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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 materials as set forth in this section. 10.05.040 Abatement of Nuisance: Any building, edifice, or construction erected, constructed, built or placed in violation of the provisions of section is a nuisance and may be abated by destruction thereof or the same from the fire limits zone. The cost and expenses of the abatement or removal may be collected from the parties causing the nuisance by civil action or an action may be begun in the name of the city to prevent the contemplated violation of provisions of this section; not less than 24 hours shall be given to the owner, his agent, or contractor in charge of such property warning him such injunction will be sought if such contemplated violation of this section is not\ relinquished and abandoned.

10.05.050 Violation-penalty: The penalty violation of this section shall be the same as prescribed in Section 10.05.040 & 19.00.

ARTICLE XI: "LM" LIGHT INDUSTRIAL DISTRICT

Section 11.00 GENERAL DESCRIPTION:

The "LM" Light Industrial District is intended primarily for the conduct of manufacturing, assembling, and fabrication. It is designed to provide an environment suitable for industrial activities that do not create appreciable nuisances or hazards. The uses permitted in this District make it most desirable that they be separated from residential uses.

Section 11.01 PRINCIPAL USES PERMITTED:

Property and buildings in an "LM" Light Industrial District shall be used only for the following purposes:

Bottling works.

Cleaning and dyeing plants.

Creamery and/or dairy processing plant.

Truck or bus garage and repair shop.

Farm implement sales, service, repair and assembly.

Freight terminal and grain elevator.

Building material sales and storage.

Wholesaling and warehousing.

Public utilities.

Automobile body repair and paint shop.

Clothing manufacture.

Welding shop.

Light manufacturing and assembly plants.

Consignment and auction sales operations having no more that four public sales per month, but excluding the sale of livestock, fish, fowl, or animals of any kind. Brick and clay products and central mixing and proportioning plant.

Concrete products and central mixing and proportioning plant.

Flour, feed and grain milling and storage.

Tool and die shops, and machine shops.

Structural iron and steel fabrication.

Machinery manufacture.

Mini-steel plants.

PVC products manufacturing.

Accessory uses and buildings which are customarily incidental to the above stated permitted uses and including temporary building used in conjunction with construction work, provided such building are removed promptly upon completion of the construction work.

Section 11.02 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:

Contractor's shop and storage yard enclosed by presentable solid Fence eight (8) feet high.

Animal pound or kennel.

Carnivals, circuses, fairs, road shows.

Radio and television broadcasting tower or station.

Accessory uses and buildings which are customarily incidental to the above stated permitted uses including temporary buildings used in conjunction with construction wok, provided such buildings are removed promptly upon completion of the construction work.

Section 11.03 HEIGHT REGULATIONS: LOT AREA, FRONAGE AND YARD REQUIREMENTS:

Shall be those regulations as specified in Section 3.18.

Section 11.04 SIGN REGULATIONS:

Shall be those regulations as specified in Article XII .

ARTICLE XII: "HM" HEAVY MANUFACTURING DISTRICT

Section 12.00 GENERAL DESCRIPTION:

The "HM" Heavy Manufacturing District is intended primarily for the conduct of activities and environment suitable for heavy industrial activities that so not to create appreciable nuisances or hazards. The permitted in this District make it the most desirable that they be separated from residential uses.

Section 12.01 Principal uses permitted:

Property and buildings in an "HM" Manufacturing District shall be used only For the following purposes:

Any use permitted in the "ML" Light Industrial District.

Acids and derivatives.

Acetylene.

Ammonia.

Carbide.

Caustic soda.

Cellulose and cellulose storage.

Chlorine.

Coke oven products (including fuel gas) and coke oven products storage.

Creosote.

Distillation, manufacture, or refining of coal, tar, asphalt, wood and bones.

Explosives (including ammunition and fireworks) and explosive storage

Fertilizer (organic).

Fish oils and meal.

Glue, gelatin (animal).

Hydrogen and oxygen.

Lamp black, carbon black, and bone black.

Nitrating of cotton or other materials.

Petroleum, gasoline, and lubricating oil refined and wholesale storage.

Plastic materials and synthetic resins.

Potash.

Pyroxyline.

Rendering ad storage of dead animals, offal, garbage, or waste products.

Wells, gas and oil.

Clay, stone and glass products.

Brick, firebrick, refractories and clay products (coal fired)

Cement, lime, gypsum, or plaster of Paris.

Minerals and earths: quarrying, extracting, grinding, crushing and processing.

Fat rendering.

Fish curing, packing and storage.

Slaughtering of animals.

Starch manufacture.

Aluminum powder and paint manufacture.

Blast furnace, cupolas.

Blooming mill.

Metal and metal ores, reduction, refining, smelting, and alloying.

Scrap metal reduction or smelting.

Steel works and rolling mill (ferrous).

Match manufacturing.

Wood pulp and fiber, reaction and processing.

Hair, hides, and raw fur, curing, tanning, dressing, dyeing and storage.

Stockyards.

Section 12.02 SPECIAL EXCEPTIONS:

The following special exceptions may be applied for per Section 17.0 3.The Board of Adjustment may approve, deny or table an application in accordance with provisions contained therein:

Contractor's shop and storage yard enclosed by presentable fence Eight (8) feet high.

Animal pound or kennel.

Carnivals, circuses, fairs, road shows.

Radio and television broadcasting tower or station.

Accessory uses and buildings which are customarily incidental to the above stated permitted uses and including temporary buildings used in conjunction with construction work, provided such buildings are removed promptly upon completion of the construction work.

Section 12.03 HEIGHT REGULSTIONS: LOT AREAS, FRONTAGE AND YARD REQUIREMENTS:

Shall be those regulations as specified in Section 3.18.

Section 12.04 SIGN REGULATION:

Shall be those regulations as specified in Article XII

ARTICLE XIII: SIGNS

Section 13.00 GENERAL PROVISIONS:

All signs and billboards shall be maintained in a neat and presentable condition and in the event their use will cease, they shall be removed within 30 days and the surrounding area restored to a condition free from refuse and debris.

All temporary, illuminating, flashing, portable signs must secure a sign placement permit from the City Clerk, allowable only in commercial and industrial/manufacturing districts and valid for a maximum time limit of seventy-two (72) hours. Such permit will not be renewed to the same person or business for fourteen (14) days. The fourteen (14) day period is calculated from the first day as written on the sign placement permit.

Section 13.01 AGRICULTRAL DISTRICTS:

In an Agricultural District the following signs are permitted:

Name plates not to exceed a nine (9) square foot in area.

Church or public bulletin boards.

Temporary signs advertising the lease of the premises, not to exceed thirty-two (32) square feet in area or 4' x 8'.

Bulletin boards and signs pertaining to lease, hire, or sale of a building or premises, or signs pertaining to any material that is grown or treated within the district; provided, however, that such signs shall be located upon or immediately adjacent to the building or in the area in which such materials are treated, processed or stored.

Section 13.02 RESIDENTIAL DISTRICTS:

In a Residential District the following signs are permitted:

Name plates not to exceed six (6) square feet.

Church or public bulletin boards.

Temporary sign advertising the lease or sale of the premises not to exceed twelve (12) square feet in area or 3' x 4' Facilities, other than single family dwellings, normally required to provide an attractive "R-1" residential area may illuminate signs, bulletin boards and name plates only with indirect not-intermittent light that do not exceed sixty (60) watts.

13.02.05 Signs for home occupations, and signs attached to a residence not exceeding six (6) square feet in area or 2' x 3'.

Section 13.03 COMMERCIAL DISTRICTS:

The following signs are permitted in all Commercial Districts:

Signs permitted in the residential districts.

Any exterior sign shall pertain only to a use conducted within the building and be integral or attached thereto. No sign may project over any street line (back of curb) or extend more than six (6) feet over any building line whether fixed to the building or any other structure. In no case shall any sign project more than four (4) feet above the roof line, and the total area of all signs pertaining to the business conducted in a building shall not exceed two (2) square feet in area for every lineal foot occupied by the front of the building displaying such sign, but not to exceed lot frontage. Where the lot adjoins an "R" District, the exterior sign shall be attached flat against the building and shall not face the side of the adjacent lot located in the "R" district, however, this does not apply to the side of the building which is opposite that side adjoining the "R" District;

One (1) "post sign" or business identification sign provided, however, that said "post sign" shall not have a surface area of greater than forty (40) square feet on any one (1) side thereof and more than two (2) sides of "post sign" shall be used for advertising purposes. The bottom of said post sign or surface area thereof shall not be less than twelve (12) feet above the sidewalk or above the surface of the ground upon which it is erected, and the total vertical dimension of twelve (12) feet or horizontal dimension of said sign shall not be greater than seven (7) feet. Total maximum height of said sign shall not be over twenty-four (24) feet.

The term "post sign" as herein defined shall not be deemed to include any sign advertising the trade name, merchandise or service of any person, firm, or corporation who pays a consideration for the privilege of placing, maintaining, or using any portion of said sign to the owner or occupant of the premises upon which said sign is erected or placed. Said "post sign" shall not extend over street right-of-way lines nor otherwise obstruct or impair the safety of pedestrians or motorists.

Section 13.04 MANUFACTURING DISTRICTS;

All signs allowed within the Commercial District are allowed with the Light and Heavy Manufacturing Districts.

Section 13.05 OUTDOOR ADVERTISING SIGNS:

In all districts where permitted, signs shall be set back from the proposed right-of-way line of any state or federal highway, any major City thoroughfare so designated by the Official Major Street Plan, and from the right-of-way line of any other street or highway. Signs erected in a manner as to obstruct free and clear vision of streets, alleys or driveways or erected, designed or positioned to interfere with, obstruct or be confused with any authorized traffic sign, signal or device which may mislead or confuse traffic shall not be permitted in all zoning districts.

No sign shall be permitted which faces the front or side lot line of any lot in any "R" Residential District used for residential purposes within one hundred (100) feet of such lot lines, or which faces any public parkway, public square or entrance to any public park, public parochial school, church, cemetery or similar institution, within three hundred (300) feet thereof, unless said sign is a single-faced wall (fascia) sign which is parallel to its supporting wall and not extending more than twelve (12) inches from the wall.

Section 13.06 POLITICAL SIGNS

No mobile or stationary political sign shall be permitted on any street or public property. Mobile or political signs may be installed temporarily on private property. When the election is over the property owner will be responsible to remove the sign within three (3) days.

Section 13.07 PENALTY:

If the sign is not removed after three (3) days the property owner will be assessed $100.00 per day.

ARTICLE XIV: "HP" HISTORICAL PRESERVATION

Section 14.00 GENERAL DESCRIPTION:

Private or public property 50 years or older and not externally altered or added on; may be protected, rehabilitated, restored in any district, site, building, or structure within the city of Primghar.

Section 14.01 PRINCIPAL USES PERMITTED:

Commercial Buildings-Frontage

Churches and Temples-All of Structure

Cobblestone Streets

Court House-Whole Building

Parks-Heritage and Public (Shelter House)

Schools-Public and Parochial (All of Building)

Preschool and Daycare

Residential (R-1 & R-2) All of building; no addition

Section 14.02 SPECIAL EXCEPTION:

All or part of property (Public or Private) may be removed and replaced as was during restoration. Fire Inspection annually must be permitted after restoration of building, including heating and electrical improvements. Owner will not be charged a fee for inspection. (Public or Private) Properties previously determined to be eligible are:

Commercial Properties 50 years or older.

150 S. Hayes Avenue (Abstract Office)

160 S. Hayes Avenue (City Hall)

140 S. Hayes (Senior Center)

193-1st Street SE (First National Bank and Masonic Hall, 1902)

151 1st Street SE (Office Building)

103-1st Street SE (Pi 10.02.nna Ranch)

612-1st Street NE (Bell-Newspaper Office)

170-2nd Street SE (Water Tower)

641-2nd Street SE (Legion Hall)

155 S. Hayes Avenue (Court House)

375 S. Green Avenue (Catholic Church, 1953

Heritage Park Road and 1st Street NE

Hwy 59 City Park Shelter House

Cobblestone Streets (Around Court House)

Hayes Avenue-First Street NE to First street SE

First Street SE-Hayes Avenue to Green Avenue

Green Avenue-First Street SE to First Street NE

First Street NE-Green Avenue to Hayes Avenue PRIMGHAR RESIDENTIAL PROPERTIES Eligible For HISTORICAL PRESERVATION STATUS

1st Street NW House Numbers: 120, 340

1st Street NE House Numbers: 275,355, 360, 420, 440, 460, 515, 540

2nd Street NW House Numbers: 260, 280, 315, 340, 380, 460

2nd Street NE House Numbers: 375, 380

3rd Street NW House Numbers: 180, 335, 435

3rd Street NE House Numbers: 140, 160, 235, 260, 275, 480

4th Street NE House Numbers: 240, 260, 320. 360

5th Street NE House Numbers: None

6th Street NE House Numbers: None

7th Street NE House Numbers: None

8th Street NE House Numbers: None

1st Street SW House Numbers: 355

1st Street SE House Numbers: 280

2nd Street SW House Numbers: 180

2ns Street SE House Numbers: 255, 260

3rdtreet SW House Numbers: 240, 280

3rd Street SE House Numbers: 135, 155, 175, 260, 280, 380

4th Street SW House Numbers: 280

4th Street SE House Numbers: 160, 165, 240, 275, 280, 340

5th Street SW House Numbers: 115, 180

5th Street SE House Numbers: 225, 315, 360

6th Street SE House Numbers: 23

ARTICLE XV: NONCONFORMING BUILDINGS, STRUCTURES AND USES OF LAND

Section 15.00 NONCONFORMING BUILDINGS, AND STRUCTURES:

Pre-existing Conditions. The lawful use of land or a building existing at the time of the passage of the ordinance codified in this chapter, although such use does not conform to the provisions of this chapter, may be continued but if such nonconforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this chapter.

Structural Alterations. Structural alterations or extensions may be made on such a building, the use of which is nonconforming, providing such alterations or extensions in no case exceeds 30% of the cubic feet capacity thereof as the same exists on the date of the passage of the ordinance codified in this chapter, but said building shall not be enlarged upon the limits provided for in this section unless the use therein and thereof is changed to a conforming use.

Disuse or non-occupancy. If any building or premises ceases to be used either temporarily or permanently for the purpose of conduction or carrying on said nonconforming use or business, or should there be non-occupancy of the building or premises, or an interruption or suspension of nonconforming use within such building or premises, the right to continue to use said premises and building as a nonconforming use shall immediately terminate and the building and premises shall be used only in the manner as provided in this chapter and shall not be used in any manner contrary to the provisions of this chapter and, if the premises are located in the "R-1, R-2, or R-3 Districts", said buildings and premises shall be only for residential purposes.

15.00.03 Scope of Provisions. It is not intended by this chapter to repeal, abrogate, annul, or in any way impair or interfere with any existing provisions of any ordinance not in conflict therein, not to interfere with any easements, covenants, or other property rights now existing as vested rights. Change of Uses. A nonconforming use of a conforming building or structure may be expanded or extended into any other portion of the structure provided the structure was manifestly arranged or designed for such use at the time of adoption or amendment of the Ordinance, but no such use shall be extended to occupy any land outside such building.

The use of a nonconforming building or structure may be changed to a use of the same or a more restricted district classification; but where the use of nonconforming building or structure is changed to a use of a more restrictive district classification it therefore shall not be changed to a use of a less restricted district classification; provided, however, that a building or structure that is nonconforming at the time of adoption of this Ordinance is not in violation. For the purpose of this subsection only, the "R-1" District shall be considered the most restrictive and the "HM" District the least restrictive District.

Swimming Pool Fences. The lawful use of a swimming pool existing at the effective date of this Ordinance may be continued, provided that twelve (12) months after the effective date of this Ordinance all nonconforming pools shall conform to Section 3.12 or the height specified by the property owners insurance company.

Section 15.01 NONCONFORMING USES OF LAND

A nonconforming use of land, where the aggregate value of all permanent buildings or structures is less than twenty-five hundred dollars ($2500), existing at the time of adoption of this Ordinance, may be continued three (3) years there for provided:

Said nonconforming use may not be extended or expanded, nor shall it occupy more area that was in use on the effective date of this Ordinance.

If said nonconforming use or any portion thereof is discontinued or changed, any future use of such land or change in use, shall be in conformity with the provisions of the District in which said land is located.

ARTICLE XVI: ADDITIONAL REQUIREMENTS, EXCEPTIONS, MODIFICATIONS AND INTERPRETATIONS

Section 16.00 GENERAL:

The requirements and regulations specified elsewhere in this Ordinance shall be subject to additional requirements, exceptions, modifications, and interpretations contained in this Section.

Section 16.01 HEIGHT AND SIZE LIMITS:

Height limitations stipulated elsewhere in this Ordinance shall not apply in the following situations:

16.01.01 To barns, silos, or other farm buildings or structures on farms provided these are not less than fifty (50) feet from every lot line; to church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, masts, and aerial; to parapet walls extending not more than four (4) feet above the limiting height of the building. However, if in the opinion of the Zoning Administrator, such structures would adversely affect adjoining or adjacent properties, such greater height shall not be authorized except by the Board of Adjustment.

To bulkheads, conveyors, derricks, elevator, penthouses, water tanks, monitors and scenery lofts; to monuments, fire towers, hose towers. cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height than specified, such may be authorized by the Board of Adjustment.

Section 16.02 FRONT YARD EXCEPTIONS AND MODIFICATIONS:

Front yard requirements do not apply to bay windows or balconies that do not project more than four (4) feet into the front yard.

In any District where the average depth of two (2) or more existing front yards on lots within two hundred (200) feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed, front yards may be varied. The depth of the front yard on such lot shall not be less than the average depth of said existing front yards or the average depth of the two (2) lots immediately adjoining or, in case of a corner lot, the depth of the front yard on the lot immediately adjoining; provided, however, that the depth of the front yard on a lot in any "R" District shall be at least twenty (20) feet For the purpose of determining lot width, that portion of a flag lot used for ingress and egress shall not be included as a part of the required front yard.

Section 16.03 SIDE YARD EXCEPTIONS AND MODIFICATIONS:

Along any district boundary line, any abutting side yard on a lot in the less restricted District shall have a least width equal to that required in the more restricted districts. Where a building is proposed for a lot in the "M" District, and a line of such lot abuts an "R" District, the side yard in the "M" District shall be increased by five feet for each foot that the proposed building will exceed the height limit of the said "R" district.

On a corner lot the least width of a side yard along the side street lot line shall be equal to the required front yard along the side street. No part of any accessory building shall be nearer a side street lot line than the least depth on any front yard required along such side street.

The following projections or structures may be permitted in side yards:

Accessory buildings or structures subject to the provisions contained elsewhere in this Ordinance.

Fences or walls not over six (6) feet above the average natural grade except as noted in Section 3.12.

Fire escapes, three (3) feet from side lot line. Bay windows and Balconies not more than four (4) feet from the building, provided these projections are entirely within planes drawn from either main corner of the sidewall. The sum of the lengths of such projection shall not exceed one third (1/3) of the length of the wall of the main building.

Chimneys, flues, belt courses, leaders, sills, pilasters, and lintels, ornamental features, cornices, gutters and the like into or over a required side yard not more that one and one-half (1 ½) feet.

Terraces, steps, uncovered porches, stoops or similar features, nor higher than the elevation of the ground story of the building and distant three (3) feet from the side lot line.

Section 16.04 REAR YARD EXCEPTIONS AND MODIFICATIONS:

The following projections or structures may be permitted in rear yards.

Accessory buildings or structures subject to the provisions contained elsewhere in this Ordinance.

Fences or walls, not over six (6) feet above the average natural grade.

Fire escapes, not more that six (6) feet, and bay windows and balconies, not more than four (4) feet.

Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, and the like, into or over a required rear yard not more than one and one-half (1 ½) feet.

Terraces, steps, uncovered porches, stoops, or similar features not more that ten (10) feet into a required rear yard, nor closer than six feet of an alley or within ten (10) feet of a rear lot line.

16.04.06 Swimming pools

ARTICLE XVII: ADMINISTRATION AND ENFORCEMENT

Section 17.00 ORGANIZATION:

The administration of this Ordinance is vested in the following four (4) offices of the government of the City of Primghar, Iowa: City Council, Planning and Zoning Commission, Board of Adjustment and Planning and Zoning Administrator.

Section 17.01 BASIS OF REGULATIONS:

Regulations are made in accordance with the Comprehensive Plan and designed to preserve the availability of agricultural land; to consider the protection of soil from wind and water erosion; to encourage efficient urban development patterns; to lessen congestion in the street; to secure safety from fire, flood, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to promote the conservation of energy resources; to promote reasonable access to solar energy; and to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements.

Section 17.02 MAYOR AND CITY COUNCIL:

Jurisdiction. The Mayor and City Council of the City of Primghar, Iowa, shall discharge the following duties under this Ordinance:

Appoint a Planning and Zoning Administrator whose responsibilities it will be to enforce the provisions of this Ordinance.

Appoint members of the Board of Adjustment as provided for in this Ordinance.

Appoint members to the Planning and Zoning Commission as provided for in this Ordinance.

Receive and decide upon all recommendations concerning amendments, supplements, and changes presented by the Planning and Zoning Commission.

Receive from the Planning and Zoning Commission all recommendations on the effectiveness of this Ordinance.

To decide all matters upon which it is required to pass under this Ordinance. Section 17.03 BOARD OF ADJUSTMENT:

Creation. The Board of Adjustment, as established under applicable provisions of the Iowa State Statutes, is the Board of Adjustment referred to in this Ordinance.

Appointment-Term -Removal. The Board shall consist of five (5) members to be appointed by the Mayor, subject to City Council approval by majority vote for a term of five (5) years excepting that when the board shall be created one (1) member shall be appointed for a term of three (3) years, one (1) for a term of two (2) years, and one (1) for a term of one (1) year. A majority of the members of the Board of Adjustment shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. Members of the Board of Adjustment may be removed from office by the City Council for cause upon written charges and after public hearings. Vacancies shall be filled by the City Council for the un-expired term of the member affected.

Powers and Duties. The Board of Adjustment is hereby vested with The following powers and duties:

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this Ordinance.

To hear and pass on all applications for special exceptions in the manner prescribed in this Ordinance.

To hear and pass on all applications for variances from the terms provided in the Ordinance in the manner prescribed and subject to the standards herein.

17.03.04 Meetings and Rules. The Board of Adjustment shall adopt rules necessary to conduct of its affairs, and in keeping with the provisions of this article. Meetings shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson, or in his/her absence, the acting chairperson, may administer oaths and compel attendance of witnesses. All meetings shall be open to the public.

The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be public record and be immediately filed in the office of the Zoning Administrator.

The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this title, or to effect any variation in application of this title.

17.03.05 Finality of Decision of the Board of Adjustment. All decisions and findings of the Board of Adjustment on appeals applications for a variance, or application for a special exception, after a hearing, shall, in all instances, be final administrative decisions and shall be subject in judicial review as by law may be provided.

Section 17.04 PLANNING AND ZONING COMMISSISSON:

Creation. The Planning and Zoning Commission of the City of Primghar, as established under the applicable provision of the Iowa State Statutes, is the Planning and Zoning Commission referred to in this Ordinance.

Membership. Said Planning and Zoning Commission shall consist of five (5) members, residents of the City of Primghar, Iowa, and qualified by knowledge or experience to act in matters pertaining to the development of the city plan and who shall not hold any elective office in the municipal government, shall be appointed by the mayor, subject to the approval of the City Council by a majority vote.

Of the five (5) members, one (1) shall serve for a period one (1) year, one (1) shall serve for a period of two (2) years, one (1) for a period of three (3) years, one (1) for a period of four (4) years, and one (1) for a period of five (5) years. Vacancies shall be filled by appointments for unexpired terms only. All members of the Commission shall serve without compensation except for actual expenses, which shall be subject to the approval of the City council.

Immediately following their appointment the members of the Planning and Zoning Commission shall meet, organize, elect such officers as it may deem necessary, and adopt and later change or alter, rules and regulations and procedure consistent with City Ordinances and the state laws.

The Commission shall keep records of its proceedings which shall be open at all times to public inspection. The Commission shall also file an annual report to the Mayor and the City Council setting forth its transactions and recommendations.

Powers and Duties. The Planning and Zoning Commission shall hold the following powers and discharge the following duties under this Ordinance.

Make such surveys, studies, maps, plans, or charts of the whole of the municipality or any land outside thereof, which in the opinion of the Commission bears relation to the Comprehensive Plan and shall bring to the attention of the Council, and may publish its studies and recommendations.

Review all public improvement plans. No improvements shall be made, site obtained, nor permit issued until the design and proposed location of any such improvement has been submitted to the Planning and Zoning Commission and its recommendations obtained. Should the Commission fail to make recommendations within thirty (30) days written notice, these requirements shall not act as a stay upon action for any improvements.

Review all plans, plats, or re-plats or subdivision or re- subdivision or land embraced in the embraced in the municipality or adjacent thereto, laid out in lots or plats with the streets, alleys, or other portions intended for public dedication to the municipality.

Make careful and comprehensive studies of present conditions and future growth of the municipality with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated adjusted and harmonious development of the municipality and its environment which will promote health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development.

Hold at least one (1) public hearing before the adoption of any such comprehensive plan, notice of which shall be given by local newspaper not less than seven (7) nor more than twenty (20) days before the date of the hearing. The adoption of the plan shall be by resolution of the Commission carried by affirmative vote of a simple majority of the members.

Consider any proposed amendments or modifications of the adopted Comprehensive Plan. If the Planning and Zoning Commission disapproves the proposed change it may be adopted by the Council only by the affirmative vote of at least three-fourths (3/4) of the Council members.

Recommend to the City Council changes in the zoning regulations or districts. (See Zoning Map.) connection with any proposed zoning regulations or districts made by the City Council.

Expend all sums of money appropriated, and expend all gifts, donations or payments received by the city for city purposes.

File recommendations, within thirty (30) days, in connection with any proposed zoning regulations or districts made by the City Council.

Contact debts within the limits of income for the present year.

Section 17.05 ZONING ADMINSTRATOR:

17.05.01 Designation of Planning and Zoning Administrator. The Planning and Zoning Administrator, know as the Zoning Administrator for this ordinance, shall be appointed by the Mayor, subject to the approval of the City Council by majority vote.

Powers and Duties of the Zoning Administrator. The Zoning Administrator shall enforce this Ordinance and in addition thereto and in furtherance of said authority, shall:

Issue all zoning permits upon approval of the Planning and Zoning Commission and collect any fees. The fees can also be collected by the City Clerk.

Process all applications for variances, special exceptions and rezoning for referral to the Board of Adjustment.

Respond to complaints of alleged violations to the Ordinance.

Provide and maintain a public information service relative to all matters arising out of this Ordinance.

Provide proper forms to the public for the Zoning process.

Review site plans for conformance with the Ordinance.

17.05.02.07 Carry out the administrative duties for both the Planning and Zoning Commission and the Board of Adjustment.

Section 17.06 SECRETARY OF THE PLANNING AND ZONING COMMISSION AND BOARD OF ADJUSTMENT.

Jurisdiction. The Secretary of the Planning and Zoning Commission and the secretary of the board of Adjustment shall be the City Clerk.

The Secretary of the Planning and Zoning Commission shall attend all meetings of the Commission, take full and accurate minutes of the proceedings, prepare all necessary reports and documents for and on behalf of the Commission, and perform such duties and functions as may be necessary for the orderly recording of the business of the Commission.

The Secretary of the Board of Adjustment shall attend all meetings of the Board, take full and accurate minutes of the proceedings, prepare all necessary reports and documents for and on behalf of the Board, and perform such other duties and functions as may be necessary for the orderly recording if the business of the Board.

Section 17.07 VARIANCES:

Purposes and Findings of Fact. The Board of Adjustment, after a public hearing, may determine and vary the regulations of this Ordinance in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Board of Adjustment makes written findings of fact in accordance with the standards hereinafter prescribed and further, finds that there are no practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this Ordinance.

Application for Variance. An application for a variance shall be filed in writing with the Zoning Administrator. Said application shall contain such information as the Board of Adjustment may, by rules, require.

Standards for Variance. The Board of Adjustment shall not vary the regulations of this Ordinance, as authorized in this Section, unless there is evidence presented to it in each specific case that:

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district

Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance.

Special conditions and circumstances do not result from the actions of the applicant.

Granting the variance requested will not confer on the applicant any special privileges that is denied by this Ordinance to other lands, structures, or buildings in the same district.

Further Requirements:

The Board of Adjustment shall make a finding, that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

The board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this title and punishable under Article XVIII.

Under no circumstances shall the Board of Adjustment grant a variance to allow for the use not permissible under the terms of this Ordinance in the District involved, or any use expressly or by implication prohibited by the terms of this Ordinance in the District.

If a variance is sought to permit building within six (6) feet or less of a property line, the request must be accompanied by a certified survey. Section 17.08 APPEALS:

Any person or persons, or any board, taxpayer, department or bureau of the city aggrieved by any decision of the Board of Adjustment may seek review by a court of record of such decision, in the manner provided by the laws of the state and particularly by the Code of Iowa.

Section 17.09 USES EXEMPTIONS AND OTHER POWERS OF THE BOARD OF ADJUSTMENT:

Purpose The development and administration of this Ordinance is based upon the division of the city into Zoning Districts, within which Districts the use of the land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular District or Districts, without consideration in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular locations. Such use exceptions fall into two categories:

Uses publicly operated or traditionally affected with a public interest, and:

Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

17.09.02 Initiation of Use Exception: Any person having a freehold interest in land, a possessory interest to exclusive possession, or a contractual interest which may become a freehold interest of an exclusive possessory interest, either of which is specifically enforceable, may file an application to use such land for one (1) or more of the special exceptions provided for in this Ordinance in the zoning district in which the land is located.

17.09.03 Application for Special Exception: An application for a special exception shall be filed with the Zoning Administrator on a form as the Zoning Administrator shall prescribe. The application shall be accompanied by such plans and/or date prescribed by the Board of Adjustment and shall include a statement indicating the section of this Ordinance under which the special exception is sought and stating the grounds on which it is requested. 17.09.04 Hearing on Application: Upon receipt in proper form of the application and statement referred to in Section 17.03, the Board of Adjustment shall at least one (1) public hearing on the proposed special exception. Notice of time and place of such hearing shall be published not less that seven (7) days nor more than twenty (20) days in advance of the public hearing in a newspaper of general circulation in the City of Primghar. Before an appeal in filed with the Board of Adjustment, the appellant shall pay to the City of Primghar the non-refundable sum of one hundred dollars ($100) to cover the publishing and administration costs of said appeal.

Authorization: For each application for a special exception the Zoning Administrator shall prepare and file with the Board of Adjustment findings and recommendations, including the recommended stipulations of additional conditions and guarantees that are deemed necessary for the protection of the public interest.

Standards. No special exception shall be granted by the Board of Adjustment unless such Board shall find:

That the establishment, maintenance, or operation of the special exception will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;

That the special exception will not be injurious to the use and enjoyment of other property already permitted, nor substantially diminish and impair property values within the neighborhood.

That the establishment of special exceptions will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and

That the special exception shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Board of Adjustment. 17.09.07 Conditions and Guarantees: Prior to granting of any special uses, the Board of Adjustment shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special exceptions is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this section and Section 17.08 above. In all cases in which special exceptions are granted, the Board of Adjustment shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

Denial of Special Exceptions: No application for a special exception that has been denied wholly or in part by the Board of Adjustment shall be resubmitted for a period of one (1) year from the date of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Board of Adjustment.

Revocation of a Special Exception: In any case where special exception has not been established within one (1) year after the date of granting thereof, then, without further action by the Board of Adjustment the use on review or authorization shall be null and void.

Other Powers of the Board of Adjustment: The Board of Adjustment is hereby vested with the following additional authority And jurisdiction:

Interpretation of Zoning Map: Where the application of the rules for interpretation of the district boundaries contained in Section 2.02 leaves a reasonable doubt to the boundary between two (2) Zoning Districts the Board of Adjustment after notice to the owners of the property and after public hearing, shall interpret the Map in such a way as to carry out the intent and purposes of this Ordinance.

Temporary uses and Permit: The Board of Adjustment may issue a permit for the temporary use of a building or premises in any district for a purpose or use that does not conform to the regulations prescribed by this Ordinance, provided that such use be of a true temporary nature and does not involve the erection of substantial buildings. Such permit shall be granted in the form of a temporary and revocable permit for not more that a twelve (12) month period, subject to such conditions as will safeguard the public health, safety. Convenience, and general welfare Section 17.10 AMENDMENT:

17.10.01 Procedure: The regulations, restrictions, and boundaries may from time to time, be amended, supplemented, changed, modified, or repealed, but no such amendments shall be made without public hearings before the Council and after a report has been made upon the amendment by the Planning and Zoning Commission. However, the regulation, restriction, or boundary shall not become effective until after a public hearing at which parties in interest and citizens shall have an opportunity to be heard. The notice of the time and place of the hearing shall be published not less than seven (7) days nor more than twenty (20) days in advance of the public hearing in a newspaper of general local circulation, but in no case shall the public hearing be held earlier than the next regularly scheduled City Council meeting following the published notice.

Amendment may be passed by the favorable vote of a simple majority of all members of the City Council. However, such amendment must pass by a three-fourth (3/4) vote of all members of the City Council, if any of the following occurs:

In case the Planning and Zoning Commission has not approved the change;

A protest is filed with the City Council against such change, signed by the owners of at least twenty percent (20%) of the area to be rezoned; or

A protest is filed with the City Council against the change, signed by the owners at least twenty percent (20%) of all lots abutting, adjoining or lying directly across any streets from the perimeter of the area to be rezoned (such immediately adjacent lots extending the depth of one (1) lot or a maximum of two hundred (200) feet, whichever is less).

As part of an ordinance changing land from one zoning district to another zoning district or an ordinance ordinance approving a site development plan, the City Council may impose conditions on a property owner which are in additions to existing regulations if additional conditions have been agreed to in writing by the property owners before the public hearing required under this section or any adjournment of that hearing. the conditions must be reasonable and imposed to satisfy public needs which are directly caused by the request change in zoning district. Section 17.11 REZONING APPLICATIONS:

An application for rezoning shall contain the following items:

The legal description and local address of the property.

17.11.02 The present zoning classification and the zoning classification requested for the property.

The existing use and proposed use of the property,

17.11.04 The names and addresses of the owners of all property within two hundred (200) feet of the property for which the change is requested.

A statement of the reasons why the applicant feels the present zoning classification is no longer valid.

A plat showing the locations, dimensions, and use of the applicant's property and all property within two hundred (200) feet thereof, including streets, alleys, railroads, and other physical features.

Section 17.12 FEES:

Before any action is taken upon an application as provided in this section, the applicant shall pay the Zoning Administrator the sum of one hundred dollars ($100) to cover approximate cost of the procedure and the applicant shall forthwith pay over in this amount to the credit of the general revenue fund of the City. The failure to approve the request will not be construed as any reason for refunding the fee to the applicant.

ARTICLE XVIII: BUILDING CONSTRUCTION, CERTIFICATES

Section 18.00 BUILDING CONSTRUCTION:

No buildings shall hereafter be erected, reconstructed, or structurally altered nor shall any work be started upon buildings until a construction permit for the work has been issued by the Zoning Administrator which permit shall state that the proposed building complies with all provisions of this Ordinance.

Section 18.01 BUILDING PERMIT:

Requirement. It is unlawful for any person, his agent, contractor or representative to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, razing, burning or moving of any building or structure, or of any portion thereof, without first having applied in writing to the city zoning administrators/building inspectors for a building permit to do so and a building permit has been granted therefore. There is no cost for the permit to raze, burn or move a building, but the applicant would be responsible for any cost and compliance of any EPA and/or DNR regulations. Such permit shall be posted in a conspicuous place at the construction site. A building permit shall not be required for alterations within the same structural dimensions . . .e.g. siding, windows, or door replacement.

18.01.02 Application-building plans. Every application for a building permit shall be in writing and delivered to the city hall and shall be accompanied by a detailed set of plans, in duplicate, showing the size of the proposed building or structure, its location on the lot, the materials of which it is to be constructed, the details and type of construction to be used, and the estimated cost of the building or the improvements to be made. On the issuance of a permit, one set of the plans shall be retained by the city zoning administrator/building inspector as a permanent record and one set shall be returned to the applicant. Any permit application for construction in the fire zone must conform to the regulations of Chapter 10.05 Fire Zone

18.01.03 Application-forms. Blank forms shall be available at city hall for the use of those applying for permits as provided for in this chapter. Completed building application forms shall be returned to city hall. Any permits issued by the city zoning administrator/building inspector shall be on standard forms for such purpose and furnished by the city.

18.01.04 Record. A careful record of all such applications, plans, and permits shall be kept in the office of the city zoning administrators/building inspectors at city hall.

Fees. When a building permit application is approved a building permit shall be issued at the minimum rate of $20.00 or $1.00 per $1000.00 estimated cost, which ever is the greater

Expiration-time extension. Any building permit under which no construction work has been commenced within six months after the date of issue of said permit or under which the proposed construction has not been completed within two years from the date of issue, shall expire by limitation. No work or operation shall take place under such permit after such expiration. In the event a building permit expires, no new building permit shall be issued with out a new completed building permit application, which shall be approved by the zoning Administrators/building inspectors and the city council

Section 18.02 CONSTRUCTION:

No construction shall be commenced without the permit being on file with the City Clerk of Primghar and approved by the City Council at a scheduled Council meeting. And the following shall apply to all structures;

No part of any structure shall extend to within six (6) feet of applicants property line excluding overhang, which is not to exceed thirty (30) inches.

The structures shall be no longer than fifty percent (50%) of the property area.

Section 18.03 CERTIFICATE OF OCCUPANCY:

No change in the use or occupancy of land nor any change in use or occupancy in an existing building, other than for single family dwelling purposes, shall be made, nor shall any new building be occupied for any purpose other than a single family dwelling or a farming use until a certificate of occupancy has been issued by the Zoning Administrator. Final sign-off of the building permit by the Zoning Administrator shall constitute issuance of a certificate of occupancy.

Section 18.04 PENALTY:

Any person or entity not obtaining a building permit prior to construction shall be fined two hundred dollars ($200) per day.

ARTICLE XIX: VIOLATIONS AND LEGAL STATUS PROVISIONS

Section 19.00 NOTICE TO VIOLATORS:

If the Zoning Administrator finds any provisions of this Ordinance is being violated, the administrator shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Administrator shall order discontinuance of illegal buildings or structures, or additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; shall take any other action authorized by this Ordinance to insure compliance with or to prevent violation or provisions.

Section 19.01 RESPONSIBILITY:

The owners, or tenant of any building structure, land or part thereof and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains a violation may each be charged with a separate offense and upon conviction suffer the penalties provided in the Primghar Code of Ordinances or by State Law.

Section 19.02 CITY REMEDIES:

If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this Ordinance, the City of Primghar may, in addition to other remedies, institute injunction, mandamus, or other appropriate lawful action necessary to prevent, correct, or abate such violation.

Section 19.03 REPEALER:

All ordinances and resolutions or any part thereof in conflict with all or any part of this Ordinance are hereby repealed.

Section 19.04 SERVABILTY:

If any section or part thereof of this Ordinance shall be held unconstitutional by a court of competent jurisdiction, the remainder of the provisions herein shall be deemed to continue in full force and effect.

Section 19.05 EFFECTIVE DATE:

This Ordinance shall take effect and be in full force from and after its adoption, publication, and recordation as provided by Iowa State Law.

APPENDIX I

To promote a systematic review of major considerations, every processed Zoning Amendment or Appeal shall be analyzed by answering the following questions in Relationship to the facts presented. The individual must also ask himself/herself the Reasons for his/her conclusions and express them for the record.

APPENDIX II

PRIMGHAR, IOWA, ZONING MAP

APPENDIX B 2

APPENDIX B 69