‘–Š ƒ Ď?Ž‘‘” ƒÂ?† ™ƒŽŽ• ‘” ”ƒ‹Ž‹Â?‰• ‹””‡•’‡…–‹˜‡ ‘ˆ ‹–• †‹•–ƒÂ?…‡ ƒ„‘˜‡ –Š‡ ‰”‘—Â?†Ǥ Lot Depth is the average depth measured in the mean direction of the side lot lines from the front street line to the rear lot line. The rear line shall be deemed to be not farther back than a line drawn parallel with the front street line, entirely on the lot, and not less than 10 feet long.

Lot, Double Frontage means a lot, other than a corner lot, having frontage on two streets, private ways, or courts. Primary access shall be restricted on a double frontage lot to the minor of the two •–”‡‡–• ‘” –‘ –Š‡ ˆ”‘Â?– Ž‹Â?‡ ĥ †‡–‡”Â?‹Â?‡† ƒ– –Š‡ –‹Â?‡ ‘ˆ ’Žƒ––‹Â?‰ ‘” ĥ †‡Ď?‹Â?‡† „› –Š‹• ‘†‡ Č‹ÂƒÂŽÂ•Â‘ known as a through lot).

Lot Line means the property line bounding a lot.

Lot Line, Front means the lot line separating a lot and a public or private street right-of-way or easement.

1. For an interior lot, the lot line separating the lot from the right-of-way or easement.

2. For a corner lot, the shorter lot line abutting a public or private street or easement. In instances of equal line dimension, the front lot line shall be determined by the Director, or as may be noted on –Š‡ Ď?‹Â?ƒŽ ’Žƒ–Ǥ 3. For a double frontage lot, the lot lines separating the lot from the right-of-way or easement of –Š‡ Â?‘”‡ Â?‹Â?‘” •–”‡‡–Ǥ Â? …ƒ•‡• ™Š‡”‡ ‡ƒ…Š •–”‡‡– Šƒ• –Š‡ •ƒÂ?‡ …Žƒ••‹Ď?‹…ƒ–‹‘Â?ÇĄ –Š‡ ˆ”‘Â?– Ž‘– Ž‹Â?‡ •ŠƒŽŽ be determined by the Director at the time of application for the original building permit for the lot, ‘” ĥ Â?ƒ› „‡ Â?‘–‡† ‘Â? –Š‡ Ď?‹Â?ƒŽ ’Ž‘–Ǥ Lot Line Home means a detached, single-family unit situated on one side lot line that orients outdoor activity within rear or side yard patio areas for better use of the site for outdoor living space. &Ĺ?Ĺ?ĆľĆŒÄž ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ Lot Line, Interior Side means the lot line that connects the front lot line to the rear lot line, running generally perpendicular, radial, or at angles to the street.

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Lot Line, Rear shall mean a lot line not abutting a street which is opposite and most distance from the front lot line.

Lot Line, Side means any lot line not a front lot line or rear lot line.

Lot, Through means a lot having frontage on two dedicated streets, not including a corner lot.

Lot of Record means a lot which is part of a subdivision ”‡…‘”†‡† ‹Â? –Š‡ ‘ˆĎ?‹…‡ ‘ˆ –Š‡ …‘—Â?–› ”‡…‘”†er, or a lot or parcel described as meets and bounds, the description of which has been so recorded, and is shown as a separate unit on the last preceding county tax roll.

Lot Width means the distance between side lot lines measured at the rear of the required front yard on a line parallel with a line tangent to the street right-of-way line.

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ƒÂ?—ƒŽ ‘Â? Â?‹ˆ‘”Â? ”ƒˆĎ?‹… ‘Â?–”‘Ž ‡˜‹…‡• Č‹ ČŒ means the national guidebook published „› –Š‡ Č‹ ‡†‡”ƒŽ ‹‰Š™ƒ› †Â?‹Â?‹•–”ƒ–‹‘Â?ČŒ –Šƒ– †‡Ď?‹Â?‡• ƒÂ?† ”‡‰—Žƒ–‡• –Š‡ —•‡ ƒŽŽ –”ƒˆĎ?‹… …‘Â?–”‘Ž Â†Â‡Â˜Â‹Â…Â‡Â•ÇĄ –”ƒˆĎ?‹… •‹‰Â?•ǥ –”ƒˆĎ?‹… •‹‰Â?ÂƒÂŽÂ•ÇĄ ƒÂ?† ’ƒ˜‡Â?‡Â?– Â?ƒ”Â?‹Â?‰• ‹Â? –Š‡ Â?‹–‡† –ƒ–‡•Ǥ Manufactured Home means a factory-built single family structure, which is manufactured or constructed under the authority of 42 U.S.C. Section 5403, National Manufactured Home Construction and Safety Standards Act of 1974 and is to be used exclusively as a place for human habitation, but which is not constructed with permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A manufactured home is transportable in one or more sections which when erected on site measures eight body feet or more in width and 40 body feet or more in length or is 320 or more square feet in area. For the purpose of these regulations, a manufactured home shall be built after June 15, 1976, and bear a seal certifying that it is in compliance with the National Manufactured Home Construction and Safety Standards Act of 1974. &Ĺ?Ĺ?ĆľĆŒÄž ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ Manufactured Home Park means a parcel (or contiguous parcels) of land upon which three or Â?‘”‡ Â?ƒÂ?—ˆƒ…–—”‡† Š‘Â?‡• ƒ”‡ ’Žƒ…‡† ‘Â? †‡˜‡Ž‘’‡† •’ƒ…‡• ƒÂ?† ‘’‡”ƒ–‡† ĥ ƒ ÂˆÂ‘Â”ÇŚÂ’Â”Â‘Ď?‹– ‡Â?–‡”’”‹•‡ with water, sewer, and electrical services available. A manufactured home park is not a recreational vehicle park.

Manufactured Home Sales means a business engaged in the sales or rental of manufactured homes.

Masonry means a type of construction using stone, brick, tile or concrete block using mortar.

Mature Tree means any tree with a trunk with a diameter of 10 inches or more, measured 12 inches above existing grade.

Medical Lab means a facility offering diagnostic or pathological testing and analysis of blood, blood Ď?Ž—‹†•ǥ ’ƒ–Š‘Ž‘‰‹…ƒŽ •’‡…‹Â?‡Â?•ǥ •ƒÂ?’Ž‹Â?‰ ƒÂ?† ƒÂ?ÂƒÂŽÂ›Â•Â‹Â•ÇĄ ƒÂ?† ƒÂ?› ‘–Š‡” †‹ƒ‰Â?‘•–‹… –‡•– ‰‡Â?‡”ƒŽŽ› recognized in the health care industry. ‡†‹…ƒŽ ‘” ‡Â?–ƒŽ ˆĎ?‹…‡ means a use where medical, dental, psychiatric, psychological, chiropractic, and other outpatient services are performed. ‹š‡† ‘—•‹Â?‰ means a residential development that consists of a variety of lot sizes and more than one housing type. ‹š‡† ‘—•‹Â?‰ Ž—•–‡” means a residential development that consists of a variety of lot sizes and more than one housing type. ‹š‡† •‡ means development in which a combination of residential and commercial uses (e.g., ”‡•‹†‡Â?Â–Â‹ÂƒÂŽÇŚÂ‘Â˜Â‡Â”ÇŚÂ”Â‡Â–ÂƒÂ‹ÂŽČŒÇĄ ‘” •‡˜‡”ƒŽ …Žƒ••‹Ď?‹…ƒ–‹‘Â?• ‘ˆ …‘Â?Â?‡”…‹ƒŽ —•‡• ȋ‡Ǥ‰Ǥǥ ‘ˆĎ?‹…‡ ƒÂ?† Â”Â‡Â–ÂƒÂ‹ÂŽČŒÇĄ ƒ”‡ Ž‘cated on the same parcel proposed for development.

Mobile Home means a structure that is similar in appearance to a Manufactured Home but that was constructed prior to June 15, 1976.

Modular Home Â?‡ƒÂ?• ÂˆÂƒÂ…Â–Â‘Â”Â›ÇŚÂ„Â—Â‹ÂŽÂ– Š‘—•‹Â?‰ …‡”–‹Ď?‹‡† ĥ Â?‡‡–‹Â?‰ –Š‡ –ƒ–‡ —‹Ž†‹Â?‰ ‘†‡ ĥ ƒ’’Ž‹…ƒ„Ž‡ –‘ Â?‘†—Žƒ” Š‘—•‹Â?‰Ǥ Â?…‡ …‡”–‹Ď?‹‡† „› –Š‡ Â–ÂƒÂ–Â‡ÇĄ Â?‘†—Žƒ” Š‘Â?‡• •ŠƒŽŽ „‡ •—„Œ‡…– –‘ –Š‡ •ƒÂ?‡ regulations as site-built homes.

Multiple Family means: 1. Buildings that contain three or more dwelling units that: a. Are accessed by from interior elevators or hallways, or from individual exterior entrances; and „Ǥ ”‡ •‡’ƒ”ƒ–‡† „› ‹Â?–‡”‹‘” ™ƒŽŽ ƒÂ?†Ȁ‘” Ď?Ž‘‘”•Ǥ 2. Multiple family does not include boarding houses, dormitories, fraternities, sororities, bed and breakfast establishments, single family attached, or commercial lodging (e.g., hotels). &Ĺ?Ĺ?ĆľĆŒÄž ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ —Ž–‹’Ž‡š means a multiple family building type that is designed to resemble a large single family Š‘Â?‡Ǥ Â?‹–• Â?ƒ› Šƒ˜‡ ‡‹–Š‡” ’”‹˜ƒ–‡ ‘” •Šƒ”‡† ƒ……‡•• ƒÂ?† Â?ƒ› ƒ””ƒÂ?‰‡† ‹Â? ƒ ˜ƒ”‹‡–› ‘ˆ …‘Â?Ď?‹‰—”ƒ–‹‘Â?•ǥ ‹Â?…Ž—†‹Â?‰ „ƒ…Â?ÇŚÂ–Â‘ÇŚÂ„ÂƒÂ…Â?ÇĄ •‹†‡nj–‘nj•‹†‡ǥ ‘” Â‘Â˜Â‡Â”ÇŚÂ—Â?†‡”Ǥ —Ž–‹’Ž‡š „—‹Ž†‹Â?‰• …‘Â?–ƒ‹Â? –Š”‡‡ –‘ Ď?‹˜‡ dwelling units per building. &Ĺ?Ĺ?ĆľĆŒÄž ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ

Pervious Material means any material that permits full or partial absorption of storm water into previously unimproved land.

Pillar means a support column without classical detailing.

Pilaster means a narrowly protruding column attached to a wall, giving the illusion of a real free standing support column.

Place of Assembly means an indoor place where people gather for civic or cultural purposes. The phrase “place of assembly� includes place of worship, meeting hall, lecture hall, fraternal organization, community center, or private club. The phrase “place of assembly� does not include the phrase “indoor recreation� or “indoor commercial amusement.�

Planned Neighborhood means a land development project comprehensively planned as an entity ˜‹ƒ ƒ —Â?‹Ď?‹‡† •‹–‡ ’ŽƒÂ? ™Š‹…Š ’‡”Â?‹–• Ď?Ž‡š‹„‹Ž‹–› ‹Â? building siting, mixtures of building types and land —•‡•ǥ —•ƒ„Ž‡ ‘’‡Â? Â•Â’ÂƒÂ…Â‡Â•ÇĄ ƒÂ?† –Š‡ ’”‡•‡”˜ƒ–‹‘Â? ‘ˆ •‹‰Â?‹Ď?‹…ƒÂ?– Â?ƒ–—”ƒŽ ˆ‡ƒ–—”‡•Ǥ Planning and Zoning Commission means the Planning and Zoning Commission of Sioux City, Iowa.

Also referred to as the “Commission�.

Portable Storage Unit means a container that may be used to transport goods, but may then also be stationary on a single site for any period of time before or after transport. The term includes, but is not limited to a: 1. Truck container, with or without the chassis attached to it; 2. Moving van; 3. Portable moving container (POD); 4. Pre-assembled storage structure; or 5. Shipping container.

Portico means a small entrance porch.

Preschool Â?‡ƒÂ?• ƒ …Š‹Ž† …ƒ”‡ ˆƒ…‹Ž‹–› ™Š‹…Š ’”‘˜‹†‡• –‘ …Š‹Ž†”‡Â? ƒ‰‡• –Š”‡‡ –‘ Ď?Â‹Â˜Â‡ÇĄ ˆ‘” ’‡”‹‘†• ‘ˆ time not exceeding three hours per day, programs designed to help the children to develop intellectual skills, social skills, and motor skills, and to extend their interest and understanding of the world about them. ”‡˜ƒ‹Ž‹Â?‰ —‹Ž†‹Â?‰ ‡‹‰Š– means the most often found height of buildings (plus or minus two feet) in the same zoning district or within a 300 foot radius in all directions.

Prevailing Means of Access means the majority of the lots on the block face. ”‹�…‹’ƒŽ —‹Ž†‹�‰ means the main building on a property in terms of size, area, and function.

Principal Use means the main (predominant) use of a lot or parcel.

Private Club means a building in which members of a community or association may gather for social, educational, or cultural activities..

Private Residential Clubhouse means a premises which are part of a multiple-family development that is devoted to the social and recreational use of the occupants and guest of the development.

Private Restrictions means restrictive covenants, conditions, restrictions, easements, and other like arrangements between property owners, whether recorded in the public records or not, to which the City is not a direct party or third party with a right of enforcement.

Prohibited Use Â?‡ƒÂ?• ƒ —•‡ –Šƒ– ‹• Â?‘– ƒŽŽ‘™‡† ‹Â? –Š‡ •’‡…‹Ď?‹‡† †‹•–”‹…– ƒÂ?† ‹Â? •‘Â?‡ …ƒ•‡• –Š‡ ‡Â?–‹”‡ City.

Property Line means a line or curve that forms the legal boundary of a lot or parcel. Property lines ƒ”‡ ˆ—”–Š‡” …Žƒ••‹Ď?‹‡† ĥ ˆ”‘Â?–ǥ ‹Â?–‡”‹‘” •‹†‡ǥ •–”‡‡– •‹†‡ǥ ‘” ”‡ƒ”Ǥ Property Owners’ Association (POA) Â?‡ƒÂ?• ƒ Â’Â”Â‹Â˜ÂƒÂ–Â‡ÇĄ Â?‘Â?’”‘Ď?‹– …‘”’‘”ƒ–‹‘Â? ‘” ƒ••‘…‹ƒ–‹‘Â? ‘ˆ Š‘Â?‡‘™Â?‡”• ‘ˆ ’”‘’‡”–‹‡• ‹Â? ƒ Ď?‹š‡† ÂƒÂ”Â‡ÂƒÇĄ ‡•–ƒ„Ž‹•Š‡† ˆ‘” –Š‡ ’—”’‘•‡ ‘ˆ ‘™Â?‹Â?‰ǥ ‘’‡”ƒ–‹Â?‰ǥ ƒÂ?† maintaining various common properties and facilities.

Proposed Interchange means any interchange between limited access and other routes within the City which is now or shall, at the time of any such application, be under design by the Iowa Department of Transportation or the City.

Protective Care means a facility that provides custodial care and treatment in a protective living environment for persons residing voluntarily or by court placement including, without limitation, correctional and post-correctional facilities, juvenile detention facilities, halfway houses, and tem’‘”ƒ”› …—•–‘†› ˆƒ…‹Ž‹–‹‡•Ǥ ”‘–‡…–‹˜‡ …ƒ”‡ ƒŽ•‘ ‹Â?…Ž—†‡• —•‡• –Šƒ– ™‘—Ž† „‡ …Žƒ••‹Ď?‹‡† ĥ institutional residential if they involve treatment for sexual offenders or people with a known tendency to commit acts of violence.

Public Hearing means a meeting, announced and advertised in advance and open to the public, in which members of the public have an opportunity to participate. —„Ž‹… Â?–‡”‡•– ‘” ’‡…‹ƒŽ ˜‡Â?– means outdoor gatherings, auctions, art sales, block parties, and „ƒÂ?‡ •ƒŽ‡• ˆ‘” –Š‡ „‡Â?‡Ď?‹– ‘ˆ –Š‡ …‘Â?Â?—Â?‹–› ÂƒÂ–ÇŚÂŽÂƒÂ”Â‰Â‡ÇĄ ‘” …‘Â?Â?—Â?‹–› •‡”˜‹…‡ ‘” Â?‘Â?nj’”‘Ď?‹– ‘”‰ƒÂ?‹œƒtions (both faith-based and secular). These events may also include, but are not limited to, outdoor concerts, auctions, carnivals, circuses, outdoor meetings, and special entertainment at commercial properties. Such uses are often characterized by frequent travel to various communities and high noise levels, regardless of their purpose. The term does not include commercial carnivals that typically set up on existing parking lots.

N

Q

ƒ–‹‘Â?ƒŽ Ž‡…–”‹…ƒŽ ‘†‡ Č‹ ČŒ …‘†‹Ď?‹‡• –Š‡ ”‡“—‹”‡Â?‡Â?–• ˆ‘” •ƒˆ‡ ‡Ž‡…–”‹…ƒŽ ‹Â?•–ƒŽŽƒ–‹‘Â?• ‹Â?–‘ ƒ single, standardized source. It is part of the National Fire Codes series published by the National Fire Protection Association (NFPA), and while not itself a U.S. law, NEC use is commonly mandated by state or local law. ƒ–‹‘Â?ƒŽ …‡Â?‹… ›™ƒ›• ”‘‰”ƒÂ? is part of the U.S. Department of Transportation, Federal Highway Administration. Established in Title 23, Section 162 of the United States Code under the InterÂ?‘†ƒŽ —”ˆƒ…‡ ”ƒÂ?•’‘”–ƒ–‹‘Â? ˆĎ?‹…‹‡Â?…› …– ‘ˆ ͳ͝͝ͳ ƒÂ?† ”‡ƒ—–Š‘”‹œ‡† ƒÂ?† ‡š’ƒÂ?†‡† •‹‰Â?‹Ď?‹…ƒÂ?–Ž› in 1998 under TEA-21 and again under SAFETEA-LU in 2005, the program is a grass-roots collaborative effort established to help recognize, preserve, and enhance selected roads throughout the United States. ƒ–‹˜‡ ‡‰‡–ƒ–‹‘Â? means a plant that originally occurred in the area.

Natural Resource means existing natural elements relating to land, water, air, plant and animal life, including, but not limited to, soils, geology, topography, surface and subsurface waters, wetlands, vegetation, and animal habitat.

Nonconforming means a condition that occurs when, on the effective date of adoption of this code or a previous ordinance, or on the effective date of an ordinance text amendment or rezoning, an existing lot, structure, building, sign, parking, landscaping, buffering, lighting, development, use, of site improvement does not conform to one or more of the regulations current applicable to the district in which such lot, structure, building, sign, parking, landscaping, buffering, lighting, development, use, of site improvement is located.

Nonconforming Lot means lot of record which does not comply with the lot requirements for any permitted use in the district in which it is located.

Nonconforming Structure means a building, structure, or parts thereof lawfully existing at the time this or a subsequent amendment to this became effective which does not conform to the dimensional requirements of the district in which it is located.

Nonconforming Use means a use of land or use of a building or structure lawfully existing at the time this or a subsequent amendment to this became effective which does not conform to the use requirements of the district in which it is located.

Non-Instrument Runway means a runway other than an instrument runway.

Nursery, Retail means an enterprise that conducts the sale of plants grown off of the premises. The terms also include, as an accessory use, the sale of a limited selection of items (e.g., soil, planters, pruners, mulch, lawn or patio furniture, garden accessories, etc., but not power equipment) that are directly related to the care and maintenance of landscapes.

Nursery, Wholesale means an enterprise that conducts the sale of plants grown on the premises.

The terms also include, as an accessory use, the sale of a limited selection of items (e.g., soil, planters, pruners, mulch, lawn or patio furniture, garden accessories, etc., but not power equipment) that are directly related to the care and maintenance of landscapes.

Nursing Home means an establishment which provides full time convalescent or chronic care, or both, for two or more individuals who are not related by blood or marriage to the operator and who, „› ”‡ƒ•‘Â? ‘ˆ ƒ†˜ƒÂ?…‡† ÂƒÂ‰Â‡ÇĄ …Š”‘Â?‹… ‹ŽŽÂ?॥ ‘” ‹Â?Ď?‹”Â?‹–›ǥ ƒ”‡ —Â?ƒ„Ž‡ –‘ …ƒ”‡ ˆ‘” –Š‡Â?•‡Ž˜‡•Ǥ ‘ …ƒ”‡ for the acutely ill or surgical or obstetrical services shall be provided in such an establishment; a Š‘•’‹–ƒŽ •ŠƒŽŽ Â?‘– „‡ …‘Â?•–”—‡† –‘ „‡ ‹Â?…Ž—†‡† ‹Â? –Š‹• †‡Ď?‹Â?‹–‹‘Â?Ǥ

—‘‹�• mean decorative rectangles or squares of stone, brick, wood or concrete, placed at the corners of buildings to add architectural interest.

D

O Obstruction Â?‡ƒÂ?• ƒÂ?› –ƒÂ?‰‹„Ž‡ǥ ‹Â?ƒÂ?‹Â?ƒ–‡ ’Š›•‹…ƒŽ Â‘Â„ÂŒÂ‡Â…Â–ÇĄ Â?ƒ–—”ƒŽ ‘” ƒ”–‹Ď?Â‹Â…Â‹ÂƒÂŽÇĄ ’”‘–”—†‹Â?‰ ƒ„‘˜‡ the surface of the ground.

Occupant means any person who holds a written or an oral lease of or who actually occupies the whole or a part of a building, either alone or with others. ˆĎ?‹…‡ǥ ‡Â?‡”ƒŽ Â?‡ƒÂ?• —•‡• ‹Â? ™Š‹…Š ’”‘ˆ‡••‹‘Â?ÂƒÂŽÇĄ ‘—–’ƒ–‹‡Â?– Â?Â‡Â†Â‹Â…ÂƒÂŽÇĄ ‘” Ď?‹Â?ƒÂ?…‹ƒŽ •‡”˜‹…‡• ƒ”‡ ’”‘vided. The term includes: 1. Accounting, auditing and bookkeeping; 2. Advertising and graphic design; 3. Architectural, engineering, and surveying services; 4. Attorneys and court reporters; ͡Ǥ ƒÂ?Â?•ǥ Â?‘”–‰ƒ‰‡ …‘Â?’ƒÂ?‹‡•Ǣ ƒÂ?† Ď?‹Â?ƒÂ?…‹ƒŽ Â•Â‡Â”Â˜Â‹Â…Â‡Â•Ç˘ 6. Call centers; 7. Computer programming; 8. Corporate headquarters; 9. Counseling services; 10. Data processing and word processing services; 11. Detective agencies; ͳʹǤ ‘˜‡”Â?Â?‡Â?– ‘ˆĎ?‹…‡•Ǣ 13. Insurance; 14. Interior design; ͳ͡Ǥ Â‡Â†Â‹Â…ÂƒÂŽÇĄ †‡Â?Â–ÂƒÂŽÇĄ ƒÂ?† …Š‹”‘’”ƒ…–‹… ‘ˆĎ?‹…‡•Ǣ 16. Real estate sales; 17. Research and development that does not include on-site manufacturing; 18. Retail catalog, internet, and telephone order processing, but not warehousing; and ͳ͝Ǥ ‹”–—ƒŽ ‘ˆĎ?‹…‡ •‡”˜‹…‡•Ǥ ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ ƒ’ means the map showing the location and boundaries of the zoning districts ‡•–ƒ„Ž‹•Š‡† „› –Š‹• ‘†‡Ǥ Š‹• Â?ƒ’ ‹• ‡Â?–‹–Ž‡† –Š‡ Dz ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ ƒ’ ‘ˆ ‹‘—š ‹–›ǥ Â‘Â™ÂƒÇłÇ¤ Opacity means the measurement of the screening effectiveness of a bufferyard or fence, expressed as the percent of view across the bufferyard or fence that may be blocked to a height of 35 feet, based on the expected volume of landscape material at a variety of heights that is likely to result from a given planting program.

Open Feedlot Operation means an unroofed or partially roofed animal feeding operation if crop, vegetation, or forage growth or residue cover is not maintained as part of the animal feeding opera–‹‘Â? †—”‹Â?‰ –Š‡ ’‡”‹‘† –Šƒ– ƒÂ?‹Â?ƒŽ• ƒ”‡ …‘Â?Ď?‹Â?‡† ‹Â? –Š‡ ƒÂ?‹Â?ƒŽ ˆ‡‡†‹Â?‰ ‘’‡”ƒ–‹‘Â?Ǥ Open Space means open space held in private ownership and regularly available for use by the occupants of more than one dwelling.

Open Space Ratio (OSR) means the proportion of a development required to be set aside and preserved as open space.

Oriel Window means a projecting bay window supported by brackets or a triangular support piece.

Outdoor Commercial Amusement means uses that provide commercial amusement outdoors (except sexually oriented businesses), including, but not limited to: 1. Amusement parks or theme parks; 2. Fairgrounds; 3. Miniature golf establishments; 4. Golf driving ranges; 5. Water slides; and 6. Batting cages.

Outdoor Recreation Â?‡ƒÂ?• ’—„Ž‹… ‘” ’”‹˜ƒ–‡ ’ƒ”Â?•ǥ ‰‘Žˆ …‘—”•‡•ǥ •™‹Â?Â?‹Â?‰ ’‘‘Ž•ǥ „ƒŽŽ Ď?‹‡Ž†•ǥ –‡Â?Â?‹• courts, and other such uses providing recreational opportunities for a neighborhood or the community at-large.

Outdoor Storage Yard means an outdoor area in which items that are used for commercial or construction activities (e.g., portable or mechanized equipment, building materials, manufacturing inputs, or merchandise) is stored for a period of 48 or more consecutive hours.

Out-lot means a lot remnant or parcel of land left over after platting, which is intended as open space or other use, for which no building permit shall be issued.

Overlay District means a zone which is overlaid upon a primary zone for the purpose of adding to –Š‡ ’”‹Â?ƒ”› œ‘Â?‡ ƒ •’‡…‹Ď?‹… ”‡‰—Žƒ–‹‘Â? ‘” ”‡‰—Žƒ–‹‘Â?• –‘ Â?‡‡– •’‡…‹Ď?‹… Ž‘…ƒ–‹‘Â?ƒŽ Â?‡‡†• Â?‘– ‰‡Â?‡”ƒŽŽ› prevalent within the City.

Owner means and includes the holder of legal title as well as holders of any equitable interest, such ĥ –”—•– „‡Â?‡Ď?Â‹Â…Â‹ÂƒÂ”Â‹Â‡Â•ÇĄ …‘Â?–”ƒ…– Â’Â—Â”Â…ÂŠÂƒÂ•Â‡Â”Â•ÇĄ ‘’–‹‘Â? Š‘Ž†‡”•ǥ Ž‡••‡‡• —Â?†‡” Ž‡ƒ•‡• Šƒ˜‹Â?‰ ƒÂ? —Â?‡š’‹”‡† term of at least 10 years, and the like. Whenever a statement of ownership is required by this Code, full disclosure of all legal and equitable interests in the property is required.

P Parapet means a low stone or brick wall at the top of a building. A crenelated parapet has rhythmic breaks in the wall to create a pattern of battlements.

Parcel of Land means one or more lots which are designated by the owner or applicant as land to be used or developed as a unit, or which has been developed as a unit.

Parcel Proposed for Development means any parcel of land which is the subject of an application for development approval.

Park means an area open to the general public and reserved for recreational, educational, or scenic purposes.

Parking Garage means a structure designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. The phrase includes freestanding parking structures, deck parking, and parking pedestals under buildings.

Parking Lot means an area designated for off-street parking.

Parking, Off-Street means a site or a portion of a site, devoted to the off-street parking of vehicles, including parking spaces, aisles, access drives, and landscaped areas, and providing vehicular access to a public street.

Parking Pad means an off-street parking area adjacent to a driveway which provides parking for a single motor vehicle.

Parking Space means an area that is used for parking of motor vehicles that: 1. Is accessible from a street, aisle, or alley and meets the applicable dimensional requirements of this Code; or 2. Is accessible from a street or alley, is located in a residential driveway, garage, or carport, and meets the dimensional requirements for a standard parking space set out in this Code.

Parking, Tandem means a parking space within a group of two or more parking spaces arranged one behind the other.

Peak Hour Trips means trips made during the busiest hour within the morning and evening peak periods using any transportation mode.

Permit means one or more documents issued by the City allowing a person to begin an activity provided for in this Sign and Zoning Code or other codes, ordinances, and regulatory provisions administered by the City. A permit allows only the work or development •’‡…‹Ď?‹‡† ‹Â? –Š‡ ’‡”Â?‹–Ǥ Person with Disabilities means a person having: 1. A physical or mental impairment that substantially limits one or more of such person’s major life activities so that such person is incapable of living independently; 2. A record of having an impairment; or 3. Being regarded as having an impairment.

Personal Care means assistance with the essential activities of daily living which may include but are not limited to transferring, bathing, personal hygiene, dressing, grooming, and housekeeping that are essential to the health and welfare of a tenant.

R Railroad Yard means an area of land, a portion of which is covered by a system of tracks, which provides for the making up of trains by one or more railroads or private industry concerns. Necessary functions of a rail yard include but are not limited to the classifying, switching, storing, assembling, distributing, consolidating, moving, repairing, weighing, or transferring of cars, trains, engines, locomotives, and rolling stock. ‡…”‡ƒ–‹‘Â?ƒŽ ‡Š‹…Ž‡ means any building, structure, or vehicle designed and/or used for living or sleeping and/or recreational purposes and equipped with wheels to facilitate movement from place to place, and automobiles when used for living or sleeping purposes and including pick-up coaches Č‹Â…ÂƒÂ?Â’Â‡Â”Â•ČŒÇĄ Â?‘–‘”‹œ‡† Š‘Â?‡•ǥ Â„Â‘ÂƒÂ–Â•ÇĄ –”ƒ˜‡Ž Â–Â”ÂƒÂ‹ÂŽÂ‡Â”Â•ÇĄ ƒÂ?† …ƒÂ?’‹Â?‰ –”ƒ‹Ž‡”• Â?‘– Â?‡‡–‹Â?‰ –Š‡ •’‡…‹Ď?‹…ƒtions required for a manufactured home. ‡…”‡ƒ–‹‘Â?ƒŽ ‡Š‹…Ž‡ Č‹ ČŒ ƒ”Â? Â?‡ƒÂ?• ƒÂ?› Ž‘– ‘” ’ƒ”…‡Ž ‘ˆ ŽƒÂ?† —’‘Â? ™Š‹…Š Ď?‹˜‡ ‘” Â?‘”‡ ”‡…”‡ational vehicle sites are located, established, or maintained for occupancy for a fee by recreational vehicles of the general public as temporary living quarters.

Recycling Collection means a facility or land use, regardless of name or title, at which recoverable resources, such as newspapers, magazines, glass, metal, plastic materials, tires, grass and leaves, and similar items, except hazardous waste and medical waste are collected, cleaned, sorted, stored, Ď?Žƒ––‡Â?‡†ǥ •Š”‡††‡†ǥ †‹•Â?ƒÂ?–Ž‡†ǥ …”—•Š‡†ǥ „—Â?†Ž‡†ǥ ‘” •‡’ƒ”ƒ–‡† „› Â•Â‹ÂœÂ‡ÇĄ Â‰Â”ÂƒÂ†Â‡ÇĄ Â“Â—ÂƒÂŽÂ‹Â–Â›ÇĄ ‘” –›’‡ǥ ƒÂ?† compacted, baled, or packaged for shipment or delivery for the eventual manufacture of new products.

Recycling Processing means a building or site that is used for the processing of recyclable ma–‡”‹ƒŽ•Ǥ ”‘…‡••‹Â?‰ Â?‡ƒÂ?• –Š‡ ’”‡’ƒ”ƒ–‹‘Â? ‘ˆ Â?ƒ–‡”‹ƒŽ ˆ‘” ‡ˆĎ?‹…‹‡Â?– •Š‹’Â?‡Â?–ǥ ‘” –‘ ƒÂ? ‡Â?†nj—•‡”ǯ• •’‡…‹Ď?‹…ƒ–‹‘Â?•ǥ „› •—…Š Â?‡ƒÂ?• ĥ „ƒ‹Ž‹Â?‰ǥ „”‹“—‡––‹Â?‰ǥ …‘Â?’ƒ…–‹Â?‰ǥ Ď?Žƒ––‡Â?‹Â?‰ǥ ‰”‹Â?†‹Â?‰ǥ …”—•Š‹Â?‰ǥ Â?‡chanical sorting, shredding, or cleaning.

Redevelopment Â?‡ƒÂ?• ƒ Â?‘†‹Ď?‹…ƒ–‹‘Â? –‘ ƒÂ? ‡š‹•–‹Â?‰ †‡˜‡Ž‘’‡† ÂŽÂ‘Â–Č€Â’ÂƒÂ”Â…Â‡ÂŽ –Šƒ– ™‹ŽŽ ”‡“—‹”‡ ƒ „—‹Ž†ing permit.

Restaurant, Drive-In or Drive-Through means a restaurant located either within a retail center, or situated as a stand-alone facility, which: 1. Contains a drive-in or drive-through facility; ʹǤ ”‹Â?ƒ”‹Ž› •‡”˜‡• ˆ‘‘† –Šƒ– ‹• ’”‡’ƒ”‡† ƒÂ?† ’ƒ…Â?ƒ‰‡† ™‹–Š‹Â? Ď?‹˜‡ Â?‹Â?—–‡•Ǣ ƒÂ?† 3. Customarily serves food in disposable containers.

Restaurant, No Drive-In or Drive-Through means an establishment that serves prepared meals to customers for consumption on-site or off-site, but does not include drive-in or drive-through facilities (but may include designated parking spaces for “curbside pickup� of food ordered in advance if the curbside pickup is a clearly subordinate function to the restaurant’s operations), and includes: 1. Full-service restaurants; 2. Limited-service eating facilities; and 3. Special food services.

Rezoning means an amendment to the ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ ƒ’.

Right-of-Way Â?‡ƒÂ?• ƒÂ?› ŽƒÂ?† Š‡Ž†ǥ ‘™Â?‡† ‘” ‘–Š‡”™‹•‡ …‘Â?–”‘ŽŽ‡† „› –Š‡ ‹–› ˆ‘” –Š‡ •’‡…‹Ď?‹… „—– not exclusive purpose of vehicular, pedestrian, and/or other form of transportation whether or not such transportation use is actually or presently undertaken on such land. Right-of-way may be granted by a property owner, usually in the form of a dedication for public use, or a strip or strips of land, title to which rests in the public for the purpose stated in the dedication.

Riparian Area means lands comprised of vegetative and wildlife areas adjacent to perennial and intermittent streams. Riparian areas are delineated by the existence of plant species normally found near freshwater.

Roof …ƒÂ? „‡ •–‡‡’ǥ Ď?Žƒ– ‘” ‰‡Â?–Ž› •Ž‘’‡† ƒÂ?† –ƒÂ?‡ Â?ƒÂ?› ˆ‘”Â?•ǥ Â‰ÂƒÂ„ÂŽÂ‡ÇĄ ‰ƒÂ?„”‡Žǥ Š‹’’‡†ǥ •–‡’’‡† Â‰ÂƒÂ„ÂŽÂ‡ÇĄ shed, pent or Mansard. The roof type is an important key to identifying the style of a building. &Ĺ?Ĺ?ĆľĆŒÄž ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ Runway means a designated portion of the airport prepared for landing and takeoff of aircraft along the centerline of its longest dimension.

S Salvage Yard means a yard, lot or place, covered or uncovered, outdoors or in an enclosed building, containing salvage or junk, upon which occurs one or more acts of buying, storage, dismantling, processing, recycling, selling, or offering for sale any such salvage, in while units or by parts, for a business or a commercial purpose, whether or not the proceeds from such act or acts are to be used for charity.

Seasonal Sales means sales of items that are available depending on an annually recurring period of time, depending on certain activities, celebrations, or crop availability.

Self-Storage Facility means a structure containing separate storage spaces, which may be of various sizes, leased or rented on an individual basis.

Setback means a stated minimum distance from a lot line to a building, structure, or use. ‡š—ƒŽŽ› ”‹‡Â?–‡† —•‹Â?‡••Ȁ Â?–‡”–ƒ‹Â?Â?‡Â?– means an adult arcade, adult bookstore, adult cabaret, adult novelty store, adult video store, nude model studio, adult motel, adult motion picture theater, or sexual encounter center.

Sidewalk Cafe•ŠƒŽŽ „‡ †‡Ď?‹Â?‡† ĥ –Š‡ ‡š’ƒÂ?•‹‘Â? ‘ˆ ƒ ”‡•–ƒ—”ƒÂ?–ǥ Â„ÂƒÂ”ÇĄ Â‡ÂƒÂ–Â‡Â”Â›ÇĄ ‹…‡ …”‡ƒÂ? Â’ÂƒÂ”ÂŽÂ‘Â”ÇĄ …‘ˆˆ‡‡ shop, or similar use onto the public right-of-way immediately adjacent to the primary location of the restaurant, bar, eatery, ice cream parlor, coffee shop, or similar use.

Sidewalk Sale means sales that are conducted by either the store owner or occupant, outside their store, on: 1. A public sidewalk; 2. A private sidewalk; or 3. Pedestrian areas adjacent to a sidewalk, such as pedestrian plazas.

Sight Distance Triangle means the triangular area formed by a diagonal line connecting two points located on intersecting street right-of-way lines, or a right-of-way line and the curb or edge of a driveway. The dimensions of this triangular area are measured 30 feet distant along the property line from the intersection of two streets and of 15 feet along both the street and alley line from the intersection of a street and an alley. See Figure S-1, Sight Distance Triangle. &Ĺ?Ĺ?ĆľĆŒÄž ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ Sign means any writing (including letter, word, or numeral), pictorial presentation (including illustration or decoration), emblem (including device, symbol, or trademark), Ď?Žƒ‰ (including banner ‘” ’‡Â?Â?ƒÂ?Â–ČŒÇĄ ‘” ƒÂ?› ‘–Š‡” Ď?‹‰—”‡ ‘ˆ •‹Â?‹Žƒ” Â…ÂŠÂƒÂ”ÂƒÂ…Â–Â‡Â”ÇĄ –Šƒ– ‹• ƒ structure or any part thereof; or is attached to, painted on, or in any other manner represented on a building or other structure; or is displayed in a building window in a manner that is discernible from public rights-of-way or abutting property; and is used to display noncommercial information; or announce or direct attention; or advertise.

Sign, Abandoned means any sign which does not display any advertisement, copy or message or ƒÂ?› •‹‰Â? ™Š‹…Š ‹†‡Â?–‹Ď?‹‡• ‘” ƒ†˜‡”–‹•‡• ƒ „—•‹Â?‡••ǥ Ž‡••‘”ǥ Â•Â‡Â”Â˜Â‹Â…Â‡ÇĄ ‘™Â?‡”ǥ ’”‘†—…–ǥ ‘” ÂƒÂ…Â–Â‹Â˜Â‹Â–Â›ÇĄ ™Š‹…Š is no longer available at the indicated location or no longer available on the premises or for which no legal owner can be found.

Sign, Adjacent Area means an area which is contiguous to and within 660 feet of the nearest edge of the right-of-way of any interstate, freeway primary, or primary highway.

Sign, Advertising Device Â?‡ƒÂ?• ƒÂ?› ‘—–†‘‘” •‹‰Â?ÇĄ Â†Â‹Â•Â’ÂŽÂƒÂ›ÇĄ Â†Â‡Â˜Â‹Â…Â‡ÇĄ Ď?‹‰—”‡ǥ ’ƒ‹Â?–‹Â?‰ǥ †”ƒ™‹Â?‰ǥ Â?‡•sage, placard, poster, billboard, or any other device designed, intended, or used to advertise or give information in the nature of advertising, and having the capacity of being visible from the traveled portion of any interstate or primary highway.

Sign, Animated means a sign which uses movement or change of light to depict action or to create a special effect or scene.

Sign, Arcade means a sign projecting beneath the underside of any structural overhang or passageway.

Sign Area means: 1. For a freestanding or projecting sign composed of one face, the sign area shall be determined based on the outer dimensions of the frame surrounding the sign face, but excluding the structure supporting the sign unless it is part of the communication of the sign. In the case of a freestanding sign that includes blank spaces with the intention of adding wording in the future, the blank spaces shall be included in measuring sign area.

2. For a sign composed of two faces constructed back to back, or at less than a 60 degree angle to each other, the sign area shall be determined based on the outer dimensions of the frame of the larger of the two sides, but excluding the structure supporting the sign unless it is part of the communication of the sign.

3. For an off-premise sign composed of two faces constructed at more than a 60 degree angle to each other, the sign area shall be determined based on the total area of the outer dimensions of both frames surrounding the sign faces, but excluding the structure supporting the sign unless it is part of the communication of the sign.

4. For an off-premise sign composed of three faces, the sign area shall be determined based on the outer dimensions of all three frames surrounding the sign faces, but excluding the structure supporting the sign unless it is part of the communication of the sign. ͡Ǥ ‘” Â™ÂƒÂŽÂŽÇĄ ĪÂ?‹Â?‰ǥ ƒÂ?† …ƒÂ?‘’› •‹‰Â?• …‘Â?’‘•‡† ‘ˆ ‹Â?†‹˜‹†—ƒŽ Ž‡––‡”• ‘” Ď?‹‰—”‡•ǥ –Š‡ ƒ”‡ƒ ‹• –Šƒ– ‘ˆ the smallest rectangle or other geometric shape that encompasses all the letters or symbols.

Sign, Attached means any sign supported by uprights, braces, or other devices, or painted on, or otherwise attached to any building.

Sign, Awning or Canopy Â?‡ƒÂ?• ƒ •‹‰Â? ’ƒ‹Â?–‡† ‘Â?ÇĄ ’”‹Â?–‡† ‘Â?ÇĄ ‘” ƒ––ƒ…Š‡† Ď?Žƒ– ƒ‰ƒ‹Â?•– –Š‡ •—”ˆƒ…‡ of an awning or canopy projecting from and supported by the exterior wall of a building. (See also, Canopy or Awning Sign) ‹‰Â?ÇĄ ƒÂ?Â?‡” Â?‡ƒÂ?• ƒ –›’‡ ‘ˆ –‡Â?’‘”ƒ”› •‹‰Â? –Šƒ– ‹• Â?ƒ†‡ ‘” …‘Â?’‘•‡† ‘ˆ ƒ Ď?Ž‡š‹„Ž‡ ’‹‡…‡ ‘ˆ ˆƒ„ric, plastic, canvass, vinyl, paper, or another non-rigid material that does not include any enclosing framework and which is commonly mounted to a building, structure, fence, railing, or wall with rope, or mounted to the ground with stakes. ‹‰Â?ÇĄ —‹Ž†‹Â?‰ ”‘Â?– means one exterior wall of a building facing a front line of a lot or one exterior wall containing the primary entrance to the building. ‹‰Â?ÇĄ —•‹Â?॥ •–ƒ„Ž‹•ŠÂ?‡Â?– means business advertising signs for the purpose of announcing the opening of a new business.

Sign, Canopy or Awning Â?‡ƒÂ?• ƒ •‹‰Â? ’ƒ‹Â?–‡† ‘Â?ÇĄ ’”‹Â?–‡† ‘Â?ÇĄ ‘” ƒ––ƒ…Š‡† Ď?Žƒ– ƒ‰ƒ‹Â?•– –Š‡ •—”ˆƒ…‡ of an awning or canopy projecting from and supported by the exterior wall of a building. (See also, Awning or Canopy Sign).

Sign, Carried means a sign that is hand-carried by an individual. ‹‰Â?ÇĄ ƒÂ?’—• ‘Â?’Ž‡š means institutional type facilities that provide no comprehensive hospital ƒÂ?† Š‡ƒŽ–Š •‡”˜‹…‡• ƒÂ?†Ȁ‘” Š‹‰Š‡” ‡†—…ƒ–‹‘Â? –”ƒ‹Â?‹Â?‰ ˆ”‘Â? ˆƒ…‹Ž‹–‹‡• Ž‘…ƒ–‡† ‘Â? ƒ •‹–‡ ‘ˆ Ď?‹˜‡ ‘” Â?‘”‡ acres.

Sign, Changeable Copy Â?‡ƒÂ?• ƒ •‹‰Â? ‘Â? ™Š‹…Š …‘’› ‹• …ŠƒÂ?‰‡† Â?ƒÂ?—ƒŽŽ› ‹Â? –Š‡ Ď?‹‡Ž†ǥ •—…Š ĥ ƒ

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reader board with changeable letters or changeable pictorial panels.

Sign, Clearance means the least vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.

Sign, Copy means the wording on a sign surface in either permanent or removable letter form.

Sign, Damaged or Dilapidated means a sign where elements of the sign face or structure are visibly cracked, corroded, bent, broken, torn, or dented, or where the message can no longer be read under normal viewing conditions.

Sign, Detached means a sign permanently anchored to the ground, which stands alone on its own foundation and structural supports, and is detached from any supporting elements of a building.

Sign, Directional / Information means any attached or freestanding on premise sign giving directions, instructions, or facility information, e.g., entrance or exit signs, one-way, location of parking, etc., which may contain the name or logo of an establishment but no other advertising copy.

Sign, Directory means an outdoor sign listing and identifying the occupants within retail centers, ‹Â?†—•–”‹ƒŽ …‡Â?–‡”•ǥ ‘ˆĎ?‹…‡ …‘Â?’Ž‡š‡•ǥ ‹Â?•–‹–—–‹‘Â?ƒŽ …ƒÂ?’—•‡• ȋ‡Ǥ‰Ǥ Â?‡†‹…ƒŽ …‡Â?–‡”ǥ ÂŠÂ‘Â•Â’Â‹Â–ÂƒÂŽÇĄ Â‡Â–Â…Ç¤ČŒÇĄ ƒÂ?† other multi-tenant commercial or industrial sites.

Sign, Double-Faced means any sign with copy on two faces that are back to back, facing in opposite directions.

Sign Face means that part of an advertising device that is devoted to the display of advertising and –Šƒ– ‹• ˜‹•‹„Ž‡ –‘ –”ƒˆĎ?‹… ’”‘…‡‡†‹Â?‰ ‹Â? ƒÂ?› ‘Â?‡ †‹”‡…–‹‘Â?Ǥ Sign, Festoons Â?‡ƒÂ?• ƒ •–”‹Â?‰ ‘ˆ ”‹„„‘Â?•ǥ –‹Â?•‡Žǥ •Â?ƒŽŽ Ď?ÂŽÂƒÂ‰Â•ÇĄ ’‹Â?™Š‡‡Ž•ǥ ‘” •‹Â?‹Žƒ” †‡˜‹…‡•Ǥ ‹‰Â?ÇĄ Žƒ‰ Č‹ ˆĎ?Â‹Â…Â‹ÂƒÂŽČŒ Â?‡ƒÂ?• ƒ †—Ž› ƒ†‘’–‡† Ď?Žƒ‰ ‘” •‡ƒŽ ‘ˆ –Š‡ Â?‹–‡† Â–ÂƒÂ–Â‡ÇĄ –ƒ–‡ ‘ˆ Â‘Â™ÂƒÇĄ ‘‘†„—”› County, or the City of Sioux City. ‹‰Â?ÇĄ Žƒ‰ Č‹ Â?‘ˆĎ?Â‹Â…Â‹ÂƒÂŽČŒ means any mottos, emblems, designs, shapes, or symbols placed or printed on cloth, fabric, plastic, canvas, vinyl, or other rigid or non-rigid devices or materials that are in–‡Â?†‡† –‘ …‘Â?˜‡› ƒÂ? —Â?‘ˆĎ?‹…‹ƒŽ Â?‡••ƒ‰‡ ‘” –‘ ‹†‡Â?–‹ˆ› ƒ ’‡”•‘Â?ÇĄ Â’ÂŽÂƒÂ…Â‡ÇĄ „—•‹Â?‡••ǥ Â‹Â†Â‡ÂƒÇĄ ‘” –Š‹Â?‰ ‘–Š‡” –ŠƒÂ? †—Ž› ƒ†‘’–‡† Ď?Žƒ‰• ‘” •‡ƒŽ• ‘ˆ Â?ƒ–‹‘Â?•ǥ Â•Â–ÂƒÂ–Â‡Â•ÇĄ …‘—Â?–‹‡•ǥ ‘” Â?—Â?‹…‹’ƒŽ‹–‹‡•Ǥ Sign, Flashing means any directly or indirectly illuminated sign which contains an intermittent Ď?Žƒ•Š‹Â?‰ Ž‹‰Š– •‘—”…‡Ǥ Š‹• †‘‡• Â?‘– ‹Â?…Ž—†‡ Â?‡••ƒ‰‡ …‡Â?–‡” ‘” –‹Â?‡Ȁ–‡Â?’‡”ƒ–—”‡ •‹‰Â?•Ǥ ‹‰Â?ÇĄ ”ƒÂ?‡ ˆˆ‡…– means any directly or indirectly illuminated sign which contains an intermit–‡Â?– Ď?Žƒ•Š‹Â?‰ Ž‹‰Š– •‘—”…‡Ǥ Š‹• †‘‡• Â?‘– ‹Â?…Ž—†‡ Â?‡••ƒ‰‡ …‡Â?–‡” ‘” –‹Â?‡Ȁ–‡Â?’‡”ƒ–—”‡ •‹‰Â?•Ǥ Sign, Freestanding means any monument sign, pylon sign, or billboard supported by uprights or braces placed on or in the ground and not attached to any building. ‹‰Â?ÇĄ ”‘Œ‡…–‹‘Â? (Goes Between Optics) means projection signs that are displayed on a Ď?‹š‡† •—”ˆƒ…‡ „› ’”‘Œ‡…–‹Â?‰ Ž‹‰Š– –Š”‘—‰Š ƒ •‡Â?‹–”ƒÂ?•’ƒ”‡Â?– –‡Â?’Žƒ–‡Ǥ Sign Height means the vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.

Sign, Home Occupation Â?‡ƒÂ?• ƒÂ?› —Â?Ž‹‰Š–‡† •‹‰Â? Â?‘– ‘˜‡” ‘Â?‡ •“—ƒ”‡ ˆ‘‘– ‹Â? ƒ”‡ƒ ƒ––ƒ…Š‡† Ď?Žƒ– against the dwelling and displaying only the occupants name and/or address and/or occupation. ‹‰Â?ÇĄ †‡Â?–‹Ď?‹…ƒ–‹‘Â? means any sign whose copy is limited to the name, address, or number of a building, business, institution, entity, individual, activity, or occupation on the premises, which is ’”‹Â?ƒ”› –‘ –Š‡ ‹†‡Â?–‹Ď?‹…ƒ–‹‘Â? ‘ˆ –Š‡ ’”‡Â?‹•‡• ƒÂ?† –‘ ƒ ‰‡Â?‡”ƒŽ •–ƒ–‡Â?‡Â?– ‘ˆ –Š‡ ƒ…–‹˜‹–› …ƒ””‹‡† ‘Â? in the building.

Sign, Illegal means any sign and/or advertising device erected without a permit required by this Code, or in violation of any of the limitations, prohibitions, or requirements of this Code.

Sign, Illuminated Â?‡ƒÂ?• ƒÂ?› •‹‰Â? ™‹–Š ƒÂ? ƒ”–‹Ď?‹…‹ƒŽ Ž‹‰Š– •‘—”…‡ ‹Â?…‘”’‘”ƒ–‡† ‹Â?–‡”Â?ƒŽŽ› ‘” ‡š–‡”nally (directly or indirectly) for the purpose of illuminating the sign.

Sign, Incidental means any small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises.

Sign, Integral means memorial signs or tablets, names of buildings, and date of erection when cut into any masonry surface on the wall of a building, or when constructed of bronze or other incombustible materials mounted on the wall of a building.

Sign, Interim means temporary business advertising signs intended to provide signage in an interim period during which permanent signage is being fabricated, repaired, and/or prepared for installation or erection. ‹‰Â?ÇĄ ‹•’Žƒ› means a sign face displaying a message that is formed by light emitting diodes and that is changed by an electronic process. An LED display is a single face.

Sign Maintenance means, for the purposes of this Code, the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.

Sign, Marquee means a permanent roof-like structure constructed of rigid materials that is supported by and extending from the facade of a building and which is designed to include (manual or electronic) changeable copy. A marquee sign is different from and does not include a canopy sign.

Sign, Message means a sign or advertising deviceǯ• Â?Â‡Â•Â•ÂƒÂ‰Â‡ÇĄ ‹Â?…Ž—†‹Â?‰ ‹–• …‘’›ǥ †”ƒ™‹Â?‰•ǥ Ď?‹‰—”‡•ǥ logo, and any associated background.

Sign, Message Center means a sign that contains an electronic or computer-generated message ™‹–Š‹Â? –Š‡ …‘’› ƒ”‡ƒ ‘ˆ ƒ •‹‰Â? –Šƒ– ”‡Â?ƒ‹Â?• ‘Â? ˆ‘” ƒ •’‡…‹Ď?‹‡† Â?‹Â?‹Â?—Â? ’‡”‹‘† ‘ˆ –‹Â?‡ ƒÂ?† „Žƒ…Â?• ‘—– ˆ‘” ƒ •’‡…‹Ď?‹‡† Â?‹Â?‹Â?—Â? ’‡”‹‘† ‘ˆ –‹Â?‡ „‡–™‡‡Â? Â?‡••ƒ‰‡•Ǥ ‡••ƒ‰‡• …‘Â?–ƒ‹Â?‡† ‘Â? –Š‡ •‹‰Â? †‘ not travel or appear to travel in any direction. (See Traveling Message) Sign, Monument means a freestanding ground sign: 1. That is of monolithic construction in which the sign’s base or support is of uniform composition with the material comprising the sign area of said sign and the base or support of said sign is †‹”‡…–Ž› ƒˆĎ?‹š‡† ‹Â? ‘” –‘ –Š‡ ‰”‘—Â?†Ǣ 2. Where the sign face is encompassed on the top, sides, and bottom by a border or column of the same or compatible material which border or column is not less than 12 inches wide and not more than 24 inches wide, and which border or column compliments and enhances the aesthetic effect of the sign; and 3. Which may be double-faced provided it has back-to-back sides.

Sign, Mural means a graphic that is displayed on the exterior of a building, generally for the purpose of decoration or artistic expressions, which depicts a scene or event of natural, social, cultural, ‘” Š‹•–‘”‹… •‹‰Â?‹Ď?‹…ƒÂ?…‡Ǥ Sign, Neon means any colored or uncolored tubular lighting bent or formed into a design or lettering of which the primary source of light is gaseous. Anything within the boundary of the outline of the neon is considered part of the sign face. ‹‰Â?ÇĄ ‘Â?ÇŚ ‘Â?Â?‡”…‹ƒŽ …–‹˜‹–› ‘” ˜‡Â?– means an temporary activity or event that does not, in any way, involve commerce, at least relative to similar activities that do have a commercial objective or emphasis. For example, advertising a free activity or event that is open to the general ’—„Ž‹…ǥ ™Š‹…Š Â?ƒ› „‡ Š‘•–‡† „› ƒ Â?‘Â?nj’”‘Ď?‹– ‘”‰ƒÂ?‹œƒ–‹‘Â? ‘” ƒ ÂˆÂ‘Â”ÇŚÂ’Â”Â‘Ď?‹– „—•‹Â?॥ –Šƒ– ‹• •–ƒˆˆ‡† only by volunteers and for which there is no sales or exchange of money or in-kind services is a non-commercial activity or event.

Sign, Nonconforming means: 1. Any sign which was erected legally but which does not comply with subsequently enacted sign regulations and restrictions; or 2. A sign which does not conform to the sign code requirements but for which a variance has been issued. ‹‰Â?ÇĄ ˆĎ?‹…‹ƒŽ ‘” ‡‰ƒŽ ‘–‹…‡ means a sign or notice lawfully erected and maintained by a city, county or public agency within its territorial or zoning jurisdiction for the purpose of carrying out ƒÂ? ‘ˆĎ?‹…‹ƒŽ †—–› ‘” ”‡•’‘Â?•‹„‹Ž‹–›Ǥ Š‡ †‡Ď?‹Â?‹–‹‘Â? ‹Â?…Ž—†‡• ƒ Š‹•–‘”‹…ƒŽ Â?ƒ”Â?‡” Žƒ™ˆ—ŽŽ› ‡”‡…–‡† „› ƒ •–ƒ–‡ ‘” Ž‘…ƒŽ ‰‘˜‡”Â?Â?‡Â?– ƒ‰‡Â?…› ‘” ƒ Â?‘Â?’”‘Ď?‹– Š‹•–‘”‹…ƒŽ •‘…‹‡–›Ǥ Sign, Off-Premise Advertising means any sign or advertising device which directs attention to a business, profession, product, service, activity or entertainment that is not conducted, sold, or offered on the premises upon which the sign is located. An off-premises advertising sign includes “billboards.â€?

Sign, On-Premise Advertising means any sign or advertising device which directs attention to a business, profession, product, service, or activity that is conducted, sold, or offered on the same premises upon which the sign is located.

Sign, Parapet means a sign or advertising device that is attached to that portion of a building’s exterior wall the projects above the roof line of the building. A parapet sign is a wall sign.

Sign Permit means a sign or advertising device that is attached to that portion of a building’s exterior wall the projects above the roof line of the building. A parapet sign is a wall sign.

Sign, Pole Cover means covers enclosing or decorating poles or other structural supports of a sign.

Sign, Pole means a sign that is mounted on one or more freestanding poles or other support so that the bottom edge of the sign face is not in direct contact with a solid base or the ground.

Sign, Portable means any sign or advertising device that is not permanently embedded in the ‰”‘—Â?† ‘” ƒˆĎ?‹š‡† –‘ ƒ „—‹Ž†‹Â?‰ ‘” ‘–Š‡” •–”—…–—”‡ǥ ‹Â?…Ž—†‹Â?‰ ƒÂ?› •‹‰Â? –Šƒ– ”‡•–• —’‘Â? –Š‡ ‰”‘—Â?†ǥ ƒ frame, a building, or other structure or item. By its construction or nature, a portable sign may be or is intended to be freely moved from one location to another. When on a trailer, the removal of the wheels or undercarriage does not place the sign in another category, neither does the anchoring of the sign by means of concrete blocks, sandbags, or other types of temporary anchors. Portable •‹‰Â?• ‹Â?…Ž—†‡ǥ „—– ƒ”‡ Â?‘– Ž‹Â?‹–‡† –‘ǥ –”ƒ‹Ž‡” •‹‰Â?• ȋ™‹–Š ‘” ™‹–Š‘—– Â™ÂŠÂ‡Â‡ÂŽÂ•ČŒÇĄ Š‘– ƒ‹” ‘” ‰ƒ• Ď?‹ŽŽ‡† „ƒŽŽ‘‘Â?• ‘” ‘–Š‡” ‹Â?Ď?Žƒ–ƒ„Ž‡ Â‘Â„ÂŒÂ‡Â…Â–Â•ÇĄ •‹‰Â?• Â?‘—Â?–‡† ˆ‘” ƒ†˜‡”–‹•‹Â?‰ ’—”’‘•‡• ‘Â? ƒ ˜‡Š‹…Ž‡ –Šƒ– ‹• parked and visible from street right-of-way (except signs identifying the related business when the vehicle is being used in the normal, day-to-day operations of that business), and sidewalk or curb •‹‰Â?•Ǥ ’‘”–ƒ„Ž‡ •‹‰Â? •ŠƒŽŽ Â?‘– „‡ ‹Â?–‡”’”‡–‡† –‘ ’”‘Š‹„‹– ƒÂ?› Ž‡––‡”‹Â?‰ǥ ƒ†˜‡”–‹•‹Â?‰ǥ ‘” ‹†‡Â?–‹Ď?‹…ƒtion permitted to be mounted on or painted on and incidental to the primary use of a vehicle as a delivery, service, or transportation vehicle. Further, a portable sign shall not be interpreted to ’”‘Š‹„‹– ƒ†˜‡”–‹•‹Â?‰ ‘Â? „—•‡•Ǥ ‘”–ƒ„Ž‡ •‹‰Â?• •’‡…‹Ď?‹…ƒŽŽ› ‹†‡Â?–‹Ď?‹‡† ‹Â? –Š‹• ‘†‡ ‹Â?…Ž—†‡ǣ 1. Ž‡…–‹‘Â? •‹‰Â?• mean any temporary, portable sign in connection with any national, state, or local election; and 2. Sandwich board sign means a portable, non-illuminated sign consisting of two sign faces hinged at the top and separated at the bottom so that it is self-standing, which is for the purpose of directing attention to a business, commodity, service, or entertainment offered within a building on the site upon which the sign is located. Sandwich board signs are also referred to as A-frame signs.

Sign, Projecting means any sign that is attached to and projects more than twelve inches perpen†‹…—Žƒ” –‘ ƒ „—‹Ž†‹Â?‰ ™ƒŽŽ ‘” ‘–Š‡” •–”—…–—”‡ –Šƒ– ‹• Â?‘– •’‡…‹Ď?‹…ƒŽŽ› †‡•‹‰Â?‡† –‘ •—’’‘”– –Š‡ •‹‰Â?Ǥ Sign, Promotional means temporary business advertising signs intended to promote and attract attention to a commercial use, activity, or event for a limited number of activities or events in a calendar year.

Sign, Public means any temporary or permanent sign erected and maintained by the city, county, Â•Â–ÂƒÂ–Â‡ÇĄ ‘” ˆ‡†‡”ƒŽ ‰‘˜‡”Â?Â?‡Â?– ˆ‘” –”ƒˆĎ?‹… †‹”‡…–‹‘Â? ‘” ˆ‘” –Š‡ †‡•‹‰Â?ƒ–‹‘Â? ‘ˆ ‘” †‹”‡…–‹‘Â? –‘ ƒÂ?› •…Š‘‘Žǥ hospital, historical site, or public service property or facility.

Sign, Pylon means a freestanding sign –Šƒ– ‹• ’‡”Â?ƒÂ?‡Â?–Ž› ƒˆĎ?‹š‡† –‘ǥ ƒÂ?† Šƒ• ƒ– Ž‡ƒ•– ʹ͡ ’‡”…‡Â?– ‘ˆ the sign structure in contact with, the ground and in which the sign face is separated from ground level by means of one or more fully concealed supports (such as poles, pole covers, or columns).

Sign, Roof Line means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.

Sign, Roof means any sign or advertising device that is erected, constructed, or maintained, in whole or in part, upon or over the roof line and with principal structural support on the roof of a building or structure. ‹‰Â?ÇĄ ƒÂ?†™‹…Š ‘ƒ”† refers to a portable, non-illuminated sign consisting of two sign faces hinged at the top and separated at the bottom so that it is self-standing, which is for the purpose of directing attention to a business, commodity, service, or entertainment offered within a building on the site upon which the sign is located.

Sign, Scenic Area Â?‡ƒÂ?• ƒÂ?› ƒ”‡ƒ ‘ˆ ’ƒ”–‹…—Žƒ” •…‡Â?‹… „‡ƒ—–› ‘” Š‹•–‘”‹…ƒŽ •‹‰Â?‹Ď?‹…ƒÂ?…‡ǥ ĥ †‡–‡”Â?‹Â?‡† „› –Š‡ ÂˆÂ‡Â†Â‡Â”ÂƒÂŽÇĄ Â•Â–ÂƒÂ–Â‡ÇĄ ‘” Ž‘…ƒŽ ‘ˆĎ?‹…‹ƒŽ• Šƒ˜‹Â?‰ Œ—”‹•†‹…–‹‘Â? ‘ˆ –Š‡ ƒ”‡ƒǤ – ‹Â?…Ž—†‡• ”‡ƒŽ ’”‘’‡”–› interests that have been acquired for the restoration, preservation, and enhancement of scenic beauty (e.g., Loess Hills Scenic Byway).

Sign Structure means the supports, uprights, bracing, or framework of any building or structure exhibiting a sign. ‹‰Â?ÇĄ —„†‹˜‹•‹‘Â? Â?–”ƒÂ?…‡ means a freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development and denoting its entrance or exit.

Sign, Swinging means any sign installed on an arm or mast that is, by design, intended to allow the sign to swing due to wind action.

Sign, Temporary means any sign, banner, pennant, valance, or advertising device or display constructed of cloth, fabric, plastic, canvas, vinyl, cardboard, wallboard, plywood, paper, or other rigid or non-rigid materials, with or without frames, intended to be displayed for a limited period of –‹Â?‡Ǥ ‡Â?’‘”ƒ”› •‹‰Â?• ƒ”‡ Â?‘– ’‡”Â?ƒÂ?‡Â?–Ž› ƒˆĎ?‹š‡† –‘ •‹‰Â? •–”—…–—”‡•ǥ •–”—…–—”‡• ‘” „—‹Ž†‹Â?‰•Ǥ ‘Â?mon temporary signs include those for garage sales, rummage sales, open houses, etc. Other types of temporary signs that are regulated by this Code include, but are not limited to: 1. Interim Sign means temporary business advertising signs intended to provide signage in an interim period during which permanent signage is being fabricated, repaired, and/or prepared for installation or erection.

2. Grand Opening Sign means business advertising signs, bearing the words “Grand Opening,� or a similar message, to announce the opening of a new business.

3. Promotional Sign, Commercial means temporary business advertising signs intended to promote and attract attention to a commercial use, activity, or event for a limited number of activities or events in a calendar year.

4. Promotional Sign, Non-Commercial means an activity or event that does not, in any way, involve commerce, at least relative to similar activities that do have a commercial objective or emphasis. For example, advertising a free activity or event that is open to the general public, which Â?ƒ› „‡ Š‘•–‡† „› ƒ Â?‘Â?nj’”‘Ď?‹– ‘”‰ƒÂ?‹œƒ–‹‘Â? ‘” ƒ ÂˆÂ‘Â”ÇŚÂ’Â”Â‘Ď?‹– „—•‹Â?॥ –Šƒ– ‹• •–ƒˆˆ‡† ‘Â?Ž› „› ˜‘Ž—Â?teers and for which there is no sales or exchange of money or in-kind services is a non-commercial activity or event.

Sign, Time and Temperature means an electronic or computer-generated sign that displays only the time, temperature, and date.

Sign, Traveling Message refers to moving messages, animated messages, full-motion video, scrolling text messages, or any other type of segmented messages.

Sign, Tri-Face Device means an advertising device with three singular faces attached to one comÂ?‘Â? •–”—…–—”‡ ‹Â? ƒ –”‹ƒÂ?‰—Žƒ” …‘Â?Ď?‹‰—”ƒ–‹‘Â?Ǥ ‹‰Â?ÇĄ ‡Š‹…Ž‡nj ‘—Â?–‡† means any sign painted on, printed on, or attached to a vehicle relating to the business, activity, use, service, or product of the owner of the vehicle, or to sale of the vehicle and for which the sign is incidental to the primary use of the vehicle.

Sign, Wall means any sign that is mounted on, attached to, or painted or applied on the exterior wall of a building or structure in a plane that is parallel to and no more than 12 inches away from a supporting wall or structure. A wall sign is different from and does not include murals or similar works of art, or temporary signs that are applied to the interior or exterior surfaces of windows or glass doors. See also, parapet sign.

Sign, Window means any on premise business sign installed in or on a window and intended to be viewed from the outside.

Sign, Construction means a temporary, portable sign placed with the permission of the property owner on the site of new construction, reconstruction, or renovation during the period that work is being engaged in, which announces the use and acknowledges companies involved in the project.

Sign, Political means any temporary, portable sign announcing or supporting candidates or issues in connection with any national, state, or local election. ‹‰Â?ÇĄ ‡ƒŽ •–ƒ–‡ means any temporary, portable sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.

Sign, Snipe means any temporary sign or poster that is tacked, nailed, posted, pasted, glued, or ‘–Š‡”™‹•‡ ƒ––ƒ…Š‡† ‘ˆ ƒˆĎ?‹š‡† –‘ ƒ –”‡‡ǥ ˆ‡Â?…‡ǥ ’‘Ž‡ǥ •–ƒÂ?‡•ǥ ˆ‡Â?…‡ǥ ‘” ‘–Š‡” ‘„Œ‡…–Ǥ •Â?‹’‡ •‹‰Â? ‹• an illegal sign.

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Signable Area Â?‡ƒÂ?• –Šƒ– ’‘”–‹‘Â? ‘ˆ ƒ „—‹Ž†‹Â?‰ ˆƒ…ƒ†‡ ‘” ™‹Â?†‘™ –Šƒ– ‹• Ď?ÂŽÂƒÂ–ÇĄ ˆ”‡‡ ‘ˆ ƒ”…Š‹–‡…–—”ƒŽ details or projections, and available for the placement of a sign.

Signable Area Ratio means the sign face area divided by the signable area. It is expressed as a percentage.

Sill Â?‡ƒÂ?• ƒ Ď?Žƒ– Š‘”‹œ‘Â?–ƒŽ „‘––‘Â? ’‹‡…‡ ‘ˆ ƒ ™‹Â?†‘™ ‘” †‘‘”ǥ ‘ˆ–‡Â? ‘ˆ ™‘‘†ǥ „—– •‘Â?‡–‹Â?‡• ‘ˆ stone.

Single Family Attached means housing types with two or more dwelling units that are located in a single structure or attached structures: 1. Which are separated from each other by an un-penetrated dividing side wall (e.g., side-by-side duplexes and all types of townhomes); and/or ʹǤ Š‹…Š ƒ”‡ •‡’ƒ”ƒ–‡† „› ƒ Ď?Ž‘‘” ȋ‡Ǥ‰Ǥǥ Â‘Â˜Â‡Â”ÇŚÂ—Â?†‡” †—’Ž‡š‡• ƒÂ?† †—’Ž‡š –‘™Â?Š‘Â?Â‡Â•ČŒÇĄ „—– Šƒ˜‡ ‰”‘—Â?† Ď?Ž‘‘” ‡Â?–”ƒÂ?…‡• ˆ‘” ‡ƒ…Š —Â?‹–Ǥ Single Family Detached means a dwelling unit, designed for and occupied by not more than one ˆƒÂ?‹Ž› ƒÂ?† Šƒ˜‹Â?‰ Â?‘ Â”Â‘Â‘ÂˆÇĄ Â™ÂƒÂŽÂŽÇĄ ‘” Ď?Ž‘‘” ‹Â? …‘Â?Â?‘Â? ™‹–Š ƒÂ?› ‘–Š‡” †™‡ŽŽ‹Â?‰ —Â?‹–Ǥ &Ĺ?Ĺ?ĆľĆŒÄž ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ Site Plan means a plan or drawing showing the location of buildings, parking, or other elements that is used for the issuing of approvals other than subdivision plans or land developments. Site ’ŽƒÂ?• …‘˜‡” ƒ •‹Â?‰Ž‡ ŽƒÂ?† —•‡ ‹••—‡Ǥ Š‡ †”ƒ™‹Â?‰• •ŠƒŽŽ •Š‘™ •—ˆĎ?‹…‹‡Â?– †‡–ƒ‹Ž –‘ ‡Â?ƒ„Ž‡ –Š‡ †Â?‹Â?istrator to determine whether the standard requiring a site plan has been met. Â?ƒŽŽ ‹Â?† Â?‡”‰› ›•–‡Â? means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kilowatts (kW) and which is intended to primarily reduce on-site consumption of utilitysupplied electricity. ‘Žƒ” ……‡•• ƒ•‡Â?‡Â?– means a right expressed as an easement, covenant, condition, or other property interest in any deed or other instrument executed by or on behalf of and landowner, which protects the solar access of an actual, proposed, or designated solar energy collector at a described location by forbidding or limiting activities or land uses that interfere with access to solar energy.

Solar Array (also called “photovoltaic arraysâ€? or “PV arraysâ€?) means an array of solar cells that convert energy from sunlight directly to electricity. ’‡…‹Ď?‹‡† Â?ƒ–‘Â?‹…ƒŽ ”‡ƒ• means: 1. Less than completely and opaquely covered: a. Human genitals or pubic region; b. Human buttocks; c. Human female breasts below a point immediately above the top of the areola; and 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. ’‡…‹Ď?‹‡† ‡š—ƒŽ …–‹˜‹–‹‡• means activities that involve: 1. Human genitals in a state of sexual stimulation, arousal or swelling; ʹǤ …–• ‘ˆ Š—Â?ƒÂ? ƒÂ?‹Ž‹Â?‰—•ǥ Â„Â‡Â•Â–Â‹ÂƒÂŽÂ‹Â–Â›ÇĄ „—‰‰‡”›ǥ …—Â?Â?‹Ž‹Â?‰—•ǥ Â…Â‘Â’Â”Â‘Â’ÂŠÂƒÂ‰Â›ÇĄ Â…Â‘Â’Â”Â‘Â’ÂŠÂ‹ÂŽÂ‹ÂƒÇĄ ÂˆÂ‡ÂŽÂŽÂƒÂ–Â‹Â‘ÇĄ Ď?Žƒ‰ellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia or zooerasty; 3. Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast; and 4. Excretory functions as part of or in connection with any of the activities set forth in Items (1) through (3) of this subsection.

State means the State of Iowa.

Salvage Facility and Yard means the dismantling or disassembling of motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.

Stacking Space means a temporary waiting area for motor vehicles obtaining a service or other activity.

Stoop means the uncovered wide step leading into the front or main door of a building.

Storage Yard means any site, or portion of a site, that is used for to store new equipment and/or construction materials for the purpose of future use or sale. If a storage yard is located on the same site as another established use, the storage yard area shall be considered a separate freestanding primary use, even if it serves all or a portion of the other established use.

Street, Arterial means a street that serves, or is designed to serve, as a connection between uses ™Š‹…Š ‰‡Â?‡”ƒ–‡ Š‡ƒ˜› –”ƒˆĎ?‹… ˜‘Ž—Â?‡• ‘” „‡–™‡‡Â? ‘–Š‡” ƒ”–‡”‹ƒŽ •–”‡‡–•Ǥ Street, Collector means a street that serves or is designed to serve as the connection from local streets to arterial streets, such as the main entrance street of a residential development. Collector streets may also serve as a secondary connection between arterial streets.

Street, Cul-de-Sac Â?‡ƒÂ?• ƒ •Š‘”– ’—„Ž‹… ™ƒ› –Šƒ– Šƒ• ‘Â?Ž› ‘Â?‡ ‘—–Ž‡– ˆ‘” ˜‡Š‹…—Žƒ” –”ƒˆĎ?‹… ƒÂ?† –‡”minates in a vehicular turn-around.

Street, Local means a street that is designed and constructed to provide access to individual lots.

Street Right-of-Way means the area of right-of-way that includes an existing or future public street, which may be represented on a plat, deed, or other conveyance, or acquired by prescription. The street right-of-way may also include areas for sidewalks, utilities, parkways, medians, and drainage.

Structure Â?‡ƒÂ?• ƒÂ?›–Š‹Â?‰ …‘Â?•–”—…–‡† ‘” ‡”‡…–‡† ™‹–Š ƒ Ď?‹š‡† Ž‘…ƒ–‹‘Â? ‘Â? –Š‡ ‰”‘—Â?† ‘” ƒ––ƒ…Š‡† ‘” ”‡•–‹Â?‰ ‘Â? •‘Â?‡–Š‹Â?‰ Šƒ˜‹Â?‰ ƒ Ď?‹š‡† Ž‘…ƒ–‹‘Â? ‘Â? –Š‡ ‰”‘—Â?†Ǥ Â‘Â”Â‡Â‘Â˜Â‡Â”ÇĄ –Š‡ ˆ‘ŽŽ‘™‹Â?‰ •ŠƒŽŽ ƒŽ™ƒ›• be considered structures: 1. Buildings; 2. Walls; 3. Fences; 4. Signs; 5. Billboards; and 6. Storage tanks.

Structure, Temporary means a structure –Šƒ– ‹• †‡•‹‰Â?‡† –‘ „‡ ”‡’‡ƒ–‡†Ž› ‡”‡…–‡† ‘” ‹Â?Ď?Žƒ–‡† ȋ–‡Â?–• ƒÂ?† ‹Â?Ď?Žƒ–ƒ„Ž‡ Â•Â–Â”Â—Â…Â–Â—Â”Â‡Â•ČŒ ‘” buildings that are picked up and moved.

Structural Alterations is any change in the supporting members of a building, such as bearing Â™ÂƒÂŽÂŽÂ•ÇĄ …‘Ž—Â?Â?•ǥ „‡ƒÂ?• ‘” ‰‹”†‡”• ƒÂ?† Ď?Ž‘‘” ÂŒÂ‘Â‹Â•Â–Â•ÇĄ …‡‹Ž‹Â?‰ ÂŒÂ‘Â‹Â•Â–Â•ÇĄ ”‘‘ˆ Â”ÂƒÂˆÂ–Â‡Â”Â•ÇĄ ‘” •–ƒ‹”™ƒ›•Ǥ Stucco means a thin coating of plaster applied over exterior walls.

Subdivision means the division or re-division of a lot, tract, or parcel of land, by any means, including by means of a plan or a description by metes and bounds, into two or more lots, tracts, parcels, or other divisions of land, for the purpose, whether immediate or future, of lease, of the transfer of ownership, or of building development.

Substandard Lot means a lot of record that is not in the best interests of public health, safety, and welfare by reason of one or more of the following characteristics: 1. The lot is of a size, in square feet or by individual dimension, that is inadequate to provide for reasonable building setbacks for the purpose of providing adequate light and air, and also adequate •‡’ƒ”ƒ–‹‘Â? ˆ‘” Ď?‹”‡ ’”‘–‡…–‹‘Â? ’—”’‘•‡•Ǣ 2. The lot is of a size, shape, or dimension that is inadequate to meet an adequate minimum home size and accommodate on-site parking thereby placing a burden of the public right-of-way for on•–”‡‡– ’ƒ”Â?‹Â?‰ǥ ™Š‹…Š Â?ƒ› ‹Â?’‡†‡ –”ƒˆĎ?‹… Ď?Ž‘™ ƒÂ?†Ȁ‘” …”‡ƒ–‡ –”ƒˆĎ?‹… ÂŠÂƒÂœÂƒÂ”Â†Â•Ç˘ ‘” 3. The dwelling unit does not meet the minimum size standards that are set out by the U.S. Department of Housing and Urban Development (HUD), which require that the size of a dwelling unit may be no smaller than: a. 570 square feet in size, if the unit is designed for a family of one to four persons; „Ǥ ͺ͡Ͳ •“—ƒ”‡ ˆ‡‡– ‹Â? Â•Â‹ÂœÂ‡ÇĄ ‹ˆ –Š‡ —Â?‹– ‹• †‡•‹‰Â?‡† ˆ‘” ƒ ˆƒÂ?‹Ž› ‘ˆ „‡–™‡‡Â? Ď?‹˜‡ ƒÂ?† •‡˜‡Â? persons; and c. 1,020 square feet in size if the unit is designed for a family of eight or more persons.

Substantial Conformity means that a planned development site plan shall not be deemed in conformity with an approved development concept plan if it: ͳǤ ‡’ƒ”–• ˆ”‘Â? –Š‡ ”ƒÂ?‰‡• •’‡…‹Ď?‹‡† ‹Â? –Š‡ ÂƒÂ’Â’Â”Â‘Â˜ÂƒÂŽÇ˘ 2. Relocates approved circulation elements to any extent that would decrease their functionality, adversely affect their relation to surrounding lands and circulation elements, or reduce their effectiveness as buffers or amenities; ;Ǥ ‹‰Â?‹Ď?‹…ƒÂ?–Ž› ƒŽ–‡”• –Š‡ ƒ””ƒÂ?‰‡Â?‡Â?– ‘ˆ ŽƒÂ?† —•‡• ™‹–Š‹Â? –Š‡ †‡˜‡Ž‘’Â?‡Â?– ‘” •‹‰Â?‹Ď?‹…ƒÂ?–Ž› ƒŽ–‡”• stormwater retention and retardation facilities within the development, or the location, manner, or velocity of the discharge of stormwater from the development and into a system; ͜Ǥ ‹‰Â?‹Ď?‹…ƒÂ?–Ž› ƒŽ–‡”• –Š‡ …‘Â?–‡Â?– ‘ˆ –‹Â?‹Â?‰ ‘ˆ –Š‡ ’Šƒ•‹Â?‰ ’ŽƒÂ?Ǣ 5. Violates any provision of this Code or other City ordinances that are applicable to the proposed development; or 6. Departs from the development concept plan in any other manner which the City Council shall, „ƒ•‡† ‘Â? •–ƒ–‡† Ď?‹Â?†‹Â?‰• ƒÂ?† …‘Â?…Ž—•‹‘Â?•ǥ Ď?‹Â?† –‘ Â?ƒ–‡”‹ƒŽŽ› ƒŽ–‡” –Š‡ ’ŽƒÂ? ‘” …‘Â?…‡’– ˆ‘” –Š‡ ’”‘posed development.

Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, beˆ‘”‡ –Š‡ †ƒÂ?ƒ‰‡ ‘……—””‡†Ǥ ‘” –Š‡ ’—”’‘•‡• ‘ˆ –Š‹• †‡Ď?‹Â?‹–‹‘Â?ÇĄ •—„•–ƒÂ?–‹ƒŽ ‹Â?’”‘˜‡Â?‡Â?– ‹• …‘Â?•‹†‡”‡† –‘ ‘……—” ™Š‡Â? –Š‡ Ď?‹”•– ƒŽ–‡”ƒ–‹‘Â? ‘ˆ ƒÂ?› Â™ÂƒÂŽÂŽÇĄ …‡‹Ž‹Â?‰ǥ Ď?Ž‘‘”ǥ ‘” ‘–Š‡” •–”—…–—”ƒŽ ’ƒ”– ‘ˆ –Š‡ building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state ‘” Ž‘…ƒŽ ÂŠÂ‡ÂƒÂŽÂ–ÂŠÇĄ •ƒÂ?Â‹Â–ÂƒÂ”Â›ÇĄ ‘” •ƒˆ‡–› …‘†‡ •’‡…‹Ď?‹…ƒ–‹‘Â?•ǥ ™Š‹…Š ƒ”‡ •‘Ž‡Ž› necessary to ensure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Surety Â?‡ƒÂ?• ƒ ˆ‘”Â?ƒŽ ‡Â?‰ƒ‰‡Â?‡Â?– Č‹ÂƒÂ• ƒ ’Ž‡†‰‡ ‘” ‰—ƒ”ƒÂ?Â–Â‡Â‡ČŒ ‰‹˜‡Â? ˆ‘” –Š‡ ˆ—ŽĎ?‹ŽŽÂ?‡Â?– ‘ˆ ƒÂ? —Â?dertaking.

porarily stored, and then shipped in bulk to other locations for processing.

Wholesale means an establishment that is primarily engaged in selling and / or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers. The term “wholesale� does not include wholesale membership clubs that offer memberships to the general public.

Wholesale Greenhouse or Nursery means an agricultural operation in which plants are grown inside of greenhouses and the plants or plant products (e.g., fruit, stalks, leaves, roots, and / or seeds) are then sold wholesale.

Wireless Telecommunication Tower means radio or television broadcasting towers, telecommunications towers, and antenna arrays. The phrase does not include residential satellite dishes, TV or HDTV antennae, or amateur radio antennae.

Woodland means an ecosystem characterized by a more or less dense and extensive tree cover.

More particularly, a plant community predominantly of healthy trees and other woody vegetation, well-stocked and growing more or less closely together.

Work Live means a building or portion of a building that is used as a workspace and a dwelling unit, where the residential use of the space is secondary or accessory to the primary use as a place of work.

X Xeriscape means landscaping characterized by the use of vegetation that is drought-tolerant or of low water use in character.

Y Yard means an at-grade area of a lot that is not improved with, as follows: 1. Generally, a yard is the area between the lot line and the portion of the principal building that is closest to the lot line; and 2. A required yard is the area between the lot line and the required setback in relation to that lot line.

Yard, Front means an area that extends across the full width of the lot between the front lot line and the required front setback line.

Yard, Interior Side means a yard that extends from the front setback line to the rear setback line, between the interior side lot line and the interior side setback line.

Yard, Rear means a yard extending the full width of the lot between the rear lot line and the rear setback line. For a corner lot, the rear yard does not extend beyond the side street (arterial, collector) setback line.

Yard, Side Street means a yard extending from the front setback line to the rear lot line, located between the side street lot line and the side street (arterial, collector) setback line.

Z Zero Lot Line means a dwelling type consisting of a single family, detached residence located on an individual lot with only one side yard. No windows are permitted on the zero lot line wall of the house unless permitted by Section 25.02.160, Residential and Commercial Uses of the Home Standards. The zero lot line by be achieved by: 1. Placing the house on a side lot line and providing a maintenance easement six feet wide on the adjoining lot; or 2. Locating the house so as to provide two side yards, one of which shall be a six foot side yard with a use easement for the neighboring property.

Zoning District Â?‡ƒÂ?• ƒ †‡•‹‰Â?ƒ–‹‘Â? •Š‘™Â? ‘Â? –Š‡ ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ ƒ’ ĥ „‡‹Â?‰ ƒ †‹•–”‹…– ‡Â?—Â?‡”ated in Chapter 25.02, Zoning Districts and Land UsesÇĄ ‹Â? ™Š‹…Š ƒ •’‡…‹Ď?‹… •‡– ‘ˆ œ‘Â?‹Â?‰ •–ƒÂ?†ƒ”†• apply.

Zoning Map means the ˆĎ?‹…‹ƒŽ ‘Â?‹Â?‰ ƒ’ of the City of Sioux City, Iowa, which incorporated into this Zoning and Sign Code by operation of Section 25.02.030, ÂˆĎ”Â‹Â…Â‹ÂƒÂŽ ‘Â?‹Â?‰ ƒ’, and which shows the location and boundaries of the zoning districts established by this Zoning and Sign Code.

APPENDIX APPENDIX A - PLANT LIST 1. Generally. The following table sets out the approved types of trees and shrubs that may be used in landscape areas within the City.

2. Approved Trees and Shrubs. Set out in Table A, Approved Trees and Shrubs, are the trees and shrubs that may be used to satisfy the landscaping requirements of Subchapter 25.05-B, Landscaping and Buffering.

T Tandem Parking ÇŚ ‡‡ –Š‡ †‡Ď?‹Â?‹–‹‘Â? ˆ‘” Parking, Tandem.

Temporary Use Â?‡ƒÂ?• ƒ —•‡ –Šƒ– ‹• ‡•–ƒ„Ž‹•Š‡† ˆ‘” ƒ Ď?‹š‡† ’‡”‹‘† ‘ˆ –‹Â?‡ ™‹–Š –Š‡ ‹Â?–‡Â?– –‘ †‹•…‘Â?tinue such use upon the expiration of such time.

Tower means a tall structure, either square or round in shape, rising higher than the rest of the building.

Tower Height Â?‡ƒÂ?• –Š‡ Š‡‹‰Š– ƒ„‘˜‡ ‰”ƒ†‡ ‘ˆ –Š‡ Ď?‹š‡† ’‘”–‹‘Â? ‘ˆ –Š‡ –‘™‡”ǥ ‡š…Ž—†‹Â?‰ –Š‡ ™‹Â?† turbine itself.

Townhome means a single family attached dwelling with three to eight units, with each single unit going from ground to roof and with individual outside access. &Ĺ?Ĺ?ĆľĆŒÄž ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ Traditional Neighborhood Development (TND) means development that consists of a variety of residential lot sizes and more than one housing type, along with neighborhood supportive nonresidential development, designed to give equal or greater dignity to the pedestrian compared to the automobile. ”ƒˆĎ?‹… ‘Â?–”‘Ž ‡˜‹…‡ means all signs, signals, markings, and devices placed or erected by au–Š‘”‹–› ‘ˆ ƒ ’—„Ž‹… „‘†› ‘” ‘ˆĎ?‹…‹ƒŽ Šƒ˜‹Â?‰ Œ—”‹•†‹…–‹‘Â?ÇĄ ˆ‘” –Š‡ ’—”’‘•‡• ‘ˆ ”‡‰—Žƒ–‹Â?‰ǥ ™ƒ”Â?‹Â?‰ǥ ‘” ‰—‹†‹Â?‰ –”ƒˆĎ?‹…ǥ ‹Â?…Ž—†‹Â?‰ •‹‰Â?• †‡Â?‘–‹Â?‰ Â?ƒÂ?‡• ‘ˆ •–”‡‡–• ƒÂ?† Š‹‰Š™ƒ›•Ǥ Transitional Service Facility means a facility an authorized and licensed residence operated by a public or private agency duly authorized and licensed by the Iowa Department of Social Services or any other State agency having authority to license and approve such facilities and which houses individuals other than handicapped persons, deemed by the agency to be capable of living and in the community, being cared for by the agency and receiving continuous professional guidance.

Transportation Demand Management (TDM) means programs, plans, and/or improvements designed to change individual travel behavior to encourage greater use of alternative modes of transportation, reduce single-occupancy vehicles, and reduce parking demand. Such programs typically include (but are not limited to) one or more of the following elements: 1. Vanpools, shuttles, and / or ride-share programs; ʹǤ ‘Â?’”‡••‡† ™‘”Â? ™‡‡Â?•ǥ Ď?Ž‡šnj–‹Â?‡ǥ ƒÂ?† Č€ ‘” •–ƒ‰‰‡”‡† ™‘”Â? Š‘—”•Ǣ 3. Free or subsidized public transit passes; 4. Incentive programs for walking or bicycling to work; 5. Shower and locker facilities for pedestrian and bicycle commuters; and 6. Telecommuting.

Tree Â?‡ƒÂ?• ƒ ’ŽƒÂ?– Šƒ˜‹Â?‰ ƒ– Ž‡ƒ•– ‘Â?‡ ™‡ŽŽnj†‡Ď?‹Â?‡† •–‡Â? ‘” –”—Â?Â? ƒÂ?† Â?‘”Â?ƒŽŽ› ƒ––ƒ‹Â?‹Â?‰ ƒ Â?ƒ–—”‡ height of at least 15 feet, with an average mature spread of 15 feet. ”‡‡ǥ ˜‡”‰”‡‡Â? means a plant species with foliage that persists and remains green year round.

Tree, Large means any self-supporting woody plant of a species that normally achieves an overall height at maturity of 30 feet or more.

Truckload Sale means the sale of various goods outdoors by persons who are not employed by the owners or managers of the parcel on which the sale occurs, or tenants of buildings on the parcel on which the sale occurs.

Truck Stop means an establishment that is engaged primarily in the fueling, servicing, repair, or parking of tractor trucks or similar heavy commercial vehicles, and which may include the sale of accessories and equipment for such vehicles.

Turret means a small tower at the corner of a building.

Twin Home means a building designed as a single structure, containing two separate living on individually platted lots, each of which is designed to be occupied as a separate permanent residence for one family. Each unit is total separated from the other by an unpierced wall extending from the ground to the roof. &Ĺ?Ĺ?ĆľĆŒÄž ŽŜ ÄŽĹŻÄž Ĺ?Ĺś ƚŚĞ WůĂŜŜĹ?ĹśĹ? Ĺ?Ç€Ĺ?Ć?Ĺ?ŽŜ KĸÄ?Ğ͕ ZŽŽž ĎŻĎŹĎ´Í• Ĺ?ƚLJ ,Ä‚ĹŻĹŻ U Urban Renewal Plan means a development plan oriented around a governmental program generally aimed at the renovation of blighted urban areas, using public expenditures for replacing lesser ‡…‘Â?‘Â?‹… —•‡• ™‹–Š Š‹‰Š‡” ƒÂ?† Ž‡•• ’”‘Ď?‹–ƒ„Ž‡ —•‡•Ǥ Urban Renewal means the preservation or restoration to productive use of buildings or improveÂ?‡Â?–•ǥ ™Š‹…Š „› ”‡ƒ•‘Â? ‘ˆ ÂƒÂ‰Â‡ÇĄ Š‹•–‘”›ǥ ƒ”…Š‹–‡…–—”‡ ‘” •‹‰Â?‹Ď?‹…ƒÂ?…‡ ™‹ŽŽ „‡ †‡–”‹Â?‡Â?–ƒŽ –‘ –Š‡ ’—„Ž‹… health, safety, or welfare if not improved.

Urgent Care means an establishment that provides unscheduled, ambulatory walk-in care outside of a hospital emergency room.

Use, Principal means the primary or predominant use of any lot, building, or structure.

Utility means a commodity or service which is of public consequence and need such as electricity, gas, sewer, water, transportation, television cables, or telephone service.

V ƒ”‹ƒÂ?…‡ Â?‡ƒÂ?• ƒ Â?‘†‹Ď?‹…ƒ–‹‘Â? ˆ”‘Â? –Š‡ ’”‘˜‹•‹‘Â?• ‘ˆ –Š‹• ‘†‡ ‹Â? …ƒ•‡• ™Š‡Â? –Š‡ ‡Â?ˆ‘”…‡Â?‡Â?– ‘ˆ its provisions would result in unnecessary hardship. ‡–‡”‹Â?ƒ”› Ž‹Â?‹…ǥ ƒ”‰‡ Â?‹Â?ƒŽ means an animal hospital or clinic that provides services for horses and other livestock. t Warehousing/Distribution means a facility where goods are received from heavy trucks and then stored for subsequent delivery to off-site wholesalers, retailers, or consumers.

Waste Transfer Station means the use of land or a facility, regardless of name or title, to unload solid waste from vehicles, and, with or without intermediate processing such as compaction, sorting, or shredding, subsequently re-load the waste onto other vehicles for delivery to another transfer site, storage site, or disposal site. In addition to transferring solid waste, a waste transfer station may also include facilities for drop-off of recyclable materials (e.g., waste paper, motor oil, scrap metal, polystyrene foam, porcelain, batteries, electronic components, textiles, plastics, discarded shoes, cardboard, and other discarded household materials), where the materials are sorted, tem-

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