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Editor's Note: Appendix B of the Primghar Municipal Code was adopted and published in accordance with Iowa Law, and inclusion in the Code follows the format in place at the time of adoption and publication, although the style of headings and numerical references vary somewhat from the rest of the Code.

APPENDIX B

2004 Municipal Zoning Ordinance

Prepared by
Primghar Planning and Zoning Commission
160 South Hayes Avenue
Primghar, Iowa 51245

City of Primghar, Iowa

APPENDIX B - Municipal Zoning Ordinance

MUNICIPAL ZONING ORDINANCE

ARTICLE I: TITLE, PURPOSE, NATURE, AUTHORITY AND DEFINITIONS

Section 1.00. TITLE: This Ordinance shall be known as and may be referred to and cited as the "Zoning Ordinance of the City of Primghar, Iowa"

Section 1.01. PURPOSE: The various use districts, which are created by this Ordinance and the various articles and sections of this Ordinance are adopted for the purpose among others of:

Carry out the Comprehensive Plan for the City of Primghar, Iowa;

Promoting the public health, safety, morals, comfort, general welfare, and preserving the natural, scenic and historically significant areas of the City;

Helping to achieve greater efficiency and economy of land development by promoting the grouping of those activities which have similar needs and are compatible;

Encouraging such distribution of population, classification of land use, and distribution of land development throughout the City that will tend to facilitate adequate and economic provision of transportation, communication, water supply, drainage, sanitation, education, recreation, and other public requirements;

Lessening or avoiding congestion in public streets and highways;

Protecting against fire, explosion, noxious fumes, flood, panic, and other dangers in the interest of public health, safety, comfort, and general welfare;

Helping to insure that all residential, commercial, and manufacturing structures as well as other types of structures will be accessible to fire fighting and other emergency equipment;

Prohibit the formation or expression of nonconforming uses of land, buildings, and structures which are adversely affecting the character and value of desirable development in each district; Promoting the development of residential neighborhoods, which are free of noise, dust, fumes and heavy traffic volumes in which each dwelling is assured of light, air, and open spaces;

Helping to prevent land development activities which lead to roadside blight, and to minimize the effect of nuisance producing activities;

Promoting and guiding the continued growth and expansion of the City while protecting the natural, economic, historic and scenic resources of the City;

Conserving the taxable value of the land and buildings throughout the City:

Defining the powers and duties of the zoning administrators/building inspectors;

Section 1.02 NATURE

This Ordinance classifies and regulates the use of land, buildings, and structure within the corporate limits of the City of Primghar, Iowa, and hereafter set forth. The regulations contained herein are necessary to promote the health, safety, convenience, morals and welfare of the inhabitants, and to preserve the natural, scenic, and historically significant areas of the City by dividing the City into zoning districts and regulating therein the use of the land and the use and size of the buildings as to height and number of stories, the coverage of the land by buildings, the size of yards and open spaces, the location of buildings, and the density of population.

Section 1.03 AUTHORITY

This Ordinance, in pursuance of the authority granted by the Revised Statues of the State of Iowa, Chapter 414, Section 1, shall be known and cited as the "Zoning Ordinance of the City of Primghar, Iowa".

Section 1.04 DEFINITIONS

For the purpose of this Ordinance and in order to carry out the provisions contained herein, certain words, terms, phrases, and illustrations are to be interpreted and defined herein.

Words used in the tense shall include the future tense; the singular number includes the plural, and the plural number includes the singular. The word "lot" includes the word "plot" or "parcel" and the word "building" includes "structure". The word "shall" is mandatory, and the word "may" is permissive. The following wards, terms, and phrases are hereby defined as follows and shall be interpreted as such throughout these regulations. Terms not herein defined shall have the meaning customary assigned to them.

1.04.01 Accessory building or use. An "accessory building or use is a building or use on the same lot with and of a nature customarily incidental and subordinate to the principal building or use.

1.04.02 Acquisition Plot. "Acquisition Plot" means the graphical representation of land or rights in land, created as the result of a conveyance or condemnation for right-of-way purposes by an agency of the government or other persons having the power of eminent domain.

1.04.03 Aliquot Part. "Aliquot Part" means a fractional parts one-half, one- quarter, one-half of one-quarter, or one-quarter of one-quarter shall be considered an aliquot part of a section.

1.04.04 Alley. A public way, other than a street, twenty (20) feet or less in width affording secondary means of access to abutting or use.

1.04.05 Alteration, structural. "Structural alteration" means any change in the supporting members of a building such as bearing walls, partitions, 1.04.0 columns, beams or girders. The enlargement of the size or height of a building shall be construed to a structural alteration.

1.04.06 Apartments. "Apartment" means a room or suite of rooms used as the dwelling of a family, including bath and culinary accommodations, located in a building in which there are three (3) or more such rooms or suites.

1.04.07Attic. "Attic" means a space under a gable, hip or gambrel or other roof, the finished floor of which is or would be at or entirely above the level of the wall plates of at least two exterior walls and the height of which, from the floor level to the highest point of the roof, does not exceed ten (10) feet.

1.04.08 Auditor's Plat. "Auditor's plot means a subdivision plat required by either the Auditor or the Assessor, prepared by a surveyor under the direction of the auditor.

1.04.09 Auto/Car Wash. An "Auto/Car Wash" is a building, or portion thereof, containing facilities for washing more than one (1) automobile, using production line methods with a chain conveyer, blower, steam cleaning device, or other mechanical devises, or providing space, water, equipment, or soap for the complete or partial hand-washing of such automobiles, whether by operator or by a customer.

1.04.10 Automobile Service Station. An "automobile service station" is any building, structure or land used for the dispensing, sale, or offering for sale at retail of any vehicular fuels, oils, or accessories and in connection with which is preformed general vehicular servicing and automotive repairs.

1.04.11Basement. "Basement" means a story partly underground but having at least one-half of its height above the level of the curb level, and also one-half of its height above the highest level of the adjoining ground. A basement shall be counted as a story under the provisions of this chapter.

1.04.12 Block. "Block" means an area of land within a subdivision that is entirely bound by streets, railroad rights-of-way, rivers, tracts of public land, or the boundary of the subdivision.

1.04.13 Billboard. A "billboard" is a type of sigh having more than one hundred (100) square feet of display surface, which is either erected on the ground or attached to or supported by a building or structure.

1.04.14 Block Frontage. "Block frontage" means the frontage of lots facing the street under consideration, which are comprised between two adjacent streets or between a street and the adjacent corporation line.

1.04.15 Boarding, Rooming and Lodging House. "Boarding rooming and lodging house" means a building other than a hotel where, for compensation and by arrangement, meals, lodging, or lodging and meals are provided for three (3) or more persons not members of the family there residing.

1.04.16 Building. "Building " means a structure having a roof supported by columns or walls for shelter, support or enclosure of persons, animals or chattels. When separated by division walls from the ground up without openings, such portions of such structure shall be deemed a separate building.

1.04.17 Building, accessory. "Accessory building" means any building which is subordinate to the main building on the lot not attached thereto and used for purposes customarily incidental to those of the main building. Private garages are accessory buildings.

1.04.18 Building, Height of. "Height of building" means the perpendicular distance measured in a straight line from the curb level to the highest point of the roof beams in the case of flat roofs and to the average of the height of the roof in case of pitched roofs, the measurement in all cases to be taken through the center of the front of the building. Where a building is situated on the ground above the curb level, such height shall be measured from the level of the adjoining ground; provided the distance from the building to the street line is not less that the height of the adjoining ground above the curb level. Where the building is on a corner lot and there is more than one grade or level, the measurement shall be taken from the main entrance elevation.

1.04.19 Building Length. "Building length" means greatest horizontal distance measurable between the exterior walls of the building. Building length will usually be measured between the wall facing the building's front lot line and the wall facing the rear of the lot line.

1.04.20 Building Wall. "Building wall" means the wall of the principal building forming a part of the main structure. The foundation walls of unenclosed porches or piazzas, steps, walks and retaining wall or similar structures shall not be considered as building walls under the provisions of this chapter.

1.04.21 Building Width. "Building width" means the greatest horizontal distance measurable between exterior walls of a building as measured at right angles from the building length. Building width will usually be measured between the walls facing side lot lines.

1.04.22 Carport. A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three (3) sides. For the purpose of this ordinance a carport attached to a principal building shall be considered a part of the principal building and subject to all requirements therein.

1.04.23 Cellar. "Cellar" means a story having more than one-half of its height below curb level or below the highest level of the adjoining ground. A cellar shall not be considered as a story for the purpose of this chapter.

1.04.24 Child Care Center. A "child care center" is any place, home, or institution which receives four (4) or more children under the age of sixteen (16) years, not of common parentage, for care apart from their natural parents, legal guardians, or custodians, when received for periods of time for compensation.

1.04.25 City Engineer. "City Engineer" means the professional registered in the State of Iowa designated as City Engineer by the Governing Body or hiring authority.

1.04.26 Clinic. A building or buildings used by physicians, dentists, veterinarians, osteopaths, chiropractors, and allied professions for outpatient care of persons requiring such professional services.

1.04.27 Comprehensive Plan. "Comprehensive Plan" means the general plan for the development of the community, that may be titled master plan, comprehensive plan or other title, which plan has been adopted by the Governing Body. Such "Comprehensive Plan" shall include any part of such plan separately adopted, and any amendments to such plan or parts thereof.

1.04.28 Consignment and Auction Sales Operation. "Consignment and auction sales operation" means a business, which on an ongoing basis stores and sells personal property to the public indoors.

1.04.29 Conveyance. "Conveyance" means an instrument filed with a Recorder as evidence of the transfer of title to land, including any form of deed or Contract.

1.04.30 Court. "Court" means all open, unoccupied space on the same lot and fully enclosed or at least three adjacent sides by walls of the building. An outer court is any court facing for its full required width on a street, or on any other required open space not a court.

1.04.31 Cul-de-Sac. "Cul-de-Sac" means a street having one end connecting to another street, and the other end terminated by a vehicular turn around.

1.04.32 Curb Level. "Curb level" means the level of the curb or the established curb grade in front of the lot or building.

1.04.33 Convenience Store. A convenience store is any building, structure or land used for the dispensing, sales or offering for sale at retail of any vehicular fuels, oils, accessories, food, groceries, sundries, etc. The building may have seating for consumption of food and drink on premises.

1.04.34 Developmentally Disabled. A disability of a person, which has continued or can be expected to continue indefinitely and which is one of the following:

Attributable to mental retardation, cerebral palsy, epilepsy, or Autism.

Attributable to any other condition found to be closely related to mental retardation.

Attributable to dyslexia resulting from a disability.

Attributable to a mental or nervous disorder.

1.04.35 Division "Division" means dividing a tract of land into two (2) parcels of land by conveyance or for tax purposes. The conveyance of an easement, other than public highway easement. Shall not be considered a division for the purpose of this chapter.

1.04.36 Drive-in Restaurant or Refreshment Stand. A "drive-in restaurant or refreshment stand" is any place or premises principally used for the sale, dispensing, or serving of food, refreshment, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on or off the premise.

1.04.37 Driveway. A private roadway, providing access for vehicles to a parking Space, garage, dwelling or other structure.

1.04.38 Dwelling. A "dwelling" is any building or structure (or portion thereof) designed or adapted to serve as a place of abode for one (1) or more persons, or one (1) or more households. In this ordinance the term "dwelling" and "residence" shall have the same meaning.

1.04.39 Dwelling, Single Family. "Single-family dwelling" means a detached building arranged, designed or intended to be occupied as the residence of a single family and having no party wall in common with an adjacent house or houses.

1.04.40 Dwelling, Condominium. A multiple dwelling as defined herein whereby The title to each dwelling is held in separate ownership, and the real estate on which the units are located is held in common ownership solely by the owners of the units with each owner having an undivided interest in the common real estate.

1.04.41 Dwelling, Row. Any one of three (3) or more attached dwellings in a continuous row, each dwelling designed and erected as a unit on a separate lot and separated from one another by an approved wall or walls. Also referred to as a "townhouse".

1.04.42 Dwelling, Unit. A "dwelling unit" is a dwelling which consists of one (1) or more rooms which are arranged, designed, or used as living quarters for one (1) family or household only. Ordinarily a dwelling unit will include accommodations for sleeping, for eating, for preparing and storing food, for bathing , and for other necessary life activities, and will be a location where such life activities may be expected to occur.

1.04.43 Dwelling, Single-family. A "single-family dwelling" containing one (1) dwelling unit, designed or adapted for occupancy by not more than one (1) family or household.

1.04.44 Dwelling, Two-family. A " two-family dwelling" is a detached residential building containing two (2) dwelling units, designed for occupancy by Bow more than two (2) families or households, with separate housekeeping and cooking facilities for each.

1.04.45 Dwelling. Multiple- family. A "multiple- family dwelling " is a Residential building designed for occupancy by three (3) or more families or households, with separate housekeeping and cooking facilities for each.

1.04.46 Dwelling, Detached. A dwelling, which is not attached to any other dwelling by any means. The detached dwelling does not have any roof, wall, or floor in common with any other dwelling unit.

1.04.47 Easement. A grant of one (1) or more of the property rights by the property owner to and or for the use by the public, a corporation or another person or entity.

1.04.48Economic Base. The production, distribution and consumption of goods and services within a planning area.

1.04.49 Egress. An exit.

1.04.50 Eminent Domain. The authority of government to take, or to authorize the taking of private property for public use for just compensation.

1.04.51 Environmental Impact Statement (EIS). A statement on the effect of development proposals and other major activities, which significantly effect the environment.

1.04.52 Essential Service. "Essential services" are the erection, alteration, or Maintenance, by public utilities, municipal or other government agencies, Of underground or overhead gas, electrical, steam or water transmission or distribution system, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and similar equipment and accessories in connection therewith which may be reasonably necessary for furnishing of adequate service by such public utilities or municipal or other government agencies for the public health, safety, or general welfare, but not including buildings.

1.04.53 Family. "Family" means a group of individuals living and cooking together on the premises as one housekeeping unit, but a family shall not include a group of more than five (5) individuals not related by blood or marriage.

1.04.54 Family Home. A community based residential home which is licensed as a residential care facility under Chapter 135C of the Code of Iowa or as a child foster facility under Chapter 237 of the Code of Iowa to provide room and board care, habilitation services, and supervision in a family environment exclusively for not more than eight (8) developmentally disabled persons and any necessary support personnel, A "family home" does not mean an individual foster care family as licensed under Chapter 237 of the Code of Iowa.

1.04.55 Farm or Farmland. A parcel of land used for agricultural purposes and the growing and production of all agricultural products therein, and their storage on the area, or for the raising livestock.

1.04.56 Farm Animals. The production, keeping or maintenance for sale, lease or personal use of animals useful to humans, including but not limited to: dairy animals, poultry, livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals: bees, fish, and fur animals but not including rabbits kept as pets.

1.04.57 Feasibility Study. An analysis of a specific project or program to determine if it can be successfully carried out.

1.04.19Feedlot. Any parcel of land or premises on which the principal use is the concentrated feeding within a confined area of cattle, hogs, sheep, or poultry. The term does not include areas which are used for the raising of crops or other vegetation, and upon which livestock are allowed to graze or feed.

1.04.58 Fence, Residential. A barrier and/or structure erected in an "R" District intended to provide security, mark a boundary, or as a means of landscaping with the centerline of said barrier to be located inside the designated property line. Such fence shall be constructed of material commonly used for landscape fencing such as masonry block, lumber chain link, but shall not include corrugated sheet metal, barb wire or salvage material.

1.04.59 Fence, Non-residential. A barrier and/or structure in a district other than an "R" District intended to provide security, mark a boundary or means of landscaping with the centerline of said barrier located inside the designated property line providing no such fence is constructed of salvaged material or uses of barbed wire closer than six (6) feet to the ground except a fence used purely for agricultural purposes.

1.04.60 Flag Lot. A "flag lot is a lot not fronting on or abutting a public road and where access to public road is by a narrow, private right-of-way.

1.04.61 Flood. The temporary overflowing of water onto land, which is usually devoid of surface water.

1.04.62 Flood Hazard Area. "Flood Hazard area" means any area on the edge of a natural water channel and is subject to flooding.

1.04.63 Floodplain. The channel and the relatively flat area adjoining the channel of a natural stream or river, which has been or may be covered by floodwater. (See Figure 1 below)

1.04.64 Floodway. The channel of a river or stream, and those portions of the floodplains adjoining the channels, which carry and discharge flood waters or flood flow so the water does not elevate beyond a designated height.

1.04.65 Flood Fringe. Those portions of the floodplain, other than the floodway, which can be filled, leveled, or otherwise obstructed without causing substantially higher flood levels or flow velocities.

Figure 1: Floodplain Cross Section Flood Prone Area. "Flood prone area" is an area that may flood when it rains.

1.04.68 Forty-Acre Aliquot Part. "Forty-acre Aliquot part" means one-quarter of one-quarter of a section. [Code of Iowa, Sec. 354.2 (7)]

1.04.69 Frontage. That side of a lot abutting on a street; the front lot line.

1.04.70 Governing Body. "Governing Body" means the City Council of Primghar, Iowa. [Code of Iowa, Sec. 354.2 (8)]

1.04.71 Government Lot. "Government Lot" means a tract, within a section, that is normally described by a lot number as represented and identified on the township plat of the United States public land survey system. [Code of Iowa, Sec. 354.2(9) and 355.1(3)]

1.04.72 Garage, Private. "Private garage" means an accessory building or portion of a building in which one or more motor vehicles are housed, but in which no business services or industry connected with motor vehicles is carried on other than leasing of space as is permitted under the provisions of Article VII.

1.04.73 Garage, Public. "Public garage" means a building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles.

1.04.74 Garage, Storage. "Storage garage" means a building or portion thereof Designed or used exclusively for term storage by pre-arrangement of motor-driven vehicles, as distinguished from daily storage furnished transients, and which motor fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired or sold.

1.04.75 Grade. The degree of rise or descent of a sloping surface. (See Figure 2 below)

Figure 2: Grade

1.04.4 1.04.76 Grade, Finished. The final evaluation of the ground surface after Development. (See Figure 3 below).

1.04.77 Figure 3: Cut and Fill Cross Section

1.04.78 Grade, Natural. The evaluation of the ground surface in its natural state before manmade alterations. (See Figure 2 above)

1.04.79 Group Care Facility. A facility, which provides resident service to nine (9) or more individuals of whom one ore more are unrelated. These individuals are handicapped, aged, or disabled, are undergoing rehabilitation, and are provided services to meet their needs. This category included any licensed or supervised federal, state, or county health/welfare agencies, such as group homes (all ages). Halfway houses, resident schools, resident facilities, and foster or boarding homes.

1.04.80 Historic Preservation. The protection, rehabilitation, and restorations of district, sites, buildings, structures, and artifacts significant in American history, architecture, archaeology, or culture.

1.04.81 Home Occupation. Any gainful occupation or profession conducted entirely within an enclosed dwelling unit, which is clearly incidental and secondary to residential occupancy and does not change the character thereof. (See section 3.20)

1.04.82 Household. One or more persons living together in a single dwelling unit, with common access to, and common use of all areas within the dwelling unit.

1.04.83 Improvements. "Improvements" means changes to land necessary to prepare it for building sites including but not limited to grading, filling, street paving, curb paving, sidewalks, walk ways, water mains, sewers, drainage ways, and public works and appurtenances.

1.04.84 Ingress. Access or entry.

1.04.85 Institution. An "institution" is an organization whose purpose is to promote public or learning, including but not limited to church, library, public or private school, hospital, or municipal government or other non-profit or public organization. For the purposes of this ordinance, "institution" shall include the building, structures or land owned or used for public purposes, by such organizations.

1.04.86 Junkyard. "Junkyard" means any area where waste, discarded, or salvaged material are bought, sold, exchanged, stored or abandoned, baled or packed, disassembled, or handled, including the dismantling or "wrecking" of automobiles or other vehicles or machinery, house wrecking yards.

1.04.87 Lot. "Lot" means a tract of land represented and identified by number or letter designation on an official plat. [Code of Iowa, 2001, Sec. 354.2 (10)]

1.04.88 Kennel, Dog. (Commercial). Any parcel of land on which three (3) or more dogs, six (6) months old or older are kept for the purposes of breeding, grooming, boarding or other activities associated with the care dogs for commercial purposes.

1.04.89 Kennel, Dog. (Private) Any parcel of land on which no more than two (2) dogs are kept, however, this shall not include breeding, grooming, boarding or other activities associated with the care of dogs other than the owner's dogs.

1.04.90 Laundromat. An establishment providing washing, drying, and/or dry cleaning machines on the premises for rental use to the general public for family laundering and/or dry cleaning purposes.

1.04.91 Loading Space. An off-street space or berth used for the loading or unloading of vehicles. Lot. For the purpose of this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area to provide such yards and other open space as are herein required. Such lot shall have frontage on a public street or private street and may consist of:

(a) A single lot of record;

(b) A portion of a lot of record;

(c) A combination of complete lots and portions of lots of record;

(d) A parcel of land described by metes and bounds; provide that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this ordinance.

1.04.92 Lot, area. The total area within the lot lines of a lot, excluding any street Right-of-way.

1.04.93 Lot, Corner. "Corner lot" means lots conforming to the requirements of the following specified conditions under the provisions of this chapter:

(A) A lot fronting on two (2) intersecting streets which form an interior angle of 135 degrees or less, and which lot has a frontage of not less than 25 feet on each of such streets,

(B) a lot located at the angle in a street where the interior angle formed by the intersection of the street lines is 135 degrees or less and which lot has a frontage of not less than 25 feet on each leg of the angle.

1.04.94 Lot, Depth. "Lot depth" means the mean horizontal distance between the front and rear lot lines. (See Figure 4)

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

1.04.96 Lot, Frontage. The length of the front measurement at the street right-of- way line. (See Figure 4) With a corner lot, the primary lot frontage of a corner lot or double frontage lot is the frontage abutting the street, which provides the lot's County E-911 address.

1.04.98 Lot, Interior. "Interior lot" means a lot other than a corner lot.

1.04.99 Lot, Line. A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space. (See Figure 4)

1.04.100 Lot line, Front. The lot line abutting a platted street or highway (or, if the street or highway is un-platted the centerline thereof). A lot line abutting upon a public ally is not a front lot line, unless the lot abuts no other public way. If the lot abuts two (2) or more streets the front lit line is that abutting the street which provides the lots County E-911 address.

1.04.101 Lot Line, Rear. The lot line opposite and most distant from the front lot line; or in case of triangular or otherwise irregularly shaped lots, are ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. (see Figure 4)

1.04.102 Lot Line, Side. Any lot line than a front or rear lot line. (See Figure 4)

1.04.103 Lot, Minimum area of. The smallest area established by the Zoning Ordinance on which a use or structure may be located in a particular district.

1.04.104 Lot of Record. "Lot of record" means a lot, which is a part of a subdivision, the plat of which has been recorded at or before the effective date of this Ordinance in the office of the O'Brien County Recorder.

1.04.105 Lot, Width. "Lot width" means the horizontal measure of a lot at the point of its greatest liner extent, measured at right angles to a line measuring lot length. (See Figure 4)

Figure 4: Yard Definitions

1.04.106 Massage Establishment. A "massage establishment" shall be construed and deemed to mean any place of business wherein massages (as the practice of a profession, scientifically applied to the patient by a massage therapist's hands) is administered or used.

1.04.107 Mets and Bonds Description. "Mets and Bonds Description" means a description of land that uses distances and angles, uses distances and bearings, or describes the boundaries of a parcel by reference to physical features of land. 1.04.108

class="sub">1.04.108 Manufactured Home. "Manufactured home" means a factory-built single- family structure, which is manufactured or constructed under the authority of the 42 U.S.C. Code Section 5403, National Manufactured Homes 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 from and wheels or axles. A mobile home is not a manufactured home unless it has been converted to real property and is taxed as a site dwelling. 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 1976. A Manufactured Home Meeting the preceding requirements shall be considered the same as a site- Built, single-family detached dwelling.

1.04.109 Manufacturing. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubrication oils, plastics, resins or liquors.

1.04.110 Mobile Home. A "mobile home" means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but shall not also include any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto. Whether or not wheels, axles, hitch, or appurtenances of mobility are removed or regardless of the nature of the foundation provided. Nothing in this definition shall be constructed as permitting a mobile home in other than an approved mobile home park.

1.04.111 Mobile Home Park. A "mobile home park" means a tract of land that is used, designed, maintained, or held out for rent to accommodate one or more mobile homes. Mobile homes located in a mobile home park shall not include an automobile or mobile home sales lot on which unoccupied mobile homes are parked for inspection or sale.

1.04.112 Modular Home. A "modular home" means a factory built housing certified as meeting the State of Iowa Code as applicable to modular housing. Once certified by the state, modular housing shall be subject to the same regulations as site-built homes.

1.04.113 Motor Court or Motel. A "motor court or motel" is a building or groups of buildings used primarily for temporary residence of motorist or travelers with parking facilities conveniently located to each unit, and may include accessory facilities such as swimming pool, restaurant, meeting rooms, etc.

1.04.114 Nonconforming Use. A use or activity which was lawful prior to the adoption, revision, amendment of a Zoning Ordinance, but which fails, by reason of such adoption, revision, or amendment, to conform to the present requirements of the zoning district.

1.04.115 Nursing Home. A "Nursing home" means a home for the aged, chronically ill or incurable persons in which three (3) or more persons not of the immediate family are received, kept, or provided with food, shelter and care, for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis, treatment, or care of the sick or injured.

1.04.116 Official Map. "Official map" means the official zoning map on file in the office of the city clerk of the city of Primghar and all references hereafter to said official map means the map just referred to, said map by this reference thereto being made a part of this chapter.

1.04.117 Official Plat. "Official Plat " means either an auditor's plat or a subdivision plat that meets the requirements of this chapter and has been filed for record in the offices of the Recorder, Auditor, and Assessor.

1.04.118 Original Parcel. "Original parcel" means forty (40) acres or part thereof entered of record in the office of the county Recorder as a single lot or parcel, which includes outlots.

1.04.119 Overhang. The part of a roof or wall which extends beyond the façade of a lower wall.

1.04.120 Owner. "Owner" means the legal entity holding title to property being subdivided, or such representative or agent as is fully empowered to act on its behalf.

1.04.121 Parking Space. "Parking space" means a surfaced area, enclosed in the principal building, exclusive of driveways, permanently reserved for the temporary storage of one (1) automobile and connected with an accessory building, or an unenclosed area having an area of not less than one hundred eighty (180) square feet street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.

1 .04.122 Performance Bond. "Performance bond" means a surety bond or cash deposit made out to the City of Primghar, Iowa, in an amount equal to the full cost of the improvements which are required by this ordinance, said cost estimated by the City and said surety bond or cash bond being legally sufficient to secure to the City that said improvements will be constructed in accordance with this ordinance.

1.04.123 Permanent Real Estate Index Number. "Permanent Real Estate Index Number" means a unique number or combination of numbers assigned to a parcel of land. [Code of Iowa, 2001, Sec. 354.2 (14)] 1.04.124

1.04.124 Place. "Place" means an open unoccupied space or a public or private thoroughfare other than a street or alley permanently reserved as the principal means of access to abutting property.

1.04.125 Plat. "Plat" means a map drawing, or chart on which a subdivider's plan for the subdivision of land is presented, that said subdivider submits for approval and intends, in final form, to record.

1.04.126 Plat of Survey. "Pat of survey" means the graphical representation of a survey of one (1) or more parcels of land, including a complete and accurate description of each parcel within the plat, prepared by a registered land surveyor.

1.04.127 Porch, Open. "Open porch" means a roofed structure open on two or more sides projecting from the front, side or rear wall of the building. An open porch may be enclosed by removable storm windows for periods not exceeding seven (7) months in any twelve-month period.

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

1.04.129 Public Notice. "Public notice" means the publication of the time and place of any public hearing not less than 15 days prior to the date of said hearing in one newspaper of general circulation in the municipality.

1.04.130 Recreational Vehicle. A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping, and travel use and included but not limited to travel trailers, truck campers, camping trailers and self- propelled motor homes.

1.04.131 Resubdivision. "Resubdivision" means any subdivision of land that has previously been included in a recorded plat. In appropriate context it may be a verb referring to the act of preparing a plat of previously subdivided land.

1.04.132 Satellite Dish Antenna. A "satellite dish antenna" shall mean a satellite receiver, a satellite rooftop antenna Forty (40) inches or less in diameter, which may or may not be able to rotate to enable the "dish" to aim at different satellites for the purpose of television reception.

1.04.133 Sidewalk. A paved or surfaced area, paralleling and usually separated from the street, used as a pedestrian walkway.

1.04.134 Sign. "Sign" means any structure or part thereof or device attached thereto or painted, or represented thereon, which displays or includes any letter, work , model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction, or advertisement. "Sign" includes "billboard" but doesn't include the flag, pennant or insignia of any nation, state, city, or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.

1.04.135 Site Plan. A plan (to scale) showing uses and structures proposed for a parcel of land as required by the regulations involved.

1.04.136 Story. "Story" means that part of any building comprised between any floor and the floor or attic next above. The first story of a building is the lowest story having at least one-half of its height above the curb level and also one-half of its height above the highest level adjoining the ground.

1.04.137 Story, Half. A space under a sloping roof, which has the line of intersection of roof decking and exterior wall face not more than four (4) feet above the top floor level.

1.04.138 Street. A "street" is a general term to describe a public right-of-way which provides a channel for vehicular and pedestrian movement, and may provide for vehicular and pedestrian access to properties adjacent to it, and which may also provide space for the location of utilities (both above and below ground).

1.04.139 Street, Arterial. "Street, arterial" means a street primarily intended to carry traffic from one part of the city to another, and not intended to provide access to abutting property.

1.04.140 Street, Collector. "Street, collector" means a street primarily designed to connect smaller areas of the community, and to carry traffic from local streets to arterial streets.

1.04.141 Street, Front. :front street" means the street or public place upon which a lot abuts. If a lot abuts upon more than one street or public place, it means the street designated as the front street in the owner's application for a building permit.

1.04.142 Street Line. "street line" means the dividing line between a lot and a public street, alley or place.

1.04.143 Street, Local. "Street, local" means a street primarily designed to provide access to abutting property.

1.04.144 Street, Public. "Public street" means a public thoroughfare more than twenty (20) feet in width. 1.04.145 Street Wall. "Street wall means the wall of the building nearest the street under consideration.

Structural Alteration. "Structural Alteration" means changing the size or design of a building or structure.

1.04.147 Structure. Anything constructed or erected with a mixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, billboards and poster panels.

1.04.148 Subdivider. "Subdivider" means the owner of the property being subdivided, or such other person or entity empowered to act on the owner's behalf.

1.04.149 Subdivision. " Subdivision" means the accumulative effect of dividing an original lot, tract, or parcel of land, into three (3) or more lots for the purpose of immediate or future sale or transfer for development purposes excluding public roadways, public utility extensions, and land taken by condemnation. The term includes a resubdivision or replatting. When appropriate to the context, the word may relate to the process of subdividing or the land subdivided.

Any person not in compliance with the provisions of the subdivision definition at the time of its effective date, shall not be required to comply with such provisions unless or until a new division, re-subdivision or platting occurs following that effective date. [Code of Iowa, 2001, Sec. 354.2(17) and 355.1 (10)].

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

1.04.151 Surveyor. "Surveyor" means a registered land surveyor who engages in the practice of land surveying pursuant to Chapter 542B of the Code of Iowa. [Code of Iowa, 2001, Sec. 354.9) and 355.1(12)].

1.04.152 Swimming Pool. A "swimming pool" is a tank of water either above or below grade level in which the depth of the container exceeds twenty-four (24) inches. "Swimming pools, hot tubs, whirlpool baths and tubs, Jacuzzi type tubs, shall be considered "swimming pools" if they are located outdoors.

1.04.153 Tract. "Tract" means an aliquot part of a section, a lot within an official plat, or a government lot. [Code of Iowa, 2001, Sect. 354.2(20)] 1.04.154 Trailer Camp or Tourist Camp. "Trailer camp" or tourist camp" means an area providing space for two (2) or more recreational vehicles, or tent sites for temporary occupancy, with necessary incidental services, sanitation and recreational facilities to serve the traveling public.

1.04.155 Utilities. "Utilities" means system for distribution or collection of water, gas, electricity, wastewater, and storm water.

1.04.156 Vacated Property Vacated property means any street, ally, or other public easement whose use the City has relinquished.

1.04.157 Warehouse Storage Facility. A building or portion of a building where goods are stored for hire.

1.04.158 Yard. "Yard" means an open space between a building and the adjoining lot lines unoccupied and unobstructed by any portion of a structure from thirty (30) inches above the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of the rear yard, the minimum horizontal distance between the lot lines and the main building shall be used. (See Figure 4)

1.04.159 Yard, Front. "Front yard" means the required space, unobstructed to the sky, open for the whole width of the lot extending from the nearest part of any building on the lot to the front lot line excluding cornices, eaves, gutters or chimneys projecting not more than thirty (30) inches, steps, bay windows or similar features not extending through more than one story and which do not aggregate more than one-third of the width of the frontage of the building, and vestibules not more than one story I height and extending more than three (3) feet beyond the front wall of the principal building, and one story open porches eight or less feet in width.

1.04.160 Yard, Rear. "Rear yard" means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and rear of the main building or any projections thereof, excluding cornices, eaves, gutters, chimneys projecting not more than thirty (30) inches, uncovered steps, open porches not more than one (1) story in height and eight (8) feet in width, and accessory buildings. (See Figure 4)

1.04.161 Yard, Side. "Side yard" means a yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building, excluding cornices, eaves, gutters, chimneys projecting not more than thirty (30) inches, bay windows, and open porches not exceeding eight (8) feet in width, or similar features extending not more one (1) story in height which projects into the side yard but are ten (10) feet or more from the adjacent lot line. (See Figure 4)

1.04.162 Zoning Administrator. The "Zoning Administrator" for the City of Primghar shall be appointed by the City Council.

1.04.163 Zoning Commission. "Zoning Commission" shall mean the Planning and Zoning Commission of the city of Primghar, Iowa

1.04.164 Zoning Board of Adjustment. "Zoning board of Adjustment" shall mean the Zoning Board of Adjustment of the City of Primghar, Iowa.

ARTICLE II: ESTABLISHMENT OF DISTRICTS, ZONING MAP, BOUNDARY INTERPETATIONS AND ANNEXED TERRITORY

Section 2.00 ESTABLISHMENT OF DISTRICTS:

For the purpose of this Ordinance, the City of Primghar, Iowa is hereby organized into the following zoning districts:

Floodplain District "FP" District

Agricultural District "A" District

Residential District "R-1" Single Family residential District "R-2" Mixed residential District "R-3" Mobile Home Park District

Commercial District "C" District

Light Industrial District "ML" Industrial District

Heavy Industrial District "MH" Industrial District

Historical Preservation District "HP" District

Section 2.01 ZONING MAP

The location and boundaries of the zoning districts established by this Ordinance are set forth on the map entitled "Zoning Map" which is located in the Primghar City Hall and hereby made a part of this Ordinance. Said map, together with everything shown therein and all amendments thereto, shall be as much a part of this Ordinance as though fully set and described herein.

Section 2.02. RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES:

Where uncertainty exists with respect to the precise location of any of the aforesaid districts shown on the Zoning Map, the following rules shall apply;

2.02.01 Boundaries shown as following or approximately following streets, highways, or alleys shall be construed to follow the center lines of such streets, highways, or alleys;

2.02.02 Boundaries shown as following or approximately following platted lot lines or other property lines shall be construed to follow said boundary lines;

2.02.03 Boundaries shown as following or approximately following the center lines of streams, rivers, or other continuously flowing water courses shall be construed as following the channel center line of such water courses taken at mean low water mark;

2.02.04 Boundaries shown as following or closely following the City limits of Primghar shall be construed as following such city limits lines;

2.02.05 Boundaries indicated as parallel to or extensions of features indicated in subsections 2.02.01 through 2.02.05 shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

2.02.06 Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map. Or in other circumstances not covered by the Primghar Subdivision Ordinance, the Board of Adjustment shall interpret the district boundaries;

2.02.07 When ever any street, alley or other public easement is vacated, the district classification of property to which the vacated portions of land accrue shall become the classifications of the vacated land.

Section 2.03 ANNEXED TERRITORY:

Before a Petition for Annexation of Territory to the City of Primghar, Iowa, shall be presented to the City Council for action, the Petition shall first be submitted to the Primghar Planning and Zoning Commission. The Planning and Zoning Commission shall review the Petition and make a recommendation with regard to the appropriate zoning classification for the property set forth in the Petition. In the event the City Council shall approve the annexation of the territory, the property shall be annexed pursuant to the classification recommendation by the Planning and Zoning Commission.

ARTICLE III: GENERAL PROVISIONS

Section 3.00 ZONING AFFECTS EVERY STRUCTURE:

Except as hereinafter provided, no building, structure or land shall be erected, constructed, reconstructed, occupied, moved, altered, or repaired, except in conformity with the regulations herein specified for the class of District in which it is located.

Section 3.01 MINIMUM STREET FRONTAGE, LOT OF RECORD, NUMBER OF BUILDINGS ON LOT AND LOTS UNSERVED BY SEWER OR WATER:

Minimum Street Frontage. No lot shall be created after the adoption of this Ordinance unless it abuts at least twenty-five (25) feet on a public street.

Use of lot of Record. In any Residence District on a lot of record at the time of enactment of this Ordinance, a single-family dwelling may be established regardless of the size of the lot, provided all other requirements of this Ordinance are met. However, where two (2) or more vacant and contiguous substandard recorded lots are held in common ownership, they shall be combined into zoning lots and shall thereafter be maintained in common ownership and shall be so joined and developed for the purpose of forming and effective and conforming zoning lot. For the purpose of this section, the razing of a building on a substandard lot shall constitute the formation of a vacant lot.

Lots not served by sewer and/or water. In any residential district where neither public water supply or public sanitary sewer are reasonably available, one (1) single dwelling may be constructed, provided there otherwise specified lot area and width requirements shall be a minimum of one (1) acre

Section 3.02 ACCESSORY BUILDING, STRUCTURES AND USES:

Time of Construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

Permit required. A permit is required for all detached accessory building or buildings.

Height of accessory building. No accessory building or structure shall Exceed eighteen (18) feet in height, and the side walls shall not exceed twelve (12) feet in height. Location on lot. No accessory building or structure shall be erected in any front yard. Accessory buildings or structures shall be no closer than three (3) feet from any main buildings.

Section 3.03 MORE THAN ONE PRINCIPAL STRUCTURE ON LOT:

In any district more than one principal structure, housing a permitted principal use, may be erected on a single lot provided that the area, yard and other requirements shall be met for each structure as through it were on an individual lot.

Section 3.04 REQUIRED YARD CANNOT BE REDUCED OR USED BY ANOTHER BUILDING:

No lot, yard, court, parking area or other open space shall be so reduced in area or dimension as to make any such area or dimension less than the minimum required by this Ordinance, and if already less than the minimum required it shall not be further reduced. No required open space provided around any building or structure shall be included as part of any open space required for another building or structure.

Section 3.05 CONVERSION OF DWELLING:

The conversion of any dwelling or structure into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or households, shall be permitted only within a district in which a new building for similar occupancy would be permitted under the Ordinance, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be Specified hereinafter within the article applying to such district.

Section 3.06 YARD AND PARKING SPACE RESTRICTIONS:

No part of yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this title, shall be included as part of yard, open space, off- street parking, or loading space similarly required for any building.

Section 3.07 TRAFIC VISIBILITY ACROSS CORNER LOTS:

In a residential, manufacturing, or agricultural district on any corner lot, no fence, wall, hedge, or other plantings or structures, that will obstruct vision, shall be over two and one-half (2 ½) feet in height above the centerline grades of the intersecting streets shall be erected, placed or maintained within the triangular area formed at a point that is twenty-five (25) feet distant from the point of intersection of the right-of-way lines.

Section 3.08 ESSENTIAL SERVICES:

Essential services shall be permitted as authorized and regulated by law and other ordinances of the community, it being the intention hereof to exempt such essential services from the application of this Ordinance.

Section 3.09 VALIDITY OF EXISTING PERMITS:

Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated uses of any development, building, structure or part thereof, for which the official approvals and required building permits have been granted before the enactment of this Ordinance, the construction of which, conforming with such plans, shall have been started prior to the effective date of this Ordinance and the completion thereof carried on in a normal manner within the subsequent six (6) month period, and not discontinued until completion, except for reasons beyond the builder's control.

Section 3.10 HEIGHT EXCEPTIONS:

The height limitations contained in section 3.18 (bulk requirements) do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, elevator housing, or other structures placed above roof level and not intended for human occupancy. (See Article XIII)

Section 3.11 PUBLIC RIGHT-OF-WAY:

No portion of the public street or ally right-of-way shall be used, or occupied by an abutting use of land or structure for storage or display purposes, or to provide any parking or loading space required by this Title, or for any other purpose that would obstruct the use ore maintenance of the public right-of-way. (See Figure 5)

Section 3.12 FENCES:

Fences in an "R" district. Residential fences or landscape features such as sculpture or walls may be erected or constructed twenty-four (24) inches from the center of the property line, or on the centerline with appropriate easements. No portion of any fence shall extend onto adjacent property or right-of-way, provided no such fence in any front, side or rear yard having street frontage exceeds four (4) feet in height and six (6) feet in height in the case of side and rear yards not having street frontage. In front and side yards having street frontage, fence materials shall allow for adequate visibility. All residential fences shall be properly maintained.

Section 3.13 PROPOSED USE NOT COVERED BY TITLE:

Any proposed use not covered in this title as a permitted use or special exception shall be referred to the Planning and Zoning Commission for a recommendation as to the proper district in which such use should be permitted and the title amended before a permit is issued for such proposed use.

Section 3.14 ACCESS REQUIRED:

Every building hereinafter erected or structurally altered shall be on a lot having frontage on a public street.

Section 3.15 APPICATION OF REGULATIONS:

The regulations set by this title within each district shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

Section 3.16 PERMITTED USES:

Use is permitted in all zoning districts for the purposes of the distribution of Essential Services. However design and placement of said equipment and devices may be reviewed by the Board of Adjustment and approved by the City Council.

All other uses are permitted only as listed under each specific Zoning District.

Section 3.17 TEMPORARY USE EXCEPTIONS:

The following uses may be permitted by a Temporary Use Exception Permit, valid for ten (10) days or less to the applicant, subject to the review and approval of the application by the Board of Adjustment.

Carnival, Circus.

Festivals, Auctions

In determining whether a Temporary Use Permit shall be granted, the Board of Adjustment shall give consideration to:

Health, safety, Morals, and comfort of area residents

Adverse impact on land uses

Possibility of traffic congestion

Harm to public roads

Erosion of adjacent property

Threat to any source of water supply

Conditions and restrictions as determined necessary to protect the public health, safety, morals, and comfort may be attached to the permit. The above events listed do not constitute the complete list, as other events of a temporary nature may also be permitted.

Section 3.18 BULK REQUIREMENTS:

All new buildings shall conform to the building regulations established herein for the district in which each building shall be located. Further, no existing building shall be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or to further conflict with the bulk regulations of this Ordinance for the district in which such building shall be located.

Minimum bulk requirements are listed on table 1 Bulk Requirements, Primghar, Iowa, on the following page.

Table 1: Bulk Requirements NOTE: Following provided twice: The second is official (but very hard to read).

District/Use	Maximum Building Height	Maximum Lot Area	Minimum Lot Width	Minimum Front Yard	Minimum Side Yard	Minimum Side Street, Corner Lot	Minimum Rear Yard
A-1 SINGLE FAMILY Other Permitted Uses	35 Ft or 3 Stories	6,845 Sq. Feet	59 feet	25 feet	10 feet	25 feet	20 feet
R-1 SINGLE FAMILY Other Permitted Uses	35 Ft or 3 Stories	6,845 Sq. Feet	59 feet	25 feet	10 feet	25 feet	20 feet
R-2 MIXED RESIDENTIAL Other Permitted Uses	35 Ft or 3 Stories	8,700 Sq Ft	75 feet	25 feet	10 feet	25 feet	20 feet
R-2 3 Plex or Larger (Minimum Per Unit)	35 Ft or 3 Stories	4,000 Sq Ft	75 feet	25 feet	10 feet	25 feet	20 feet
R-3 MOBILE HOME PARK	18 Feet	3,042 Sq Ft (26 X 117 lot)	26 feet	32 feet Each yard abutting on a public street shall be a front yard	5 feet	None	5 feet
C-1 COMMERCIAL	35 Ft or 3 Stories
M-1 MANUFACTURING	35 Ft or 3 Stories
ACCESSORY BUILDINGS for R-1, R-2, and R-3 Districts	18 Feet or One story Whichever is lower				7 feet		6 feet
District/Use	Maximum Building Height	Maximum Lot Area	Minimum Lot Width	Minimum Front Yard	Minimum Side Yard	Minimum Side Street, Corner Lot	Minimum Rear Yard
table created by T2T 2.5

ARTICLE IV: "FF" FLOODPLAIN DISTRICT

Section 4.00 LEGISLATIVE AUTHORITY:

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

Section 4.01 GENERAL DESCRIPTION;

The "FP" Floodplain District is amended to protect floodways and floodplains from encroachment to protect future losses to property by prohibiting construction in floodways, and control construction in floodplains.

Section 4.02 PURPOSE:

It is the purpose of this chapter to protect and preserve the rights, privileges and property of the city and its residents and to preserve and improve the peace, safety, health, welfare, and comfort and convenience of its residents by minimizing those flood losses described in Section 4.01 with provisions designed to:

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

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

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

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

Section 4.03 FINDING OF FACTS:

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

These flood losses, and related adverse effects are caused by:

The occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected from flooding; and

The cumulative effect of obstructions on the floodplain causing increases in flood heights and velocities.

Section 4.04 APPLICABILITY:

The provisions of this chapter shall apply to all areas having special flood hazards within the jurisdiction of the City of Primghar, Iowa. The property owner has the responsibility of showing documentation as to land use in a floodplain area by providing documentation to the Planning and Zoning Commission.

Section 4.05 RULES FOR INTERPETATION OF FLOOD HAZARD BOUNDARIES:

The boundaries of the special flood hazard areas shall be determined by a document from the DNR provided by the owner. When an interpretation is needed as to the exact location of the boundary, the City Council shall make the necessary interpretation.

Section 4.06 STANDARDS FOR FLOODPLAIN DEVELOPMENT GENERALLY

All uses shall meet the applicable performance standards set out in Section 4.14 through 4.21. Where needed, the Department of Natural Resources shall be contacted to compute one-hundred-year flood elevation and floodway data.

Section 4.07 PRINCIPAL USES:

Property and buildings in a "FP" Floodplain District shall be used only for the following purposes:

Agricultural crops.

Pastures

Parks

Golf courses

Extraction of sand and gravel

Section 4.08 DEVELOPMENT REQUIREMENTS:

All development within the special flood hazard areas shall:

Be consistent with the need to minimize flood damage;

Use construction methods and practices that will minimize flood damage;

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

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

Section 4.09 PERMIT REQUIRED:

The applicant must secure a permit from the Department of Natural Resources (DNR) and not be in a flood plain district prior to a permit being considered by the Zoning Administrator. No construction is allowed in the floodway.

Section 4.10 COMPLIANCE REQUIRED:

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.

Section 4.11 GREATER RESTRICTIONS:

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 repealed to the extent of the inconsistency only.

Section 4.12 INTERPRETATION OF PROVISIONS:

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.

Section 4.13 FLOODPLAIN DEVELOPMENT PERMIT:

Permit Required. A floodplain development permit issued by the Zoning Administrator shall be secured prior to any floodplain development (any man-made change to improved and unimproved real estate, including but not limited to, buildings or other structures, mining, filling, grading, paving, excavation or drilling operations), including the placement of factory build homes.

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

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

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;

4.13 05 Indication of the use or occupancy for which the proposed work is intended.

Elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including basement) of building;

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

For developments involving more that five acres, the elevation of the one-hundred-year flood;

Such other information as the Zoning Administrator deems necessary for the purpose of this chapter.

Procedure for Acting on Permit. The Zoning Administrator shall make a determination as to whether the floodplain development, as proposed, meets the applicable provisions of Section 4.14 through 4.21 and shall approve or disapprove the application. In reviewing proposed development, the Zoning Administrator shall obtain, review and reasonably utilize any available floodplain information or data from federal, state or other sources.

Section 4.14 REQUIREMENTS FOR STRUCTURES:

New or substantially improved residential structures shall have the first floor (to include basement) elevated a minimum of one foot above the one-hundred-year flood level.

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

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

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

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

Section 4.15 FACTORY BUILT HOMES:

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

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

Section 4.16 REQUIREMENTS FOR SUBDIVISIONS:

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

Section 4.17 MATERIAL AND EQUIPMENT STORAGE:

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

Not be subject to major flood damage and be anchored to prevent movement due to flood waters; or

Be readily removable after flood warning.

Section 4.18 SIGN REGULATIONS:

Sign regulations are as follows:

Traffic and official signs

Roadside stands for sale of farm produce raised on the premises

Sign pertaining to the sale or lease of property, or to activities conducted on the property; provided, however that these shall not exceed thirty (30) square feet in area.

Section 4.19 UTILITY AND SANITARY SYSTEMS:

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

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

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

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

Section 4.20 WATER COURSE ALTERATIONS:

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

Section 4.21 SPECIAL EXCEPTIONS:

Special exceptions may be applied for per Article XIV. The Board of Adjustment may approve, deny or table an application in accordance with provisions contained therein.

Section 4.22 FLOODPLAIN ADMINISTRATOR:

4.22.01 The Planning and Zoning Administrator will be appointed to implement and administer the provisions of this chapter and will be referred to in this chapter as the Zoning Administrator.

The Zoning Administrator shall review all subdivision proposals within the special flood hazard areas to assure that such proposals are consistent with the purpose and spirit of this chapter and shall advise the City Council of potential conflicts. Floodplain development in connection with a subdivision (including installation of public utilities) shall require a floodplain development permit as provided in Section 4.13 for proposals greater than fifty lots, the sub-divider shall be responsible for providing flood evaluation data.

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

Review all floodplain development permit applications to assure that the provisions of this chapter will be satisfied;

Review floodplain development applications to assure that all necessary permits have been obtained from federal, state, and local government agencies, including approval when required from the Development of Natural Resources for floodplain construction;

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

Record and maintain a record of the elevation (in relation to Natural Geodetic Vertical Datum) to which all new or substantially improved structures have been flood-proofed;

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

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

Section 4.23 LIBABILITY DISCLAIMER:

The standards required by this chapter are considered reasonable for regulatory purposes. The chapter does not imply that areas outside the designated special flood hazard areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Primghar, Iowa or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administration decision lawfully made there under.

Section 4.24 DEFINITIONS:

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application:

4.24.01 Basement. Means any enclosed area of a building which has its floor or lowest level below ground level (sub-grade) on all sides. Also see "lowest floor"

4.24.02 Development. Means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations.

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 including mobile homes, manufactured homes and modular homes and also include park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days.

Factory-built Home Park or Subdivision. Means a parcel (or contiguous parcels) of land divided into two or more factory-built home lots for sale or rent.

Flood. Means a temporary rise in stream's flow or stage that results in water overflowing its banks and inundating areas adjacent to the channel or an unusual and rapid accumulation of runoff or surface waters from any source. Flood-proofing. Means any combination of structural and nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capacity of resisting hydrostatic and hydrodynamic loads.

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

Lowest Floor. Means the floor of the lowest enclosed area in a building including a basement except when all the following criteria are met:

The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of section 4.14;

The enclosed area is unfinished (not carpet, dry-walled, etc.) and used solely for low damage potential uses such as building access, parking or storage; machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one food above the one-hundred-year flood level;

The enclosed area is not a "basement" as defined in this section. In cases where the lowest enclosed area satisfies criteria in subdivisions 1, 2, 3, and 4 of this subsection, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria in this subsection.

One-hundred-year Flood. Means a flood, the magnitude of which has a one percent chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every one hundred years.

Special Flood Hazard Area. Means the land within a community subject to a one percent or greater chance of flooding in any given year. This land is identified as zone A-on the flood insurance rate map.

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

Substantial Improvement. Means any improvement to a structure which satisfies either of the following criteria:

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) 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, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of the structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe conditions for the existing use.

Any addition which increases the original floor area of a building by twenty-five percent (25%) or more. All additions constructed shall be added to any proposed addition in determining whether the total increase in original floor space would exceed twenty-five percent.

ARTICLE V: FLOOD PRONE DISTRICT

Section 5.00 LEGISLATIVE AUTHORITY:

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

Section 5.01 GENERAL DISCRIPTION.

The flood prone district is intended to describe areas of the town of Primghar that. are subject to flooding in time of heavy rain. Due to the topography of these areas the City of Primghar and the Zoning Commission and its officers assume no responsibility for damage.

Some of the identified areas are:

Lots 20, 21, 22, 4, 5, 6, & 15 of the Randolph Estates

Callahan Property; as of July 1, 2003

West Primghar from intersection of 1st St. NW and South Inman Ave. to South Roberts Ave, Then Southwest through Sub. Lot 1 & 2.

5th St. NW from N green Ave. across North McCormick Ave.

Section 5.02 PURPOSE.

The purpose of this chapter is to inform future property owners that these areas are Subject to flooding during big rains.

Property owners are encouraged to check on flood insurance through the National Flood Insurance Program.

ARTICAL VI "A" AGRICULTURAL DISTRICT

Section 6.00 GENERAL DESCRIPTION.

The "A" Agricultural District is intended to provide regulations for land situated on the fringe of the urban area that is used primarily for agricultural purposes, but which will be undergoing urban development in the future. Many tracts in this district will be in close proximity to developing residential, commercial, or industrial uses. The purpose of this district is to restrict the permitted uses to those which are compatible with both agricultural uses and the developing residential, commercial, or industrial use.

Section 6.01 PRINCIPAL USES PERMITTED:

Property and buildings in an "A" agricultural District shall be used only for the following purposes:

Agricultural crops only. Other agricultural uses; see Section 6.02.

Single family dwellings.

Churches and temples.

Public schools, elementary, junior high and high schools.

Child Care centers.

Group Care facilities.

Parochial or private schools having similar curriculum as public schools and having no rooms used regularly for housing or sleeping purposes.

Public buildings; public, semi-public parks, playgrounds or community buildings.

Golf courses and country clubs, except miniature courses or driving ranges operated for a profit.

Accessory uses and buildings which are customarily incidental to any of the above stated uses.

Section 6.02 SPECIAL EXCEPTIONS:

The following special exceptions may be applied for per Section 17.03. The Board of Adjustment may approve, deny or table an application in accordance with provisions contained therein:

Hospitals; rest, nursing, convalescent, and family homes; homes for children and aged; child care and retirement centers; off-street street parking and yards comparable for other institutional uses to be provided under its Article.

Public utilities.

Cemetery or mausoleum.

Recreation development for seasonal or temporary use.

Roadside stand for sale of produce raised on the premises.

Dog kennels.

Riding stables.

Greenhouses and plant nurseries operated for commercial purposes.

Dairy farming, livestock farming, poultry farming, general farming, and other agriculture activities.

Section 6.03 HEIGHT REGULATIONS: LOT AREA, FRONTAGE AND YARD REQUIREMENTS:

Shall be those regulations as specified in Section 3.18

Section 6.04 SIGN REGULATIONS:

Shall be those regulations as specified in Article XIII.

ARTICLE VII: "R-1" SINGLE FAMILY RESIDENTIAL DISTRICT

Section 7.00 GENERAL DESCRIPTION:

The "R-1 is the most restrictive Residential District. The principal use of land is for single family dwellings and regulated recreational, religious and educational institutions and facilities normally required to provide an orderly and attractive residential area. These residential areas are intended to be defined and protected from encroachment of uses which are not appropriate to a residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and related facilities and through consideration of the proper functional relationship of different uses.

Section 7.01 PRINCIPAL USES PERMITTED:

Property and buildings in a "R-1" Single Family Residential District shall be used only for the following purposes:

Single family detached dwellings.

Duplexes.

Family homes, as defined herein.

Churches and temples.

Public schools, elementary, junior high and high schools.

Parochial or private schools having similar curriculum as public schools and having no rooms used regularly for housing or sleeping purposes.

Public, semi-public parks, and playgrounds.

Child Care centers.

Home occupations.

Group Care facilities.

Accessory uses which are customarily incidental to any of the above stated uses, but not involving the conduct of business other than a home occupation. Accessory uses shall include private garages and carports, private swimming pools and private greenhouses not operated for commercial purposes.

Section 7.02 SPECIAL EXCEPTIONS:

The following special exceptions may be applied for per Section 17.03. The Board of Adjustment may approve, deny or table an application in accordance with provisions contained therein:

Hospitals, family homes, nursing homes, convalescent homes, public buildings, and/or community buildings, with the same off-street parking and yards as those required for other institutional uses under this ordinance.

Essential services.

7.02.03 Swimming pools, golf courses and country clubs, except miniature courses or driving ranges operated for a profit.

The taking of boarders or the leasing of rooms by a resident family, providing total number does not exceed two (2) per building.

Funeral homes.

Section 7.03 HEIGHT REGULSTIONS: LOT AREA, FRONTAGE AND YARD REQUIREMENTS:

Shall be those regulations as specified in Section 3.18.

Section 7.04 SIGN REGULATIONS:

Shall be those regulations as specified in Article XIII.

Section 7.05 PROHIBITIONS:

Garage sales, yard sales, flea markets, auctions or other similar methods of selling tangible personal property shall not extend longer than two (2) consecutive days in a calendar year. On any particular lot, such sales may occur no more that a total of eight (8) days in any calendar year. Nothing in this Chapter shall be construed to broaden the prohibitions set forth in this Section.

ARTICLE VIII: "R-2" MIXED RESIDENTIAL DISSTRICT

Section 8.00 GENERAL DESCRIPTION:

The "R-2" Mixed Residential District is to provide for two-family and medium high population density. The principle use of land may range from single family to multiple-family dwelling units. Certain use are permitted which are more compatible functionally with intensive residential uses that with commercial uses. The recreational, religious and educational institutions and facilities normally required to provide an orderly and attractive residential area are included. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each use permitted in the district.

Section 8.01 PRINCIPAL USES PERMITTED:

Property and buildings in a "R-2" Mixed Residential District shall be used only for the following purposes:

Any use permitted in the 'R-1" single Family Residential District.

Multiple, condominium and row dwellings.

Boarding and lodge houses.

Child Care centers.

Religious and educational institutions.

Family home.

Private club or lodge, excepting where the major activities are a service customarily carried on as a business.

Accessory uses and buildings which are customarily incidental to any of the above stated uses.

Section 8.02 SPECIAL EXCEPTIONS:

The following special exceptions may be applied for per Section 17.03. The Board of Adjustment may approve, deny or table an application in accordance with provisions contained therein:

Private kindergarten and day nurseries, and child care centers.

Hospitals, family homes, nursing homes, convalescent homes, public buildings and/or community buildings, with the same off-street parking and yards as those required for other institutional uses under this ordinance.

Essential services.

Mortuary or funeral homes.

Medical and dental clinics.

Group Care facilities.

Section 8.03 HEIGHT REGULATIONS: LOT AREA, FRONTAGE AND YARD EXCEPTIONS:

Shall be those regulations as specified in section 3.18.

Section 8.04 SIGN REGULATIONS:

Shall be those regulations as specified in Article XIII.

ARTICLE IX: "R-3" MOBILE HOME PARK DISTRICT

Sections 9.00 PURPOSE:

The purpose of this chapter is to provide for municipal regulations of mobile home parks in furtherance of the public health, safety, morals and welfare.

Section 9.01 DEFINITIONS:

For use in this Chapter, the following terms are defined:

"Mobile Home or House Trailer" shall mean any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but shall also include any such vehicle power not registered as a motor vehicle in Iowa. [Code of Iowa, 2001, Sec. 435 (4)]

"Mobile Home Park or Trailer Camp" shall mean any site, lot, field or tract of land upon which two (2) or more occupied mobile homes are harbored, either free of charge or for revenue purposes, and shall include any buildings, structures, tent, vehicle, or enclosure used or intended for use as part of the equipment of such mobile home park. The term "mobile home park" shall not be construed to include homes, buildings, tents or other structures temporarily maintained by any individual, educational institution or company on their premises and used exclusively to house their own labor or student. [Code of Iowa, 2001, Sec. 435 (5)]

For purpose of this chapter no mobile home shall be deemed to be converted to real property as authorized by Section 435 of the Code of Iowa unless the vehicular frame has been destroyed or modified rendering it impossible to reconvert the real property thus created to a mobile home. [Code of Iowa, 2001, Sec. 435]

Section 9.02 LOCATION OF MOBLE HOMES:

It shall be unlawful for any person, firm or corporation to park or place any mobile home on the streets, alleys or highways, any public place or on any private land within this city, except as is provided by state law in this chapter. This section shall not apply to: Mobile home parked upon private property as part of a dealer's or manufacturer's stock not used as a place for human habitation. Mobile homes parked or placed within duly licensed mobile home Parks.

Mobile homes located outside of mobile home parks as of March 1, 1971.

Mobile homes parked or placed outside a mobile home park subsequent to March 1, 1971 when such mobile home replaces or is substituted for a mobile home which existed on the land prior to March 1, 1971 and was replaced by the same owner of the original mobile home located on the land.

Section 9.03 SPECIAL PERMITS FOR LOCATION OF MOBILE HOMES OUTSIDE MOBILE HOME PARKS:

The council, upon application of a mobile home owner, may issue special permits for the location of mobile homes outside home parks. The council shall issue such special permits only when it appears that location within local mobile parks is impracticable and public health, safety, and welfare interests will not be seriously affected by granting the permit. Special permits shall not be granted for periods in excess of six (6) months. Not more than one mobile home shall be permitted to be located on the same premises outside the mobile home parks.

Application for a special permit shall contain:

(1) A description of the applicant's mobile home. A property description of the place where the mobile home will be located. Information on sanitation facilities of the mobile home and those available at the place of location. The name of the owner of the premises upon which the mobile home will be located together with the written approval from the owner of the premises where the mobile home will be located. A statement concerning the practicability of location within a local mobile home park. A statement of the desired duration of the special permit.

Section 9.04 EMERGENCY AND TEMPORARY PARKING:

Emergency or temporary parking of mobile homes upon streets, alleys or highways or any other public or private place for a period not in excess of forty-eight (48) hours shall not constitute a violation of Section 9.02, but such parking shall be subject to any prohibitions or regulations contained in other ordinances of this city.

Section 9.05 REGULATIONS TO WHICH MOBILE HOME PARKS ARE SUBJECT:

All mobile home park owners shall be subject to the provisions of Chapter 435 of the Code of Iowa, as amended.

Section 9.06 LICENSE REQUIRED:

No person, firm or corporation shall establish, maintain, conduct or operate a mobile home park within this city without first obtaining an annual license as may be required by state law or the Code of Ordinances. No person, firm, or corporation shall construct, expand, remodel or make alterations to the sanitary facilities in a mobile park within this city without first obtaining a permit therefore from the appropriate authorities. [Code of Iowa, 2001, Section 364.1 and 364.3]

Section 9.07 PENALTY:

Anyone violating any of the provisions of this chapter shall, upon conviction, be subject to imprisonment not exceeding thirty (30) days, or fine not exceeding $500.00.

Section 9.08 SEVERABILITY CLAUSE:

If any section, provision or part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

ARTICLE X: "C" COMMERCIAL DISTRICT

Section 10.00 GENERAL DESCRIPTION:

The "C" Commercial District is intended and designed for business, professional and occupations which are located in the Commercial District and require off street parking areas and loading spaces.

Section 10.01 PRINCIPAL USES PERMITTED:

Property and buildings in a "C" Commercial District shall be used only for the Following purposes:

Antique shops

Apartments above first story level of a store or shop, with off-street/on site parking.

Apparel shops.

Art shops.

Automobile accessory and part stores.

Bakeries, bakery outlets or catering services, retail sales only.

Banks, saving and loan associations, and similar financial institutions.

Barber shops and beauty parlors.

Bicycle shops, sales and repair.

Bowling alleys.

Business offices, professional offices and studios.

Business and vocational schools.

Camera stores.

Carpenter and cabinet making shops.

Car wash with truck bay.

Child Care centers

Churches and temples.

Clothing cleaning and laundry pick-up stations.

Clothing stores.

Collection office of public utility.

Confectionery stores, including ice cream or snack bars.

Dairy stores, retail only.

Dance studio.

Delicatessens.

Dental and medical clinics.

Department stores.

Drug stores.

Dry goods stores.

Florist shops.

Furniture stores.

Gift shops.

Grocery stores, frozen food lockers, including supermarkets.

Hardware stores.

Hobby shops.

Household appliances, sales and repair.

Jewelry stores and watch repair shops.

Libraries.

Launderettes, coin-operated dry cleaning establishments, and dry- cleaning or pressing establishments using only non-flammable solvents.

Lawn mower repair shops.

Locker plant for storage and retail sales only.

Leather goods store.

Medical and dental clinics.

Music stores and music studios.

Office supply shops.

Paint and wallpaper stores.

Personal service and repair shops.

Pet shops.

Photographic studios, printing and developing establishments.

Plumbing and heating shops.

Post offices.

Printing and lithographing shops.

Publishing and engraving establishments.

Radio and television sales and repair shops.

Restaurants and taverns.

Shoe and hat repair shops.

Sporting goods stores.

Tailor and dressmaking shops.

TV and appliance repair and sales.

Theatres.

Toy stores.

Upholstering shops.

Used car lot.

Variety stores.

Video/movie film and equipment rental and sales.

Accessory uses and buildings which are customarily incidental to the above stated uses.

Section 10.02 SPECIAL EXCEPTIONS:

The following special exceptions may be applied for per Section 17.03. The Board of Adjustment may approve, deny, or table an application in accordance with provisions contained therein:

10.02.01 Agricultural feed and sales, but excluding, mixing, and blending.

10.02.02 Animal hospitals and veterinary clinics.

10.02.03 Apartments on first and second story level with off-street/on site parking.

10.02.04 Automobiles, trailer, motorcycle, boat and farm implement Establishments for display, hire, rental, and sales (including sales lots). This paragraph shall not be construed to include automobile, tractor or machinery wrecking and rebuilding and used parts yards.

10.02.05 Automobile trailer, motorcycle, boat and farm implement service/repair establishments.

10.02.06 Billiard parlors and pool halls.

10.02.NNBook stores.

10.02.NNDance halls.

10.02.NNDrive-in restaurants.

10.02.NNFuneral homes and mortuaries.

10.02.NNLiquor stores.

10.02.NNLumber yards.

10.02.NNPrivate clubs and lodges.

10.02.NNPublic buildings, parks, playgrounds and community buildings.

10.02.NNPublic utilities and offices.

10.02.NNRental storage buildings.

10.02.NNRoadside stands for sale of fresh fruits, vegetables, nursery stock and plant food.

10.02.NNService stations.

10.02.NNSheet metal shops.

10.02.NNRestaurants, cafes and nightclubs.

10.02.NNWholesale display and sales rooms and offices.

10.02.NNWelding and machine shops.

10.02.NNSingle family and Multi-family residential units.

Section 10.03 HEIGHT REGULATIONS: LOT AREA, FRONTAGE AND YARD REQUIRMENTS:

Shall be those regulations as specified in Section 3.18.

Section 10.04 SIGN REGULATIONS:

Shall be those regulations as specified in Section XIII.

Section 10.05 Fire Zone

10.05.010 Purpose: The purpose of this section is to create and establish a fire limit district for the protection of life, limb, property, health, safety and welfare and to prescribe the character of buildings to be erected within the fire limit district along with remedies for violations.

10.05.020 Zone Established: A zone, known as the fire limits zone of the City. Is established to comprise and include all of the following: The Court House Square and all of Blocks Four, Five Six, Seven, Eight, Nine, Ten and Eleven of the Original town of Primghar, IA.

10.05.030 Building Requirements: It is unlawful for any person or persons, company or corporation to erect, construct, build, place, or to be engaged with as owner, agent, employee, or contractor in erecting constructing, building or placing within said fire limits zone any building, construction or addition to any such building or construction that is not made or built with the outer walls thereof composed of brick, stone, cement block, poured cement, metal or any other noncombustible material, and with the roof and cornices thereof covered with metal or other noncombustible material. All persons, companies or corporations are forbidden within said fire limits zone from erecting, construction, building, placing or causing the same to be done to any building or edifice the outer walls, cornices and roofs of which are not composed and built of noncombustible material