Title XVII ZONING
Chapters:
17.04 General Provisions
17.08 Definitions
17.12 Districts Established-Maps-Boundaries
17.16 General Use Regulations
17.20 A District
17.24 B District
17.28 Garages and Accessory Buildings
17.32 Signs and Posters
17.36 Nonconforming Uses
17.40 Building Permits
17.44 Amendments
17.48 Board of Adjustment
17.52 Enforcement * For statutory provisions concerning municipal zoning, see Code of Iowa, 1991, Chapter 414.
TopChapter 17.04 General Provisions Sections:
17.04.010 Purpose
17.04.020 Application
17.04.010 Purpose . The purpose of this chapter is to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to regulate the use of land, and to promote the health, morals, safety and general welfare of the city.
17.04.020 Application . In interpretation and application, the provisions of this chapter shall be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance or with any rule, regulation or permit previously adopted or issued or pursuant to law, relating to use of buildings or premises; nor is it intended by this chapter to interfere or to abrogate or annul any agreement between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or requires larger yards, courts or other open spaces than are required by any such existing provision of law or ordinance or by any such rule, regulation or permit or by any such easement, covenant or agreement, the provisions of this chapter shall govern.
Chapter 17.08 Definitions Sections
17.08.010 Generally
17.08.020 Alley
17.08.030 Alteration, structural
17.08.040 Attic
17.08.050 Basement
17.08.060 Block frontage
17.08.070 Boarding house, lodginghouse
17.08.080 Building
17.08.090 Building, accessary
17.08.100 Building, height of
17.08.110 Building wall
17.08.120 Cellar
17.08.130 Court
17.08.140 Curb level
17.08.150 Dwelling, single family
17.08.160 Family
17.08.170 Garage, private
17.08.180 Garage, public
17.08.190 Gasoline station
17.08.200 Hotel
17.08.210 Lodginghouse
17.08.220 Lot
17.08.230 Lot, corner
17.08.240 Lot depth
17.08.250 Lot, interior
17.08.260 Lot line, front
17.08.270 Lot line, rear
17.08.280 Lot line, side
17.08.290 Lot, through
17.08.300 Lot width
17.08.310 Nonconforming use
17.08.320 Official map
17.08.330 Place, public
17.08.340 Porch, open
17.08.350 Public notice
17.08.360 Story
17.08.370 Street, front
17.08.380 Street line
17.08.390 Street, public
17.08.400 Street wall
17.08.410 Structural alteration
17.08.420 Yard, front
17.08.430 Yard, rear
17.08.440 Yard, side
17.08.010 Generally . For the purpose of interpreting this chapter, certain words, terms, and expressions are defined for this chapter. Words used in the present tense include the future; the singular number includes the plural; the plural includes the singular; the word "building" includes the word "structure"; and, the word "shall" is always mandatory.
17.08.020 Alley . "Alley" means a public thoroughfare not more than 20 feet in width, for the use of vehicles.
17.08.030 Alteration, structural . "Structural alteration" means any change in the supporting members of a building such as bearing walls, partitions, columns, beams or girders. The enlargement of the size or height of a building shall be construed to be a structural alteration.
17.08.040 Attic . "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 feet.
17.08.050 Basement . "Basement" means a story partly underground but having at least one-half of its height above 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.
17.08.060 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.
17.08.070 Boardinghouse, lodginghouse . "Boardinghouse" or "lodginghouse" means a building, other than a hotel, where meals are regularly served or lodging furnished for compensation to more than five persons not members of the family there residing.
17.08.080 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, each portion of such structures shall be deemed a separate building.
17.08.090 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.
17.08.100 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 roots and to the average of the height of the roof in the case of pitched roofs, the measurement in all cases to be taken through the center of the front of the house. Where a dwelling 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 than the height of the adjoining ground above the curb level. Where a dwelling is on a corner lot and there is more than one grade or level, the measurements shall be taken from the main entrance elevation.
17.08.110 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.
17.08.120 Cellar . "Cellar" means a story having more than one-half of its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be considered as a story for the purposes of this chapter.
17.08.130 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.
17.08.140 Curb level . "Curb level" means the level of the curb or the established curb grade in front of the lot or building.
17.08.150 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.
17.08.160 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 individuals not related by blood or marriage.
17.08.170 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 Chapter 17.28.
17.08.180 Garage, public . "Public garage" means a building or portion of a building in which motor vehicles are equipped for operation, repaired, stored or kept for remuneration, hire or sale.
17.08.190 Gasoline station . "Gasoline station" means a building or portion of a building used chiefly in connection with tanks, pumps and other appliances for supplying motor vehicles with gasoline, oil, compressed air, water and similar supplies, but not for the purpose of making repairs.
17.08.200 Hotel . "Hotel" means a building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and in which there are more than 25 sleeping rooms usually occupied independently.
17.08.210 Lodginghouse . For a definition of "lodginghouse" see Section 17.08.070.
17.08.220 Lot . "Lot" means a parcel of land under one ownership on which a principal building and its accessories are placed together with the required open spaces, having its frontage upon one or more streets or on an officially approved place.
17.08.230 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 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 such angle.
17.08.240 Lot depth . "Lot depth" means the distance from the front lot line to the rear lot line. In the case of a lot of irregular shape, "depth" shall be the lot depth.
17.08.250 Lot, interior . "Interior lot" means any lot other than a corner lot.
17.08.260 Lot line, front . "Front lot line" means in the case of an interior lot abutting on only one street, the street line of such street. In the case of any other lot, it may be such street line as is elected by the owner to be the front lot line for the purpose of this chapter, provided, that the principal entrance to such building shall be on the street so selected.
17.08.270 Lot line, rear . "Rear lot line" means that boundary line which is opposite and most distant from the front lot line.
17.08.280 Lot line, side . "Side lot line" means any boundary line not a front lot line or a rear lot line.
17.08.290 Lot, through . "Through lot" means a lot running through the block from street to street.
17.08.300 Lot width . "Lot width" means the distance between the side lot lines. In the case of a lot of irregular shape, "width" shall be the lot width.
17.08.310 Nonconforming use . "Nonconforming use" means a use that does not comply with the regulations of the district in which it is situated.
17.08.320 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.
17.08.330 Place, public . "Public place" means an open or unoccupied public space more than 20 feet in width which is permanently reserved for the purpose of access to abutting property.
17.08.340 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 months in any twelve-month period.
17.08.350 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.
17.08.360 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.
17.08.370 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.
17.08.380 Street line . "Street line" means the dividing line between a lot and a public street, alley or place.
17.08.390 Street, public . "Public street" means a public thoroughfare more than 20 feet in width.
17.08.400 Street wall . "Street wall" means the wall of the building nearest the street under consideration.
17.08.410 Structural alteration . For the definition of "structural alteration" see Section 17.08.030.
17.08.420 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 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 in height and extending more than three feet beyond the front wall of the principal building, and one story open porches eight or less feet in width.
17.08.430 Yard, rear . "Rear yard" means the required open space, unobstructed to the sky, extending along the rear lot line (not a street line) throughout the whole width of the lot to the rear of the principal building, excluding cornices, eaves, gutters, chimneys projecting not more than 30 inches, uncovered steps, open porches not more than one story in height and eight feet in width, and accessory buildings.
17.08.440 Yard, side . "Side yard" means the required open space, unobstructed to the sky, extending along the side lot line from the front yard to the rear yard excluding cornices, eaves, gutters, chimneys, bay windows, and open porches not exceeding three feet in width, or similar features extending not more than one story in height which project into the side yard but are 30 inches or more from the adjacent lot line.
Chapter 17.12 Districts Established-Maps-Boundaries Sections:
17.12.010 Establishment
17.12.020 Boundaries-established on map
17.12.030 Boundaries-identified
17.12.040 Description
17.12.010 Establishment . For the purpose of this chapter, the city is divided into two classes of districts as follows:
A. A Residence District; and
B. B Business and Commercial District. Said districts are so established and may be referred to as the A and B districts, respectively.
17.12.020 Boundaries-established on map . The various districts and their boundaries are established as shown on the official zoning map of the City of Primghar, Iowa and which, with all its designations, is a part of this chapter. The boundaries of said districts are set forth in this chapter and defined and described in Section 17.12.040. In order to classify, regulate, and restrict the location of trades and industries and the locations of buildings hereinafter erected or altered, said districts are established as set forth in this chapter and no building shall be erected in any other manner or used for any other purpose than is permitted by this chapter in the several districts established and in accordance with the terms of this chapter.
17.12.030 Boundaries-identified . The boundaries of the various districts established by this chapter are street lines, lot lines, or other lines enclosing properties in this chapter described or as shown on the official zoning map. Where boundaries are approximately indicated as property or lot lines, the true locations of such lines shall be taken as the boundary lines. Where the distance to any boundary line from a streetline, property line or lot line is indicated by the official zoning map, such measurement shall control. 17.12.040 Description . The several districts are described, located and bounded as follows:
A. The A or residence district is bounded by the same boundary lines which are now established for and as the boundary lines of the city, as they now exist, excepting therefrom the certain districts as bounded and in this section described as B or business and commercial districts.
B. The B or business and commercial districts shall include the following lots and blocks in said city:
1. The North Half of Block 1; all of Blocks 4, 5, 6, 7, 8, 9, 10, 11; and, the Courthouse Square, ALL IN the Original Town;
2. The North Half of Lot 2 and all of the Replat of Lot 1 (known as Lot 1 of Lot 1 and Lot 4 of Lot 1) of the Auditor's Subdivision of the SE-1/4 of Section 36, Township 96 North, Range 41, West of the Fifth Principal Meridian;
3. All of Block 2 of Shuck's Second Addition;
4. All of Block 7, Block 3, and Lots 8 to 25, inclusive, of Block 5 Five, ALL IN Clarke's Addition;
5. All of Blocks 54 and 55 of Schees and Stearns Addition;
6. Lot 3 of the Auditor's Subdivision of the NE-1/4 SE-1/4 of Section 36, Township 96 North, Range 41, West of the Fifth Principal Meridian;
7. All the right-of-way of the Illinois Central Railroad Company between First Avenue Southwest and South Roberts Avenue in Derby & Rowan's Addition; 8. All of Outlots A, B, C, D, E, F, G and H of Slocum, Turner & Armstrong's Addition (as vacated) and being approximately an area 957 feet North and South and 425 feet East and West in the Southwest corner of Section 31, Township 96 North, Range 40, West of the Fifth Principal Meridian;
9. Portions of Lot 2 of the Auditor's Subdivision of the SW-1/4 SE-1/4 and a portion of Lot 1 in Replat of Auditor's Subdivision of the SE-1/4 SW-1/4, ALL IN Section 36, Township 96 North, Range 41, West of the Fifth Principal Meridian, being more particularly described in Land Deed Record Book 94, page 251 in the office of the O'Brien County Recorder; and,
10. The West 70 feet of Lot 4 and Lot 5, except the East 50 feet of the South 14 feet thereof, ALL IN Block 14 of the City as shown by the Replat recorded in Land Deed Record 1 on page 310 in the office of the county recorder for O'Brien County, Iowa.
Chapter 17.16 General Use Regulations Sections:
17.16.010 Conformance required
17.16.020 Uses prohibited in less restrictive district
17.16.030 Yards-measurements
17.16.040 Lot-size reduction
17.16.050 Maximum dwellings per lot
17.16.060 Residential use of nonprincipal building
17.16.070 Part of building-determination
17.16.080 Lot area requirement
17.16.090 Corner lot-fronting principal building
17.16.100 Front yard-minimum width
17.16.010 Conformance required . Except as provided in this chapter, no building or part thereof shall be erected, constructed, reconstructed, converted, altered, enlarged, extended, razed, moved or used and no land shall be used, except in conformity with the regulations prescribed in this chapter or hereinafter adopted, for the district in which such building or land may be situated and until a building permit has been issued by the city zoning officer as provided in this chapter.
17.16.020 Uses prohibited in less restrictive district Unless otherwise specified, no use shall be permitted in any district which is prohibited in any less restricted district and unless otherwise established for the district in which such building is located.
17.16.030 Yards-measurements . The depths of front or rear yards and width of side yards shall in all cases be measured from the lot line to the nearest point of the adjacent building wall of the building under consideration.
17.16.040 Lot-size reduction . No lot shall hereafter be so reduced in an area that any required yard, court, or other open space shall be smaller than is prescribed in this chapter for the district in which located.
17.16.050 Maximum dwellings per lot . Not more than two dwellings are permitted on any lot, tract, or parcel of land until the same has been subdivided.
17.16.060 Residential use of nonprincipal building . No building in the rear of any principal building on the same interior lot shall be used for residence purposes.
17.16.070 Part of building-determination
Chapter 17.20 A District Sections:
17.20.010 Permitted uses
17.20.020 Prohibited uses
17.20.030 Front yards
17.20.040 Rear yards
17.20.050 Side yards
17.20.060 Fences, walls, vision clearance
17.20.010 Permitted uses . Within the A residence district, unless otherwise provided in this chapter, no building or land shall be used for other than one or more of the following purposes:
A. Announcement signs and bulletin boards.
B. Churches, schools, public libraries, historical museums, clubs, lodges, social or community center buildings, excepting those whose chief function is a service or activity conducted or customarily conducted for gain; provided further, that before a permit is issued for such use by the city zoning officer, he shall have on file in his office the written consent of the owners of 75% of all the privately owned land within 300 feet of any part of the premises to be occupied by such use.
C. Farms, truck gardens, orchards and wood lots.
D. Horticultural nurseries and greenhouses for the
propagation of plants only provided there is no display of advertising, and provided further that before a permit is issued for such use by the city zoning officer, he shall have on file in his office the written consent of the owners of 90% of all the privately owned land within 300 feet of any part of the premises to be occupied by such use.
E. Hospitals, clinics, nursing homes, dispensaries and buildings of like character.
F. Municipal, state or federal buildings.
G. Offices or studios of professional persons, or space for home occupations not involving in any way the conduct of a business on the premises; providing that any such activity may only be carried on in the building which is used as a private dwelling of the proprietor; provided further, that any such activity shall not occupy more than 50% of the floor area of one story of such building; provided further, that not more than one person not a member of the family there residing shall be regularly employed in addition to the proprietor; provided further, that there shall be no display of goods and no advertising on the premises other than a small sign not to exceed one square foot in area and carrying only the name and occupation of any occupant of the premises; provided further, that the building or premises occupied shall not thus be rendered objectionable or detrimental to the residential character of the neighborhood due to exterior appearances, the emission of odor, gas, smoke, dust, noise or any other reason; and provided further, that any such building shall include no features of design not customary in building for residential
H. Playgrounds or parks.
I. Private garages and accessory buildings as provided in Chapter 17.28.
J. Real estate signs advertising for sale, rental or lease only the premises, lots or tracts on which they are located as provided in Chapter 17.32.
K. Single-family dwellings or two-family dwellings. Nothing in this section shall prevent the serving of meals to persons not members of a family or the renting of rooms to five or less persons or both such serving and renting; provided there is no display of advertising. Not more than two families may occupy one principal building on a lot in an A district except in those recognized apartment dwellings, in which event not more than two families shall occupy each apartment therein.
17.20.020 Prohibited uses . No residence or building within the A district or any building accessory thereto located upon the same lot shall be used for any retail or wholesale business or for any business or commercial purpose whatsoever, but this district shall be used solely as a residence district as set forth in this section and provided in this chapter.
17.20.030 Front yards
A. In the A district there shall be a front yard not less than 25 feet in depth on each lot.
B. No principal building shall be required to have a front yard depth exceeding 50 feet because of this chapter.
C. No detached private garage or accessory building may occupy any portion of a front yard in the A district.
D. The front yard depth of any church, library, club, community or social building, hospital or similar institution in an A district shall be 30% greater than that required for principal buildings in such districts.
E. The following exceptions and interpretations shall apply to the provisions of this section:
1. The front yard depth for a principal building located on a lot within 70 feet measured along the street line from the nearest corner of the lot under consideration, to any portion of two or more lots in the same block and which lots are occupied by dwellings that front on the same street as the proposed principal dwelling, shall be the average yard depth of such existing dwellings. In computing such front yard depth, existing buildings with front yard depths greater than 50 feet shall be assumed to have a front yard depth of 50 feet, and a building with a front yard depth of less than 25 feet shall be assumed to have a depth of 25 feet.
2. In such A district where the rear lot line of any corner lot forms the front part of the side lot line of an adjacent lot, a building on such adjacent lot shall not be required to have a front yard depth of more than three-fourths of the depth otherwise required under this chapter; provided such reduced depth shall not be less than the required depth for side yard of the principal building on said corner lot.
17.20.040 Rear yards . In the A district a rear yard not less than 20 feet is required for any lot. In computing the required depth of rear yards, one-half of the width of an alley in the rear of said lot shall be assumed to be a portion of the rear yard.
17.20.050 Side yards . In the A district there shall be a side yard on each side of each principal building as follows: The side yard for a principal building of one story shall be not less than 10 feet and for all principal buildings over one story, not less than 15 feet.
17.20.060 Fences, walls, vision clearance
A. In the A district, fences and walls not exceeding six feet in height are permitted within the limits of side and rear yards. A fence or wall or hedge not exceeding four feet in height is permitted within the limits of front yards. The portion of walls over four feet in height shall be 65% percent
open.
B. On any corner lot in the A district, no fence, wall, hedge or other structure shall be erected to a height of more than three feet above the curb grade line on any portion of the lot line that is closer than 20 feet from the corner of said lot at the intersection of the streets, and there shall be no planting of foliage which will obstruct the view of drivers of vehicles approaching the street intersection.
Chapter 17.24 B District Sections
17.24.010 Permitted uses
17.24.020 Special uses
17.24.010 Permitted uses . Within the B business and commercial district, no building or land shall be used for other than one or more of the uses specified in Chapter 17.20 as permissible in the A district or for other than one or more of the following purposes: Retail stores or trade shops where goods are stored or displayed for sale or services rendered; buildings for office purposes; banks; financial institutions; public halls; amusement places; dancehalls; skating rinks; lodging houses; boarding houses; hotels; telephone and telegraph offices and exchanges; restaurants; lunch counters; printing shops; beer taverns; art and photographic studios; and, for every and all kinds of businesses, manufacturing, trade, industry, shop for manufacturing, distribution, storage, and any and all purposes not in conflict with any ordinance of the city and not listed in Section 17.24.020.
17.24.020 Special uses . No building or premises shall be used for any of the following purposes unless the location thereof has been approved by the board of adjustment: A. Gasoline stations, gasoline storage, or dry cleaning establishments.
B. Livery stables, sales barns and storage for scrap, papers, rags, hides and junk. C. Rendering works, explosives manufacturing or storage, fertilizer manufacturing or garbage, offal or dead animal reduction or dumping, stockyards or slaughtering of animals.
D. Any trade, industry or use that is noxious or offensive to the health, senses and safety of the public.
Chapter 17.28 Garages and Accessory Buildings Sections
17.28.010 A District-garage-permitted
17.28.020 A District-garage-regulations
17.28.030 B District-permitted buildings
17.28.010 A District-garage-permitted . In the A district, a private garage is permitted in the side or rear yard on the same lot with a dwelling or in a separate building or in a separate room within or attached to the dwelling; provided, that space for not more than three motor vehicles is permitted on one lot. When wholly or partially within the limits of the side yard and attached to or a separate room within a principal building, such garage shall be considered as a part of such principal building and shall conform to all yard and space requirements as specified in this chapter for principal buildings. When wholly or partially within the limits of a rear yard and attached to or a separate room within a principal building such garage, if one story in height, may extend into the rear yard the distance its rear wall is beyond the rear wall of the principal building. Space for three or less motor vehicles may be leased to other residents on the premises.
17.28.020 A District-garage-regulations . The following regulations shall apply to Section 17.28.010:
A. Each detached private garage or accessory building shall be not less than two feet from a party lot line or alley line except that when any part of such building is within 50 feet of any street or public place upon which the lot abuts, such building shall be not less than six feet from any lot line which serves as the front portion of a side lot line to any adjoining property.
B. No detached garage or accessory building is permitted within the limits of a front yard.
C. A detached garage may be erected across a common lot line by mutual consent and agreement of the adjoining lot owners.
17.28.030 B District-permitted buildings . In the B district, public or private garages or accessory buildings are permitted on any part of the lot.
Chapter 17.32 Signs and Posters Sections
17.32.010 A District
17.32.020 B District
17.32.010 A District . In the A district, real estate signs advertising for sale, rental or lease only the premises, lots or tracts on which they are located are permitted; provided such signs shall be distant as far as possible from abutting property and at least 25 feet from any street line, or not more than five feet in front of any principal building which is set back less than 30 feet from the street line. The area in square feet of any such sign shall not exceed one-tenth of the continuous street frontage in feet of the lot or tract, except that a sign not exceeding eight square feet in area shall be permitted in any case.
17.32.020 B District . In B districts poster boards and advertising signs are permitted where such conform to all ordinance requirements of the city.
Chapter 17.36 Nonconforming Uses Sections
17.36.010 Pre-existing conditions
17.36.020 Structural alterations
17.36.030 Disuse or nonoccupancy
17.36.040 Scope of provisions
17.36.010 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.
17.36.020 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 exceed 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.
17.36.030 Disuse or nonoccupancy . If any building or premises ceases to be used either temporarily or permanently for the purpose of conducting or carrying on said nonconforming use or business, or should there be nonoccupancy of the building or premises, or an interruption or suspension of a 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 A district, said building and premises shall be used only for residential purposes.
17.36.040 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 therewith, nor to interfere with any easements, covenants or other property rights now existing as vested rights, nor in any way to permit the construction of any buildings contrary to the provisions of Chapter 15.04.
Chapter 17.40 Building Permits Sections
17.40.010 Requirement
17.40.020 Application-building plans
17.40.030 Application-forms
17.40.040 Records
17.40.050 Fees
17.40.060 Expiration-time extension
17.40.010 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 or moving of any building or structure, or of any building or structure, or of any portion thereof, without first having applied in writing to the city zoning officer for a building permit to do so and a building permit has been granted therefore.
17.40.020 Application-building plans . Every application for a building permit shall be in writing and delivered to the city zoning officer 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 said plans shall be retained by the city zoning officer as a permanent record and one set shall he returned to the applicant. In case of any building or structure to be located outside the fire district, the city zoning officer may, at his own discretion, permit the substitution of a written statement covering the essential information required in place of said plans.
17.40.030 Application-forms . Blank forms shall be provided by the city zoning officer for the use of those applying for permits as provided for in this chapter. Any permits issued by the city zoning officer shall be on standard forms for such purpose and furnished by the city.
17.40.040 Records . A careful record of all such applications, plans, and permits shall be kept in the office of the city zoning officer.
17.40.050 Fees . The fees to be charged for building permits from and after the passage of the ordinance codified in this chapter shall be as follows:
A. For work costing $500.00, the fee shall be $1.00.
B. For work costing $500.00 but not over $1,000.00, the fee shall be $1.50.
C. For work costing $1,000.00 but not over $2,500.00, the fee shall be $2.00.
D. For work costing over $2,500.00 but not over $5,000.00, the fee shall be $4.00.
E. For work costing over $5,000.00 but not over $10,000.00, the fee shall be $6.00.
F. For work costing over $10,000.00 but not over $15,000.00, the fee shall be $10.00.
G. For work costing over $15,000.00 but not over $25,000.00, the fee shall be $14.00.
H. For work costing over $25,000.00 but not over $50,000.00, the fee shall be $18.00.
I. For work costing over $50,000.00, the fee shall be $25.00.
17.40.060 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 of the date of issue, shall expire by limitation. No work or operation shall take place under such permit after such expiration. Upon payment of $0.10 per month on each $1,000.00 of the construction cost on which the original permit was issued, but not less than $1.00 per month in any case, a building permit may be once extended for a period not exceeding six months by the city zoning officer.
Chapter 17.44 Amendments Sections
17.44.010 Initiation-city council
17.44.020 Initiation-property owner
17.44.030 Public hearing
17.44.040 Protest-denial
17.44.050 Renewal
17.44.010 Initiation-city council . The city council, from time to time on its own initiative on petition or on recommendation by the board of adjustment, after public notice and hearings as provided by the board of adjustment or after ordinance, and after a report by the 30 days' written notice to said commission, may amend, supplement, or change the regulations or districts in this chapter or subsequently established.
17.44.020 Initiation-property owner . Whenever the owners of 50% or more of the area of the lots in any district or part thereof desire any amendment, supplement or change in any of the provisions of this chapter applicable to such area, they may file a petition with the city clerk requesting the city council to make such amendment, supplement or change. Such petition shall be accompanied by a map or diagram showing the area affected by the proposed amendment, supplement or change, together with the boundaries of the said area and the names and addresses of all the owners on record in the office of the county recorder of O'Brien County, Iowa of lots therein and within a distance of 200 feet outside of the boundaries of said area; and such petition shall immediately be transmitted to the board of adjustment for an investigation and report. The board of adjustment shall file its recommendations approving, disapproving or modifying the proposed amendment, supplement, or change with the city council within 30 days thereafter.
17.44.030 Public hearing . Upon the filing of said petition and said recommendations for the proposed amendment, supplement or change, the city council shall cause public notice of such proposed change and of the time for final hearing on same by the council, the same to be given by one publication in a newspaper published in Primghar, Iowa at least 15 days prior to the time of said hearing.
17.44.040 Protest-denial . If a written protest against any proposed amendment, supplement or change has been presented to the city council, signed by the owners of 20% or more, either of the area of the lots included in such proposed change or of those immediately adjacent in the rear thereof, extending the depth of one lot or not to exceed 200 feet therefrom, or of those directly opposite thereto, extending the depth of one lot or not to exceed 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of at least three-fourths of all the members of the city council.
17.44.050 Renewal . Whenever a petition requesting an amendment, supplement or change of any regulation prescribed by this chapter has been denied by the city council, such petition cannot be renewed for one year thereafter unless it is signed by the owners of at least 50% of the property who previously objected to the change. This provision, however, shall not prevent the city council from acting on its own initiative in any case or at any time as provided in this chapter.
Chapter 17.48 Board of Adjustment Sections
17.48.010 Establishment-members
17.48.020 Secretary-assistance of other city departments
17.48.030 Adoption of rules and regulations
17.48.040 Meetings
17.48.050 Appeals-procedure for action
17.48.060 Powers and duties
17.48.010 Establishment-members . A board of adjustment is established. Where the word "board" is used in this chapter it means the board of adjustment. The board shall consist of five members appointed by the mayor, subject to confirmation by the city council, and shall be appointed for terms of one, two, three, four, and five years, respectively, commencing March 1, 1946. At the expiration of the term of office of any board member, his successor shall be appointed for a term of five years. Any vacancy shall be filled in the same manner for the unexpired portion of the term. In the event of the absence from the city or the incapacity of a member, the mayor may appoint a substitute who shall serve as a member of the board with the same powers and authority as the regular member until such regular member has returned or has become incapacitated for further service. All members shall serve without compensation.
17.48.020 Secretary-assistance of other city departments The city clerk shall serve as the secretary of the board. In the absence of the secretary, the chairman of the board may appoint one of the members of the board to act as secretary pro tem for the meeting. The board shall have the power to call on any city department for assistance in the performance of its duties, and it shall be the duty of such department to render such assistance as may reasonably be required.
17.48.030 Adoption of rules and regulations . The board shall adopt from time to time, subject to the approval of the city council, such rules and regulations as it deems necessary to carry into effect the provisions of this chapter.
17.48.040 Meetings . The board shall annually elect its own chairman at the first meeting on or after April 1st of each fiscal year. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. There shall be a fixed place of meeting and all meetings shall be open to the public. The presence of four members shall be necessary to constitute a quorum. The secretary of the board shall keep minutes of its proceedings, showing the vote of each member upon each question. If a member is absent or fails to vote, the minutes shall indicate such fact. The board shall keep records of its examination and other official actions which shall be on file in the office of the city clerk at a public record.
17.48.050 Appeals-procedure for action . Appeals to the board may be taken by any person aggrieved or by any officer, department, or board of the city affected by any decision of the enforcing officer. Such appeal shall be taken within a reasonable time as provided by the rules of the board by filing with the secretary of the board a written notice of appeal specifying the grounds thereof. The secretary of the board shall give notice of such appeal to the city zoning officer who shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the city zoning officer certifies to the board after the notice of the appeal has been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record on application, on notice to the city zoning officer, and on due cause shown. The final disposition of any appeal shall be in the form of a resolution either reversing, modifying or affirming the decision or determination appealed from.
17.48.060 Powers and duties . The board of adjustment in specific cases shall have the following powers:
A. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the city zoning officer in the enforcement of the provisions of this chapter.
B. To authorize upon appeal in the following specific cases such variance from the terms of the chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the chapter will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done. Nothing in this title, however, shall be construed as giving the board the right, power, or authority to change the limits or extent of any district, or to grant permission for the erection or use of any building or the use of any land for a purpose which is specifically prohibited in this chapter as follows:
1. The erection and use of any accessory building on a lot in the A district before the erection of a principal building on such lot as provided in this chapter; provided such use is temporary and for a period of time not to exceed one year.
2. The extension of an existing building or use into a more restricted district immediately adjacent under such conditions as will safeguard the character of the more restricted district; provided that such extension shall not be permitted more than 50 feet beyond the boundary line of the district in which such building or use is authorized.
3. The extension or enlargement of an existing use located in a district restricted against such use, either by the extension or enlargement of an existing building or use of land, or by the erection of an additional building where such enlargement is necessarily incident to the trade, business or industry existing on the 20th day of February, 1946; provided that such extension or enlargement will not prove detrimental to or tend to alter the character of the neighborhood.
4. The erection of buildings or the use of land not in accordance with the requirements of this chapter, in the case of an undeveloped section of the city for a period not to exceed one year in any case where such building or uses are clearly incidental to and necessary for residential development, or are temporary only and will not tend to permanently alter the character of such section or any adjoining or nearby section.
5. The erection and use of a building or the use of land in any district by a public service corporation or for public utility purposes which the board considers reasonably necessary for the public convenience or welfare.
6. To permit any use in a district that is not specifically prohibited in such district and that is in keeping with and appropriate to the uses authorized in such district by the provisions of this chapter.
7. In specific cases upon appeal to permit a variance in the literal interpretation and application of the following specified provisions of the chapter:
a. Sections 17.16.050, 17.16.080, and 17.16.090.
b. Sections 17.28.010 through 17.28.030.
c. Chapter 17.32.
d. The minimum depth requirements for front yards as specified in subsections A, B and E of Section 17.20.030 may not be decreased in amount more than 25% in any individual case upon appeal unless there is on file with the board the written consent of the owners of all contiguous property within a distance of 100 feet from the nearest lot line of the lot in question; and provided further, that in no event shall the board decrease the required minimum front yard depth by more than
e. The minimum requirement for rear yards as specified in Section 17.20.040 may not be ecreased in amount more than 25% in any individual case upon appeal unless there is on file with the board the written consent of the owners of all property abutting on the rear yard of the lot under consideration.
f. The minimum requirements for side yards as specified in Section 17.20.050 may not be decreased in amount more than 25% in any individual case upon appeal unless there is on file with the board the written consent of the owners of all property abutting on the side yard of the lot under consideration.
g. Section 17.20.060.
Chapter 17.52 Enforcement Sections
17.52.010 Enforcing officer
17.52.020 Restraining, abating action
17.52.030 Violation-penalty
17.52.010 Enforcing officer . There is created the office of city zoning officer whose duty shall be the enforcement of the provisions of this chapter and who shall be appointed every two years by the city council of the city. His first term of office shall commence on the 1st day of March, 1946. Appeal from any decision of the city zoning officer may be made to the board of adjustment as provided in Chapter 17.48.
17.52.020 Restraining, abating action . In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, moved in, or maintained or any building, structure or land is used in violation of this chapter or other regulations made under authority conferred by this chapter, or by any provision of law, an action may be instituted and maintained by the city, either through its zoning officer or board of adjustment acting, appointed, or qualified under this chapter or by or through the city council to enjoin or restrain any such unlawful erection, construction, reconstruction, alteration, repair, conversion, moving in, maintenance, or use. The city may through said officers abate such violation or restrain and prevent the occupancy of such building, structure or land or enjoin and prevent any illegal act or the conducting of any business or use in or about such premises.
17.52.030 Violation-penalty . Any person, firm, partnership, corporation, or association of persons, whether acting directly or through employees or agents, that violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any provisions of this title is guilty of a misdemeanor, and, upon conviction thereof, shall for each offense be fined a sum not exceeding $100.00 or imprisoned in the city or county jail for a term not to exceed 30 days.