CITY CODE

165.01 Title	165.18 M-2 Heavy Industrial District
165.02 Purpose	165.19 Flood Plain Districts
165.03 Interpretation of Regulations	165.20 Special Permit – Procedure and Requirements
165.04 Definitions	165.21 Off-street Parking
165.05 Districts Established	165.22 Nonconforming Buildings and Uses
165.06 Official Zoning Map	165.23 Airspace Zoning
165.07 New Territory	165.24 Patios and Decks
165.08 Amending the Official Zoning Map	165.25 Fences
165.09 Application of Regulations	165.26 Board of Adjustment
165.10 A-1 Agricultural and Conservation District	165.27 Permits Required
165.11 R-1 Single and Two-family Residential District	165.28 Amendments to Regulations
165.12 R-2 Multiple-family Residential District	165.29 Amendments to Change District Boundaries
165.13 RPUD Residential Planned Unit Development	165.30 Administrative Standards
District	165.31 Enforcement
165.14 M-R Modified Residential District	165.32 Development Plan Requirements
165.15 Revised C-1 General Retail Business District	165.33 Sign Ordinance
165.16 C-M Commercial-Light Industrial District	165.34 CBD Central Business District
165.17 M-1 Light Industrial District

165.01 TITLE. This chapter shall be known and may be cited as the City of Cherokee, Iowa, Zoning Code.

165.02 PURPOSE. The purpose of these regulations 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 in the City.

165.03 INTERPRETATION OF REGULATIONS. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules and regulations or ordinances, the provisions of this chapter shall control.

165.04 DEFINITIONS. For the purpose of this chapter, the following terms and words are defined:

1. “Accessory use or building” means a use or structure subordinate to the principal use of a building or land on the same lot or parcel of ground and serving a purpose customarily incidental to the use of the principal building or use of land. However, for purposes of this subsection, an enclosed trailer, part of an enclosed trailer or a railcar shall not be used as an accessory use or building to a principal structure, unless (1) the enclosed trailer, part of an enclosed trailer or a railcar is used in conjunction with construction work and is promptly removed upon completion of the construction work, (2) the enclosed trailer, part of an enclosed trailer or railcar is on the premises to be unloaded and is, in fact, unloaded and removed within fourteen days, or (3) the enclosed trailer or part of an enclosed trailer is licensed, road worthy and moved from the premises for at least ten consecutive days during every six-month period. For purposes of this subsection, an enclosed trailer is a 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, enclosed to provide protection from the weather and having an overall area of more than one hundred twenty (120) square feet. Enforcement of this subsection shall begin six months following its final passage, approval and publication (April 5, 2001) to allow a reasonable period of time to come into compliance.
(Ord. 430 – Dec. 01 Supp.)

2. “Agriculture” means the use of land for the purposes of growing the usual farm products, including vegetables, fruit, trees and grains; pasturage; dairying; animal and poultry husbandry; and the necessary accessory uses for treating or storing the produce, provided that the operation of such accessory uses is secondary to that of the regular agricultural activities and provided further that the above uses do not include the commercial feeding of garbage or offal to swine or other animals.

3. “Airport” means the Cherokee County Regional Airport.

(Ord. 513 – Jun. 07 Supp.)

4. “Airport elevation” means the highest point of an airport’s usable landing area measured in feet above mean sea level, which elevation is established to be 1,212 feet.

5. “Airport hazard” means any structure or tree or use of land which would exceed the Federal obstruction standards as contained in fourteen (14) Code of Federal Regulations Sections 77.21, 77.23 and 77.25 and which obstructs the airspace required for the flight of aircraft and landing or takeoff at an airport or is otherwise hazardous to such landing or taking off of aircraft.

6. “Airport primary surface” means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

7. “Airspace height” means for the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

8. “Alley” means a public thoroughfare not more than twenty (20) feet in width.

9. “Apartment” means a room or suite of rooms in a multiple dwelling intended or designed for use as a residence by a single family.

10. “Apartment house” – see “dwelling, multiple.”

11. “Base flood” means the flood having one percent (1%) chance of being equaled or exceeded in any given year. (See 100-year flood.)

12. “Basement” means a story having more than one-half (½) of its height below grade. A basement is not counted as a story for the purpose of height regulations. As used in the Flood Plain district regulations, “basement” means any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides. Also see “lowest floor.”

13. “Billboard” includes all structures, regardless of the material used in the construction of the same, that are erected, maintained or used for public display of posters, painted signs, wall signs, whether the structure is placed on the wall or painted on the wall itself, pictures or other pictorial reading matter which advertises a business or attraction which is not carried on or manufactured in or upon the premises which said signs or billboards are located.

14. “Block” means the property abutting on one side of a street and lying within the two nearest intercepting or intersecting streets or nearest intercepting or intersecting streets and unsubdivided acreage or railroad right-of-way.

15. “Board” means the Board of Adjustment of the City.

16. “Building” means any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or property, but not including signs or billboards. When a structure is divided in separate parts by unpierced walls extending from the ground up, each part is deemed a separate building.

17. “Building, height of” means the vertical distance from the average natural grade at the building line to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridges for gable, hip and gambrel roofs.

18. “Building line” means the line of the outside wall of the building or any enclosed projection thereof nearest the street.

19. “Building permit” means a certificate issued permitting a contractor or builder to construct or reconstruct a building or structure.

20. “Camping” means using tents, huts, recreational vehicles or other temporary shelters for temporary lodging, outings or vacations.

21. “Camping trailer” means any vehicle designed, used or so constructed as to permit its being used as a conveyance upon the public streets or highways and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.

22. “Carport” means a roofed structure providing space for the parking of motor vehicles and enclosed on not more than two sides. For the purpose of this Code, a carport attached to a principal building is considered as part of the principal building and subject to all yard requirements herein.

23. “Child care center” means any private agency, institution, establishment or place which provides supplemental parental care and/or educational work, other than lodging overnight, for six (6) or more unrelated children of preschool age, for compensation.

24. “Clinic, medical or dental” means a building or buildings in which physicians, dentists or physicians and dentists and allied professional assistants are associated for the purpose of carrying on their profession.

25. “Commission” means the Cherokee Planning and Zoning Commission.

26. “Conditional use” means a use which is not allowed in the district as a matter of right, but which is permitted upon findings of the Commission that under the particular circumstances present, such use is in harmony with the principal permitted uses of the district. Allowable conditional uses are specifically listed under the district regulations. Uses not so listed shall not be allowed as conditional uses.

27. “Condominium” means an apartment house, the apartments or dwelling units of which are individually owned, each owner receiving a recordable deed enabling the owner to sell, mortgage, exchange, etc. said owner’s unit independent of the owners of the other apartments in the building.

28. “Control zone” means airspace extending upward from the surface of the earth which may include one or more airports and is normally a circular area of five (5) statute miles in radius, with extensions where necessary to include instrument approach and departure paths.

29. “Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

30. “District” means a section or sections of the City within which the regulations governing the use of buildings and premises or the height and area of buildings and premises are uniform.

31. “Dwelling” means any building or portion thereof which is designed and used exclusively for residential purposes.

32. “Dwelling, one-family” means a building having accommodations for and occupied exclusively by one (1) family.

33. “Dwelling, two-family” means a building designed for or occupied exclusively for residence purposes by two (2) families.

34. “Dwelling, multi-family” means a building designed for or occupied exclusively for residence purposes by three (3) or more families or housekeeping units living independently of each other.

35. “Essential services” means the erection, construction, alteration or maintenance by public utilities or governmental agencies of underground or overhead gas, electrical, communication or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, substations, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or governmental agencies or for the public health or safety or general welfare, but not including buildings.

36. “Existing construction” means any structure for which the “start of construction” commenced before the effective date of the community’s Flood Insurance Rate Map. May also be referred to as “existing structure.”

37. “Existing factory-built home park or subdivision” means a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the effective date of these flood plain management regulations.

38. “Expansion of existing factory-built home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

39. “Factory-built home” means any structure designed for residential use which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site. For the purpose of this chapter, factory-built homes include mobile homes, manufactured homes and modular homes and also includes “recreational vehicles” which are placed on a site for greater than 180 consecutive days and not fully licensed for and ready for highway use.

40. “Factory-built home park” means a parcel or contiguous parcels of land divided into two or more factory-built home lots for sale or lease.

41. “Family” means one or more persons occupying a single housekeeping unit and using common cooking facilities, provided that no such family shall contain over five (5) persons not related by blood, adoption or marriage.

42. “Farm” means an area of ten (10) acres or more which is used for the growing of the usual farm products such as vegetables, fruits, trees and grain, and their storage on the farm as well as for the raising thereon of the usual farm poultry and farm animals. The term “farming” includes the operation of such an area for one (1) or more of the above uses, including the necessary accessory uses for treating or storing the produce, provided, however, that the operations of such accessory uses shall be secondary to that of the normal farming activities and provided further that farming does not include the commercial feeding of garbage or offal to swine or other animals.

43. “Filling station” means any building or premises used for the dispensing sale, or offering for sale at retail of fuels or oil of which an attendant uses to service a vehicle.

44. “Flammable liquids” means any liquid which gives off flammable vapors, as determined by the flash point from an open-cup tester as used for test of burning oils, at or below a temperature of eighty (80) degrees Fahrenheit.

45. “Flood” means a general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source.

46. “Flood elevation” means the elevation floodwaters would reach at a particular site during the occurrence of a specific flood. For instance, the 100-year flood elevation is the elevation of floodwaters related to the occurrence of the 100-year flood.

47. “Flood Insurance Rate Map (FIRM)” means the official map prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community.

48. “Flood plain” means any land area susceptible to being inundated by water as a result of a flood.

49. “Flood plain management” means an overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of flood plains, including but not limited to emergency preparedness plans, flood control works, floodproofing and flood plain management regulations.

50. “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities which will reduce or eliminate flood damage to such structures.

51. “Floodway” means the channel of a river or stream and those portions of the flood plains adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one foot.

52. “Floodway fringe” means those portions of the flood plain, other than the floodway, which can be filled, leveed, or otherwise obstructed without causing substantially higher flood levels or flow velocities.

53. “Frontage” means all the property on one side of a street between two (2) intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

54. “Garage, attached” means a private garage attached to a main building by means of common wall, breezeway or roof.

55. “Garage, private” means an accessory building designed or used for the storage of vehicles by the occupants of the premises, including covered parking space or carports.

56. “Garage, public” means a building or portion thereof, other than a private or storage garage, designed or used for equipping, repairing, hiring, servicing, selling or storing motor-driven vehicles.

57. “Garage, storage” means a building or portion thereof designed or used exclusively for housing four (4) or more motor-driven vehicles.

58. “Group home” – See “Residential care facility.”

59. “Halfway house” – See “Residential care facility.”

60. “Historic structure” means any structure that is:

A. Listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing in the National Register;

B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or,

D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either (i) an approved state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in states without approved programs.

61. “Home Occupation” means an occupation or a profession conducted in a dwelling unit, which:

A. Is customarily carried on in a dwelling unit, and

B. Is carried on by a member of the family residing in the dwelling unit, and

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

D. Does not employ more than one person outside the immediate family, and

E. Has no exterior display, no exterior storage of materials, and no other exterior indication of the home occupation or variation from the residential character of the principal building, other than one exterior sign mounted flush with the face of the building, which sign shall not exceed three (3) square feet in area, and

F. Produces no offensive noises, vibration, smoke, dust, odors, heat or glare rendering such building or premises objectionable or detrimental to the residential character of the neighborhood.

62. “Hotel” means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests in contradistinction to a boarding house or lodging house.

63. “Instrument runway” means a runway having an existing instrument approach procedure utilizing air navigation facilities or area type navigation equipment, for which an instrument approach procedure has been approved or planned.

64. “Junk yard” means any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled or handled, including the dismantling or wrecking of automobiles or other vehicles or machinery, house-wrecking yards, used lumber yards and places or yards for storage of salvaged house-wrecking and structural steel materials and equipment; but not including areas where such uses are conducted entirely within a completely enclosed building.

65. “Livestock feedlots” means feedlots, buildings, or corrals in which four-legged animals are provided with feed and water.

66. “Lodging houses” means a dwelling, other than a hotel, motel, club, sorority house or fraternity house, where lodging is furnished for compensation to more than four (4) individuals for recreational purposes.

67. “Lot” means a parcel of land having its principal frontage on a public street or place or on a private residence street and whose area, occupied or to be occupied by a building and its accessory building, is of sufficient size to meet the open space requirements of this Code.

68. “Lot measurement” means:

A. “Depth” is the mean horizontal distance between the front and rear lot lines.

B. “Width” is the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the minimum building setback line.

69. “Lot of record” means a lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder; or a parcel of land, the deed to which was recorded in the office of the County Record prior to the adoption of these regulations.

70. “Lot types” means:

A. “Corner lot” is a lot located at the intersection of two (2) or more streets.

B. “Interior lot” is a lot other than a corner lot with only one frontage on a street other than an alley.

C. “Double frontage lot” is a lot other than a corner lot with frontage on more than one street other than an alley. Lots with frontage on two (2) nonintersecting streets may be referred to as “through” lots.

D. “Reversed corner lot” is a corner lot, the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.

E. “New lot” is a lot which has not been recorded in the office of the County Recorder prior to the adoption of these regulations.

71. “Lowest floor” means the floor of the lowest enclosed area in a building including a basement except when all the following criteria are met:

A. The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of Section 165.19(10)(D)(1); and

B. The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses such as building access, parking or storage; and

C. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one foot above the 100-year flood level; and

D. The enclosed area is not a “basement” as defined in this section.

In cases where the lowest enclosed area satisfies criteria A, B, C and D above, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above.

72. “Minimum descent altitude” means the lowest altitude expressed in feet above mean sea level, to which descent is authorized on final approach or during circle-to-land maneuvering in execution of a standard instrument approach procedure, where no electronic glide slope is provided.

73. “Minimum en route altitude” means the altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes.

74. “Minimum obstruction clearance altitude” means the specified altitude in effect between radio fixes on VOR airways, off-airways routes, or route segments which meets obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage only within twenty-two (22) miles of a VOR.

75. “Mobile home” – See definition in Chapter 146 of this Code of Ordinances.

76. “Mobile home park” – See definition in Chapter 146 of this Code of Ordinances.

77. “Manufactured home” – See definition in Chapter 146 of this Code of Ordinances.

78. “Motel” means a group of two (2) or more buildings containing guest rooms or apartments, with automobile storage space serving such rooms or apartments, which group is designed, intended or used primarily for the accommodation of automobile travelers, and includes groups designated as auto courts, tourist cabins or motor lodges, but not trailer camps.

79. “New construction” (new buildings, factory-built home parks) means those structures or development for which the start of construction commenced on or after the effective date of the Flood Insurance Rate Map.

80. “New factory-built home park or subdivision” means a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of these flood plain management regulations.

81. “Nonconforming use” means the lawful use of a building or of land at the time of the enactment of these regulations or amendment thereto which does not conform to the regulations as to use for the district in which it is located.

82. “Nursing or convalescent home” means a building or structure having accommodations and where care is provided for invalid, infirm, aged, convalescent, or physically disabled persons, not including insane and other mental cases, inebriate or contagious cases.

83. “100-Year Flood” means a flood, the magnitude of which has a one percent (1%) 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 (100) years.

84. “Parking space” means a space within a building or on a private or public parking area, for the parking of one automobile.

85. “Permit” means a zoning compliance permit issued by the zoning administrative officer, authorizing the use of land in the manner and purpose specified by these regulations.

86. “Porch, unenclosed” means a roofed projection which has no more than fifty percent (50%) of each outside wall area enclosed by a building or siding material other than meshed screens.

87. “Poultry feedlots” means feedlots, buildings or corrals in which poultry is provided with feed and water.

88. “Principal use” means the main use of land or structures, as distinguished from an accessory use.

89. “Public notice” means the publication of the time and place of any public hearing, not less than fifteen (15) days prior to the date of said hearing, in at least one newspaper having general circulation in the City.

90. “Quonset hut” means a prefabricated shelter made of corrugated metal, shaped like a longitudinal half of a cylinder resting on its flat surface.

91. “Recreational vehicle” means a vehicle which is:

A. Built on a single chassis;

B. Four hundred (400) square feet or less when measured at the largest horizontal projection;

C. Designed to be self-propelled or permanently towable by a light duty truck; and

D. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

92. “Residential care facility” means a place, building or agency providing for a period exceeding twenty-four (24) consecutive hours accommodation, board, personal assistance and other essential daily living activities to individuals (no more than twelve) who, by reason of illness, disease, physical or mental infirmity, are unable to care for themselves but who do not require continuous nursing or medical services.

93. “Retail complex” means a structure or group of structures housing two (2) or more stores or shops for the conducting of any lawful retail business.

94. “Runway” means a runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on a FAA approved airport layout plan, military services approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.

95. “Sign” (Repealed by Ordinance No. 440 – Dec. 01 Supp.)

96. “Sign, off-site” (Repealed by Ordinance No. 440 – Dec. 01 Supp.)

97. “Sign, on-site” (Repealed by Ordinance No. 440 – Dec. 01 Supp.)

98. “Special flood hazard area” means the land within a community subject to the “100-year flood.” This land is identified as Zone A on the Flood Insurance Rate Map.

99. “Special permit use” means a use which is normally allowed in a district, but which is of such a nature as to possess potential to create a public nuisance. Special permit uses are specifically listed under the district regulations. Uses not so listed shall not be allowed as special permit uses. Special permit uses shall be processed subject to the regulations outlined in Section 165.20 and permit shall be issued based upon the findings of the Commission.

100. “Stable, private, public, and riding academy” means a building or structure used or intended to be used commercially for the housing of horses. Riding instructions may be given in connection with a public stable or riding academy.

101. “Start of construction” includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

102. “Story” means that portion of a building contained between any floor and the next floor above it; or if there is no floor, then the space between the floor and the ceiling above it.

103. “Story, half” means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than four (4) feet above the top floor level. A half-story containing independent apartment or living quarters shall be counted as a full story.

104. “Street” means any public or private thoroughfare, other than an alley, which affords access to abutting property, including boulevard, highway, road, avenue, drive, or lane, which is a minimum of twenty (20) feet wide and reserved for vehicles.

105. “Street fixtures” means any City-owned fixtures including, but not limited to the following: fire hydrants, light poles and fixtures, bridges, traffic control devices and signs, planters and benches.

106. “Structures” means anything erected or constructed, the use of which requires location on the ground or attachment to something having location on the ground.

107. “Structural alterations” means any change except those required by law or ordinance in supporting members of a building, such as bearing walls, columns, beams, or girders, not including openings in bearing walls as permitted by existing ordinances.

108. “Substantial improvement” means any improvement to a structure which satisfies either of the following criteria:

A. 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 (i) before the “start of construction” of the improvement, or (ii) if the structure has been “substantially damaged” and is being restored, before the damage occurred. The term does not, however, include any project for improvement of a 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. The term also does not include any alteration of an “historic structure,” provided the alteration will not preclude the structure’s designation as an “historic structure.”

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

109. “Swimming pool” means any body of water which has a minimum depth of eighteen (18) inches or more in an artificial or semi-artificial receptacle of permanent construction.

110. “Tourist home” means a dwelling in which overnight accommodations are provided for transient guests for compensation.

111. “Townhouse” or “row house” means a type of one-family dwelling where common walls are used on both sides of the structure for economy. The shape tends to be narrow and deep to maximize the number of units in a row. A townhouse and the lot upon which it is situated shall be each individually owned, each owner receiving a recordable deed.

112. “Yard” means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward excepting as otherwise provided herein.

113. “Yard, front” means a yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the main building, other than steps or unenclosed balconies. Bay windows and similar features may project not more than three (3) feet into any front yard, if their width is less than one-third (1/3) of the width of the building.

114. “Yard, rear” means a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building, other than open porches, steps or unenclosed balconies. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

115. “Variance” means a grant of relief by a community from the terms of the flood plain management regulations.

116. “Violation” means the failure of a structure or other development to be fully compliant with this chapter.

117. “Zoning Administration Officer” means the person appointed by the Council to administer and enforce these regulations.

165.05 DISTRICTS ESTABLISHED. For the purpose of these regulations, the City is hereby divided into the following nine (9) primary use districts:

“A-1” Agricultural and Conservation District

“R-1” Single- and Two-family Residential District

“R-2” Multiple-family Residential District

“RPUD” Residential Planned Unit Development

“M-R” Modified Residential District (Mobile Home Park)

“C-1” General Retail Business District

“C-M” Commercial – Light Industrial District

“M-1” Light Industrial District

“M-2” Heavy Industrial District

In addition, the flood plain area of the City is hereby divided into the following districts:

“FW” Floodway District

“FF” Floodway Fringe District

“FP” General Flood Plain District

These overlay districts provide special regulations designed to reduce flood losses and the requirements of the overlay districts are in addition to those contained in the underlying primary use district.

165.06 OFFICIAL ZONING MAP. The boundaries of the nine (9) primary use districts are hereby established as shown on the Official Zoning Map. The boundaries of the flood plain districts (overlays) are hereby established as shown on the Flood Plain Zoning Overlay Map, which shall be an attachment to the Official Zoning Map. The water surface profiles prepared as a part of the Cherokee, Iowa, Flood Insurance Study shall also be an attachment to the Official Zoning Map. The Official Zoning Map, together with all explanatory matter thereon, and attachments, are hereby adopted by reference. The Official Zoning Map and Flood Plain Zoning Overlay Map bear the signatures of the Mayor attested by the Clerk and the date of adoption and shall be and remain on file in the office of the Clerk. The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map or the Flood Plain Zoning Overlay Map. Where there appears to be a conflict between the mapped boundary on the Flood Plain Zoning Overlay Map and actual field conditions, the Zoning Administration Officer shall interpret the district boundaries.†

165.07 NEW TERRITORY. All territory which may hereafter be annexed to the City shall automatically be classed as lying and being in the district classification that is most similar to the County zoning classification previously assigned to the property until such classification shall have been changed by amendment to the zoning regulations as provided by law.

165.08 AMENDING THE OFFICIAL ZONING MAP. Amendments, supplements, or changes of the boundaries of districts as shown on the Official Zoning Map, including the Flood Plain Zoning Overlay Map, shall be made by an ordinance amending the zoning regulations. The amending ordinance shall refer to the official zoning map and shall set out the identification of the area affected by legal description and identify the zoning district as the same exists and the new district designation applicable to said property. Said ordinance shall, after adoption and publication, be recorded by the Clerk as other ordinances and a certified copy thereof be attached to the official zoning map. Such amendatory ordinance shall, however, not repeal or reenact said map, but only amend it. The Official Zoning map and Flood Plain Zoning Overlay map, together with amending ordinances, shall be the final authority as to the current zoning status of land and water areas, building, and other structures in the City. Any changes in the Official Flood Plain Zoning Overlay Map must also have the approval of the Iowa Department of Natural Resources before becoming effective.

165.09 APPLICATION OF REGULATIONS. Except as hereinafter provided, no building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved, or altered unless in conformity with the regulations herein specified for the district in which it is located.

165.10 A-1 AGRICULTURAL AND CONSERVATION DISTRICT. Following are the regulations for the A-1 Agricultural and Conservation District.

1. Purpose. This district is designed to preserve in agricultural uses land for eventual development in other uses. A change of zoning from A-1 to any other classification shall be in accordance with planning practice established by the Commission.

2. Permitted Uses. The following uses are permitted in all A-1 Districts:

A. Agriculture and the usual agricultural buildings, structures, including one (1) mobile home.

B. Essential services.

C. One and two-family dwellings with accessory buildings.

D. Public parks, recreation areas, private recreational areas and centers, including country clubs, swimming pools and golf courses, camping grounds, public and private forests, wildlife preserves and similar conservation areas.

E. Cemeteries, including mausoleums and crematories, provided that any mausoleum and crematory shall be distant at least two hundred (200) feet from adjacent property and street and highway lines, and provided further that any new cemetery shall contain an area of twenty (20) acres or more.

F. Commercial kennels for the raising, breeding and boarding of dogs and other small animals, providing that all buildings, including runways, be at least two hundred (200) feet from all property lines.

G. Stables, private and public, and riding academies and clubs and other structures for housing animals or fowl. Any such structures must be located at least two hundred (200) feet from all boundary lines of the property on which located.

H. Commercial swimming pools, golf courses, fishing lakes, gun clubs, skeet-shooting ranges and similar uses.

I. Signs. (Repealed by Ordinance No. 440 – Dec. 01 Supp.)

J. Nurseries and greenhouses.

K. Home occupations as defined herein.

L. Roadside stands not exceeding four hundred (400) square feet in floor area, for the sale of agricultural products grown on the premises.

M. Other accessory uses and buildings customarily appurtenant to a permitted use.

3. Conditional Uses. In the A-1 District, the following conditional uses are permitted subject to the approval of the Commission:

A. Name plates and non-illuminated signs not to exceed twenty (20) square feet in area identifying the premises, but not containing over twenty percent (20%) brand advertising.

B. Commercial mines, quarries and gravel pits.

C. Public and semi-public buildings and structures and uses of an administrative, educational, religious, cultural or public service type including colleges.

D. Billboards and signs. (Repealed by Ordinance No. 440 – Dec. 01 Supp.)

E. Livestock. With regard to cattle there is a limitation to one head with calf per acre, grazing only, with no feedlots or confinements.
(Ord. 425 – Dec. 01 Supp.)

4. Prohibited Uses. The following uses are prohibited in the A-1 District:

A. Hogs.

B. Poultry.

(Ord. 425 – Dec. 01 Supp.)

5. Space Limits. The space limits for the A-1 District are as follows:

A. Minimum lot area – 1 acre (43,560 square feet)

B. Maximum height of building – 35 feet

C. Minimum front yard – 30 feet

D. Minimum rear yard – 20 feet

E. Minimum side yard – 10 feet

F. Minimum side yard at corner – 25 feet

G. Maximum ground coverage including accessory buildings – 10%.

6. Parking. Off-street parking space shall be provided for all uses established in this district. See Section 165.21.

7. Height Requirements. Fire towers, ornamental towers and spires, radio, television or microwave towers may be erected to a height in accordance with existing or hereafter adopted regulations of the City, provided, however, that no tower shall be permitted to extend into the approach of clear zone of any public airport.

8. Miscellaneous Provisions. Only one building for living purposes shall be permitted on one zoning lot except as otherwise provided herein.

165.11 R-1 SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT. Following are the regulations for the R-1, Single and Two Family Residential District.

1. Purpose. This district is designed to provide for one- and two-family dwelling areas on lots of moderate size.

2. Principal Permitted Uses. The following uses are permitted in all R-1 Districts:

A. One and two-family dwellings. All dwellings shall be built or installed on a permanent foundation system, which system extends below the frost line and is attached to the dwelling.

B. Churches and places of worship and parochial schools.

C. Public schools, public libraries, parks, playgrounds.

D. Essential services.

E. Accessory buildings, including a private garage, either separate or a part of the main building. Such accessory buildings shall not be used as dwellings.

F. Temporary buildings used incident to construction work and shall be removed upon abandonment or completion of construction.

G. No cellar or basement home shall be occupied as living quarters.

H. Private greenhouses not operated for commercial purposes.

I. Community swimming pool, not closer than one hundred (100) feet to nearest dwelling unit, enclosed by fence five (5) feet high.

J. Private swimming pool and tennis courts enclosed by fencing which is at least five (5) feet high.

3. Permitted Accessory Uses. The following accessory uses are permitted in the R-1 District:

A. Home occupations.

B. The parking of one unoccupied travel trailer or camping trailer shall be permitted in the front yard for a period not to exceed thirty (30) days.

C. Real estate lease or sales signs not over nine (9) square feet in area relating to the property on which the sign is located. Such sign shall be not closer to the curb than fifteen (15) feet.

D. Professional service sign not to exceed three (3) square feet in area identifying the premises and occupant.

E. Other accessory uses customarily and normally found to be appurtenant to uses permitted in this district.

F. Rental of sleeping rooms to two (2) individuals not members of the family of the occupant of the dwelling. No signs advertising the availability of such rooms shall be displayed.

4. Excluded Uses. The following uses are excluded in the R-1 District:

A. Uses not permitted as principal permitted uses or permitted accessory uses are hereby prohibited.

B. The following buildings or units shall not be used for an accessory building or a living unit in this district:

(1) Bus

(2) Car

(3) Van

(4) Truck

(5) Semi-truck

(6) Quonset hut

(7) Railroad car

(8) Railroad caboose

(9) Camp trailer

(10) Steel granary

(11) House trailer

(12) Mobile home

C. Billboards (Repealed by Ordinance No. 440 – Dec. 01 Supp.)

5. Conditional Uses. There are no conditional uses in the R-1 District.

6. Space Limits. The following space limits apply in the R-1 District:

A. New lots:

(1) Minimum lot area – 8,000 square feet.

(2) Minimum width of lot – 80 feet average.

(3) Maximum height of building – 35 feet or two and one-half (2½) stories

(4) Minimum front yard – 30 feet.

(5) Minimum rear yard – 20 feet.

(6) Minimum side yard – 10 feet.

(7) Minimum side yard at street corner – 25 feet.

(8) Maximum ground coverage including accessory buildings – 40% of the area of the lot. If more than one lot is used, the percentage shall be computed on combined size of the lots.

(9) Minimum width of building – 20 feet.

(10) Minimum length of building – 20 feet.

(11) Minimum square footage of building – 600 feet.

B. Existing Lots; Vacant or the Restoration of an Occupied Lot.

(1) Minimum lot area – 5,000 square feet.

(2) Minimum width of lot – 50 feet.

(3) Maximum height of building – 35 feet or two and one-half (2½) stories).

(4) Minimum front yard – setback yard depth on new or altered buildings shall conform to the average setback of existing buildings.

(5) Minimum rear yard – 10 feet, except when: (a) a garage is to be entered directly from an alley in a perpendicular or nearly perpendicular manner, the garage setback shall be 20 feet; and (b) an existing accessory (non-conforming) structure that does not comply with the 10-foot minimum rear yard requirement is to be utilizing the same footprint, then the minimum rear yard may be reduced to 5 feet, provided that entry from an alley is prohibited. (Ord. 545 – Jul. 09 Supp.)

(6) Minimum side yard – 5 feet. If an existing structure that does not comply with the 5-foot minimum rear yard is to be replaced, then the minimum side yard may be reduced to 3 feet. (Ord. 545 – Jul. 09 Supp.)

(7) Minimum side yard at street corner – 15 feet.

(8) Maximum ground coverage including accessory buildings – 40% of the area of the lot. If more than one lot is used, the percentage shall be computed on the combined size of the lots.

(9) Minimum width of building – 20 feet.

(10) Minimum length of building – 20 feet.

(11) Minimum square footage of building – 600 feet.

C. Accessory Use.

(1) Minimum front yard – 30 feet. No accessory building may be erected in any required front yard.

(2) Minimum rear yard – 10 feet. If a garage is entered directly from an alley in a perpendicular or nearly perpendicular manner, the garage setback shall be 20 feet from the rear lot line.

(3) Minimum side yard – 5 feet.

(4) Minimum side yard at street corner – 15 feet.

(5) Accessory buildings located in the rear or side yard shall not exceed 30% of the square footage of the rear yard, which is measured from the back plane of the house to the rear property line. The aggregate of all accessory buildings shall not exceed 1,008 square feet.

(Ord. 532 – Jul. 08 Supp.)

(6) The maximum height of any accessory building shall equal the height of the house or measure 18 feet from the floor to the peak, whichever is less.

(7) Accessory buildings over 10 x 12 feet must be sided with material similar to that on the principal structure. Roof pitch and material should also be similar to the principal structure. (Ord. 477 – Aug-04 Supp.)

(8) No accessory building(s) may be placed upon any lot before a principal structure is constructed.

(Ord. 445 – Jun. 03 Supp.)

D. Maximum height for this district shall be 35 feet or two and one-half (2½) stories, except for the following:

(1) Water tanks and utility poles.

(2) Church steeples.

(3) Television antennas.

(4) Flagpoles.

(5) All other uses which are not used for human habitation.

(6) Exceptions to the above: uses that would constitute a hazard to airport operations or to other vehicular operations, public or private.

7. Parking. Off-street parking shall be provided to accommodate all vehicles for dwelling units. All others, see Section 165.21.

8. Special Permit Uses. The following uses and structures may be permitted in the R-1 District subject to the provisions of Section 165.20 and subject to the standards and requirements of these regulations regarding such special permit use.

A. Townhouse/row house complex as defined in this chapter and subject to the following:

(1) Minimum lot width – 30 feet for each townhouse unit.

(2) Minimum lot size – 3,000 square feet for each dwelling unit.

(3) No more than six (6) individual townhouse units or lots proposed for such use shall be connected in a continuous row. Where units are not connected, a minimum distance of twelve (12) feet shall be maintained between structures.

(4) Minimum side yard – 12 feet for each townhouse/
row house complex.

(5) Each townhouse/row house development shall contain a minimum of three (3) units.

(6) The front and rear yard for townhouse structures shall be maintained uniformly for each development, provided no such front yard is less than thirty-five (35) feet and no rear yard is less than thirty (30) feet. Where a complex is located on a corner lot, a minimum of twenty (20) feet will be maintained as a side yard adjacent to the street.

B. Metal sided buildings exceeding 10 x 12 feet in size.

9. Standards and Requirements for Townhouse/row house Complex.

A. Minimum Area of Tract. The tract of land for use as townhouse/ row house complex shall be under single or joint ownership. A minimum of thirty percent (30%) of the total land area shall be designated and developed for park and open space purposes, not including the required yard areas and public or private street right-of-way.

B. Procedures. When a property owner or developer wishes to develop a tract of land for townhouse/row house development, he/she may apply for a special permit use. The townhouse/
row house development shall be subject to the requirements of the district in which the permit is issued and the additional requirements for the specified special permit use.

C. Council and Commission Notification. Prior to application for a special permit use for townhouse/row house development, the applicant shall notify the Commission and the Council of his/her intent to apply for a special use permit for townhouse/row house development. Such notification shall include a sketch of the proposed development drawn to scale on a topographic survey map indicating the location of the proposed development to existing or platted streets, existing utilities and public facilities, and the present zoning and development of adjacent properties.

(1) Within thirty (30) days after such notification the Commission shall review the proposed development from the information provided, submit any comments and the requirements pertaining to the proposed development for review by Council. The Council shall then consult with the developer, informing him/her of the requirements pertaining to the proposed development as required by this and all other applicable ordinances and regulations; after which he/she may apply for a special permit use for townhouse/row house development.

(2) Such applicant also shall prepare and submit a preliminary development plan for review and approval by the Commission which shall include:

a. A topographic map showing contours at intervals of two (2) feet.

b. A plot plan showing: (1) building and sign structure locations on the tract; (2) access for streets; (3) parking arrangement and number of spaces; (4) interior drives and service areas; and (5) area set aside for public open space.

c. Location map showing the development and zoning of the adjacent property within two hundred (200) feet, including the location and the type of buildings and structures thereon.

d. The full legal description of the boundaries of the properties to be included in the area for which the permit is issued.

e. A map showing the general arrangement of streets within an area of 1,000 feet from the boundaries of the area for which the permit is issued.

f. A map showing location of proposed sewer, water and other utility lines.

g. A description of general character of proposed buildings and any signs to be placed on the site.

(3) The applicant may further be asked to furnish other information, such as typical building floor plans, building elevations to show the general architectural character of the buildings, some indications as to size and type of landscape of plant materials, pavements, and other major site developments.

(4) The applicant shall provide financial plans and description of the intended means of financing proposed common areas and improvements, statements covering ownership of common easements and common areas, and maintenance of the proposed development. All such plans, statements and homeowners associations or agreement shall be reviewed by the Council and the City Attorney prior to the issuance of a special permit for townhouse/row house development.

(5) Upon approval of the preliminary development plan by the Commission, the applicant shall prepare and submit a final development plan, which shall incorporate any changes or alterations requested. Alterations in the preliminary schedule of construction shall be submitted at this time. The final development plan and the Commission’s recommendation shall be forwarded to the Council for their review and final action.

(6) Changes in the development plan which increase the number of dwelling units, lot sizes, area of tract of land, the arrangement of buildings, number of parking spaces, and increase in the size or number of other public improvements, and the alignment of the driveways and roadways shall require a resubmission for approval of the application for a special permit use. Any minor changes or adjustments or decrease in the number of dwelling units, common facilities and recreation facilities may be approved by the Zoning Administrator without resubmission.

(7) In the event that, within eighteen (18) months after approval by the Council, the applicant does not proceed with construction in accordance with the plan so approved, the special permit shall expire. The Commission shall have the power to extend the special permit deadlines for a maximum of six (6) months where the developer can show substantial reason for doing so.

D. All uses prohibited in the R-1 District in which this special permit is issued are prohibited in the special permit uses for townhouse/row house development.

165.12 R-2 MULTIPLE-FAMILY RESIDENTIAL DISTRICT. Following are the regulations for the R-2 Multiple-family Residential District.

1. Purpose. This district is designed to provide for a medium density residential environment.

2. Principal Permitted Uses. The following uses are permitted in the R-2 District:

A. All uses permitted in the R-1 District, subject to all restrictions specified in the R-1 Districts.

B. Condominiums.

C. Multiple-family dwellings, group homes and halfway houses, including apartment houses.

D. Hospitals, clinics, sanitariums, nursing and convalescent homes and funeral parlors.

E. Clubs and lodges; all non-commercial.

F. Cemetery, nurseries and greenhouses.

G. Essential services.

3. Permitted Accessory Uses. The following accessory uses are permitted in the R-2 District:

A. All accessory uses permitted in the R-1 District, subject to all restrictions specified in the R-1 District.

B. Home occupations.

4. Excluded Uses. The following uses are excluded in the R-2 District:

A. Uses not permitted as principal permitted uses, conditional uses or permitted accessory uses are hereby prohibited.

B. The following buildings or units shall not be used for an accessory building or a living unit in this district:

(1) Bus

(2) Car

(3) Van

(4) Truck

(5) Semi-truck

(6) Quonset hut

(7) Railroad car

(8) Railroad caboose

(9) Camp trailer

(10) Steel granary

(11) House trailer

C. Billboards. (Repealed by Ordinance No. 440 – Dec. 01 Supp.)

5. Conditional Uses. The following conditional uses are permitted in the R-2 District:

A. Fraternity and sorority houses when directly associated with a college or university.

B. Child care centers.

6. Space Limits. The following space limits apply in the R-2 District:

A. New lots for single-family and two-family structures.

(1) Minimum lot area – 7,000 square feet.

(2) Minimum width of lot – 70 feet.

(3) Maximum height of building – 35 feet or two and one-half (2½) stories

(4) Minimum front yard – 25 feet.

(5) Minimum rear yard – 20 feet.

(6) Minimum side yard – 10 feet.

(7) Minimum side yard at street corner – 20 feet.

(8) Maximum ground coverage including accessory buildings – 70% of the area of the lot. If more than one lot is used, the percentage shall be computed on combined size of the lots.

(9) Minimum width of building – 20 feet.

(10) Minimum length of building – 20 feet.

(11) Minimum square footage of building – 600 feet.

B. Accessory uses to single-family structures and two-family structures on new lots:

(1) Minimum front yard – 25 feet. No accessory building may be erected in any required front yard.

(2) Minimum rear yard – 10 feet. If a garage is entered directly from an alley in a perpendicular manner, the garage setback shall be 20 feet from the rear lot line.

(3) Minimum side yard – 5 feet.

(4) Minimum side yard at street corner – 25 feet.

(Ord. 532 – Jul. 08 Supp.)

(6) The maximum height of any accessory building shall equal the height of the house or measure 18 feet from the floor to the peak, whichever is less.

(7) Accessory buildings over 10 x 12 feet must be sided with material similar to that on the principal structure. Roof pitch and design should be complimentary to the principal structure.

(8) No accessory building(s) may be placed upon any lot before a principal structure is constructed.

(Ord. 446 – Jun. 03 Supp.)

C. Existing lots for single-family and two-family structures.

(1) Minimum lot area – 5,000 square feet.

(2) Minimum width of lot – 50 feet.

(3) Maximum height of building – 35 feet or two and one-half (2½) stories.

(4) Minimum front yard – setback yard depth on new or altered buildings shall conform to the average setback of existing buildings.

(5) Minimum rear yard – 10 feet.

(6) Minimum side yard – 5 feet.

(7) Minimum side yard at street corner – 15 feet.

(8) Maximum ground coverage including accessory buildings – 40% of the area of the lot. If more than one lot is used, the percentage shall be computed on the combined size of the lots.

D. Accessory uses to single-family structures and two-family structures in existing lots.

(1) Minimum front yard – setback yard depth on new or altered buildings shall conform to the average setback of existing accessory buildings.

(2) Minimum rear yard – 10 feet. If a garage is entered directly from an alley in a perpendicular manner, the garage setback shall be 20 feet from the rear lot line.

(3) Minimum side yard – 5 feet.

(4) Minimum side yard at street corner – 15 feet.

(Ord. 532 – Jul. 08 Supp.)

(6) The maximum height of any accessory building shall equal the height of the house or measure 18 feet from the floor to the peak, whichever is less.

(7) Accessory buildings over 10 x 12 feet must be sided with material similar to that on the principal structure. Roof pitch and design should be complimentary to the principal structure.

(8) No accessory building(s) may be placed upon any lot before a principal structure is constructed.

(Ord. 446 – Jun. 03 Supp.)

E. Multiple-family structures.

(1) Minimum lot area – 2,000 square feet per dwelling unit.

(2) Minimum zoning lot – 9,000 square feet.

(3) Minimum width of lot – 80 feet.

(4) Minimum front yard – 25 feet.

(5) Minimum rear yard – 30 feet.

(6) Minimum side yard – 12 feet.

(7) Minimum side yard at street corner – 20 feet.

(8) Maximum ground coverage including accessory buildings – 75%.

(9) Minimum width of building – 20 feet.

(10) Minimum length of building – 20 feet.

(11) Minimum square footage of building – 600 feet.

F. Multiple-family structures on existing lots:

(1) Minimum lot area – 1,800 square feet per dwelling.

(2) Minimum lot – 5,000 square feet.

(3) Minimum width of lot – 50 feet.

(4) Minimum front yard – 25 feet.

(5) Minimum rear yard – 20 feet.

(6) Minimum side yard – 6 feet.

(7) Minimum side yard at street corner – 20 feet.

(8) Maximum ground coverage including accessory buildings – 40%.

G. Accessory uses for multiple-family structures:

(1) Minimum front yard – 25 feet.

(2) Minimum rear yard – 10 feet.

(3) Minimum side yard – 5 feet.

(4) Minimum side yard at street corner – 25 feet.

H. Maximum height for this district shall be 50 feet or four (4) stories, except for the following or if otherwise stated:

(1) Water tanks and utility poles.

(2) Church steeples.

(3) Television antennas.

(4) Flagpoles.

(5) All other uses which are not used for human habitation.

(6) Exceptions to the above: uses that would constitute a hazard to airport operations or to other vehicular operations, public or private.

7. Parking. Off-street parking shall be provided to accommodate all vehicles for dwelling units. All others, see Section 165.21.

8. Special Permit Uses. The following uses and structures may be permitted in the R-2 District subject to the provisions of Section 165.20 and subject to the standards and requirements of these regulations regarding such special permit use.

A. Townhouse/row house complex as defined in this chapter and subject to the requirements and standards for townhouse/row house development as provided for in the R-1 Single- and Two-family Residential District regulations regarding such special permit use, provided a minimum of twenty percent (20%) of the total land area shall be designated for park and open space purposes, not including the required yard and public or private street right-of-way.

B. Metal sided buildings exceeding 10 x 12 feet in size.

165.13 RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. Following are the regulations for the RPUD, Residential Planned Unit Development District.

1. Purpose. This district is intended to provide for the orderly development or redevelopment of tracts of land on a unit basis in order to allow a greater flexibility of land use and building locations than is allowed in the R-1 Single-family and R-2 Multiple-family Residential Districts.

2. Principal Permitted Uses. The following uses are permitted in all RPUD Districts: all uses permitted in both R-1 and R-2 Districts, subject to all restrictions specified for those Districts.

3. Permitted Accessory Uses. The following accessory uses are permitted in the RPUD District: all accessory uses permitted in both the R-1 and R-2 Districts, subject to all restrictions specified for those Districts.

4. Excluded Uses. The following uses are excluded in the RPUD District:

A. Uses not permitted as principal permitted uses, conditional uses or permitted accessory uses in the R-1 and R-2 Districts are prohibited.

B. The following buildings or units shall not be used for an accessory building or a living unit in this district:

(1) Bus

(2) Car

(3) Van

(4) Truck

(5) Semi-truck

(6) Quonset hut

(7) Railroad car

(8) Railroad caboose

(9) Camp trailer

(10) Steel granary

(11) House trailer

C. Billboards. (Repealed by Ordinance No. 440 – Dec. 01 Supp.)

5. Conditional Uses. The following conditional uses are permitted in the RPUD District: all conditional uses permitted in both the R-1 and R-2 Districts.

6. Space Limits. The following space limits apply in the RPUD District:

A. New or existing lots:

(1) Minimum lot area – none.

(2) Minimum width of lot – none.

(3) Maximum height of building – none.†

(4) Minimum front yard – 25 feet.

(5) Minimum rear yard – none.

(6) Minimum side yard – none.

(7) Minimum side yard at street corner – 25 feet.

(8) Maximum ground coverage – none.

(9) Where the boundaries of the RPUD District adjoin with other zoning districts, the Commission and Council may require suitable screening or buffering in the absence of an appropriate physical barrier.

B. Accessory uses to RPUD structures on new or existing lots:

(1) Minimum front yard – 25 feet.

(2) Minimum rear yard – none.

(3) Minimum side yard – none.

(4) Minimum side yard at street corner – 25 feet.

7. Parking. Off-street parking shall be provided to accommodate all vehicles for dwelling units. All others, see Section 165.21.

165.14 M-R MODIFIED RESIDENTIAL DISTRICT. Following are the regulations for the M-R Modified Residential District.

1. Purpose. This district is designed to provide for the inclusion of mobile/manufactured home parks in specifically zoned districts, which are suitable for mobile dwellings.

2. Principal Permitted Uses. The following principal uses are permitted in the M-R District:

A. Any permitted accessory use allowed in the primary district to which the M-R District classification is appended and when established according to the rules and conditions of the primary zone.

B. Those necessary uses other than those permitted by the primary district regulations, but which are or may in the future be required for inclusion in mobile/manufactured home parks by other ordinances of the City.

3. Conditional Uses. The following conditional uses are permitted in the M-R District: any conditional use permitted in the primary district to which the M-R District classification is appended when established according to the rules and conditions of the primary districts.

4. Building Permits. Building permits shall be obtained from the City Administrator or his/her designee before proceeding with the erection, construction, moving in, or the structural alteration of any mobile/ manufactured home, building or structure, in accordance with Section 165.27 of this Code of Ordinances.

5. Space Limits. All space limit provisions of the primary district to which the M-R District classification is appended shall be adhered to except that mobile homes/manufactured homes may be parked in compliance with minimum standards of other ordinances of the City. In any case, the following minimum standards shall apply:

A. Minimum area of mobile/manufactured home district – 10 acres.

B. Maximum area of mobile/manufactured home district – 15 acres.

C. Minimum single lot area – 6,250 square feet.

D. Minimum double lot area – 8,750 square feet.

E. Minimum width of single lot – 50 feet.

F. Minimum width of double lot – 70 feet.

G. Maximum height of building – 24 feet or one and one-half (1½) stories.

H. Lots are to be designated as either single or double wide lots, and no double wide or larger home will be allowed to occupy a single wide lot.

6. Setback Regulations (including accessory buildings).

A. Minimum front yard – 20 feet.

B. Minimum rear yard – 10 feet.

C. Minimum side yard – 5 feet.

D. Minimum side yard at street corner – 15 feet.

E. Maximum ground coverage including accessory buildings – 40% of the area of the lot.

7. Procedures. The M-R District shall be considered as a separate and distinct zoning classification and shall be appended to a primary district in the same manner in which zoning map changes are made under the provisions of the statutes of the State of Iowa and of these regulations, and shall modify the regulations applying to the specific sites or zoning lots upon which the M-R District is designated.

8. Mobile/Manufactured Home Park Layout. The design of a mobile/manufactured home park shall comply with the following minimum requirements.

A. No mobile homes manufactured before 1976 will be allowed in a mobile/manufactured home park within City Limits.

B. Mobile/manufactured homes older than ten years old shall not be located or relocated into a newly developed mobile home park, unless a variance is applied for and approved.

C. A mobile/manufactured home shall not be occupied for dwelling purposes unless it is properly placed on a mobile/ manufactured home site and connected to water, sewer, electrical and natural gas utilities.

D. Access Roads. All roads shall be continuous, and all streets and roads shall be hard surfaced with curb and gutter.

E. Main Access Roads. Main access roads shall provide for two-way traffic and shall be thirty-one (31) feet back to back or more in width, excluding parking. Where parking is permitted along such roads, an additional six (6) feet of road for parallel parking and an additional sixteen (16) feet of road of diagonal parking is permitted.

F. Parking Space. At least two (2) off-street, hard surfaced motor vehicle parking spaces shall be provided for every mobile home/manufactured home space in a mobile/manufactured home park.

G. Recreation/Greenspace Area Required. A minimum of one hundred (100) square feet for each mobile home/manufactured home space in the mobile/manufactured home park shall be provided as recreation/greenspace area.

H. Lighting Required. All mobile/manufactured home parks shall contain lighting units so spaced and equipped with approved fixtures placed at such mounting heights as will provide for the safe movement of pedestrians and vehicles at night.

I. Walks Required. Walks shall be provided from the entrance door to the parking area of each unit, and in all perimeter areas adjacent to the public right-of-way. These walks shall be at least three (3) feet wide and shall be constructed of concrete.

J. Ground Anchors and Tiedowns. Ground anchors shall be installed by the lot owner or developer at each mobile/manufactured home stand prior to or when the mobile/manufactured home is located thereon to permit tiedowns. Ground anchors shall be placed not more than twelve (12) feet on center beginning from the front end of the stand congruent with the front wall of the mobile/manufactured home. Not more than six (6) feet of open end spacing shall be provided at the rear line of the stand unless additional ground anchors are installed. Each mobile/manufactured home shall be provided with tiedowns to the main framing members of the home. Every owner or occupant of a mobile/manufactured home shall secure the same against wind damage, and every owner, operator or person in charge and control of a mobile/manufactured home park shall inspect and enforce this requirement.

K. Skirting. Skirting of a permanent type material and construction and consistent with the exterior of the mobile/ manufactured home shall be installed to enclose the open space between the bottom of a mobile home/manufactured home floor, and the grade level of the stand. Skirting shall be so constructed as to provide substantial resistance to heavy winds. Required skirting shall be installed within 30 days after initial occupancy unless prohibited by frozen ground, in which event such skirting shall be installed immediately after the ground becomes unfrozen. In all instances skirting shall be installed no later than June 1 of the year following occupation of the lot space.

L. Mobile/Manufactured Home Stand. The mobile/ manufactured home stand shall provide for the practical placement of the home and removal of the home from the mobile/ manufactured home space. Access to the stand shall be kept free of trees or other immovable obstruction. The mobile/manufactured home stand shall be constructed of appropriate material (such as concrete), be properly graded, placed and compacted in order to provide durable and adequate support of the maximum loads during all seasons of the year. The stand shall react as a fixed support and remain intact under the weight of the mobile/manufactured home due to frost action, inadequate drainage, vibration, wind or other forces acting on the structure. Adequate surface drainage shall be obtained by proper grading of the stand and the mobile/manufactured home space. Grading shall provide for diversion of water away from the stand, prevent standing water and soil saturation and divert the surface runoff to adequate outfalls or drainage swales.

M. Storm Shelters. Every mobile/manufactured home park which is constructed after the effective date of the ordinance codified in this section shall be provided with above or below-grade storm shelters. These shelters shall have a minimum floor area of seven (7) square feet for each manufactured/mobile home space in the park. No shelter shall be located more than 660 linear feet from any home space. Shelters shall be designed by a licensed structural engineer or architect and built in accordance with plans as approved by the City Engineer, Building Inspector or licensed structural engineer or architect.

N. Health Rules and Regulations. The rules and regulations of the State Department of Health on mobile/manufactured home park layout shall be followed.

O. Water Supply. All manufactured/mobile home stands and community facilities shall be connected to the City’s water supply and its supply used exclusively. The water system and all appurtenances shall be designed, constructed and maintained according to the specifications and requirements of the City of Cherokee. Individual water service connections and meters shall be provided for direct use by each mobile/manufactured home lot space.

P. Sewage Disposal. All sewer lines of the mobile/manufactured home park shall be connected to the City of Cherokee sewer system. The sewer system and all appurtenances shall be designed, constructed and maintained according to the specifications and requirements of the City. Provisions shall be made for securely plugging the sewer riser pipe when a manufactured/mobile home does not occupy the lot.

Q. Community Building. A community building may be provided for the residents of the mobile/manufactured home park. Restroom facilities are required in any community building.

R. Refuse Disposal. Refuse disposal is to be in compliance and in the same manner as the current refuse disposal method for the remainder of the City.

S. Insect and Rodent Control. Insect and rodent control measures to safeguard public health, as recommended by the health officer or County sanitarian, shall be applied to all mobile/manufactured home parks.

T. Storm Drains. Storm drains shall be installed at a grade to insure velocity of two feet per second when flowing full. Storm water shall not be discharged into sanitary sewers.

U. Fire Protection. Fire hydrants shall be installed according to the recommendations of the Fire Department, and shall meet or exceed existing standards in the community. There shall also be a portable fire extinguisher, approved by the Fire Department, in each community building.

V. Speed Limit. The maximum speed limit for any vehicle in a mobile/manufactured home park shall be fifteen (15) miles per hour.

W. Fuel for Mobile/Manufactured Homes. Cylinders containing liquefied petroleum gas or oil that are to be used for stoves or heating of mobile homes/manufactured homes by copper or other metallic tubing shall be provided with leakproof connections. The cylinders shall be securely fastened in place and may not be closer than five feet from any mobile/manufactured home exit. State Code regulations regarding storage of fuels will be followed.

9. Responsibilities of Mobile/Manufactured Home Park Occupants.

A. The mobile/manufactured home park occupant shall comply with all applicable requirements of this section and regulations issued hereunder, and shall maintain his/her mobile/manufactured home lot, its facilities and equipment in good repair and in a clean and sanitary condition.

B. All City ordinances with respect to keeping of animals and pets shall apply.

C. All City ordinances with respect to public nuisances shall apply.

10. Miscellaneous Provisions. Miscellaneous provisions are as follows:

A. The entire mobile/manufactured home park shall be treated as one zoning lot, except that when uses other than those normally included or required by ordinance within a mobile/manufacture park are established within the boundaries of a park. Then a separate zoning lot shall be designated for the other use.

B. Chapter 145, Dangerous Buildings, of this Code of Ordinances shall be complied with in any mobile/manufactured home park.

C. Building permits shall be applied for and obtained for the construction of any accessory buildings and fences. Building permit applications shall be required to contain signatures of both the mobile/manufactured home park owner and the tenant occupying the lot space. A covenant addressing types and ownership of accessory buildings, fences and any other structures constructed on mobile/manufactured home lots shall be in place.

D. Where the boundary of a mobile/manufactured home park directly abuts another use district, the City Council may, where it is deemed necessary, require an area a minimum of twenty-five (25) feet in width be reserved along the perimeter of the park. The erection of a fence or wall 6 feet in height of a material which will provide a significant visual and sound barrier, and/or screen plantings at least 8 feet high at maturity shall be required. Where the boundary of a mobile/manufactured home park abuts an R zoning district, the City Council may require additional greenbelt area or screening.

E. In a mobile/manufactured home subdivision, only one (1) mobile/manufactured home shall be permitted on each approved mobile/manufactured home lot. No recreational vehicles or conventional construction shall be permitted on the mobile/ manufactured home lot of living purposes.

F. The requirements for a newly designated M-R District shall be in accordance with the requirements located in Chapter 166, Subdivision Regulations, of this Code of Ordinances. A general landscaping plan must be submitted, along with the preliminary and final plat, to the Planning and Zoning Commission and to the City Council for approval.

11. Nonconforming Uses.

A. In the interest of public health and safety, a change of ownership of an existing nonconforming mobile/manufactured home park will require the park to attain conforming status, including utility connections, within a period of time no longer than three (3) years from the date of the change of ownership, with the exception of the size requirement.

B. All mobile/manufactured homes and mobile home parks lawfully established and within the City of Cherokee prior to the adoption of the ordinance codified in this section, or which may become part of the City of Cherokee as a result of annexation, which are being used in a manner or for a purpose which is otherwise lawful, but which do not conform to the provisions of this section, shall be deemed to be a lawfully vested nonconforming use and as such may continue in the manner and to the extent that it lawfully existed at the time of the adoption of such ordinance and/or the annexation of said property, except that any expansion must comply with this chapter.

C. Existing mobile/manufactured home parks may hereafter be expanded or enlarged, provided such expansion or enlargement in the new area is done in compliance with the provisions of this section and provided that the land area for the entire mobile/manufactured home park, including both existing and expanded areas, is at least ten acres in size. Nonconforming mobile/manufactured homes used for residential purposes located on lots outside a mobile/manufactured home park shall not be relocated, altered or replaced except in compliance with the provisions of this chapter.

D. Alterations or changes may be made within an existing vested nonconforming mobile/manufactured home park, provided that the number of homes is not increased and provided that the size of any mobile/manufactured home space is not decreased below the minimum required by this chapter. Minor alterations or changes may be approved administratively by the City Administrator or his/her designee, provided a building permit is applied for and obtained. Minor alterations or changes shall include: construction of or additions to storage buildings, community or recreation facilities, maintenance buildings, accessory buildings or structures that are complementary to an individual mobile/manufactured home, outdoor vehicle or boat storage areas, or other similar type uses. All construction shall meet the setback and spacing requirements as required by the M-R zoning district.

E. Any nonconforming mobile/manufactured home or mobile/ manufactured home park which is abandoned, unused or unoccupied for a period of one (1) year or more shall not again be devoted to its prior use until it is brought into compliance with the provisions of this section.

F. Any nonconforming mobile/manufactured home or mobile/ manufactured home park which is hereafter damaged by any means to an extent exceeding sixty percent (60%) or more of its replacement cost at the time of destruction, exclusive of foundations, shall not be restored or reconstructed for its prior use until it is brought into compliance with the provisions of this section, provided it be reconstructed within one (1) year of such damaging event.

G. Nothing in this section shall prohibit the maintenance and repair of nonconforming mobile/manufactured homes and mobile/ manufactured home parks to keep such homes and parks in sound and safe condition, provided no enlargement, extension, alteration or change shall be made to increase the degree of nonconformity.

12. Responsibilities of Community Management. Each mobile/ manufactured home park shall be operated in a sanitary, orderly and efficient manner, and shall maintain a neat appearance at all times. No damaged or deteriorated mobile/manufactured homes shall be permitted to remain, and suitable and effective rules for regulating the outside storage of equipment, the removal of wheels and installation of skirting, the collection of trash and garbage and the attachment of appurtenances to the mobile/manufactured homes shall be continually enforced. The public nuisance abatement procedure included in this Code of Ordinances shall be enforced. All drives, playground areas and equipment, lawns and trees, and any recreation or accessory buildings shall be maintained at a level at least equal to the average residential neighborhood in the City. All portions of the mobile/manufactured home park shall be open an accessible to fire, police and other emergency and protective vehicles and personnel, including City, County and State inspectors.

13. Violations. Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a separate offense for each and every day during which any violation of any of the provisions of this section is committed, continued or permitted.

(Ord. 476 – Aug-04 Supp.)

165.15 REVISED C-1 GENERAL RETAIL BUSINESS DISTRICT. Following are the regulations for the C-1 General Retail Business District.

1. Purpose. This zone is designed to provide for a wide range of retail and service establishments.

2. Principal Permitted Uses. The following regulations and uses permitted shall apply to all C-1 Districts for conducting of any lawful retail business:

A. All uses permitted in any R Districts subject to all lot requirements and restrictions specified in each district.

B. All uses permitted in the Central Business District.

C. Retail businesses such as follows:

(1) Auction rooms

(2) Auto sales

(3) Body shop

(4) Bowling alley

(5) Dairy product storage

(6) Frozen food lockers

(7) General storage and warehouse, pertinent to the principal use of the primary business (it shall not be a separate business). All other types of general storage/warehouses require a special permit.

(8) Hotels and motels, including swimming pools

(9) Motor bike shop

(10) Skating rink

(11) Telephone exchange

(12) Utility offices, service building and storage area (pole yard excluded)

(13) Veterinary office and animal hospital

(14) Welding and repair shops

D. Drive-in eating and drinking establishments, summer gardens and road houses, including entertainment and dancing, provided the principal building is distant at least one hundred (100) feet from any R District.

E. Multiple dwelling units, including rooming houses and boarding houses and tourist homes.

F. Essential services.

3. Permitted Accessory Uses. The following accessory uses are permitted in the C-1 District:

A. Any permitted accessory use allowed in the R District, subject to the conditions specified by that district.

B. Accessory uses for commercial development shall include those normally appurtenant to such development, except as further specified herein.

C. Signs. (Repealed by Ordinance No. 440 – Dec. 01 Supp.)

4. Conditional Uses. Fire stations, garages, filling stations and convenience stores, upon recommendation of the Commission and approval of the Council, and subject to such conditions and safeguards as deemed appropriate by said Council and upon securing of a permit therefor. Also, garages, filling stations and convenience stores are subject to the following provisions:

A. Pumps, lubricating or other devices are located at least twenty (20) feet from any street line or highway right-of-way.

B. All fuel, oil or similar substances are stored at least thirty-five (35) feet distance from any street or lot line.

5. Space Limits. The following space limits shall apply in the C-1 District:

A. Minimum lot area of business – no regulation.

B. Minimum lot area for residential structures or mixed business and residential structure – equal to that required in the least restricted residential district for the same type of dwelling.

C. Minimum width of lot – as currently platted.

D. Maximum height of building – no regulation.

E. Minimum front yard – no regulation.

F. Minimum rear yard – no regulation.

G. Minimum side yard – no regulation.

H. Minimum side yard at street corner - no regulation.

I. Maximum ground coverage – 100%.

J. Commercial radio, microwave, or television-broadcasting or transmitting towers or telephone relay towers may be installed provided they meet the following criteria for approval:

(1) The height and location shall not interfere with the operation of any public airport or public landing strip.

(2) A special permit is received from the Commission as provided by these regulations.

6. Parking. Off-street parking shall be provided to accommodate all vehicles for dwelling units. All others, see Section 165.21.

(Ord. 491 – Aug-04 Supp.)

165.16 C-M COMMERCIAL-LIGHT INDUSTRIAL DISTRICT. Following are the regulations for the C-M Commercial-Light Industrial District.

1. Purpose. This district provides for a wide range of commercial with limited industrial uses, all of which shall be able to meet comparatively rigid specifications as to nuisance-free performance. This district specifically excludes residences.

2. Principal Permitted Uses. The following regulations and uses permitted shall apply to all Commercial-Light Industrial Districts:

A. Any use allowed in C District, except that all dwellings and other types of living accommodations shall be prohibited except that quarters for a watchman or caretaker shall be permitted as an accessory use for any permitted use occupying more than twenty thousand (20,000) square fee of lot area. All C District uses permitted in the Commercial-Light Industrial District are subject to all the restrictions specified for the C District, with exception of space limits.

B. Manufacturing and processing uses which can meet the performance standards for this district set forth below, provided such is not specifically prohibited.

C. Wholesaling and warehousing, but not including the bulk storage of petroleum products or liquid fertilizer under pressure.

D. Essential services.

E. Loading spaces:

(1) Loading docks and parking spaces for same shall be within the zoned lot.

(2) Such space may occupy all or any part of any required yard or open space, except where adjoining a residential district, it shall be set back five (5) feet and be effectively screen-planted.

F. Signs. (Repealed by Ordinance No. 440 – Dec. 01 Supp.)

3. Excluded Uses. The following uses are hereby declared incompatible with the purpose of the C-M District and are hereby expressly excluded:

A. Dwellings except caretaker and watchman quarters.

B. Public, parochial, and private schools and colleges, except trade schools.

C. Mobile home parks.

D. Any use not enumerated as principal permitted use or conditional use in this zone.

4. Permitted Accessory Uses. Any accessory use normally appurtenant to a permitted use shall be allowed provided such use shall conform with all performance standards set forth for this zone.

5. Conditional Uses. The Commission may recommend allowance of recreational uses which are temporary in nature and do not involve any appreciable amount of fixed construction and which will not interfere with the efficient functioning of the zone for its primary purpose of providing for manufacturing and commercial establishments.

6. Space Limits. The following space limits apply to the C-M District:

A. Minimum lot area – no regulation.

B. Minimum width of lot – 40 feet.

C. Maximum height of building – no regulation.

D. Minimum front yard – no regulation.

E. Minimum rear yard – no regulation.

F. Minimum side yard – no regulation.

G. Minimum side yard at street corner – 15 feet.

H. Maximum ground coverage – 100%.

I. Commercial radio, microwave and television towers may be installed provided they meet the following criteria for approval:

(1) The height and location shall not interfere with the operation of any public airport or public landing strip.

(2) A special permit is received from the Commission as provided by these regulations.

7. Parking. Off-street parking shall be provided to accommodate one (1) vehicle for each employee and one additional for each ten (10) employees. All others see Section 165.21.

8. Performance Standards. To be a permitted use in the C-M District, whether as a permitted use or as a permitted conditional use, such use must meet the following performance standards:

A. Physical Appearance. All operations shall be carried on within an enclosed building. Normal daily wastes of an inorganic nature may be stored in containers not in a building when such containers are not readily visible from a street. However, unprocessed or processed materials and/or products may not be stored outside in an unsightly manner.

B. Fire Hazard. No operation shall involve the use of highly flammable gasses, acid, liquids, grinding processes or other inherent fire hazards. This provision shall not be construed to prohibit the use of normal heating fuels, motor fuels and welding gasses when handled in accordance with other ordinances of the City.

C. Vibration. All machines including punch presses and stamping machines shall be so mounted as to minimize vibration and in no case shall such vibration exceed a displacement of three thousandths of an inch measured at the zoning lot line. The use of steam or broad hammers shall not be permitted in this zone.

D. Glare and Heat. All glare, such as welding areas and open furnaces, shall be shielded so that they shall not be visible from the zoning lot line. No heat from furnaces or processing equipment shall be sensed at the zoning lot line to the extent of raising the temperature of air or materials more than five degrees (5º) Fahrenheit.

9. Prohibited Uses. The following uses are prohibited in the C-M District:

A. Any production or activity that will produce or cause to be produced odors of an obnoxious or unpleasant nature.

B. Any production or activity that will produce or cause to be produced noise or sound with highly irritating volume or pitch.

165.17 REVISED M-1 LIGHT INDUSTRIAL DISTRICT. Following are the regulations for the M-1 Light Industrial District.

1. Purpose. This district provides for a wide range of commercial and industrial uses, all of which shall be able to meet comparatively rigid specifications as to nuisance-free performance. This district specifically excludes residences.

2. Principal Permitted Uses. The following regulations and uses permitted shall apply to all light industrial districts:

A. Any use allowed in C Districts, except that all dwellings and other types of living accommodations shall be prohibited except that quarters for a watchman or caretaker shall be permitted as an accessory use for any permitted use occupying more than twenty thousand (20,000) square feet of lot area. All C District uses permitted in the light industrial zone are subject to all the restrictions specified for the C District, with exception of space limits.

B. Manufacturing and processing uses which can meet the performance standards for this district set forth below, provided such is not specifically prohibited.

C. Wholesaling and warehousing, but not including the bulk storage of petroleum products or liquid fertilizer under pressure.

D. Farm implement display, sales, service and repair.

E. Truck and freight terminal.

F. Animal hospital or kennel.

G. Vehicle display, sales, repair and storage.

H. Welding and repair shop.

I. Railroads and public utilities including storage and maintenance yards.

J. Lumber yard and building material sale and storage.

K. Sand and gravel storage.

L. Animal feeding, sale barns and livestock.

M. Elevators and mills.

N. Bulk fuel storage.

O. Structural iron and steel fabrication.

P. Contractor storage yards.

Q. Grain storage.

R. Electric generating station.

S. Landing fields for aircraft, including airplanes, helicopters and other types of aircraft and facilities accessory to the normal and continual operation of a landing field.

T. Essential services.

U. Loading spaces:

(1) Loading docks and parking spaces for same shall be within the zoned lot.

(2) Such space may occupy all or any part of any required yard or open space, except where adjoining a residential district, it shall be set back five (5) feet and be effectively screen-planted.

V. Signs. (Repealed by Ordinance No. 440 – Dec. 01 Supp.)

W. Storage, warehouses, freight stations.

3. Excluded Uses. The following uses are hereby declared incompatible with the purpose of the M-1 District and are hereby expressly excluded:

A. Dwellings except caretaker and watchman quarters.

B. Public, parochial, and private schools and colleges, except trade schools.

C. Hospitals, clinics, and other institutions for the housing or care of human beings.

D. Motels, hotels and mobile home parks.

E. Any use not enumerated as principal permitted use or conditional use in this zone.

4. Permitted Accessory Uses. Any accessory use normally appurtenant to a permitted use shall be allowed provided such use shall conform with all performance standards set forth for this zone.

5. Conditional Uses. The Commission may recommend allowance of recreational uses which are temporary in nature and do not involve construction and which will not interfere with the efficient functioning of the zone for its primary purpose of providing for manufacturing and heavy commercial establishments, including concrete products plants.

6. Space Limits. The following space limits apply to the M-1 District:

A. Minimum lot area – no regulation.

B. Minimum width of lot – 100 feet.

C. Maximum height of building – no regulation.

D. Minimum front yard – 40 feet.

E. Minimum rear yard – 30 feet.

F. Minimum side yard – 20 feet.

G. Minimum side yard at street corner – 35 feet.

H. Maximum ground coverage – 75%.

I. Commercial radio, microwave and television towers may be installed provided they meet the following criteria for approval:

(1) The height and location shall not interfere with the operation of any public airport or public landing strip.

(2) A special permit is received from the Commission as provided by these regulations.

7. Parking. Off-street parking shall be provided to accommodate one vehicle for each employee and one additional for each ten (10) employees. All others see Section 165.21.

8. Performance Standards. To be a permitted use in the M-1 Light Industrial District, whether as a permitted use or as a permitted conditional use, such use must meet the following performance standards:

A. Physical Appearance. All operations shall be carried on within an enclosed building except that new materials or equipment in operable condition may be stored in the open. Normal daily wastes of an inorganic nature may be stored in containers not in a building when such containers are not readily visible from a street. The provisions of this paragraph shall not be construed to prohibit the display of merchandise or vehicles for sale or the storage of vehicles, boats, farm machinery, trailers, mobile homes or similar equipment when in operable condition.

D. Glare and Heat. All glare, such as welding areas and open furnaces, shall not be visible from the zoning lot line. No heat from furnaces or processing equipment shall be sensed at the zoning lot line to the extent of raising the temperature of air or materials more than five degrees (5º) Fahrenheit.

(Ord. 492 – Aug-04 Supp.)

165.18 M-2 HEAVY INDUSTRIAL DISTRICT. Following are the regulations for the M-2 Heavy Industrial District:

1. Purpose. This district provides for the widest range of industrial operation permitted in the City. It is the district for the location of those industries which have not reached a technical stage in processing which renders them free of nuisance factors or where economics precludes construction and operation in a nuisance-free manner.

2. Principal Permitted Uses. The following regulations and uses permitted shall apply to all heavy industrial districts:

A. Any industrial, manufacturing, and processing which can meet the performance standards for this district as set forth below, except as herein modified, but which is not prohibited.

B. Any use allowed in the M-1 District except those uses also allowed in the C District, except as herein modified

C. Concrete products plant.

D. Processing and handling of cheese, butter, and other milk products.

E. Bulk storage of petroleum products or liquid fertilizer and propane under pressure.

F. Feed mill processing plants.

G. Grain processing plants.

H. Essential services.

I. Signs. Only the following, provided that:

(1) Free standing signs do not exceed 35 feet in height.

(2) Signs attached to the building do not project above the height of the building more than 5 feet.

J. Retail businesses such as follows:

(1) Appliance sales and service

(2) Auction rooms

(3) Auto parts and body shops

(4) Auto sales and service

(5) Bicycle or motor bike shop

(6) Computer centers

(7) Contractor and architect offices

(8) Concrete products plant

(9) Dairy product storage

(10) Electrical repair and supply

(11) Fire station

(12) Freight stations

(13) Frozen food lockers

(14) News media

(15) Nursery store

(16) Paint supplies

(17) Printing shops

(18) Plumbing shops

(19) Radio or television studio station

(20) Telephone exchange

(21) Trailer sales (mobile homes, campers)

(22) Trade school

(23) Upholstery shops

(24) Veterinary office

(25) Welding and repair shops

3. Special Permit Uses. The following uses and structures may be permitted in the M-2 District, subject to the provisions in Section 165.20 and subject to performance standards of the M-2 District.

A. Asphalt plant

B. Rock, sand or cement crushing

C. Chemical plant

D. Rendering plant (animal)

E. Fertilizer manufacturing or storage

F. Explosive manufacturing or storage

G. Cement, lime, gypsum, and plaster of Paris manufacturing.

H. Smelting of metals

I. Glue manufacturing

J. Storage of radioactive materials

K. Sanitary landfill, waste disposal

L. Gravel and sand pits or storage

M. Electrical generating plant

N. Dog pound

O. Railroad maintenance shop and yard

P. Junk yards, auto parts salvage and auto wrecking yards.

Q. Meat packing: the processing, slaughtering, eviscerating, skinning of livestock, manufacturing of by-products and processing of the carcass.

R. Yards for the holding of livestock.

4. Excluded Uses. The following uses are hereby declared incompatible with the purpose of the M-2 District and are hereby expressly excluded:

A. Any use which cannot meet the performance standards set forth herein.

B. Dwellings except caretaker and watchman quarters as set forth in the provisions of the M-1 District

C. Schools and colleges, except trade schools.

D. Hospitals, clinics, rest homes and other institutions for the housing or care of human beings, except that medical facilities accessory to any industrial operation shall be permitted.

E. Motels, hotels, and mobile home parks.

5. Permitted Accessory Uses. Any accessory use normally appurtenant to a permitted use shall be allowed, provided such use shall conform with all performance standards set forth for this zone.

6. Conditional Uses. The Commission may recommend allowance of recreational uses which are temporary in nature and do not involve any appreciable amount of fixed construction and which will not interfere with the efficient functioning of the zone for its primary purpose of providing for manufacturing and heavy commercial establishments.

7. Space Limits. The following space limits apply to the M-2 District:

A. Minimum lot area – no regulation.

B. Minimum width of lot – 100 feet.

C. Maximum height of building – no regulation.

D. Minimum front yard – no regulation.

E. Minimum rear yard – there shall be a rear yard of not less than ten percent (10%) of the depth of the lot.

F. Minimum side yard – no regulation.

G. Minimum side yard at street corner – 35 feet.

H. Maximum ground coverage – 90%.

I. Commercial radio, microwave and television towers may be installed provided they meet the following criteria for approval:

(1) The height and location shall not interfere with the operation of any public airport or public landing strip.

(2) A special permit is received from the Commission as provided by these regulations.

8. Parking. Off-street parking space shall be provided to accommodate all vehicles. See Section 165.21.

9. Performance Standards. To be a permitted use in the M-2 Heavy Industrial District, whether as a permitted use, a special permit use, or as a permitted conditional use, such use must meet the following performance standards:

A. Physical Appearance. Junk, salvage, auto wrecking and similar operations shall be shielded from view from streets and from adjacent properties in another zone by means of a sturdy, sight-obscuring fence in good repair.

B. Fire Hazard. All flammable substances involved in any activity established in this zone shall be handled in conformance with the standards of the National Board of Fire Underwriters and any additional regulations of the Cherokee Fire Department.

C. Vibration. All machines including punch presses and stamping machines shall be so mounted as to minimize vibration. Vibration shall not be so excessive that it interferes with industrial operations on nearby zoning lots.

165.19 FLOOD PLAIN DISTRICTS.

1. Purpose. It is the purpose of this section 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 flood losses with provisions designed to:

A. Reserve sufficient flood plain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially.

B. 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.

C. Require that uses vulnerable to floods, including public utilities which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement.

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

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

2. Lands To Which Section Applies. The provisions of this section shall apply to all lands within the jurisdiction of the City shown on the Official Flood Plain Zoning Map as being within the boundaries of the Floodway, Floodway Fringe, and General Flood Plain Districts. The Flood Boundary and Floodway Map prepared as part of the Flood Insurance Study for the City, dated January 2, 1981, is hereby adopted by reference and declared to be the Official Flood Plain Zoning Map. The flood profiles and all explanatory material contained with the Flood Insurance Study are also declared to be a part of this chapter.

3. Rules For Interpretation of District Boundaries. The boundaries of the zoning district areas shall be determined by scaling distances on the Official Flood Plain Zoning Map. When an interpretation is needed as to the exact location of a boundary, the Zoning Administration Officer shall make the necessary interpretation. The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Zoning
Administration Officer in the enforcement or administration of this section.

4. Compliance. 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 section and other applicable regulations which apply to uses within the jurisdiction of this section.

5. Abrogation and Greater Restrictions. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provision of this section shall prevail. Any ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.

6. Interpretation. In their interpretation and application, the provisions of this section 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.

7. Warning and Disclaimer of Liability. The standards required by this section are considered reasonable for regulatory purposes. This section does not imply that areas outside the designated Flood Plain (Overlay) District areas will be free from flooding or flood damages. This section shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

8. Establishment of Zoning (Overlay) Districts. The flood plain areas within the jurisdiction of this section are hereby divided into the following districts:

A. Floodway District (FW)

B. Floodway Fringe District (FF)

C. General Flood Plain District (FP)

The boundaries are as shown on the Official Flood Plain Zoning Map. Within these districts all uses not allowed as permitted uses or permissible as conditional uses are prohibited unless a variance to the terms of this section is granted after due consideration by the Board of Adjustment.

9. Floodway (Overlay) District - FW.

A. Permitted Uses. The following uses shall be permitted within the Floodway District to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not include placement of structures, factory-built homes, fill or other obstruction, the storage of material or equipment, excavation or alteration of a watercourse.

(1) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.

(2) Industrial-commercial uses such as loading areas, parking areas, airport landing strips.

(3) Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails.

(4) Residential uses such as lawns, gardens, parking areas and play areas.

(5) Such other open-space uses similar in nature to the above uses.

B. Conditional Uses. The following uses which involve structures (temporary or permanent), fill, storage of materials or equipment, excavation or alteration of a watercourse may be permitted only upon issuance of a conditional use permit by the Board of Adjustment as provided for in Section 165.19(17). Such uses must also meet the applicable provisions of the Floodway District Performance Standards.

(1) Uses or structures accessory to open-space uses.

(2) Circuses, carnivals, and similar transient amusement enterprises.

(3) Drive-in theaters, new and used car lots, roadside stands, signs, and billboards.

(4) Extraction of sands, gravel, and other materials.

(5) Marinas, boat rentals, docks, piers, and wharves.

(6) Utility transmission lines and underground pipelines.

(7) Other uses similar in nature to uses described in subsection A and in this subsection which are consistent with the provisions of subsection C and the general spirit and purpose of this section.

C. Performance Standards. All Floodway District uses allowed as a permitted or conditional use shall meet the following standards:

(1) No use shall be permitted in the Floodway District that would result in any increase in the 100-year flood level. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands.

(2) All uses within the Floodway District shall:

a. Be consistent with the need to minimize flood damage.

b. Use construction methods and practices that will minimize flood damage.

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

(3) No use shall affect the capacity or conveyance of the channel or floodway of any tributary to the main stream, drainage ditch or any other facility or system.

(4) Structures, buildings and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe District and shall be constructed or aligned to present the minimum possible resistance to flood flows.

(5) Buildings, if permitted, shall have a low flood damage potential and shall not be for human habitation.

(6) Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway District within the time available after flood warning.

(7) Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Department of Natural Resources.

(8) Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary.

(9) Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows.

10. Floodway Fringe (Overlay) District - FF. All uses within the Floodway Fringe District shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet applicable performance standards of the Floodway Fringe District. All uses must be consistent with the need to minimize flood damage and shall meet the following applicable performance standards.

A. All structures shall:

(1) Be adequately anchored to prevent flotation, collapse or lateral movement of the structure.

(2) Use construction materials and utility equipment that are resistant to flood damage.

(3) Use construction methods and practices that will minimize flood damage.

B. Residential Buildings. All new or substantially improved residential structures shall have the lowest floor, including basement, elevated a minimum of one foot above the 100-year flood level. Construction shall be upon compacted fill which shall, at all points, be no lower than one foot above the 100-year flood level and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers) may be allowed, subject to favorable consideration by the Board of Adjustment, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding. All new residential structures shall be provided with a means of access which will be passable by wheeled vehicles during the 100-year flood.

C. Nonresidential Buildings. All new or substantially improved non-residential buildings shall have the lowest floor (including basement) elevated a minimum of one foot above the 100-year flood level, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year flood; and that the structure, below the 100-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 National Geodetic Vertical Datum) to which any structures are floodproofed shall be maintained by the Administrator.

D. All new and substantially improved structures.

(1) Fully enclosed areas below the “lowest floor” (not including basements) 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 minimum criteria:

a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

b. The bottom of all openings shall be no higher than one foot above grade.

c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic entry and exit of floodwaters.

Such areas shall be used solely for parking of vehicles, building access and low damage potential storage.

(2) New and substantially improved structures must be designed (or 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.

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

E. Factory-built Homes.

(1) All factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one (1) foot above the 100-year flood level.

(2) All factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

F. Utility and Sanitary Systems.

(1) On-site waste disposal and water supply systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding.

(2) All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system as well as the discharge of effluent into flood waters. Wastewater treatment facilities (other than on-site systems) shall be provided with a level of flood protection equal to or greater than one foot above the 100-year flood elevation.

(3) New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Water supply treatment facilities (other than on-site systems) shall be provided with a level of protection equal to or greater than one foot above the 100-year flood elevation.

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

G. 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 100-year flood level. Other material and equipment must either be similarly elevated or (i) not be subject to major flood damage and be anchored to prevent movement due to flood waters or (ii) be readily removable from the area within the time available after flood warning.

H. Flood control structural works such as levees, flood-walls, etc. shall provide, at a minimum, protection from a 100-year flood with a minimum of 3 feet of design freeboard and shall provide for adequate interior drainage. In addition, structural flood control works shall be approved by the Department of Natural Resources.

I. Watercourse alterations or relocations must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Department of Natural Resources.

J. Subdivisions (including factory-built home parks and subdivisions) shall be consistent with the need to minimize flood damages and shall have adequate drainage provided to reduce exposure to flood damage. Development associated with subdivision proposals (including the installation of public utilities) shall meet the applicable performance standards of this section. Subdivision proposals intended for residential use shall provide all lots with a means of access which will be passable by wheeled vehicles during the 100-year flood. Proposals for subdivisions greater than five (5) acres or fifty (50) lots (whichever is less) shall include 100-year flood elevation data for those areas located within the Flood Plain (Overlay) District.

K. Accessory Structures.

(1) Detached garages, sheds, and similar structures accessory to a residential use are exempt from the 100-year flood elevation requirements where the following criteria are satisfied:

a. The structure shall not be used for human habitation.

b. The structure shall be designed to have low flood damage potential.

c. The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters.

d. The structure shall be firmly anchored to prevent flotation which may result in damage to other structures.

e. The structure’s service facilities such as electrical and heating equipment shall be elevated or floodproofed to at least one foot above the 100-year flood level.

(2) Exemption from the 100-year flood elevation requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents.

L. Recreational Vehicles.

(1) Recreational vehicles are exempt from the requirements of Section 165.19(10)(E) of this section regarding anchoring and elevation of factory-built homes when the following criteria are satisfied.

a. The recreational vehicle shall be located on the site for less than 180 consecutive days, and,

b. The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

(2) Recreational vehicles that are located on the site for more than 180 consecutive days and are not ready for highway use must satisfy requirements of Section 165.19(10)(E) of this section regarding anchoring and elevation of factory-built homes.

M. Pipeline river and stream crossings shall be buried in the stream bed and banks, or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering.

11. General Flood Plain (Overlay) District - FP.

A. Permitted Uses. The following uses shall be permitted within the General Flood Plain District to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not include placement of structures, factory-built homes, fill or other obstructions; the storage of materials or equipment; excavation or alteration of a watercourse.

(1) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.

(2) Industrial-commercial uses such as loading areas, parking areas, and airport landing strips.

(3) Private and public recreation uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails.

(4) Residential uses such as lawns, gardens, parking areas and play areas.

B. Conditional Uses. Any use which involves placement of structures, factory-built homes, fill or other obstructions; the storage of materials or equipment; excavation or alteration of a watercourse may be allowed only upon issuance of a conditional use permit by the Board of Adjustment as provided for in Section 165.19(17). All such uses shall be reviewed by the Department of Natural Resources to determine (i) whether the land involved is either wholly or partly within the floodway or floodway fringe and (ii) the 100-year flood level. The applicant shall be responsible for providing the Department of Natural Resources with sufficient technical information to make the determination.

C. Performance Standards.

(1) All conditional uses, or portions thereof, to be located in the floodway as determined by the Department of Natural Resources shall meet the applicable provisions and standards of the Floodway (Overlay) District (subsection 9 of this section).

(2) All conditional uses, or portions thereof, to be located in the floodway fringe as determined by the Department of Natural Resources shall meet the applicable standards of the Floodway Fringe (Overlay) District (subsection 10 of this section).

12. Administration. The Zoning Administration Officer shall administer and enforce this section. The duties and responsibilities of the Zoning Administration Officer include, but are not necessarily limited to, the following:

A. Review all flood plain development permit applications to assure that the provisions of this section will be satisfied.

B. Review all flood plain development permit applications to assure that all necessary permits have been obtained from Federal, State or local governmental agencies including approval when required from the Department of Natural Resources for flood plain construction.

C. Record and maintain a record of (i) the elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including basement) of all new or substantially improved structures or (ii) the elevation to which new or substantially improved structures have been floodproofed.

D. Notify adjacent communities and/or countries and the Department of Natural Resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifications to the Federal Emergency Management Agency.

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

F. Submit to the Federal Insurance Administrator an annual report concerning the community’s participation, utilizing the annual report form supplied by the Federal Insurance Administrator.

G. Notify the Federal Insurance Administration of any annexations or modifications to the community’s boundaries.

H. Review subdivision proposals to insure such proposals are consistent with the purpose of this section and advise the Council of potential conflicts.

13. Flood Plain Development Permit Required. A Flood Plain Development Permit issued by the Zoning Administration Officer shall be secured prior to any flood plain development (any manmade change to improved or 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-built homes.

14. Application For Permit. Application for a Flood Plain Development Permit shall be made on forms supplied by the Zoning Administration Officer and shall include the following information.

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

B. 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.

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

D. Elevation of the 100-year flood.

E. Elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including basement) of buildings or of the level to which a building is to be floodproofed.

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

G. Such other information as the Administrator deems reasonably necessary (e.g., drawings or a site plan) for the purpose of this section.

15. Action On Permit Application. The Zoning Administration Officer shall, within a reasonable time, make a determination as to whether the proposed flood plain development meets the applicable standards of this section and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefor. The Zoning Administration Officer shall not issue permits for variances except as directed by the Board of Adjustment.

16. Construction and Use to be as Provided in Application and Plans. Flood Plain Development Permits issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this section. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished fill, building floor elevations, floodproofing or other flood protection measures were accomplished in compliance with the provisions of this section, prior to the use or occupancy of any structure.

17. Conditional Uses, Appeals and Variances. The Board of Adjustment shall hear and decide (i) applications for conditional uses upon which the Board is authorized to pass under this section; (ii) appeals, and (iii) requests for variances to the provisions of this section; and shall take any other action which is required of the Board.

A. Conditional Uses. Requests for conditional uses shall be submitted to the Administrator, who shall forward such to the Board of Adjustment for consideration. Such requests shall include information ordinarily submitted with applications as well as any additional information deemed necessary by the Board of Adjustment.

B. Appeals. Where it is alleged there is any error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this section, the aggrieved party may appeal such action. The notice of appeal shall be filed with the Board of Adjustment and with the official from whom the appeal is taken and shall set forth the specific reason for the appeal. The official from whom the appeal is taken shall transmit to the Board of Adjustment all the documents constituting the record upon which the action appealed from was taken.

C. Variances. The Board of Adjustment may authorize upon request in specific cases such variances from the terms of this section that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this section will result in unnecessary hardship. Variances granted must meet the following applicable standards.

(1) Variances shall only be granted upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local codes or ordinances.

(2) Variances shall not be issued within any designated floodway if any increase in flood levels during the 100-year flood would result. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands.

(3) Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(4) In cases where the variance involves a lower level of flood protection for buildings than what is ordinarily required by this section, the applicant shall be notified in writing over the signature of the Administrator that (i) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction increases risks to life and property.

(5) All variances granted shall have the concurrence or approval of the Department of Natural Resources.

D. Hearings and Decisions of the Board of Adjustment.

(1) Hearings. Upon the filing with the Board of Adjustment of an appeal, an application for a conditional use or a request for a variance, the Board shall hold a public hearing. The Board shall fix a reasonable time for the hearing and give public notice thereof, as well as due notice to parties in interest. At the hearing, any party may appear in person or by agent or attorney and present written or oral evidence. The Board may require the appellant or applicant to provide such information as is reasonably deemed necessary and may request the technical assistance and/or evaluation of a professional engineer or other expert person or agency, including the Department of Natural Resources.

(2) Decisions. The Board shall arrive at a decision on an appeal, conditional use or variance within a reasonable time. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this section, reverse or affirm wholly or in part, or modify the order, requirement, decision, or determination appealed from, and it shall make its decision, in writing, setting forth the findings of fact and the reasons for its decision. In granting a conditional use or variance, the Board shall consider such factors as contained in this section and all other relevant sections of this section and may prescribe such conditions as contained in subsection 19 of this section.

18. Factors Upon Which the Decision To Grant Variances Is Based. In passing upon applications for variances, the Board shall consider all relevant factors specified in other sections of this section and:

A. The danger to life and property due to increased flood heights or velocities caused by encroachments.

B. The danger that materials may be swept on to other land or downstream to the injury of others.

C. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

D. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

E. The importance of the service provided by the proposed facility to the City.

F. The requirements of the facility for a flood plain location.

G. The availability of alternate locations not subject to flooding for the proposed use.

H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

I. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.

J. The safety of access to the property in times of flood for ordinary and emergency vehicles.

K. The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site.

L. The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities (sewer, gas, electrical and water systems), facilities, streets and bridges.

M. Such other factors which are relevant to the purpose of this section.

19. Conditions Attached To Variances. Upon consideration of the factors listed above, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose of this section. Such conditions may include, but not necessarily be limited to:

A. Modification of waste disposal and water supply facilities.

B. Limitation on periods of use and operation.

C. Imposition of operational controls, sureties, and deed restrictions.

D. Requirements for construction of channel modifications, dikes, levees, and other protective measures, provided such are approved by the Department of Natural Resources and are deemed the only practical alternative to achieving the purpose of this section.

E. Floodproofing measures designed consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Board of Adjustment shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

20. Appeals To the Court. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the Board.

21. Nonconforming Uses.

A. A structure or the use of a structure or premises which was lawful before the passage or amendment of this section but which is not in conformity with the provisions of this section may be continued subject to the following conditions:

(1) If such use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this section.

(2) Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses.

(3) If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this section.

B. Except as provided in subsection (2) above, any use which has been permitted as a conditional use or variance shall be considered a conforming use.

22. Amendments. The regulations and standards set forth in this section may from time to time be amended, supplemented, changed, or repealed. No amendment, supplement, change, or modification shall be undertaken without prior approval of the Department of Natural Resources.

165.20 SPECIAL PERMIT – PROCEDURE AND REQUIREMENTS. A special permit is a building permit issued by the Zoning Administration Officer and approved. by the Commission. Where a special permit is required by these regulations, the following requirements shall be complied with:

1. Request Referred to Commission. The request shall be referred to Commission for their study and recommendation.

2. Commission Action. The Commission shall have thirty (30) days for their study and recommendation. If the recommendation is not received by the Council within the thirty (30) days, the application is automatically approved by the Commission.

3. Written Report. The recommendation by the Commission will be in a written report for or against.

4. Council Action. The Council, after receiving the Commission report, shall approve or deny the special permit within thirty (30) days. If no action is taken, the permit is automatically approved.

5. Protection of Public Welfare. The use shall be so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.

6. Does Not Increase Traffic Hazards or Congestion. The use will not substantially increase traffic hazards or congestion.

7. No Injury to Property Values. The use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.

8. Fire Hazards. The use will not substantially increase fire hazards.

9. Compatibility. The use will be compatible with adjoining development and the proposed character of the zone district where it is to be located.

10. Landscaping and Screening. Adequate landscaping and screening shall be provided as required herein.

11. Parking and Traffic Flow. Adequate off-street parking and loading shall be provided and ingress and egress shall be so designed as to cause minimum interference with traffic on abutting street.

12. Performance Standards. The use will meet the performance standards for the zone district where it is to be located.

165.21 OFF-STREET PARKING. There shall be provided at the time any new building or structure is erected off-street parking spaces open to the public at no charge in accordance with the following. (Exception: The immediate downtown area as designated on the official zoning map is to be excluded and authority is hereby granted to the Council, upon recommendation by the Commission, to deviate from the following requirements in any case in which said requirements provide for more than 200 off-street parking spaces for any one business.)

1. Automobile Sales and Service – 1 space for each 400 square feet of gross floor area.

2. Banks and Business Offices – 1 space for each 300 square feet of gross floor area.

3. Bowling Alleys – 5 spaces for each bowling lane.

4. Churches, Funeral Homes and Mortuaries – 1 space for each 4 seats in the main auditorium.

5. Dance Halls and Assembly Halls Without Fixed Seats – 1 space for each 100 square feet of gross floor area or 1 for each 3 fixed seats, as appropriate.

6. Fraternity or Sorority Houses – 1 space for each 2 beds.

7. Furniture and Appliance Stores, Household Equipment and Furniture Repair Shops – 1 space for each 500 square feet of gross floor area.

8. Hospitals – 1 space for each 4 beds, plus 1 space for each 2 resident staff physicians, plus 1 space for each 3 employees on the largest shift.

9. Hotels, rooming or lodging houses – 1 space for - each lodging unit for the first 20 units, plus 1 space for each 2 units in excess of 20.

10. Manufacturing or Industrial Plants – 1 space for each 2 employees on the maximum working shift, plus space to accommodate all trucks or other vehicles used in connection therewith.

11. Motels – 1 space for each sleeping room.

12. Nursing, Convalescent or Retirement Homes – 1 space for each 5 beds.

13. Restaurants, Taverns and Night Clubs – 1 space for each 2½ seats.

14. Retail Stores, Shops or Personal Service Establishments – 1 space for each 200 square feet of gross floor area.

15. Schools:

A. Elementary Schools – 1 space for each 10 seats in the auditorium or 1 for each classroom, whichever is greater.

B. Secondary Schools and Colleges – 1 space for each 8 seats in the auditorium, or 3 spaces for each classroom and office, whichever is greater.

16. Sports Arenas, Stadium, Gymnasium (other than in schools) – 1 space for each 4 seats or seating spaces.

17. Supermarkets – 1 space for each 200 square feet of gross floor area.

18. Theaters or Auditoriums (except in schools) – 1 space for each 4 seats or bench seating spaces.

19. Wholesale Establishments or Warehouses – 1 space for each employee.

20. Doctor’s Offices, Medical and Dental Clinics, and Veterinary Clinics – 5 spaces for each practitioner, plus 1 space for each 2 employees other than practitioners.

21. Other Parking:

A. In case of any building structure or premises, the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar shall apply, as determined by the Commission.

B. Where fractional spaces occur, the parking spaces required shall be construed to be the next whole number.

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

D. All required off-street parking areas shall be graded and drained to dispose of all surface water accumulation within the area.

E. Any lighting used to illuminate any off-street parking area shall be arranged to reflect the light away from adjoining premises in any R District.

F. No part of any parking space shall be closer than 5 feet to any established street right-of-way line. In case the parking lot adjoins an R District, it shall be set back at least 5 feet from the R District boundary and shall be effectively screen-planted.

165.22 NONCONFORMING BUILDINGS AND USES. The lawful use of any building or land existing at the time of the enactment of these regulations may be continued although such use does not conform with these regulations.

1. Abandonment. Whenever a nonconforming use has been discontinued for a period of one (1) year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of these regulations.

2. Structural Alterations. No structural alterations shall be made to any such nonconforming structure or building which will increase its degree of nonconformity except as may be ordered or required by law or ordinance or regulations based on law or ordinance. This shall not be construed to prohibit maintenance and repair work necessary to keep a structure in sound condition.

3. Repair or Reconstruction. Should a nonconforming structure be destroyed by any means to an extent of more than seventy-five percent (75%) of its replacement cost at the time of destruction, lot and foundation excluded from the appraised value, it shall not be repaired or reconstructed except in conformance with the applicable primary use zoning district regulations and standards. Nonconforming structures located in any of the three (3) flood plain overlay districts shall not be repaired or reconstructed except in conformance with the applicable flood plain overlay district regulations and standards where the extent of destruction is more than fifty percent (50%) of its market value before the destruction. Reconstruction shall begin within one (1) year of the destruction.

4. Substitution. If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of the same or more restrictive classification. Whenever a nonconforming use has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.

5. Discontinuance of Certain Uses. There are found to be certain uses of land, building and structures which have an adverse effect on the carrying out of the comprehensive plan and which can reasonably be discontinued after a reasonable period of time, irrespective of aforesaid rules as to nonconforming uses. The following uses shall be removed or made conforming within the specified discontinuance period. Said discontinuance period shall commence upon the effective date of these regulations.

A. Fences, walls and foliage which constitutes a hazard by virtue of impairing sight distances at a curve or intersection shall be made conforming within one (1) calendar year.

B. Billboards and Signs. (Repealed by Ordinance No. 440 – Dec. 01 Supp.)

C. All provisions in business and industrial zones of this Code setting forth specifications for the operation of a business or industry involving fencing or shielding shall be complied within one (1) calendar year.

D. Nonconforming open space storage operations, such as truck parking, automobile wrecking, salvage material storage and similar uses not involving structures or buildings, shall be made conforming within two (2) calendar years.

165.23 AIRSPACE ZONING.†

1. Airport Zones and Airspace Height Limitations. In order to carry out the provisions of this section, there are hereby created and established certain zones which are depicted on the Airport Height Zoning Map. A structure located in more than one (1) zone of the following zones is considered to be only in the zone with the more restrictive height limitations. The various zones are hereby established and defined as follows: (Ord. 513 – Jun. 07 Supp.)

A. Horizontal Zone. The land lying under a horizontal plane one hundred fifty (150) feet above the established elevations, the perimeter of which is constructed by swinging arcs of five thousand (5,000) feet radii from the center of each end of the primary surface of runways eighteen (18) and thirty-six (36) and connecting the adjacent arcs by lines tangent to those arcs. No structure shall exceed one hundred and fifty (150) feet above the established airport elevation in the horizontal zone, as depicted on the Airport Height Zoning Map. (Ord. 513 – Jun. 07 Supp.)

B. Conical Zone. The land lying under a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) feet to one (1) for a horizontal distance of four thousand (4,000) feet. No structure shall penetrate the conical surface in the conical zone, as depicted on the Airport Height Zoning Map. (Ord. 513 – Jun. 07 Supp.)

C. Approach Zone. The land lying under the surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface.

(Note: An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.)

(1) Visual Other Than Utility Runway and Non-precision Instrument Runway. The inner edge of the approach surface is:

a. Fifteen hundred (1500) feet wide for Runway 18.

b. Two thousand (2,000) feet for Runway 36.

(2) The approach zone extends for a horizontal distance of 5,000 feet at a slope of 20 to 1 for Runways 18-36.

No structure shall exceed the approach surface to any runway, as depicted on the Airport Height Zoning Map.

(Ord. 513 – Jun. 07 Supp.)

D. Transitional Zone. The land lying under those surfaces extending outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven (7) to one (1) from the sides of the primary surface and from the sides of the approach surfaces. No structures shall exceed the transitional surface, as depicted on the Airport Height Zoning Map. (Ord. 513 – Jun. 07 Supp.)

E. Increase in Elevation of Structures. No structure shall be erected in the County that raises the published minimum descent altitude for an instrument approach to any runway, nor shall any structure be erected that causes the minimum obstruction clearance altitude or minimum en route altitude to be increased on any Federal airway in the County.

2. Use Restrictions. Notwithstanding any other provisions of subsection 1, no use may be made of land or water within the City or County in such a manner as to interfere with the operation of any airborne aircraft. The following special requirements shall apply to each permitted use:

A. Lighting. All lights or illumination used in conjunction with streets, parking, signs or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the Cherokee County Regional Airport or in the vicinity thereof. (Ord. 513 – Jun. 07 Supp.)

B. Visual Hazards. No operation from any use shall produce smoke, glare or other visual hazards within three (3) statute miles of any usable runway of the Cherokee County Regional Airport.

(Ord. 513 – Jun. 07 Supp.)

C. Electronic Interference. No operation from any use in the City or County shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.

3. Lighting. Notwithstanding the provisions of subsection 2, the owner of any structure over two hundred (200) feet above ground level must install on the structure lighting in accordance with Federal Aviation Administration (FAA), Advisory Circular 70-7460-1D and amendments. Additionally, any structure constructed after the effective date of this section (October 14, 1980) and exceeding nine hundred forty-nine (949) feet above ground level, must install on that structure high intensity white obstruction lights in accordance with Chapter 6 of FAA Advisory Circular 7460-1D and amendments. Any permit or variance granted may be so conditioned as to require the owner of the structure or growth in question to permit the City or County at its own expense to install, operate and maintain thereto such markers or lights as may be necessary to indicate to pilots the presence of an airspace hazard.

4. Variances. Any person desiring to erect or increase the height of any structure, or to permit the growth of any tree, or otherwise use property in violation of any section of this chapter, may apply to the Board of Adjustment for variance from such regulations. No application for variance to the requirements of this chapter may be considered by the Board of Adjustment unless a copy of the application has been submitted to Cherokee Aviation Authority Board for an opinion as to the aeronautical effects of such a variance. If the Cherokee Aviation Authority Board does not respond to the Board of Adjustment within fifteen (15) days from receipt of the copy of the application, the board may make its decision to grant or deny the variance.

(Ord. 513 – Jun. 07 Supp.)

5. Board of Adjustment. The Council and Cherokee County Board of Supervisors hereby appoint the Board of Adjustment of the City to have and exercise the same powers and duties pursuant to the purposes of these regulations in those areas where said Board may exercise said powers and duties as defined elsewhere in this Zoning Code and the Board of Adjustment of the County shall have the same powers and duties pursuant to the purposes of these regulations by the Cherokee County Zoning Regulations in those areas where said Board may exercise said powers and duties as defined in said County Zoning Regulations.

A. Vote On Variations Or Orders. The concurring vote of three (3) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant, on any matter upon which it is required to pass under this section, or to effect variations of this section.

B. Judicial Review. Any person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment, may appeal to the court of record as provided in the Code of Iowa, Section 414.15.

6. Administrative Agency. It is the duty of the Cherokee Aviation Authority Board to administer the regulations prescribed herein. Applications for permits and variances shall be made to the appropriate zoning officer upon a form furnished by the City. Applications required by this chapter to be submitted to the Cherokee Aviation Authority Board shall be promptly considered and granted or denied. Application for action by the Board of Adjustment shall be forthwith transmitted by the zoning officer. (Ord. 513 – Jun. 07 Supp.)

7. Conflicting Regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulations applicable to the same area, whether the conflict be with respect to height of structures, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

8. Penalties. Each violation of this section or of any regulation, order, or ruling promulgated hereunder shall constitute a simple misdemeanor, and each day a violation continues to exist shall constitute a separate offense.

165.24 PATIOS AND DECKS. Patios and decks shall be allowed in all residential districts. Building permits shall be required for all patios and decks, except those with a deck height less than two (2) feet above ground level. All patios and decks shall comply with front, rear, and side yard requirements.

(Ord. 544 – Jul. 09 Supp.)

165.25 FENCES. Construction of fences shall hereafter be regulated within the City. A fence shall be classified as a structure and require a building permit to be applied for and granted by the City. The fee for the building permit shall be set by resolution of the Council. The following regulations shall govern the construction of fences within the City:

1. Fences are allowed on the property line, provided the property owner has thorough knowledge of the location of the property line. The City recommends that the fence be set back far enough to allow for maintenance of the fence and surrounding property.

2. The attractive/finished side of a fence shall be constructed so as to face toward an adjoining property owner.

3. The maximum height of a fence in a front yard, in front of a plane extending to either side of the front of a structure shall have a maximum height of four (4) feet.

4. The maximum height of a fence in a side or rear yard where there is no adjacent street to either the side or rear yard shall be six (6) feet.

5. The maximum height of a fence adjacent to a street in a side or rear yard shall not exceed four (4) feet.

6. The quality of fencing materials and construction must be such that it will not unreasonably detract from the character of the surrounding neighborhood.

7. The Zoning Administrator shall have the authority to stray from the above regulations on a case by case basis in order to ensure that the sight distance requirements in this Code of Ordinances are satisfied.

8. The above regulations shall not alter the requirement that a swimming pool or tennis court be enclosed by fencing at least five (5) feet high as provided in Section 165.11(2)(J).

9. The maximum height of a fence on any lot used for commercial or industrial purposes in any commercial or industrial district shall be ten (10) feet. (Ord. 499 – Nov. 05 Supp.)

165.26 BOARD OF ADJUSTMENT.

1. Establishment. A Board of Adjustment is hereby established. The Board shall consist of five (5) members, appointed for overlapping terms of five (5) years. Members shall be removable for cause by the Council, upon written charges and after a public hearing. Vacancies shall be filled for an unexpired term of any member whose term becomes vacant. All appointments shall be made by the Council.

2. Rules, Meetings and General Procedure. The Board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this chapter. Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board may determine. Such chairperson, or in the absence of the chairperson, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board 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 immediately filed in the office of the Board and shall be a public record.

3. Appeals. Where it is alleged there is any error in any order, requirement, decision, or determination made by the Zoning Administration Officer, an appeal may be made to the Board by any person aggrieved by such action or by any officer, department, Board or bureau affected by such action. Where it is alleged that the literal enforcement of the provisions of these regulations will result in unnecessary hardship, an appeal may be made to the Board. Such appeal shall be taken within a reasonable time as provided by the rules of the Board by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

4. Effect of Appeal. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal shall have been filed with said officer that by reason of facts stated in the certificate a stay would, in the opinion of such officer, 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 the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and due cause shown.

5. Powers. The Board shall have the following powers:

A. Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto.

B. Special Exceptions. To hear and decide special exceptions to the terms of these regulations upon which such Board is required to pass.

C. Variances. To authorize upon appeal in specific cases such variance from the terms of these regulations as will not be contrary to the public interest, where owing to special conditions a literal enforcement of these regulations will result in unnecessary hardship and so that the spirit of the code shall be observed and substantial justice done.

6. Decision On Appeal. In exercising the above mentioned powers, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

7. Vote Required. The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass or to effect any variation.

8. Fees. A fee of $150.00 shall be paid to the Clerk at the time the Notice of Appeal is filed, to the credit of the General Fund of the City.

(Ord. 468 – Aug-04 Supp.)

9. Court Appeal. Any person or persons, or any board, taxpayer, department, Board or bureau of the community aggrieved by the decision of the Board may seek review of such decision of the Board by a court of record.

10. Council Review of Variances. The City Council shall be provided with the decision of the Board of Adjustment regarding all variances. The Council may take no action on a variance and the variance shall become effective upon publication. If the Council remands the variance to the Board of Adjustment with its suggestions for further study, then the effective date of the variance shall be delayed until 30 days after the Council’s remand to the Board of Adjustment.

(Ord. 447 – Jun. 03 Supp.)

165.27 PERMITS REQUIRED. The following are permit requirements:

1. Building Permit. Building permits shall be obtained from the Zoning Administration Officer before starting or proceeding with the erection, construction, moving in, or the structural alteration of a building or structure including billboards. Permits shall be kept on file in the office of the Clerk. Building permits shall be issued to complying applicants within ten (10) days after application is made. In addition:

A. Application forms shall be provided by the Zoning Administration Officer for use of those applying for the permit and the following information will be attached:

(1) A plan in duplicate drawn to scale of the structure.

(2) Dimension of the lot to be built on.

(3) Size and location of the structure to be erected on the lot.

(4) Dimension of the required yards for parking and open space.

B. One copy of the plan is to be returned to the owner or contractor when the permit is approved.

C. Any building permit under which no construction work has been started within six (6) months after date of issue or which the proposed construction site has not been completed within two (2) years of the date of issue, shall expire.

D. City, County, State, and Federal governments will not be exempt from said permit.

E. Before receiving a building permit the owner or authorized agent shall pay to the City the permit fee as provided by resolution of the Council. Such fee may be based on valuation.

2. Special Permit. Where a proposed use, activity or construction is classified as a special permit use, a certificate of compliance shall be obtained prior to initiation of activities or construction. The certificate of compliance shall be issued either by the Zoning Administration Officer on direction of the Council and state that various standards and provisions of the applicable zoning district are being met or by the Board as provided for in Section 165.26. The applicant or appellant shall provide such information as the Zoning Administration Officer, the Commission, the Council or the Board deems necessary to make a determination. Special permit uses issued a certificate of compliance shall be considered a conforming use. Where a special permit use involves a new or substantially improved structure for which flood insurance can be obtained, the Zoning Administration Officer shall maintain a record of the first floor elevation or the level of flood proofing in relation to mean sea level.

165.28 AMENDMENTS TO REGULATIONS. The Council may, from time to time, on petition from any person or on the recommendation of the Commission, after public notice and hearing as provided by law, amend, supplement or change the regulations herein or subsequently established. In addition:

1. Action by Commission. Where any proposed amendment, supplement, or change does not originate with the Commission, before action thereon by the Council, the said proposal shall be submitted to said Commission and its recommendations thereon obtained, provided, however, that this requirement shall not act as a stay upon the prospective action by the Council where said Commission shall have failed to file same within thirty (30) days after receiving written notice requesting such recommendation.

2. Public Hearing. A public hearing shall be held by the Council before adoption of any proposed amendment to this chapter. A notice of such public hearing shall be established for such hearing in a newspaper of general circulation within the City. Notice shall include the time and place for the hearing.

3. Fee. A fee of twenty-five dollars ($25.00) shall be paid to the Clerk at the time the proposed amendment is filed, to the credit of the General Fund of the City. The Commission shall be exempt from this fee.

165.29 AMENDMENTS TO CHANGE DISTRICT BOUNDARIES. The Council may, from time to time, on petition from any person or on the recommendation of the Commission, after public notice and hearing as provided by law, amend, supplement, or change the district boundaries herein or subsequently established.

1. Filing. If the amendment or change does not originate with the Commission, an application shall be filed with the Clerk, accompanied by a fee of twenty-five dollars ($25.00) and shall contain the following information:

A. The legal description, local address and owner’s name of the property to be rezoned.

B. The present zoning classification and the zoning classification being requested for the property or area.

C. The existing use and proposed use of the property or area.

D. A map or diagram showing the area affected by the proposed amendment or change, together with boundaries of the area to be rezoned. This is to include all property within two hundred (200) feet thereof, including streets, alleys, railroads, highways, and other physical features or landmarks.

E. A sketch or diagram showing the location and dimension of the proposed structure or building to be placed on the rezoned area or property.

F. The names and addresses of all the owners on record in the office of the assessor of all property within two hundred (200) feet of the property for which the change is requested, the names and addresses to be identified with all property affected. Names are to be certified by an abstractor, County Recorder, an attorney, or other authority that the Commission deems appropriate.

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

2. Deposit of Fees. All fees shall be deposited to the General Revenue Fund of the City. No refunds shall be made, should the request be denied.

3. Action by Commission. When the application is received by the Clerk, a copy of all the data shall be forwarded immediately to the Commission for their study and recommendation. The Commission shall, prior to making a recommendation, determine the following:

A. Are the application, maps, diagrams and sketches completed and in agreement with the regulations?

B. Is the current district classification of the property to be rezoned nonconforming to the proposed use?

C. Is the proposed use applicable to the requested zone change?

D. Is there a need for additional land zoned for the proposed request?

E. Is the proposed change compatible to the present area?

F. What traffic conditions are to be affected by the zoning change?

G. What future demand shall be made on the utilities in the area, caused by the zoning change?

4. Written Report by Commission. The Commission shall have thirty (30) days in which to submit its written report on the application for zoning changes to the Council. If the Commission fails to submit a written report in thirty (30) days, it shall be deemed to have approved the proposed amendment.

5. Public Hearing. A public hearing shall be held by the Council before adoption of any proposed amendment to these regulations. A notice of such public hearing shall be published not less than seven (7) or more than twenty (20) days prior to the date established for such hearing in a newspaper of general circulation within the City. Notice shall include the time and place for the hearing.

6. Vote by Council. In case the Commission does not approve the change, or in the case of a protest filed with the Council against a change in district boundaries, signed by the owners of twenty percent (20%) or more, either of the area of lots included in such proposed change or of those immediately adjacent thereto and within two hundred (200) feet of the boundaries of proposed change, such amendment shall not be passed, except by the favorable vote of four-fifths (4/5) of all the Council members. The area included in the change and the area immediately adjacent may be combined to equal the twenty percent (20%).

7. Renewal of Application. Whenever an application requesting an amendment or change of the zoning district boundaries has been denied by the Council, such an application cannot be renewed for one (1) year thereafter, unless it is signed by the owners of at least fifty percent (50%) of the property within two hundred (200) feet of the boundaries of the proposed change and, in addition, by at least fifty percent (50%) of those property owners who previously objected to the change.

165.30 ADMINISTRATIVE STANDARDS. Whenever, in the course of administration and enforcement of these regulations, it is necessary or desirable to make any administrative decision, then, unless other standards are in these regulations provided, the decision shall be made so that the result will not be contrary to the spirit and purpose of this Code or injurious to the surrounding neighborhood.

165.31 ENFORCEMENT. The provisions of this Code shall be enforced by such municipal official as may be designated by the Council, and according to such rules as may be adopted by the Board, subject to the approval of the Council. Appeal from any decision of the enforcing officer may be made to the Board.

(Code of Iowa, Sec. 372.13)

165.32 DEVELOPMENT PLAN REQUIREMENTS. A development plan shall be prepared for any proposed development on property zoned for industrial, commercial, or residential with more than 5 units. The development plan shall include all of the following (except as noted herein):

1. Proposed name of the development.

2. Location by legal description.

3. Names, addresses and telephone numbers of applicant and designer of the plan.

4. A scale drawing of plan.

5. Date, and north arrow.

6. Contours at five-foot intervals. The City may, at its discretion, permit the use of spot elevations for plans of expansions of existing buildings or paved areas.

7. The boundary lines of the area included in the development plan, including angles, dimensions and reference to a section corner, quarter corner or point on a record plat.

8. Location, widths and names of all existing or platted streets, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, houses or permanent easements, and natural features, such as woodlots, streams and lakes or ponds, and section and municipal boundary lines, within two hundred (200) feet of the development. Those items listed above which are to be retained, removed or altered shall be indicated on the plan.

9. Existing sewers, water mains, culverts and other underground facilities within the tract, indicating pipe sizes, grades, manholes and location.

10. Location arrangement and dimensions of proposed buildings and structures.

11. A schedule indicating total floor area, dwelling units, land area, parking spaces, total estimated employment on site, building site coverage and any other quantities needed to determine compliance with the zoning ordinance.

12. Drainage system including finished grades, slopes, banks and ditches.

13. Preliminary sketches of building elevations depicting the general style, size and exterior construction materials of the building proposed.

14. Location arrangement and dimensions of automobile parking spaces, width of aisles, width of bays, angle of parking and other similar information.

15. Location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes, location and dimensions of pedestrian entrances, exits, walks and walkways.

16. Location, height and materials of walls and fences.

17. Outside lighting.

18. Location and specifications of landscape material.

Whenever a tract of property is proposed for rezoning, only items 1 through 11 are required to be shown on the development plan submitted with the rezoning application. In addition to items 1 through 11 the development plan shall include proposed parking lots, drives and proposed public streets, if any. A complete preliminary development plan shall be approved by the Commission prior to issuance of a building permit. Ten (10) copies of the preliminary development plan shall be submitted with the application for rezoning, special use or plan review.

165.33 SIGN ORDINANCE. This Ordinance shall be known as the Sign Ordinance of the City of Cherokee, Iowa, and may be cited as such, and may be referred to herein as "This Ordinance" or "This Code." The purpose and intent of this Ordinance shall be to regulate the number, size, and design of signs so that signs will not by reason, number, size, locations, construction or manner of display endanger the public health, safety, welfare, or morale: confuse, mislead, obstruct vision necessary for traffic safety, or over-attract motorist's attention from hazards of the road and traffic; or be detrimental to property values and esthetics of the community.

1. Definitions. The following definitions shall apply wherever the following terms are used in this Ordinance.

A. Administrator. The Zoning Administrator or his/her designated representative.

B. Animation. Rotation or any other movement or appearance thereof, or change of lighting to depict action or create a special effect or scene, whether by atmospheric movement, mechanical, or electrical means, or any combination thereof.

C. Area, sign. The area of the largest single face of a sign within not more than two rectangles enclosing the extreme points or edges including air space and background of the sign, but not including poles or supports on which the sign is placed if they do not include copy. The area of a sign composed of symbols or letters attached directly to a building or wall surface shall be computed by drawing not more than two rectangles enclosing the entire group of symbols.

D. Awning. A temporary shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework.

E. Background Area. The entire area of a sign on which copy could be placed, as opposed to the copy area.

F. Building Face or Wall. All window and wall area of a building in one plane or elevation.

G. Building Frontage. The linear length of a building facing the right-of-way OR the linear length of the right-of-way facing the building, whichever is SMALLER.

H. Canopy (or Marquee). A permanent roof-like shelter extending from part or all of a building face over a public right-of-way and constructed of some durable material such as metal, glass, or plastic.

I. Chasing. The effect produced by using three electrical contacts, which cause lamps to come on in a one-two-three sequence repeatedly, as characterized by the borders of movie marquees.

J. City. City means the city, town or municipality of Cherokee, Iowa.

K. Copy. Words, letters, logos, figures, symbols, illustrations, or patterns that form a message or otherwise call attention to a business, product, service, or activity, or to the sign itself.

L. Copy Area. The smallest rectangle which encloses the actual copy of a sign.

M. Council. The City Council of Cherokee, Iowa.

N. Erected. This term shall mean attached, altered, built, constructed, reconstructed, enlarged or moved, and shall include the painting of wall signs, but does not include copy changes on any sign.

O. Face. The copy area, background area, and the peripheral encasement, structural elements, or trim which forms the outer perimeter of the sign, but not including poles, monuments, or

similar support structures. Face refers to the largest dimension of the entire sign excluding any/all support structures.

P. Fade. On an electronic message center, a gradual changing of one copy display to another in a manner that one display appears to dissolve as another forms.

Q. Flashing. A change in light intensity at regular intervals, including repeated brightening or dimming of lights, change in contrast or hue, or turning them on and off in a manner in which the duration of light is less than the duration or darkness.

R. Frontage. The width of a lot as measured in a straight line at the street line, said measurement to be along a chord between the end points in the case of a curved street line.

S. Ground Level. Finish grade line of site within setback limits.

T. Lot. A parcel of land having such dimensions and size as is necessary to comply with all of the requirements of the Zoning Ordinance and all other ordinances of the City for such structures as may be placed on such land, and all uses of such land.

U. Maintain. To permit a sign, structure or any part of each to continue or to repair or refurbish a sign, structure of any part of either.

V. Message. Copy or a series of copy displays that directly or indirectly names, advertises, or calls attention to a business, product, service or other activity.

W. Message Center, Electronic. A sign, which uses a bank of lights that can be individually lit, to form copy, including time and temperature signs.

X. Parapet or Parapet Wall. That portion of a building wall that rises above the roof level.

Y. Premises. A lot together with the structures and other improvements located thereon.

Z. Public Right-of-Way Width. The particular distance across a public street, measured from property line to property line. When property lines on opposite sides of the public street are not parallel, the public right-of-way width shall be determined by the City Engineer.

AA. Roof Line. The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

BB. Scintillation. The effect produced by turning lamps on and off in a seemingly random pattern, customarily producing a twinkling effect.

CC. Scrolling. On an electronic message center, a form of animation whereby elements of copy are sequentially displayed so as to give the appearance of movement on or across the sign, whether vertically or horizontally.

DD. Sign. Any identification, description, illustration or device illuminated or non-illuminated which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information with the exception of window displays and national flags. For the purpose of removal, signs shall also include all sign structures.

EE. Sign, Abandoned. A sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product or activity conducted or product available on the premises where such sign is displayed.

FF. Sign, Banner. A temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere.

GG. Sign, Canopy or Marquee. Any sign attached to or constructed in or on a canopy or marquee.

HH. Sign, Changeable Copy (Manual). A sign on which copy is changed manually in the field, i.e., reader boards with changeable letters or changeable pictorial panels.

II. Sign, Changing (Automatic). A sign as an electronically or electrically controlled public service time, temperature and date sign, message center or readerboard, where different copy changes are shown on the same lamp bank.

JJ. Sign, Directional. Any on-site sign which serves solely to designate the location or direction of any place or area within the site.

KK. Sign, Directory. A sign listing the occupants of the premises.

LL. Sign, Directly Illuminated. Any sign designated to provide artificial light whether through exposed lighting on the sign face or through transparent or translucent material from a light source within the range.

MM. Sign, Exempt. A sign exempted from normal permit requirements.

NN. Sign, Flashing. Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally-mounted intermittent light source. Automatic changing signs such as public service time, temperature and date signs or electronically controlled message centers are classed as "Changing Signs" not "Flashing Signs."

OO. Sign, Free-Standing. See "Ground Sign."

PP. Sign, Ground. A sign erected on a free-standing frame, base, mast or pole and not attached to any building.

QQ. Sign, Height of. The vertical distance measured from the ground level at point of location of the sign on the site.

RR. Sign, Identification. A sign which is limited to the name, address and number of a building, institution or person and to the activity carried on in the building or institution, or the occupancy of the person.

SS. Sign, Illuminated. Any sign which emanates light either by means of exposed tubing or lamps on its surface, or by means of illumination transmitted through the sign faces.

TT. Sign, Indirectly Illuminated. Any sign which reflects light from a source intentionally directed upon it; for example, by means of a floodlight, gooseneck reflectors or externally mounted fluorescent light fixtures.

UU. Sign, Individual Letter. Any sign made of self-contained letters that are mounted on the face of a building, top of a parapet, roof edge or a building or on top of or below a marquee.

VV. Sign, Legally Nonconforming. Any sign which does not conform to the requirements of this ordinance, but which was lawfully erected in accordance with the ordinance in effect at the time it was created.

WW. Sign, Monument. A ground sign which is mounted in or on a monument and does not have any exposed pole or pylon, and is attached to a base for at least 60% of the entire width of the sign.

XX. Sign, Multi-Prism. A sign made with a series of triangular vertical sections that turn and stop, or index, to show three pictures or messages in the same area.

YY. Sign, Off-Premises. A sign that advertises or directs attention to another location, or to a business, commodity, service, entertainment, attraction or facility that is generally sold, produced or available at a location other than the lot where the sign is located. May also be referred to or known as an “outdoor advertising sign” or “billboard.” (Ord. 478 – Aug-04 Supp.)

ZZ. Sign, On-Premises. A sign that identifies or directs attention to the business, commodity, service, entertainment, or attraction sold or offered on the same lot where the sign is located.

AAA. Sign, Pole. A ground sign which is supported by one or more poles or pylons.

BBB. Sign, Portable or Temporary. Any sign not permanently attached to the ground or other permanent structure, which is displayed for a specified period of time.

CCC. Signs, Public Service Information. Any sign intended primarily to promote items of general interest to the community such as time, temperature and date, atmospheric conditions, news or traffic control, etc.

DDD. Sign, Real Estate. Any sign pertaining to the sale, lease or rental of land or buildings.

EEE. Sign, Roof. Any sign erected upon, against or directly above a roof or on top of or above the parapet of a building.

FFF. Sign, Seasonal or Holiday. Signs such as Christmas decorations, those used for a historic holiday and installed for a limited period of time.

GGG. Sign, Sticker. A sticker affixed either to the face or the channel of a sign visible from the street denoting the name of the manufacturer or designated servicing company for purposes of identification by City officials.

HHH. Sign Structure. Any structure which supports, has supported or is capable of supporting a sign, including decorative cover.

III. Sign, Unlawful. A sign which contravenes this Code or which the Administrator may declare as unlawful if it becomes dangerous to public safety by reason of dilapidation or abandonment or a nonconforming sign or a sign not specifically allowed by this ordinance or for which a pen-nit required under a previous Code was not obtained.

JJJ. Sign, Wall. A sign attached to or erected against the wall of a building with the face in a parallel plane to the plane of the building wall.

KKK. Sign, Window. A sign installed inside a window for purposes of viewing from outside the premises. This term does not include merchandise located in a window.

LLL. Special Use Permit. Means a use which is normally allowed in a district, but which is of such a nature as to possess potential to create a public nuisance.

MMM. Street Line. A property line between a lot and a contiguous street.

NNN. Underwriter’s Laboratories (48). In the United States, a nonprofit organization that establishes standards for electrical and mechanical equipment and materials and is commonly referred to as “U.” The electrical section is known as “Underwriter’s Laboratories (48).”

2. General Regulations.

A. Permission to Install. No person, business or entity shall erect, construct or maintain any sign upon any property or building without the written consent of the owner or their authorized representative.

B. Obstruction of Fire Exits, Lights or Ventilation. No sign or sign structure shall be permitted to obstruct or interfere in any way with free use of any door, window, or fire escape, nor to obstruct or impair operation of any opening required for light or ventilation.

C. Not to Constitute Traffic Hazard. It shall be illegal for any sign to interfere with, obstruct the view of, or be of such design which may be confused with any authorized traffic sign, signal, or device.

D. Obscene Matter Prohibited. No obscene, indecent, or immoral matter shall be displayed on any sign.

E. Signs Located on or Extending Over City Property. No sign shall be located on or allowed to extend over public property except by permission of the City Council. The zoning official may approve [a sign] that does not extend more than 12 inches from the building face or signs on awnings.

(Ord. 475 – Aug-04 Supp.)

F. Lighting of Signs. Signs may be lit by either internal or external fixtures unless there is a specific requirement to the contrary. In the R- I and R-2 zones, signs shall be non-illuminate or shall be illuminated by internal fixtures or luminous tubes. Fixtures shall be designed to concentrate illumination upon the sign face and prevent glare. A constant level of light shall be maintained, although a automatic dimmer may be used. Lighting shall not flash, move, chase, or otherwise be intermittent unless expressly permitted. Exposed lamps shall not exceed eleven (11) watts and inert gas tube lighting shall not exceed sixty (60) milliamps. Internal lamps and lamps housed inside frosted lamps, or exposed lamps covered with a diffusing screen shall not exceed twenty-five watts. Intensification of illumination by reflecting lamps or external reflectors is prohibited. All signs with electrical components shall utilize Underwriters Laboratory (48) approved parts and shall display the UL (48) approval label.

G. Setback.

Zoning District	Setback
A-1	10' from any property line
R-1, R-2, RPUD, MR	10' from any property line
C-M, M-1, M-2	10' from any property line also beyond any flood plain
C-1	0' from the front property line and 10' from any other property line
Off-premises	See Subsection 165.33(3)(A)(5)

(Ord. 478 – Aug-04 Supp.)

The setback shall be measured from the property line to the closest point of the sign.

H. Minimum Clearance. Pole signs extending over any vehicular drive shall be a minimum of fifteen (15) feet above the grade of said drive. Projecting, awning, and marquee signs shall be a minimum of ninety-one (91) inches above any sidewalk area and a minimum of fifteen (15) feet above any vehicular drive.

(Ord. 475 – Aug-04 Supp.)

I. Maintenance. All signs and parts thereof, including but not limited to electrical wiring and fixtures, supports, faces, lighting, braces, guys and anchors shall be kept in good repair at all times, and shall be kept neatly painted or otherwise treated to prevent rust and similar unsightly deterioration and weathering.

J. Clearance from Electrical Lines. A clearance horizontally and vertically as adopted by the Cherokee City Council shall be maintained between any sign and any overhead transmission line.

K. Wall Signs. Wall signs shall not be mounted above the second story, parapet line, or eave line of any building, whichever is lowest unless otherwise expressly permitted by this ordinance. Such signs shall be parallel to and shall not extend more than twelve inches from the face of the building. Window signs shall be counted as part of the allowable area for wall signs, unless displayed for less than six (6) weeks.

L. Number of Faces. No sign shall have more than two (2) faces, which shall be perpendicular to, or in the case of a curve, radial to the street right of way not to exceed a 45º angle.

M. Emissions Prohibited. No sign shall emit audible sound, noticeable odor, or smoke or other visible matter.

N. Properties Having Frontage on Two or More Streets. If a lot has frontage on two or more streets, signs shall be permitted on any such frontage to which it has direct legal access, in an amount and size not to exceed that permitted and computed individually for each frontage. If using less than the allowable sign area on one street frontage, that unused area cannot be transferred to any other street frontage. Copy of said signs shall be identical on all frontages, except for directional information and address if necessary to properly inform the public.

O. For Sale or Lease Signs. For sale or lease signs shall be removed upon sale or lease of the property, and shall not carry information regarding facilities available on the property or within the building.

P. Political Signs. Political signs, as defined by Section 306C.10(20), Code of Iowa, shall be permitted on private property in accordance with the provisions of Section 306C.22 of said Code for a period beginning forty-five (45) days before the date of the election to which the signs pertain and ending seven (7) days after the date of said election, provided that such signs do not endanger the public health, safety, or general welfare for any reason, and further provided that the area of such sign shall not exceed thirty-two square feet.

3. Permitted Signs.

ZONING DISTRICT	PERMITTED SIGNS
A-1	One real estate sign with a maximum area of 24" x 30", no more than 5' above finished grade line. All other signs require a special use permit.
R-1, R-2, RPUD, MR	One real estate sign with a maximum area of 24" x 30", no more than 5' above finished grade line. One wall sign identifying premises and home occupation, no larger than 3 sq. ft. All other signs require a special use permit.
C-1, CBD	One real estate sign with a maximum area of 4'x 8'. One directory sign no larger than 25 sq. ft., the highest point of the sign to be no higher than 6' above grade line, no closer than 10' from any side property line, with a 0' setback from the front property line ‑ the maximum area for wall and/or ground signs to be reduced accordingly. One each entrance and exit signs no larger than 4 sq. ft. One ground (pole/freestanding) sign identifying principal use no larger than 100 sq. ft. and no more than 35' in height. (Auto dealerships allowed two) Wall sign not to exceed 150 sq. ft. or 10% of the building face which it covers, whichever is smaller. Side setbacks do not apply to wall signs. No limitation on number of signs but the total signage cannot exceed this limit. Not to project more than 12" from the building face. Signs within the designated Cherokee Commercial Historic District are permissible within the following guidelines: a projecting sign, maximum size of 4'x4', including hardware, and projecting up to 4' from the building face with a minimum clearance of 8½' above the sidewalk. Bracketry to be utilized is to be constructed of black wrought-iron and designed with the intent of presenting a clearly historical presentation. No interior lighting of the sign shall be allowed. All other signs require a special use permit. *(Ord. 511 – Jun. 07 Supp.)*
C-M, M-1, M-2	One real estate sign with a maximum area of 4' x 8'. One directory sign no larger than 25 sq. ft. and the highest point of the sign to be no higher than 6' above grade line, the maximum area for wall and/or ground signs to be reduced accordingly. One each entrance and exit signs no larger than 4 sq. ft. One ground (pole) sign identifying principal use no larger than 100 sq. ft. and no higher than the highest principal building, no closer than 10' from any property line. Wall signs – one per street frontage. Maximum area of all wall signs to be 2 x the linear front of the building and not to project more than 12" from the building face. All other signs require a special use permit.

(Ord. 478 – Aug-04 Supp.)

Additional signage will require a special use permit. Off-premises signs ‑ see Subsection 165.33(3)(A)(5).

The setback shall be measured from the property line to the closest point of the sign.

A. Exceptions and Modifications.

(1) Businesses Not Having Street Frontage. Businesses which are visible from the street but do not have frontage on a street shall be permitted one wall sign to be computed at a rate of two (2) square feet per one hundred (100) square feet of the building face which it covers; provided that a minimum of twenty (20) square feet of wall signage shall be permitted for any such occupant.

(2) Planned Unit Development or Special Sign Districts. Planned Unit Developments or other developments are encouraged to set up special districts establishing separate design-oriented regulations which promote better design and higher quality of signs, in lieu of the provisions of this ordinance. Such special provisions shall be submitted for consideration to the Planning and Zoning Commission and City Council, and if approved shall be binding and have the same force and effect as this ordinance. If no special provisions are approved, the provisions of this ordinance shall apply.

(3) Motor Fuel Price Signs. Gasoline service stations, convenience stores, and similar retail businesses selling gasoline or similar fuels for use in motor vehicles as a major part of their business shall be allowed sign area in addition to that customarily permitted by this ordinance, to display changeable price information for such fuel. The copy of each such price sign shall be limited to the type of fuel, such as "unleaded" or "diesel," and price per unit of measure therefor. The maximum copy area for any one fuel price and type shall be eight (8) square feet, and the maximum total additional sign area shall not exceed sixteen (16) square feet. Such signage may be placed on a ground sign, wall sign, or canopy support if such sign types are customarily permitted, but shall not be placed on a separate sign structure or portable sign.

(4) Automobile Dealerships. Franchised auto dealerships shall be allowed two ground/pole signs. Additional signs may be allowed, but only by a variance granted by the Planning and Zoning Commission and the Cherokee City Council. Businesses which sell used cars as their principal business shall be allowed one pole sign in addition to wall signage.

(5) Off-Premises Signs.

(a) Where Permitted. Not more than one off-premises sign shall be located on any one lot or parcel. Off-premises signs are a permitted use in the C- I and C-M zones by special use permit only, and M-1 and M-2 districts, subject to all of the requirements of this Chapter, the Zoning Ordinance, and other applicable regulations.

(b) Bulk Regulations.

(i) Height. The maximum height shall be twenty-five (25) feet and have an area of 200 sq. ft. or less.

(ii) Setback. The minimum setback from each property line shall not be less than the height of the sign. (Ord. 478 – Aug-04 Supp.)

(iii) Size. The maximum area shall be 160 square feet except as otherwise permitted. A maximum area of 200 square feet may be allowed by conditional use in the allowed Districts, if so allowed, such signs may also have extensions not exceeding 15% of the sign area.

(iv) Spacing. Off-premises signs shall be located a minimum of 100 feet in any direction from any other off-premises sign or any electronic message center. Off-premises signs shall not be located less than 300 feet in any direction from the property line of any public park or public building, or the boundary of a zoning district in which off-premises signs are not permitted, unless the sign will not be visible from such public property or zoning district.

(Ord. 478 – Aug-04 Supp.)

(v) Orientation. The faces shall be perpendicular to, or in the case of a curve, radial to the street right-of-way, not to exceed a 45º angle.

(6) Electronic Message Centers. Electronic message centers are allowed, only by approval of the Planning and Zoning Commission and the Cherokee City Council; and subject to all of the requirements of this Section, including the payment of fees, and any additional stipulations adopted by the City Council as conditions for granting said permit. The City Council finds that message centers create special concerns for the safety of the motoring public and esthetics of the community, which necessitate extra consideration to ensure compliance with the City's regulations.

(a) Eligibility for an Electronic Message Center. Permits may be issued to any business. The message center will not obstruct the view of or distract attention from official government signs or become a public nuisance.

(b) Bulk Regulations.

(i) Height. The maximum height of any sign which includes an electronic message center shall be fifty (50) feet above the roadway grade of the highway or street at that point closest to the sign.

(ii) Setback. An electronic message center shall not protrude onto the sidewalk or onto the right-of-way.

(iii) Size. Maximum total area of any sign containing an electronic message center shall be 160 square feet. Electronic message center area shall be included in total signage area allowed for the premises.

(iv) Operation. Electronic message centers shall not utilize animation, chasing, flashing, scintillation, scrolling or running messages, fade, or any other effect which depicts movement or is intended to draw attention to the sign. Each copy display, whether or not in a sequential message, shall be totally extinguished a minimum of one second before a new copy display appears, and each copy display shall remain lit a minimum of five seconds. Such signs shall not display off-premises advertising, except that community service and community announcements may be displayed. Other limitations may be imposed by the City Council if found to be necessary to protect the public health, safety and welfare.

(v) Orientation. The faces shall be perpendicular to, or in the case of a curve radial to the right-of-way of the nearest section of street or highway.

(i) Application. Application shall be made to the Planning and Zoning Commission on a form prescribed by the City, accompanied by a site plan demonstrating compliance of all regulations, and a contract with a licensed sign company for the maintenance of all electrical components and the sign structure, and applicable fee, to guarantee compliance. The applicant shall provide the name and address of a person who will be responsible for operation of the sign, and in making application acknowledges that violation of these regulations shall result in declaring the permit to be null and void. All applications will be reviewed by the Board of Adjustment and submitted to the City Council for final approval.

(ii) Fee. A fee in the amount of $100 shall be paid to the City at the time the application is submitted.

(iii) Violations. If any one or more of the restrictions of operation on a message center are violated on more than three (3) separate occasions in any license year, such violations shall be grounds for revoking the permit. The City Council shall hold a public hearing on such matter and provide a minimum of seven (7) days notice. The Administrator or other official charged with enforcing this ordinance shall document each violation and send notice of same to the person and address identified on the permit application as being responsible for the message center. The permittee shall be responsible for informing the City in writing of any changes in the name or address of the responsible party. Violations shall be promptly corrected, and if not corrected with seven (7) days after notification shall constitute a separate violation. If violations are corrected, the party may reapply for a permit upon payment of the $100 application fee.

(iv) Hold-harmless. The permittee shall hold the City harmless and indemnify it against any and all costs or judgments arising from erection and operation of the sign.

(v) Renewal. Permit stipulations shall be reviewed each year in the month of March by the Administrator and recommendation for renewal shall be made to Planning and Zoning Commission and with City Council approval upon providing all information required herein, and upon demonstrating continued compliance with all of the requirements of this and all other ordinances.

4. Prohibited Signs. The following signs are expressly prohibited in any zoning district and on any lot.

A. Unlawful Signs, as defined in Subsection 165.33(1).

B. Abandoned, Damaged, or Unmaintained Signs. Any such sign shall be removed in its entirety, including poles and other structural members, provided that footings may be retained if in the opinion of the Administrator they do not represent a threat to the public and might reasonably be reused by a future occupant. If a sign is altered, any unused structural supports or parts thereof shall be deemed abandoned and removed. If the owner fails to promptly remove such sign or support, the City may order such removal and the costs involved shall become a lien on the property.

C. Painted Wall Signs. Wall Signs shall not be painted directly on the surface of a building wall. Murals may only be permitted by special use permit, to be approved by the Board of Adjustment.

D. Portable Signs & Temporary Signs. Portable signs, pennants, spinners, streamers, string lights, flags other than those of the United States or State of Iowa, or similar devices are not allowed on any public right of way.

E. Roof Signs. Roof signs are prohibited.

F. Snipe Signs. Any sign attached to a tree or utility pole, whether on public or private property, and any sign placed on public property without permission by the City of Cherokee is prohibited, except for official notices or announcements by a governmental authority.

G. Animated or Flashing Signs. Any sign using or displaying flashing, chasing, or intermittent lights, animation, or sound, odor, emission of visible matter, or other means of drawing attention to itself, by any means is prohibited.

5. Permits. Except as otherwise provided in this Code, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the City, or cause the same to be done without first obtaining a sign permit for each such sign from the Administrator as required by this Code. These directives shall not be construed to require any permit for a change of copy on any sign, nor for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, as long as the sign or sign structure is not modified in any way. No new permit is required for signs which have pen-nits and which conform with the requirements of this Code on the date of its adoption unless and until the sign is altered or relocated. A change in ownership of any premises or business for which a sign permit has previously been issued may require a new permit to be issued by the Administrator. A sign permit issued by the Administrator shall become null and void if manufacture and/or installation is not commenced within one hundred and twenty (120) days from the date of such permit. If work authorized by such permit is suspended or abandoned for one hundred and twenty (120) days after the work is commenced, a new permit shall be first obtained to do so, and the fee will be one-half the amount required for the original permit for such work, provided that no changes have been made in the original plans. Such permit may not be unreasonably withheld, providing that proper application and payment of permit fees is complied with.

A. Application for Permit. Application for a permit in accordance with Figure 1, on file at City Hall, shall be made to the Administrator upon a form provided at City Hall and shall be accompanied by such information as may be required to assure compliance with all appropriate laws and regulations of the City including:

(1) Name and address of the owner of the sign and/or owner's agent.

(2) Name and address of the owner or the person in possession of the premises where the sign is located or to be located.

(3) Clear and legible drawings with description definitely showing location of the sign which is the subject of the permit and all other existing signs whose construction requires permits, when such signs are on the same premises.

(4) Drawings showing the dimensions, construction supports, sizes, electrical wiring and components, materials of the sign and method of attachment and character of structural members to which attachment is to be made. The design, quality, materials and loading shall conform to the requirements of the current Uniform Building Code. If required by the Administrator, engineering data shall be supplied on plans submitted certified by a duly licensed engineer.

(5) Owner and contractor shall agree to hold harmless and indemnify the City, its officers, agents and employees from any and all claims of negligence resulting from the erection, alteration, relocation, maintenance of a sign or other sign work insofar as this Code has not specifically directed the placement of a sign.

B. Issuance of Denial of Permit. The Administrator shall issue a permit for the erection, alterations, or relocation of a sign within the City when an application therefor has been properly made and the sign complies with all appropriate laws and regulations of the City. The Administrator may, in writing, suspend or revoke a permit issued under provisions of this Section whenever the permit is issued on the basis of a miss-statement of fact or fraud. When a sign permit is denied by the Administrator, he shall give written notice of the denial to the applicant, together with a brief statement of the reasons for the denial.

C. Permit Fees. Application for permits shall be filed with the Administrator, together with a permit fee as specified per City fee schedule set by the City Council. If more than one sign is being erected at the same time, they may be listed on the same permit application and there will be only one fee charged, that for the sign erected that carries the highest fee. Such fee schedule will be reviewed yearly. In addition, when any sign is hereafter erected, placed, installed or otherwise established on any property prior to obtaining permits as required by this section, the fees specified hereunder shall be doubled, but the payment of such double fee shall not relieve any person from complying with other provisions of this section or from penalties prescribed herein.

(Ord. 478 – Aug-04 Supp.)

D. Special Use Permit. It is recognized that circumstances may exist from time to time where strict application of the size, location and type of sign standards hereinafter specified for the various zoning districts may be unreasonable or where literal enforcement of these regulations may work a hardship on the applicant. Variations from the standards are, therefore, permitted by issuance of a Special Use Permit by the Board of Adjustment when such extenuating circumstances exist, provided that in issuing such permit the Board of Adjustment shall not authorize a substantial variance from the size, location and type standards applicable to signs in similar situations. A variance from these standards is to be considered only where authorized, and the procedure for application shall be the same as provided for in Cherokee City Code Section 165.20.

E. Notice of Change. Whenever there is a change in the sign user, owner, or owner of the property on which the sign is located, the new sign user, owner or new property owner shall forthwith notify the Administrator of the change.

F. Inspection. The person erecting, altering or relocating a sign shall notify the Administrator upon completion of the work for which permits are required.

(1) Inspections. All free-standing signs shall be subject to a footing inspection, prior to erection, and all signs having electrical components shall be subject to a final electrical inspection by the Administrator or his/her delegate.

(2) Maintenance. Every sign in the City, including but not limited to those signs for which permits or for which no permits or permit fees are required, shall be maintained in good structural condition at all times. All signs, including those exempted, shall be kept neatly painted, including all metal parts and supports. An inspection can be applied by either of two methods: (1) The Administrator or his/her delegate can request that a licensed sign company duly certify and file with the City that the sign meets as nearly as possible all of the structural, electrical and material specifications set out in this Code or the laws or regulations of the City; or (2) Alternatively, the City shall send out an inspector and the inspector shall verify that the sign is in a safe condition with respect to its physical characteristics.

(3) Signs Declared Unlawful. The Administrator or his/her delegate may declare any sign unlawful if it endangers public safety by reasons of inadequate maintenance, dilapidation or abandonment. Any such declaration shall state the reasons of the Administrator or his/her delegate for stating that the sign constitutes a safety hazard to the general public.

Any sign owned, kept, displayed or maintained by any person within the City which is unlawful pursuant to the provisions of this code is hereby declared to be in violation of this Code. The Administrator or his/her delegate may declare any such sign to be unlawful, and such declaration shall state in writing the reason or reasons why such sign and the keeping, owning, maintenance, construction and display or operation thereof is unlawful under the terms of this Code, and such declaration shall be sent to the owner and shall include notification that unless such violation is corrected within thirty (30) days, said sign shall be removed at the owner's expense.

6. Licensing. Any sign company seeking to erect, construct, enlarge, alter, repair, move, improve, maintain, or convert any sign shall demonstrate and register with the City a statement that they have all of the necessary licenses from all other governmental agencies applicable, or shall be represented by a duly licensed agent or sub-contractor.

7. Nonconforming Signs.

A. Legally Nonconforming Signs. Such signs may be continued and maintained subject to the provisions of Subsection B, provided that a nonconforming sign shall not be enlarged, reconstructed, structurally altered or changed in any manner, nor shall copy on an on-premises nonconforming sign be changed to advertise or identify any use other than that in operation on the effective date of this ordinance. No sign that has been erected in violation of any previously existing regulation shall be granted legal nonconforming status.

B. Termination of Legally Nonconforming Signs. A legally nonconforming sign shall immediately lose its legal status, and shall immediately comply with the provisions of this ordinance or be removed, if any of the following occurs:

(1) Abandonment. Any sign which advertises or identifies a business, product, or service that has not been available or in operation at the location for more than ninety (90) days, or which has not been maintained in a state of good repair for such time, shall be deemed to be abandoned and nonconforming status terminated and the sign and structure shall be removed. This provision shall not apply to permanent signs belonging to businesses that are open only on a seasonal basis, provided there is a clear intent to continue operation of the business.

(2) Destruction, Damage, or Obsolescence. If more than 60% of the face of a sign is damaged or destroyed, or if a sign is structurally damaged, the sign shall be brought in conformance with this ordinance.

(3) Amortization. Legally nonconforming signs shall be maintained only as long as they advertise or identify the business or nature thereof in existence on the effective date of this ordinance. Change of copy, enlargement, relocation, reconstruction, structural alteration or other change shall not be permitted. The right to maintain a legally nonconforming sign shall be granted to the business in existence on the effective date of this ordinance and shall not be transferable to another business, use or lot, but shall expire along with discontinuation of the business, service, or product being advertised on the effective date of this ordinance. Copy on off-premises signs and changeable copy boards which is meant to be periodically changed may be changed without affecting the legally nonconforming status.

8. Appeals.

A. Appeal from Denial of Permit. Appeal may be taken to the Board of Adjustment from the Administrator's denial of a sign permit.

B. Appeal from Failure of Administrator to Grant Permit Within Thirty (30) Days. The Administrator's failure to either formally grant or deny a sign application within thirty (30) days of the date an application which meets the requirements of this Code is filed shall be grounds for appeal to the Board of Adjustment under terms of Subsection 165.33(5) of this Code.

9. Violations And Penalties. Any violation of any of the terms or conditions of this chapter, or any failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense. If violations are corrected, the party may reapply for a permit upon payment of the applicable fee.

(Sec. 165.33 – Ord. 440 – Dec. 01 Supp.)

165.34 CBD CENTRAL BUSINESS DISTRICT.

1. Purpose. This zone is designed to provide for a specific range of retail and service establishments.

2. Principal Permitted Uses. The following regulations and uses permitted shall apply to all CBD Districts for conducting of any lawful retail businesses:

A. All uses permitted in any R Districts subject to all lot requirements and restrictions specified in each district.

B. Retail businesses such as follows:

(1) Apparel store

(2) Appliance sales and service

(3) Antique shop

(4) Art shop

(5) Attorneys

(6) Auto parts

(7) Auto repair

(8) Bakeries

(9) Banks

(10) Barber and styling salons

(11) Bicycle Shop

(12) Billiard parlor

(13) Café or restaurant

(14) City, State, Federal offices

(15) Computer sales and service

(16) Drug store

(17) Dwelling units above shop or store

(18) Electrical small appliance repair and supply

(19) Engineer and architect offices

(20) Furniture, new and used

(21) General warehouse, pertinent to the principal use of the primary business. (It shall not be a separate business.) In addition, existing storage businesses may continue to operate as such and the storage designation may be carried over to any new owner. However, once a building use changes from storage to a retail business, it cannot revert back to a storage business without being issued a special permit.

(22) Grocery store

(23) Hardware store

(24) Jewelry store

(25) Laundromats and personal dry cleaners

(26) Liquor store

(27) Lounge and night club

(28) Massage therapy, tanning salons, and fitness centers

(29) Meat market

(30) News media

(31) Nursery store

(32) Paint supplies

(33) Plumbing shops

(34) Police station

(35) Post office

(36) Printing shops

(37) Professional offices

(38) Radio and television studio station

(39) Savings and loan offices

(40) Sporting goods

(41) Studios for dance, arts, and martial arts

(42) Theater

(43) Trade school

(44) Upholstery shop

(45) Video rental shop

C. Drive-in eating and drinking establishments, summer gardens, and road houses, including entertainment and dancing, provided the principal building is distant at least one hundred (100) feet from any R District.

D. Multiple dwelling units, including rooming houses and boarding houses and tourist homes.

E. Essential services.

3. Permitted Accessory Uses. The following accessory uses are permitted in the Central Business District:

A. Any permitted accessory use allowed in the R District, subject to the conditions specified by that district.

B. Accessory uses for commercial development shall include those normally appurtenant to such development, except as further specified therein.

C. Signs.

4. Conditional Uses. Garages, filling stations, hotels, motels (with swimming pools), bed and breakfasts, skating rinks, fire stations, farmers markets, upon recommendation of the commission and approval of the Council, and subject to such conditions and safeguards as deemed appropriate by said Council, and upon securing of a permit. Garages and filling stations also subject to the following provisions.

A. Pumps, lubricating or other devices are located at least twenty (20) feet from any street line or highway right-of-way.

B. All fuel, oil or similar substances are stored at least thirty-five (35) feet from any street or lot line.

5. Space Limits. The following space limits shall apply in CBD District:

A. Minimum lot area of business - no regulation.

B. Minimum lot area for residential structures or mixed business and residential structure - equal to that required in the least restricted residential district for the same type of dwelling.

C. Minimum width of lot - as currently platted.

D. Maximum height of building - no regulation.

E. Minimum front yard - no regulation.

F. Minimum rear yard - no regulation.

G. Minimum side yard - no regulation.

H. Minimum side yard at street comer - no regulation.

I. Maximum ground coverage - 100%.

J. Commercial radio, microwave or television-broadcasting or transmitting towers or telephone relay towers may be installed provided they meet the following criteria for approval:

(1) The height and location shall not interfere with the operation of any public airport or public landing strip.

(2) A special permit is received from the Commission as provided by these regulations.

6. Parking. Off-street parking shall be provided to accommodate all vehicles for dwelling units. All others, see Section 165.21.

(Ord. 489 – Aug-04 Supp.)

EDITOR’S NOTE
The following ordinances have been adopted amending the Airport Zoning Map described in Section 165.23 and have not been included as a part of this Code of Ordinances but have been specifically saved from repeal and are in full force and effect.
ORDINANCE NO.	ADOPTED	DESCRIPTION
260	August 13, 1991	Adoption of New and Replacement Map

EDITOR’S NOTE
The following ordinances amending the Official Zoning Map, adopted by Ordinance No. 379 on January 27, 1998, referred to in Section 165.06, by rezoning certain real estate, not codified herein, have been adopted and remain in full force and effect.
ORDINANCE NO.	ADOPTED	ORDINANCE NO.	ADOPTED
393	November 24, 1998
397	April 27, 1999
399	July 27, 1999
409	May 23, 2000
424	February 13, 2001
454	October 9, 2002
458	January 14, 2003
463	June 24, 2003
464	July 8, 2003
473	September 9, 2003
516	June 27, 2006

Annual Expenses

Total Debt Service $495,862.00

Annual Revenues

Debt Service