2018 Neola City Code€¦ · Web viewThe word “must” is used to state a requirement. Shall. The word “shall” imposes a duty. Preceding and Following.

2016

2018 Neola City Code

Neola, Iowa


Chapter 1: General Provisions............................................................................................................................ 51.1 Home Rule Authority.......................................................................................................51.2 Title...................................................................................................................................51.3 Form of Government........................................................................................................51.4 Incorporated Territory......................................................................................................51.5 Exercise of Home Rule.....................................................................................................51.6 Construction of Terms......................................................................................................61.7 City Seal............................................................................................................................61.8 Election Method................................................................................................................61.9 Fiscal Management...........................................................................................................71.10 Operating Procedures........................................................................................................71.11 Procedure for Administrative Hearing..............................................................................71.12 Collection of Debts...........................................................................................................91.13 Collection of License Fees, Permit Fees, Parking Citations, Penalties, or Other Charges for Services through Utility Bill..................................................................................................91.14 Effect of Repeal................................................................................................................91.15 Severability.......................................................................................................................9

Chapter 2: Officers of the Municipal Corporation...................................................................................102.1 Municipal Officers..........................................................................................................102.2 Oath.................................................................................................................................102.3 Bonds..............................................................................................................................102.4 General Responsibility of Appointed Officials..............................................................112.5 Duty to Defend...............................................................................................................112.6 Liability Insurance..........................................................................................................112.7 Mayor..............................................................................................................................112.8 Mayor Pro Tempore........................................................................................................122.9 City Council....................................................................................................................132.10 City Attorney..................................................................................................................132.11 City Clerk........................................................................................................................142.12 Other Officers.................................................................................................................14

Chapter 3: Offenses Subject to a Simple Misdemeanor Penalty........................................................153.1 Simple Misdemeanor Penalty.........................................................................................153.2 Alternative Relief............................................................................................................153.3 Speed Limit.....................................................................................................................153.4 Traffic Control Devices..................................................................................................153.5 Tampering with Vehicle.................................................................................................153.6 Excessive Acceleration...................................................................................................163.7 Use of Engine Brakes, Compression Brakes, and Mechanical Exhaust Devices...........163.8 Minimum Speed..............................................................................................................163.9 Requirement to Stop Before Entering Right-of-Way.....................................................163.10 Vehicles on Sidewalks....................................................................................................163.11 Clinging to Vehicles.......................................................................................................163.12 Failure to Obtain License or Permit................................................................................173.13 Failure to Perform Duties...............................................................................................183.14 Regulation of Nuisances.................................................................................................183.15 Regulation of Weapons...................................................................................................18

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3.16 Operation of Snowmobiles:............................................................................................203.17 Curfew and Truancy.......................................................................................................213.18 Sale or Gift of Tobacco Products to Minors...................................................................223.19 Trapping..........................................................................................................................233.20 Private Communication and Energy System Equipment................................................233.21 Discharge Into Sanitary and Storm Sewers....................................................................233.22 Destruction or Damage of Public Grounds, Property, Notices, or Proclamations.........233.23 Feeding of Deer..............................................................................................................233.24 Golf Cart Operation on City Streets...............................................................................243.25 Unlawful Painting of Curbs............................................................................................253.26 Obstructing Drainage......................................................................................................253.27 Unauthorized Entry.........................................................................................................253.28 Placing Debris on Street or Sidewalk.............................................................................253.29 Playing in Streets............................................................................................................253.30 Use of Coasters, Skates, Roller Coasters, or Similar Devices........................................253.31 Traveling on Barricaded Street.......................................................................................253.32 Use of Street for Business...............................................................................................253.33 Operation of Off-Road Vehicles on City Streets............................................................263.34 Operating of Curb Stops and Fire Hydrants...................................................................263.35 Unlawful Discharge........................................................................................................263.36 Dumping of Snow...........................................................................................................263.37 Illegal Dumping of Waste...............................................................................................263.38 Burying Solid Waste.......................................................................................................273.39 Burning of Solid Waste..................................................................................................273.40 Dead Animals.................................................................................................................273.41 Accumulation of Rubbish...............................................................................................273.42 Responsibility for Damage by Animals..........................................................................273.43 Keeping of Livestock......................................................................................................273.44 Animal Abuse.................................................................................................................273.45 Animals for Entertainment.............................................................................................273.46 Poisoning Animals..........................................................................................................283.47 Killing Animals..............................................................................................................283.48 Allowing Animals At-Large...........................................................................................283.49 Owners and Custodians of Animals...............................................................................283.50 Load Limits Upon Certain Streets..................................................................................283.51 Fireworks........................................................................................................................28

Chapter 4: Offenses Subject to a Municipal Infraction Penalty.........................................................314.1 Municipal Infraction Penalty..........................................................................................314.2 Authority to Issue Municipal Infractions........................................................................314.3 Alternative Relief and Criminal Penalties......................................................................314.4 Failure to Obtain License or Permit................................................................................324.5 Failure to Perform Duties...............................................................................................324.6 Regulation of Nuisances.................................................................................................324.7 Regulation of Weapons...................................................................................................334.8 Operation of Snowmobiles:............................................................................................354.9 Curfew and Truancy.......................................................................................................36

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4.10 Sale or Gift of Tobacco Products to Minors...................................................................374.11 Trapping..........................................................................................................................374.12 Private Communication and Energy System Equipment................................................384.13 Discharge Into Sanitary and Storm Sewers....................................................................384.14 Destruction or Damage of Public Grounds, Property, Notices, or Proclamations.........384.15 Feeding of Deer..............................................................................................................384.16 Golf Cart Operation on City Streets...............................................................................394.17 Unlawful Painting of Curbs............................................................................................394.18 Obstructing Drainage......................................................................................................394.19 Unauthorized Entry.........................................................................................................394.20 Placing Debris on Street or Sidewalk.............................................................................404.21 Playing in Streets............................................................................................................404.22 Use of Coasters, Skates, Roller Coasters, or Similar Devices........................................404.23 Traveling on Barricaded Street.......................................................................................404.24 Use of Street for Business...............................................................................................404.25 Operation of Off-Road Vehicles on City Streets............................................................404.26 Operating of Curb Stops and Fire Hydrants...................................................................404.27 Unlawful Discharge........................................................................................................414.28 Dumping of Snow...........................................................................................................414.29 Illegal Dumping of Waste...............................................................................................414.30 Burying Solid Waste.......................................................................................................414.31 Burning of Solid Waste..................................................................................................414.32 Dead Animals.................................................................................................................414.33 Accumulation of Rubbish...............................................................................................414.34 Responsibility for Damage by Animals..........................................................................414.35 Keeping of Livestock......................................................................................................424.36 Animal Abuse.................................................................................................................424.37 Animals for Entertainment.............................................................................................424.38 Poisoning Animals..........................................................................................................424.39 Killing Animals..............................................................................................................424.40 Allowing Animals At-Large...........................................................................................424.41 Owners and Custodians of Animals...............................................................................424.42 Load Limits Upon Certain Streets..................................................................................424.43 Fireworks........................................................................................................................43

Chapter 5: Parking Offenses Subject to City Penalty...............................................................................455.1 Parking Regulations........................................................................................................455.2 Alternative Relief............................................................................................................455.3 Official Responsible for Issuing Violations...................................................................455.4 Contested Parking Tickets..............................................................................................455.5 Funds Retained by City..................................................................................................455.6 Refusal of Registration of Vehicle.................................................................................455.7 Parking Violations and Fines..........................................................................................465.8 Towing of Vehicles.........................................................................................................50

Chapter 6: Public Services, Public Ways, and Public Improvements..............................................516.1 Purpose...........................................................................................................................516.2 Reserved Cemetery and Interment..................................................................................51

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6.3 Reserved for Public Library............................................................................................516.4 Public Safety Department...............................................................................................516.5 RESERVED FOR PARKS AND RECREATION.........................................................526.6 Design Standards and Specifications for Improvements................................................526.7 Right-of-Way Regulations..............................................................................................536.8 Solid Waste ....................................................................................................................556.9 Water Utility...................................................................................................................566.10 Sanitary Sewer Utility.....................................................................................................586.11 Electric Utility................................................................................................................596.12 Reserved for Storm Sewer..............................................................................................596.13 Severability Clause.........................................................................................................59

Chapter 7: Animal Regulations........................................................................................................................607.1 Purpose...........................................................................................................................607.2 Types and Numbers of Animals Permitted.....................................................................607.3 Animal At-Large Prohibited...........................................................................................607.4 Owners and Custodians of Animals...............................................................................627.5 Procedure When Person Bitten By Animal....................................................................647.6 Keeping of Dangerous Animals......................................................................................657.7 Animals Suspected of Rabies Infection..........................................................................667.8 Seizure and Impound......................................................................................................667.9 Pet Retailers....................................................................................................................677.10 Vicious Dog Declaration................................................................................................68

Chapter 8: Property Standards........................................................................................................................708.1 Property Standards..........................................................................................................708.2 Nuisance Prohibited........................................................................................................708.3 Property Maintenance and Life Safety Codes................................................................728.4 Rental Housing Certification Program...........................................................................768.5 Building Codes...............................................................................................................808.6 Building Numbering.......................................................................................................848.7 Noise Control..................................................................................................................858.8 Zoning Regulations.........................................................................................................868.9 Floodplain Management Ordinance.............................................................................1348.10 Subdivision Regulations...............................................................................................1478.11 Tree Regulations...........................................................................................................1588.12 Peddlers, Solicitors, and Transient Merchant Regulations...........................................1618.13 Vacant Building Registration.......................................................................................163

Chapter 9: Definitions....................................................................................................................................... 164Chapter 10: Fees................................................................................................................................................... 198

10.1 Fees...............................................................................................................................198

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Chapter 1: General Provisions

1.1 Home Rule Authority.

Municipal corporations are granted home rule power and authority, not inconsistent with the laws of the General Assembly, to determine their local affairs and government, except that they shall not have power to levy any tax unless expressly authorized by the General Assembly. The rule or proposition of law that a municipal corporation possesses and can exercise only those powers granted in express words is not a part of the law of this state. (Iowa Const. art III, § 38A.)

1.2 Title. This code of ordinances shall be known and may be cited as the “2018 Neola City Code”. Legal and official citations to the 2018 Neola City Code shall be made in the following format:

A. Neola City Code, Chapter X.XX (2018)

1.3 Form of Government. The City of Neola has adopted the Mayor-Council form of government.

1.4 Incorporated Territory. The boundaries of the City are set out and maintained in the records of the County.

1.5 Exercise of Home Rule. The City may, unless expressly limited by the Constitution, and if not otherwise inconsistent with State Law, exercise home rule authority.

A. Each and every provision of the Code that is not expressly authorized or limited by the Constitution or State Law shall be deemed to be an exercise of Home Rule Authority. Home Rule Authority is exercised for the following purposes:

1. To protect and preserve the rights, privileges, and property of the City and of its residents; and

2. To preserve and improve the peace, safety, health, welfare, comfort and convenience of its residents.

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B. The Code may not set standards and requirements which are lower or less stringent than those imposed by State Law, but may set standards and requirements which are higher or more stringent than those imposed by State Law, unless a State Law provides otherwise.

1.6 Construction of Terms. In the construction of the Code the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Council or repugnant to the context of the provisions.

A. Verb Tense and Plurals. Words used in the present tense include the future, the singular number includes the plural, and the plural number includes the singular.

B. May. The word “may” confers a discretionary power.

C. Must. The word “must” is used to state a requirement.

D. Shall. The word “shall” imposes a duty.

E. Preceding and Following. “Preceding” and “following” mean next before and next after, respectively.

F. Interpretation. All general provisions, terms, phrases, and expressions contained in the Code shall be liberally construed in order that the true intent and meaning of the Council may be fully carried out.

G. Extension of Authority. Whenever an officer or employee is required or authorized to do an act by a provision of the Code, the provision shall be construed as authorizing performance by a regular assistant, subordinate, or a duly authorized designee of said officer or employee.

1.7 City Seal. The City Seal shall be a seal circular in form, the center of which shall be the words, “City Seal”, and the same is declared to be the city seal. The City Seal shall be in the custody of the Clerk and attached by him or her to all transcripts, orders, certificates, or measures which it may be necessary and proper to authenticate.

1.8 Election Method. In accordance with Chapter 376.3 of the Code of Iowa, all candidates for City elective municipal office shall be nominated under the provisions of Chapter 45 of the Code of Iowa, or its successors.

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1.9 Fiscal Management. The structure and procedures for the fiscal management of the City shall be governed by resolution of the Council, unless specifically provided for otherwise in another portion of the Code.

1.10 Operating Procedures. Operating procedures for departments and services of the City shall be governed by resolution of the Council, unless specifically provided for otherwise in another portion of the Code.

1.11 Procedure for Administrative Hearing. Administrative hearings are conducted by an officer or body of the City, subject to regulations as may be prescribed by various sections of this Code. The matter involved in the hearing may be an appeal to an order or a request subject to the approval of the officer or body of the City. All administrative hearings conducted by an officer or body of the City shall be conducted according to the following rules.

A. Public Notice. A notice providing the date, time, place, and subject matter of the hearing shall be published in a newspaper, having a general circulation in the City, not less than four (4) days and not more than twenty (20) days from the day of the hearing, unless provided for otherwise in another portion of the Code.

B. Location. All administrative hearings shall be conducted at the City Hall.

C. Order. The order for the hearing shall be as follows:

1. The hearing officer or chairman of the body shall provide a summary of facts relating to the subject matter of the hearing.

2. The hearing officer or chairman of the body shall first call upon the appellant to present any relevant evidence on the matter. The time limit for this presentation shall be reasonable and will be set by the hearing officer or the chairman of the body.

3. The hearing officer or chairman of the body shall then allow any other party, if any, aggrieved by the matter to present any relevant evidence. The hearing officer or the hearing body shall retain its discretion over allowing other parties to participate in the hearing and remotely affected parties will not be allowed to participate. The time limit for these presentations shall be reasonable and will be set by the hearing officer or the chairman of the body.

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4. A representative of the City shall then present any evidence relevant to the subject matter of the request. The time limit for this presentation shall be reasonable and will be set by the hearing officer or the chairman of the body.

5. The hearing officer or chairman of the body shall then allow the appellant to rebut any evidence presented by any other party. The time limit for this presentation shall be reasonable and will be set by the hearing officer or the chairman of the body.

D. Relevant Evidence. Relevant evidence has a tendency to make an assertion of a party more or less probable than it would be without the evidence and relates to a fact that is of consequence in determining the action. The source of relevant evidence may be case law or statutes, surveys, plats, photographs, plans, expert opinion, competent witnesses with personal knowledge of the matter, or any other information whose probative value is not outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the hearing officer or body, undue delay, wasting time, or needlessly presenting cumulative evidence.

E. Conduct. The following rules shall also apply to the conduct of an administrative hearing.

1. Each side shall proceed without interruption and all arguments shall be addressed to the hearing officer or body.

2. No argument between individuals will be permitted.

3. A party may, upon reasonable request, receive approval from the hearing officer or chairman of the body, to ask questions of witnesses offered by another party.

4. During the hearing, the hearing officer or members of the body will be given an opportunity to ask questions and to make any appropriate comments.

5. No party shall cause undue delay or needlessly present cumulative evidence.

6. If an applicant or appellant fails to appear for any appeal, in the hearing officer or body’s sole discretion, the hearing officer or body may deny the appellant’s request.

7. The hearing officer or body may recess and continue the appeal to another hearing as necessary or defer action on any appeal whenever it concludes

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that additional evidence is needed or that alternate solutions need further study.

8. The hearing officer or body, as appropriate, shall render a decision on the matter at any time within forty-eight (48) hours from the conclusion of the hearing process. A decision on more than one request within one type of appeal may be by issued at the same time. The concurring vote of a majority of members of a body shall be necessary to take make any decision.

9. A hearing officer or member of the body that has a substantial interest in the outcome of the matter shall recuse himself or herself from participating in the manner. Legal Counsel to the City shall advise the hearing officer or body on any potential conflict of interest that may exist.

1.12 Collection of Debts. The Mayor or other appointee of the Council shall be authorized to collect any debt owed to the City and uncollected for ninety (90) days, through all lawful means, including but not limited to; the imposition of liens, use of debt collection services, small claims court, vehicle licensing restrictions, and the Income Off-Set Program of the State of Iowa.

1.13 Collection of License Fees, Permit Fees, Parking Citations, Penalties, or Other Charges for Services through Utility Bill.

Whenever a license fee, permit fee, parking citation penalty, other penalty, or other charges for service shall be owed or reasonably suspected to be owed by a utility account holder, the Clerk shall be authorized to collect said amount on the account holder’s monthly utility bill. In addition to any amounts owed, the Clerk shall also collect the service charge authorized in Chapter 10. Any account holder contesting the application of this section may appeal to the Council for an administrative hearing under Chapter 1.11.

1.14 Effect of Repeal. If any section of the Code is repealed, the repeal does not revive the ordinance or section of the Code which had been superseded by the repealed section of the Code. Repeal of any section will not affect any rights which have accrued, any duty imposed, any penalty incurred, or any proceedings commenced under or by virtue of the section of this code repealed.

1.15 Severability. If any chapter, section, provision or part of the Code is adjudged invalid or unconstitutional, such adjudication will not affect the validity of the Code as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.

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Chapter 2: Officers of the Municipal Corporation

2.1 Municipal Officers. Each municipal officer shall exercise the powers and perform the duties prescribed by law or this Code.

2.2 Oath. The oath of office shall be required and administered in accordance with the following:

A. Qualify for Office. All elected officers and the following appointed officers shall qualify for office by taking the prescribed oath:

1. Mayor

2. City Council

3. Mayor Pro Tem

4. City Attorney

5. City Clerk

B. Prescribed Oath. The prescribed oath is: "I, (name), do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Iowa, and that I will faithfully and impartially, to the best of my ability, discharge all duties of the office of (name of office) as now or hereinafter required by law."

C. Officers Empowered to Administer Oaths. The following are empowered to administer oaths and to take affirmations in any matter pertaining to the business of their respective office:

1. Mayor.

2. City Clerk.

3. Members of all boards, commissions or bodies created by law.

2.3 Bonds. The City shall provide a surety bond running to the City and covering the Mayor, Mayor Pro Tem, Clerk, Council, and such other officers and employees as may be necessary and advisable.

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2.4 General Responsibility of Appointed Officials. The responsibility of appointed officers shall be as follows:

A. Attorney. The Attorney shall be directly responsible to the Council.

B. Other Staff or Appointees. All other employees of the City shall be directly responsible to the Mayor or other appointee of the Council. The Council may delegate an appointee or delegate supervisory duties by motion.

2.5 Duty to Defend. The City shall defend any of its officers, employees and agents, whether elected or appointed, and shall save harmless and indemnify the officers and employees against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of their employment or duties. However, the duty to save harmless and indemnify does not apply to awards of punitive damages. The duty to save harmless and indemnify does not apply and the City is entitled to restitution by an officer or employee if, in an action commenced by the City against the officer or employee, it is determined that the conduct of the officer or employee upon which the tort claim or demand was based constituted a willful and wanton act or omission. The duty to defend, save harmless and indemnify shall apply whether or not the City is a party to the action and shall include but not be limited in cases arising under 42 U.S.C. 1983. In the event the officer or employee fails to cooperate in the defense against the claim or demand, the City shall have a right of indemnification against that officer or employee.

2.6 Liability Insurance. The City shall purchase a policy of liability insurance insuring against all liability which might be incurred by the City, or its officers, employees and agents.

2.7 Mayor. The powers and duties of the Mayor shall be as follows:

A. Duties Delegable. The Mayor shall have the powers and duties provided by law and ordinance except to the extent that any of such powers or duties shall be specifically delegated to another officer of the City by ordinance or resolution.

B. Presiding Officer. The Mayor shall act as presiding officer at all regular and special Council meetings. The Mayor Pro Tem shall serve in this capacity in the Mayor's absence.

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C. Mayor's Veto. The Mayor may sign, veto or take no action on an ordinance, amendment or resolution passed by the Council. If the Mayor exercises the veto power, the Mayor must explain the reason for such veto in a written message to the Council at the time of the veto. Within thirty (30) days after the Mayor's veto, the Council may override the Mayor's veto by a two-thirds majority of the Council members.

D. Appointments. The Mayor shall appoint a council member as Mayor Pro Tem, and shall appoint and dismiss the Chief of Police. However, the appointment and dismissal of the Chief of Police is subject to consent of a majority of the City Council. The Mayor shall make other such appointments as set forth in other chapters of this Code of Ordinances or State Law.

E. Voting. The Mayor is not a member of the Council and may not vote as a member of the Council.

F. Compensation. The Mayor shall be compensated $1,500.00 per year and $30 for each Council meeting attended.

2.8 Mayor Pro Tempore. The Mayor Pro Tempore shall be vice president of the Council.

A. Powers and Duties. Except for the limitations otherwise provided herein, the Mayor Pro Tempore shall perform the duties of the Mayor in cases of absence or inability of the Mayor to perform mayoral duties. In the exercise of the duties of the Mayor Pro Tempore's office, the Mayor Pro Tempore shall not have power to employ or discharge from employment, officers or employees that the Mayor has the power to appoint, employ or discharge without the approval of the Council.

B. Voting. The Mayor Pro Tempore shall have the right to vote as a member of the Council.

C. Compensation. If the Mayor Pro Tempore performs the duties of the Mayor during the Mayor's absence or disability for a continuous period of fifteen (15) days or more, the Mayor Pro Tempore may be paid for that period such compensation as determined by the Council, based upon performance of the Mayor's duties and upon the compensation of the Mayor.

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2.9 City Council. The Council shall possess and may exercise all executive, legislative, and judicial powers not inconsistent with statutes applicable to cities and conferred by law upon councils or cities organized under the general laws of this state. The powers and duties of the Council shall include, but are not limited to the following:

A. General. All municipal authority of the City is vested in Council except as expressly or impliedly delegated to another Board or Commission under this Code.

B. Wards. By ordinance, the Council may divide the City into wards based upon population, change the boundaries of wards, eliminate wards or create new wards.

C. Fiscal Authority. The Council shall apportion and appropriate all funds, and audit and allow all bills, accounts, payrolls and claims, and order payment thereof. It shall make all assessments for the cost of street improvements, sidewalks, sewers and other work, improvements or repairs which may be specially assessed.

D. Public Improvements. The Council shall make all orders for the doing of work, or the making or construction of any improvements, bridges, or buildings.

E. Contracts. The Council may authorize the making of contracts, and no contract shall bind or be obligatory upon the City, unless the Council has delegated authority for the making of the contract to another appointed officer or board of the City. Contracts shall be approved by resolution only when State Law requires.

F. Employees. The Council shall authorize, by resolution, the number, duties and compensation of employees not otherwise provided for by law or this Code.

G. Rules. The Council shall determine the rules of its own proceedings by resolution and the Clerk shall keep such rules on file for public inspection.

H. Compensation. The Council members shall receive $35 per meeting attended.

2.10 City Attorney. The Council shall appoint an Attorney to serve as legal counsel for the City.

A. Term. The term of office for the Attorney shall be established by the Council at the time the Attorney is hired.

B. Other Legal Counsel. The Council may obtain the assistance of other qualified legal counsel as necessary.

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C. Work Authorization. Upon authorization of the Council, the Attorney shall make a written or oral report to the Council on any legal matter requiring the attention of the City or represent the City on any legal matter.

2.11 City Clerk. The Council shall appoint a Clerk for a term not to exceed two (2) years. The minimum duties and responsibilities of the Clerk include the following:

A. Recording Measures Considered. Promptly record each measure considered by the City Council, with a statement where applicable indicating whether the Mayor signed, vetoed or took no action on the measure, and whether the measure was repassed after the Mayor's veto.

B. Authentication of Measures. Authenticate all measures with the City Clerk signature, certifying the time and manner of publication, when required.

C. Public Records. Serve as custodian for all public records of the City.

D. City Seal. The City seal shall be in the custody of the Clerk and shall be attached by the Clerk to all transcripts, orders and certificates which it may be necessary or proper to authenticate.

2.12 Other Officers. The Council may create and authorize other official positions of the City and prescribe duties and responsibilities for such by Resolution.

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Chapter 3: Offenses Subject to a Simple Misdemeanor Penalty

3.1 Simple Misdemeanor Penalty. Any person violating the provisions of this chapter shall be guilty of a simple misdemeanor and, upon conviction, be subject to a fine of up to six-hundred twenty-five dollars ($625) and imprisonment not to exceed thirty days (30).

3.2 Alternative Relief. Seeking a simple misdemeanor as authorized in 3.1 of this Chapter does not preclude the City from seeking alternative relief in the same action. Such alternative relief may include, but is not limited to, a municipal infraction as authorized by 4.1 of this Code, any administrative action or abatement by city authorized in Chapter 8 of this code, any appropriate action authorized by Chapter 5 of this code, or injunctive relief sought in a court of law.

3.3 Speed Limit. The following shall be the lawful speed in each district and any speed in excess thereof shall be per se unlawful:

A. Business District. A speed in excess of twenty-five (25) miles per hour in the business district, unless specifically designated otherwise in this chapter, is unlawful.

B. Parks, Cemeteries, or Parking Lots. A speed in excess of ten (10) miles per hour in any public park, cemetery or parking lot, unless specifically designated otherwise in this chapter, is unlawful.

C. Residential or School District. A speed in excess of twenty-five (25) miles per hour in any school or residence district, unless specifically designated otherwise in this chapter, is unlawful.

D. Suburban District. A speed in excess of forty-five (45) miles per hour in any suburban district, unless specifically designated otherwise in this chapter, is unlawful.

3.4 Traffic Control Devices. It shall be unlawful to disobey the requirements of any traffic control device, as defined in Chapter 9.

3.5 Tampering with Vehicle. It is unlawful for any person, either individually or in association with one or more other persons, to willfully injure or tamper with any vehicle or break or remove any part or parts of or from a vehicle without the consent of the owner.

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3.6 Excessive Acceleration. It is unlawful for any person in the operation of a motor vehicle, including motorcycles, to accelerate such vehicle as to cause audible noise by the friction of the tires on the pavement or to cause the tires of the vehicle to leave marks on the pavement or to throw sand and gravel, or to cause the wheel of a motorcycle to leave the ground more than two (2) inches, except when such acceleration is reasonably necessary to avoid a collision.

3.7 Use of Engine Brakes, Compression Brakes, and Mechanical Exhaust Devices. It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the corporate limits of the City any engine brake, compression brake or mechanical exhaust device designed to aid in the braking or deceleration of any vehicle that results in excessive, loud, unusual, or explosive noise from such vehicle.

3.8 Minimum Speed. No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation, or in compliance with law.

3.9 Requirement to Stop Before Entering Right-of-Way. The driver of a vehicle emerging from a private roadway, alley, driveway, or building shall stop such vehicle immediately prior to driving onto the sidewalk area and thereafter shall proceed into the sidewalk area only when able to do so without danger to pedestrian traffic and shall yield the right-of-way to any vehicular traffic on the street into which the vehicle is entering.

3.10 Vehicles on Sidewalks. The driver of a vehicle shall not drive upon or within any sidewalk area except at a driveway.

3.11 Clinging to Vehicles. No person shall drive a motor vehicle on the streets of the City unless all passengers of said vehicle are inside the vehicle in the place intended for their accommodation. No person shall ride on the running board of a motor vehicle or in any other place not customarily used for carrying passengers. No person riding upon any bicycle, coaster, roller skates, in-line skates, sled or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.

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3.12 Failure to Obtain License or Permit. It shall be unlawful for any person to fail to obtain any license or permit required by the Code. Specific Chapters requiring a license or permit include the following:

A. Chapter 6.2(A), Requirement for License for Burial.

B. Chapter 6.7(D), Requirement for Right-of-Way Work Permit.

C. Chapter 7.4(K), Requirement to License Animals.

D. Chapter 8.5(H), Requirement for Building Permit.

E. Chapter 8.4(A), Requirement of Rental Certificate.

F. Chapter 8.8(A)(4), Requirement for Zoning Permit.

G. Chapter 8.8(K)(2), Requirement for Sign Permit.

H. Chapter 8.9(F), Floodplain Development Permit.

I. Chapter 8.11(C), Requirement for Right-of-Way Tree Planting or Removal.

J. Chapter 8.12(A), Requirement for Peddler, Solicitor, or Transient Merchant License.

K. Iowa Code Chapter 453A, Requirement for Tobacco License.

3.13 Failure to Perform Duties. It shall be unlawful for any property owner or person in possession of property to fail to perform any action required by the following regulations:

A. RESERVED FOR CEMETERY REFRENCE.

B. RESERVED FOR LIBRARY REFERENCE.

C. 6.7: Right-of-Way Regulations.

D. 6.9: Water Utility, including all rules and duties established for water customers other than those relating to payment of charges.

E. 6.10: Sewer Utility, including all rules and duties established for sewer customers other than those relating to payment of charges.

3.14 Regulation of Nuisances. It shall be unlawful to create, cause, or maintain a nuisance as defined in Chapter 9 of this Code.

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3.15 Regulation of Weapons. The following regulations shall apply to the ownership, possession, legal transfer, transportation, registration, licensing, or discharge of weapons within the corporate boundaries of the City.

A. Offensive Weapons Prohibited. It shall be unlawful for any person to carry, possess, display, transfer, or discharge any offensive weapon, as defined in Chapter 9 of this Code, within the incorporated area of the City, subject to the following exceptions:

1. Any public safety official in the ordinary course of duty, or

2. Any member of the armed forces of the United States or of the National Guard in the ordinary course of duty, or

3. A resident of this state who possesses a weapon which is a curio or relic firearm under the Federal Firearms Act, 18 U.S.C. ch. 44, solely for use in the official functions of a historical re-enactment organization of which the person is a member, if the offensive weapon has been permanently rendered unfit for the firing of live ammunition. The offensive weapon may, however, be adapted for the firing of blank ammunition, or

4. A nonresident who possesses a weapon which is a curio or relic firearm under the Federal Firearms Act, 18 U.S.C. Ch. 44, solely for use in official functions in this state of a historical re-enactment organization of which the person is a member, if the weapon is legally possessed by the person in the person’s state of residence and the weapon is at all times while in this state rendered incapable of firing live ammunition. A nonresident who possesses an offensive weapon under this subsection while in this state shall not have in the person’s possession live ammunition. The offensive weapon may, however, be adapted for the firing of blank ammunition.

B. Dangerous Weapons Prohibited. The following regulations shall control the carrying, possession, or display of dangerous weapons, as defined in Chapter 9 of this Code:

1. It is unlawful for any person to carry, possess, or display any dangerous weapon in or on any City Property. Notwithstanding this regulation, any of the following is authorized to possess a dangerous weapon in or on City Property:

a. Any public safety official in the ordinary course of duty, or

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b. Any member of the armed forces of the United States or of the National Guard in the ordinary course of duty, or

c. Any nonprofessional currently authorized by an appropriate permit under state law to carry weapons, or

d. Any veteran’s organization possessing and using firearms adapted for the firing of blank ammunition in the course of ceremonial activities, or

e. Any person who under the laws of this state and the United States, is lawfully engaged in the business of supplying those authorized to possess such devices when such activities are permitted to take place on public property, or

f. A resident of this state who possesses a weapon which is a curio or relic firearm under the Federal Firearms Act, 18 U.S.C. ch. 44, solely for use in the official functions of a historical re-enactment organization of which the person is a member, if the offensive weapon has been permanently rendered unfit for the firing of live ammunition. The dangerous weapon may, however, be adapted for the firing of blank ammunition, or

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g. A nonresident who possesses a weapon which is a curio or relic firearm under the Federal Firearms Act, 18 U.S.C. Ch. 44, solely for use in official functions in this state of a historical re-enactment organization of which the person is a member, if the weapon is legally possessed by the person in the person’s state of residence and the weapon is at all times while in this state rendered incapable of firing live ammunition. A nonresident who possesses an offensive weapon under this subsection while in this state shall not have in the person’s possession live ammunition. The offensive weapon may, however, be adapted for the firing of blank ammunition.

C. Discharge or Use of Dangerous Weapons. It shall be unlawful to discharge or use dangerous weapons on any private or public property within the incorporated limits of the City, unless in conformance with the Zoning Code or in defense of self or property.

D. Intent Not to Conflict with Weapons Free-Zones Under 724.4A. The intent of this ordinance is not to abrogate Iowa Code 724.4A which mandates any public park facility owned by the City be a “Weapon Free-Zone.” Carrying, possession, display, discharge, or use of dangerous weapons in any public park shall remain unlawful.

E. Detection of Weapons. Persons in or upon any City Property may be subject to search if reasonable suspicion exists to believe they are unlawfully carrying or in possession of a dangerous weapons or offensive weapons.

3.16 Operation of Snowmobiles: The following regulations shall apply to the operation of snowmobiles within the City:

A. Operation of Snowmobiles Restricted. Unless a street, highway, or area is specifically restricted below, snowmobiles may be operated on public ways within the incorporated limits of the City as follows:

1. By any person authorized to operate snowmobiles by the laws of the State of Iowa; and

a. In a single-file manner in the proper lane of traffic, but as close to the curb as possible under existing circumstances; and

b. Snowmobiles traveling on permitted public streets, highways and areas shall not exceed the posted speed limits; and

c. Snowmobiles must be operated in conformance with all traffic controls which would otherwise apply to automobiles; and

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d. All snowmobiles operated in permitted areas or streets shall be equipped with a muffler in good working order to prevent excessive and unusual noise; and

e. Snowmobiles may not be operated upon the following public streets, highways or areas within the municipal limits of the city:

i. Public parks and recreation areas, or

ii. Downtown business district, or

iii. Any public sidewalk or any area between a street and the sidewalk.

3.17 Curfew and Truancy. Individuals under the age of eighteen (18) shall be subject to the following regulations:

A. Night-Time Curfew. It is unlawful for any person under the age of eighteen (18) years old to be upon the streets, sidewalk, parks, public places and vacant lots, places of public accommodation, or to ride in or upon, drive or otherwise operate or be a passenger of any automobile, bicycle, or other vehicle in, upon, over or through the streets, or other public places between the hours of twelve a.m. and five a.m.

B. Truancy. It is unlawful for any person under the age of eighteen (18), who is subject to compulsory education, alone or in concert with others, to be present in or upon streets, sidewalk, parks, public places and vacant lots, places of public accommodation, or to ride in or upon, drive or otherwise operate or be a passenger of any automobile, bicycle, or other vehicle in, upon, over or through the streets, or other public places during the hours of the day when the school, which the person would normally attend, is in session, on days when that school is in session.

C. Exceptions. The provisions in 3.17(A) and 3.17(B) of this section do not apply under the following conditions:

1. A person under the age of eighteen (18) who has been legally emancipated from his or her guardian(s); or

2. A person under the age of eighteen (18) accompanied by his or her guardian(s); or

a. A person under the age of eighteen (18) traveling to or retuning from;

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i. Employment, or

ii. Religious, political, economic, or cultural assembly, or

iii. Legitimate parentally approved errand, or

iv. Any function approved by a school district.

3. A person under the age of eighteen (18) who is married; or

4. A person under the age of eighteen (18) engaged in interstate travel for a lawful purpose with the consent of the parent; or

5. A person under the age of eighteen (18) on the sidewalk in front of his or her parent’s home, with the permission of his or her parent; or

6. A person under the age of eighteen (18) on the sidewalk in front of the home of someone else, with the permission of his or her parent and the permission of the abutting property owner of the sidewalk the minor is on.

D. Duty of Guardians. It is unlawful for the guardian(s) of a person under the age of eighteen (18) to knowingly permit or allow such minor person to violate 3.17(A) and 3.17(B) of this section.

3.18 Sale or Gift of Tobacco Products to Minors. The following shall apply:

A. Transfer to Minors Prohibited. It is unlawful for a person to sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen (18) years of age; or

B. Use by Minors. A person under eighteen (18) years of age shall not smoke, use, possess, purchase, or attempt to purchase any tobacco, tobacco products, or cigarettes.

C. Exception. Possession of cigarettes or tobacco products by an individual under eighteen years of age does not constitute a violation under this section if the individual under eighteen years of age possesses the cigarettes or tobacco products as part of the individual’s employment and the individual is employed by a person who holds a valid permit under this chapter or who lawfully offers for sale or sells cigarettes or tobacco products.

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3.19 Trapping. No person shall set or use a steel, claw, string, or box trap outside of any structure or building for the purpose of taking, killing, maiming, wounding, ensnaring, trapping, or capturing an animal or which is injurious to persons or animals except for the following:

A. Any trap designed for the primary use of capturing mice, rats, gophers, moles, or aquatic rodents which are trapped in water; or

B. Any trapping by a governmental unit to capture animals which are creating a public nuisance or for the protection of public or private property.

3.20 Private Communication and Energy System Equipment. It shall be unlawful for any person to place any private communication equipment or energy system equipment within any public right-of-way.

3.21 Discharge Into Sanitary and Storm Sewers. It shall be unlawful to discharge into the public sanitary sewer or stormwater sewer systems as follows:

A. No person shall discharge or cause to be discharged into the public sanitary sewer or stormwater sewer systems any flammable or explosive material; or

B. No person shall discharge or cause to be discharged into the public sanitary sewer or stormwater sewer systems any toxic or poisonous materials, nor any illicit or prescription drugs; or

C. No person shall discharge or cause to be discharged into the public sanitary sewer or stormwater sewer systems any corrosive waste; or

D. No person shall discharge or cause to be discharged into the public sanitary sewer or stormwater sewer systems any materials such as trash, garbage, rubbish, litter, offal, leaves, cement, or grass which could clog the system.

3.22 Destruction or Damage of Public Grounds, Property, Notices, or Proclamations. It shall be unlawful for a person to destroy or damage any publicly owned grounds or property, personal or real, or to destroy or damage any notice or proclamation set up at any place within the City by authority of the law or by order of any court.

3.23 Feeding of Deer. No person may place any salt, mineral, grain, fruit, or vegetable material outdoors on any public or private property within the City limits for the purpose of feeding deer.

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A. There shall be a rebuttable presumption that either of the following acts are for the purpose of feeding deer:

1. The placement of salt, mineral, grain, fruit, or vegetable material in an aggregate quantity of greater than one-half gallon at the height of less than six feet.

2. The placement of salt, mineral, grain, fruit, or vegetable material in an aggregate quantity of greater than one-half gallon in a drop feeder or similar device regardless of the material.

B. The following exceptions shall apply:

1. Naturally growing materials, such as lawns, gardens, ornamental plantings, or mulch.

2. Unmodified commercially purchased bird feeders or such equivalent used only for the purpose of feeding birds.

3. Stored crops, provided such crops are not stored in a fashion intended to make food available to the deer.

4. Incidental spills of salt, mineral, grain, fruit, or vegetable material.

3.24 Golf Cart Operation on City Streets. It shall be unlawful to operate a Golf Cart upon a public right-of-way unless the following requirements are met:

A. The Golf Cart is operated on a public street or alley between sunrise and sunset, and

B. The Golf Cart is equipped with a slow moving vehicle sign and a bicycle safety flag, and

C. The Golf Cart is equipped with adequate brakes; and

D. The individual controlling the Golf Cart has a valid driver’s license.

E. For Golf Carts operated in conjunction with an approved parade or event, the Council may place reasonable restrictions and limits on the numbers and uses of Golf Carts.

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3.25 Unlawful Painting of Curbs. It shall be unlawful for any person to place or maintain paint or other material upon any curb, sidewalk or pavement in the City in a manner which purports to be, or is, an imitation of or resembles official indication of parking regulations.

3.26 Obstructing Drainage. It shall be unlawful to divert, obstruct, impede, or fill up, without legal authority, any ditch, drain, or watercourse, or to break down any levee lawfully established, constructed or maintained.

3.27 Unauthorized Entry. No person shall enter any public building or public enclosure unless authorized to do so. An entry into public buildings and enclosures shall be considered to be unauthorized when said buildings or enclosures are closed and secured against entry and not open to the public. When open to the public, a failure to pay a required admission fee, if any, shall also constitute an unauthorized entry.

3.28 Placing Debris on Street or Sidewalk. It shall be unlawful for any person to throw or deposit on any street or sidewalk any yard waste, glass, glass bottle, nails, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, or any other substance likely to injure any person, animal, or vehicle.

3.29 Playing in Streets. It shall be unlawful for any person to coast, slide, or play games on streets or highways, unless said street has been designated as a “Play Street” by the Council.

3.30 Use of Coasters, Skates, Roller Coasters, or Similar Devices. No person upon roller skates, or riding in or by means of any coaster, toy vehicle or similar device shall go upon any roadway except when crossing a street on a crosswalk.

3.31 Traveling on Barricaded Street. It shall be unlawful for any person to travel or operate any vehicle on any street or public way the City has temporarily closed by barricades, lights, signs, or flares placed thereon.

3.32 Use of Street for Business. It shall be unlawful to park, store or place any machinery, or any other goods, wares, and merchandise of any kind upon any street, unless done so in compliance with a peddlers, solicitors, or transient merchant permit, or under the approval of the City.

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3.33 Operation of Off-Road Vehicles on City Streets. It shall be lawful to operate an Off-Road Vehicle upon a public right-of-way, so long as the following requirements are met:

A. The Off-Road Vehicle is operated on a public street or alley between sunrise and sunset, unless the Off-Road Vehicle is equipped with headlights, and

B. The Off-Road Vehicle is equipped with a slow-moving vehicle sign and a bicycle safety flag, and

C. The Off-Road Vehicle is equipped with adequate brakes; and

D. The individual controlling the Off-Road Vehicle has a valid driver’s license.

E. The Off-Road Vehicle has turn-signals.

3.34 Operating of Curb Stops and Fire Hydrants. No person, unless specifically authorized by the City, shall operate a curb stop or fire hydrant.

3.35 Unlawful Discharge. No owner or occupant of any building shall discharge or permit to be discharged into the sanitary sewers or storm sewers any substances which will clog the pipes, produce, explosive mixtures, destroy or materially damage the pipes or joints, or interfere unduly with the sewage disposal process.

3.36 Dumping of Snow. It is unlawful for any person to throw, push, or place or cause to be thrown, pushed or placed, any ice or snow from private property, sidewalks, or driveways onto the traveled way of a street or alley so as to obstruct gutters, or impede the passage of vehicles upon the street or alley or to create a hazardous condition therein; however, it is lawful for a person to redeposit into the street any snow accumulation that snow plows have pushed onto private driveways or sidewalks.

3.37 Illegal Dumping of Waste. The following regulations shall constitute unlawful illegal dumping of waste:

A. It is unlawful for any person in the city to throw or deposit any waste upon any street or other public way.

B. It is unlawful for any person to dump any waste at the Municipal Tree and Leaf Site other than those types of yard waste and tree waste that are permitted.

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3.38 Burying Solid Waste. It shall be unlawful for any person to bury solid waste upon any property in the City and it shall be unlawful for any person to deposit solid waste upon any property in the City except in a container for collection and removal of the solid waste.

3.39 Burning of Solid Waste. It shall be unlawful for any person or entity, at any time, to burn any solid waste on any property within the limits of the City. Solid waste includes garbage, refuse, rubber tires, chemicals, furniture, carpeting, household appliances, vinyl products (such as flooring or siding), trade waste, rubbish, building materials, residential waste, and other nonstructural materials shall not be burned. Solid waste shall not include landscape materials originated on the premises of the burning.

3.40 Dead Animals. It is unlawful for any person to bury any dead animal except small household pets upon any property within the City in conformance with Chapter 7.

3.41 Accumulation of Rubbish. It shall be unlawful for any person to accumulate rubbish in a manner which renders the property upon which the same is situated unsightly or in such an amount as to constitute a nuisance, a fire hazard, or a hazard to health. No person shall cause or permit to be disposed garbage, rubbish, refuse, dead animals or any other similar matter in or upon any street or alley or upon any premises within the City.

3.42 Responsibility for Damage by Animals. It is unlawful for an owner or custodian to allow or permit an animal to attack persons or domestic animals, to destroy property, to cause personal injury or to place persons in danger of attack or injury.

3.43 Keeping of Livestock. It is unlawful for a person to keep livestock within the City except in compliance with the City’s zoning regulations.

3.44 Animal Abuse. It shall be unlawful for any person to beat, starve or otherwise abuse any animal.

3.45 Animals for Entertainment.

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It shall be unlawful for any person to use animals for entertainment purposes, including but not limited to: horse tripping, steer tailing, selling or giving away any animal as an incentive, prize or novelty; owning, breeding or training any animal (or other similar activity) for purposes of fighting between such animal with another animal or human being; intentionally killing or injuring any animal for sport, wagering or entertainment.

3.46 Poisoning Animals. It shall be unlawful under this Chapter for any person to knowingly poison or cause to be poisoned any domestic animal, except for euthanasia performed by a licensed veterinarian.

3.47 Killing Animals. It shall be unlawful under this Chapter for any person to knowingly kill any domestic animal, subject to the following exceptions:

A. In an emergency situation to end the immediate suffering of the animal; or

B. When the animal is not under the supervision of its owner or custodian and is in the process of injuring, wounding or killing another animal or a human being; or

C. Any public safety official when such killing is reasonably necessary in the course of duty, or

D. Under the direction of a licensed veterinarian.

3.48 Allowing Animals At-Large. It shall be unlawful for the owner or custodian of any animal to fail to keep the same from running “at large” in the City, per the regulations of Chapter 7.3.

3.49 Owners and Custodians of Animals. It shall be unlawful for the owners or custodians of animals to violate their duties and standards under Chapter 7.4.

3.50 Load Limits Upon Certain Streets. When signs are erected giving notice thereof, no person shall operate any vehicle with a gross weight in excess of the amounts specified on such signs at any time upon any of the streets or parts of streets for which said signs are erected.

3.51 Fireworks. The use of consumer fireworks, display fireworks, and novelty fireworks, as defined in the American Pyrotechnics Association Standard 87-1 and Iowa Law, are subject to the following regulations.

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A. Display Fireworks. The use of display fireworks, as defined by is prohibited, subject to the following exceptions:

1. The City may use display fireworks for public events in accordance with Iowa Law.

2. Other organizations or groups of individuals using display fireworks for public and private events under a permit approved by the Council. The form of such permit shall be on an application provided by the City and subject to rules or limitations as approved by the Council.

B. Consumer Fireworks and Novelties. The use of consumer fireworks and novelties is subject to the following regulations:

1. The use of Novelties is not restricted in any way beyond that imposed by Iowa Law.

2. The use of Consumer Fireworks is permitted, subject to the following restrictions:

a. Subject to 3.51(B)(2)(b) and 3.51(B)(2)(c), Consumer Fireworks may only be used during the periods of July 1 to July 7 and December 25 to January 3 of each year. Consumer Fireworks may only be used from the hours of 9:00 AM to 10:00 PM during these permitted days, although this time shall be extended to until 11:00 PM on July 4 of each year.

b. Subject to the restrictions of 3.51(B)(2)(a), the following types of Consumer Fireworks may be used:

i. Fireworks,ii. Cone Fountains,iii. Ground and Handheld Sparkling Devices,iv. Cylindrical Fountains,v. Illuminating Torches,vi. Wheels,vii. Toy Smoke Devices,viii.Ground Spinner,ix. Flitter Sparkler, andx. Wire Sparkler and Dipped Stick.

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c. Subject to the restrictions of 3.51(B)(2)(a), the following types of Consumer Fireworks may only be used if the products are ignited no closer than twenty (20) feet from the nearest structure and only if the products are shot from a level surface straight up into the air:

i. Aerial shell kits and reloadable tubes,ii. Helicopter and aerial spinners,iii. Missile type rockets,iv. Roman candles,v. Sky rockets and bottle rockets, andvi. Mine and shell devices.

C. Notwithstanding section 3.51(B), Consumer Fireworks may not be used if the County has declared a burn ban due to conditions which elevate the risk of grassland fire.

D. Notwithstanding section 3.51(B), all Consumer Fireworks must be used by a person with an ownership or leasehold interest in the subject property or any person age sixteen (16) or older with the permission of any person with an ownership or leasehold interest in the subject property.

E. Notwithstanding section 3.51(B), no Consumer Fireworks may be used upon public property or public ways.

F. Penalty. The penalty for violating this section shall be a simple misdemeanor as defined in 903.1(a) of the State Code.

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Chapter 4: Offenses Subject to a Municipal Infraction Penalty

4.1 Municipal Infraction Penalty. A violation of this chapter or the omission or failure to perform any act or duty required by the same, is a municipal infraction punishable by civil penalty not to exceed seven hundred and fifty dollars ($750.00) for the first offence and not to exceed one thousand dollars ($1,000.00) for each repeat offense. Each day that a violation occurs or is permitted to exist constitutes a repeat offense.

4.2 Authority to Issue Municipal Infractions. Any officer authorized by the City to enforce the City Code may issue a civil citation to a person who commits a municipal infraction. The issuing officer shall retain a copy of the citation, and one copy shall be sent to the Clerk of the District Court. The citation shall serve as notification that a civil offense has been committed and shall contain the following information:

A. The name and address of the defendant.

B. The name or description of the infraction attested to by the officer issuing the citation.

C. The location and time of the infraction.

D. The amount of civil penalty to be assessed or the alternative relief sought, or both.

E. The manner, location, and time in which the penalty may be paid.

F. The time and place of court appearance.

G. The penalty for failure to appear in court.

4.3 Alternative Relief and Criminal Penalties. Seeking a civil penalty as authorized in 4.1 of this Chapter does not preclude the City from seeking alternative relief in the same action. Such alternative relief may include, but is not limited to, criminal penalties as authorized by 3.1 of this Code, any administrative action or abatement by city authorized in Chapter 8 of this code, any appropriate action authorized by Chapter 5 of this code, or injunctive relief sought in a court of law.

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4.4 Failure to Obtain License or Permit. It shall be unlawful for any person to fail to obtain any license or permit required by the Code. Specific Chapters requiring a license or permit include the following:

A. Chapter 6.2(A), Requirement for License for Burial.

B. Chapter 6.7(D), Requirement for Right-of-Way Work Permit.

C. Chapter 7.4(K), Requirement to License Animals.

D. Chapter 8.5(H), Requirement for Building Permit.

E. Chapter 8.4(A), Requirement of Rental Certificate.

F. Chapter 8.8(A)(4), Requirement for Zoning Permit.

G. Chapter 8.8(K)(2), Requirement for Sign Permit.

H. Chapter 8.9(F), Floodplain Development Permit.

I. Chapter 8.11(C), Requirement for Right-of-Way Tree Planting or Removal.

J. Chapter 8.12(A), Requirement for Peddler, Solicitor, or Transient Merchant License.

K. Iowa Code Chapter 453A, Requirement for Tobacco License.

4.5 Failure to Perform Duties. In shall be unlawful for any property owner or person in possession of property to fail to perform any action required by the following regulations:

A. 6.2: Cemetery and Internment.

B. 6.3(B)(8): Rules and Regulations established by the Library Board of Trustees.

C. 6.7: Right-of-Way Regulations.

D. 6.9: Water Utility, including all rules and duties established for water customers other than those relating to payment of charges.

E. 6.10: Sewer Utility, including all rules and duties established for sewer customers other than those relating to payment of charges.

4.6 Regulation of Nuisances. It shall be unlawful to create, cause, or maintain a nuisance as defined in Chapter 9 of this Code.

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4.7 Regulation of Weapons. The following regulations shall apply to the ownership, possession, legal transfer, transportation, registration, licensing, or discharge of weapons within the corporate boundaries of the City.

A. Offensive Weapons Prohibited. It shall be unlawful for any person to carry, possess, display, transfer, or discharge any offensive weapon, as defined in Chapter 9 of this Code, within the incorporated area of the City, subject to the following exceptions:

1. Any public safety official in the ordinary course of duty, or

2. Any member of the armed forces of the United States or of the National Guard in the ordinary course of duty, or

3. A resident of this state who possesses a weapon which is a curio or relic firearm under the federal Firearms Act, 18 U.S.C. ch. 44, solely for use in the official functions of a historical reenactment organization of which the person is a member, if the offensive weapon has been permanently rendered unfit for the firing of live ammunition. The offensive weapon may, however, be adapted for the firing of blank ammunition, or

4. A nonresident who possesses a weapon which is a curio or relic firearm under the Federal Firearms Act, 18 U.S.C. Ch. 44, solely for use in official functions in this state of a historical re-enactment organization of which the person is a member, if the weapon is legally possessed by the person in the person’s state of residence and the weapon is at all times while in this state rendered incapable of firing live ammunition. A nonresident who possesses an offensive weapon under this subsection while in this state shall not have in the person’s possession live ammunition. The offensive weapon may, however, be adapted for the firing of blank ammunition.

B. Dangerous Weapons Prohibited. The following regulations shall control the carrying, possession, or display of dangerous weapons, as defined in Chapter 9 of this Code:

1. It is unlawful for any person to carry, possess, or display any dangerous weapon in or on any City Property. Notwithstanding this regulation, any of the following is authorized to possess a dangerous weapon in or on City Property:

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a. Naturally growing materials, such as lawns, gardens, ornamental plantings, or mulch.

b. Any public safety official in the ordinary course of duty, or

c. Any member of the armed forces of the United States or of the National Guard in the ordinary course of duty, or

d. Any nonprofessional currently authorized by an appropriate permit under state law to carry weapons, or

e. Any veteran’s organization possessing and using firearms adapted for the firing of blank ammunition in the course of ceremonial activities, or

f. Any person who under the laws of this state and the United States, is lawfully engaged in the business of supplying those authorized to possess such devices when such activities are permitted to take place on public property, or

g. A resident of this state who possesses a weapon which is a curio or relic firearm under the Federal Firearms Act, 18 U.S.C. ch. 44, solely for use in the official functions of a historical re-enactment organization of which the person is a member, if the offensive weapon has been permanently rendered unfit for the firing of live ammunition. The dangerous weapon may, however, be adapted for the firing of blank ammunition, or

h. A nonresident who possesses a weapon which is a curio or relic firearm under the federal Firearms Act, 18 U.S.C. Ch. 44, solely for use in official functions in this state of a historical reenactment organization of which the person is a member, if the weapon is legally possessed by the person in the person’s state of residence and the weapon is at all times while in this state rendered incapable of firing live ammunition. A nonresident who possesses an offensive weapon under this subsection while in this state shall not have in the person’s possession live ammunition. The offensive weapon may, however, be adapted for the firing of blank ammunition.

C. Discharge or Use of Dangerous Weapons. It shall be unlawful to discharge or use dangerous weapons on any private or public property within the incorporated limits of the City, unless in conformance with the Zoning Code or in defense of self or property.

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D. Intent Not to Conflict With Weapons Free-Zones Under 724.4A. The intent of this ordinance is not to abrogate Iowa Code 724.4A which mandates any public park facility owned by the City be a “Weapon Free-Zone.” Carrying, possession, display, discharge, or use of dangerous weapons in any public park shall remain unlawful.

E. Detection of Weapons. Persons in or upon any City Property may be subject to search if reasonable suspicion exists to believe they are unlawfully carrying or in possession of a dangerous weapons or offensive weapons.

4.8 Operation of Snowmobiles: The following regulations shall apply to the operation of snowmobiles within the City:

A. Operation of Snowmobiles Restricted. Unless a street, highway, or area is specifically restricted below, snowmobiles may be operated on public ways within the incorporated limits of the City as follows:

1. By any person authorized to operate snowmobiles by the laws of the State of Iowa; and

a. In a single-file manner in the proper lane of traffic, but as close to the curb as possible under existing circumstances; and

b. Snowmobiles traveling on permitted public streets, highways and areas shall not exceed the posted speed limits; and

c. Snowmobiles must be operated in conformance with all traffic controls which would otherwise apply to automobiles; and

d. All snowmobiles operated in permitted areas or streets shall be equipped with a muffler in good working order to prevent excessive and unusual noise; and

e. Snowmobiles may not be operated upon the following public streets, highways or areas within the municipal limits of the city:

i. Public parks and recreation areas, or

ii. Cemetery, or

iii. Downtown business district, or

iv. 5th Street, or

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v. Any public sidewalk or any area between a street and the sidewalk.

4.9 Curfew and Truancy. Individuals under the age of eighteen (18) shall be subject to the following regulations:

A. Night-Time Curfew. It is unlawful for any person under the age of eighteen (18) years old to be upon the streets, sidewalk, parks, public places and vacant lots, places of public accommodation, or to ride in or upon, drive or otherwise operate or be a passenger of any automobile, bicycle, or other vehicle in, upon, over or through the streets, or other public places between the hours of twelve a.m. and five a.m.

B. Truancy. It is unlawful for any person under the age of eighteen (18), who is subject to compulsory education, alone or in concert with others, to be present in or upon streets, sidewalk, parks, public places and vacant lots, places of public accommodation, or to ride in or upon, drive or otherwise operate or be a passenger of any automobile, bicycle, or other vehicle in, upon, over or through the streets, or other public places during the hours of the day when the school, which the person would normally attend, is in session, on days when that school is in session.

C. Exceptions. The provision of the 4.9(A) and 4.9(B) of this section do not apply under the following conditions:

1. A person under the age of eighteen (18) who has been legally emancipated from his or her guardian(s); or

2. A person under the age of eighteen (18) accompanied by his or her guardian(s); or

a. A person under the age of eighteen (18) traveling to or retuning from;

i. Employment, or

ii. Religious, political, economic, or cultural assembly, or

iii. Legitimate parentally approved errand, or

iv. Any function approved by a school district.

3. A person under the age of eighteen (18) who is married; or

4. A person under the age of eighteen (18) engaged in interstate travel for a lawful purpose with the consent of the parent; or

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5. A person under the age of eighteen (18) on the sidewalk in front of his or her parent’s home, with the permission of his or her parent; or

6. A person under the age of eighteen (18) on the sidewalk in front of the home of someone else, with the permission of his or her parent and the permission of the abutting property owner of the sidewalk the minor is on.

D. Duty of Guardians. It is unlawful for the guardian(s) of a person under the age of eighteen (18) to knowingly permit or allow such minor person to violate 4.9(A) and 4.9(B) of this section.

4.10 Sale or Gift of Tobacco Products to Minors. The following shall apply:

A. Transfer to Minors Prohibited. It is unlawful for a person to sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen (18) years of age; or

B. Use by Minors. A person under eighteen (18) years of age shall not smoke, use, possess, purchase, or attempt to purchase any tobacco, tobacco products, or cigarettes.

C. Exception. Possession of cigarettes or tobacco products by an individual under eighteen years of age does not constitute a violation under this section if the individual under eighteen years of age possesses the cigarettes or tobacco products as part of the individual’s employment and the individual is employed by a person who holds a valid permit under this chapter or who lawfully offers for sale or sells cigarettes or tobacco products.

4.11 Trapping. No person shall set or use a steel, claw, string, or box trap outside of any structure or building for the purpose of taking, killing, maiming, wounding, ensnaring, trapping, or capturing an animal or which is injurious to persons or animals except for the following:

A. Any trap designed for the primary use of capturing mice, rats, gophers, moles, or aquatic rodents which are trapped in water; or

B. Any trapping by a governmental unit to capture animals which are creating a public nuisance or for the protection of public or private property.

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4.12 Private Communication and Energy System Equipment. It shall be unlawful for any person to place any private communication equipment or energy system equipment within any public right-of-way.

4.13 Discharge Into Sanitary and Storm Sewers. It shall be unlawful to discharge into the public sanitary sewer or stormwater sewer systems as follows:

A. No person shall discharge or cause to be discharged into the public sanitary sewer or stormwater sewer systems any flammable or explosive material; or

B. No person shall discharge or cause to be discharged into the public sanitary sewer or stormwater sewer systems any toxic or poisonous materials; or

C. No person shall discharge or cause to be discharged into the public sanitary sewer or stormwater sewer systems any corrosive waste; or

D. No person shall discharge or cause to be discharged into the public sanitary sewer or stormwater sewer systems any materials such as trash, garbage, rubbish, litter, offal, leaves, cement, or grass which could clog the system.

4.14 Destruction or Damage of Public Grounds, Property, Notices, or Proclamations. It shall be unlawful for a person to destroy or damage any publicly owned grounds or property, personal or real, or to destroy or damage any notice or proclamation set up at any place within the City by authority of the law or by order of any court.

4.15 Feeding of Deer. No person may place any salt, mineral, grain, fruit, or vegetable material outdoors on any public or private property within the City limits for the purpose of feeding deer.

A. There shall be a rebuttable presumption that either of the following acts are for the purpose of feeding deer:

1. The placement of salt, mineral, grain, fruit, or vegetable material in an aggregate quantity of greater than one-half gallon at the height of less than six feet.

2. The placement of salt, mineral, grain, fruit, or vegetable material in an aggregate quantity of greater than one-half gallon in a drop feeder or similar device regardless of the material.

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B. The following exceptions shall apply:

1. Naturally growing materials, such as lawns, gardens, ornamental plantings, or mulch.

2. Unmodified commercially purchased bird feeders or such equivalent used only for the purpose of feeding birds.

3. Stored crops, provided such crops are not stored in a fashion intended to make food available to the deer.

4. Incidental spills of salt, mineral, grain, fruit, or vegetable material.

4.16 Golf Cart Operation on City Streets. It shall be unlawful to operate a Golf Cart upon a public right-of-way unless the following requirements are met:

A. The Golf Cart is operated on a public street or alley between sunrise and sunset, and

B. The Golf Cart is equipped with a slow-moving vehicle sign and a bicycle safety flag, and

C. The Golf Cart is equipped with adequate brakes; and

D. The individual controlling the Golf Cart has a valid driver’s license.

E. For Golf Carts operated in conjunction with an approved parade or event, the Council may place reasonable restrictions and limits on the numbers and uses of Golf Carts.

4.17 Unlawful Painting of Curbs. It shall be unlawful for any person to place or maintain paint or other material upon any curb, sidewalk or pavement in the City in a manner which purports to be, or is, an imitation of or resembles official indication of parking regulations.

4.18 Obstructing Drainage. It shall be unlawful to divert, obstruct, impede, or fill up, without legal authority, any ditch, drain, or watercourse, or to break down any levee lawfully established, constructed or maintained.

4.19 Unauthorized Entry. No person shall enter any public building or public enclosure unless authorized to do so. An entry into public buildings and enclosures shall be considered to be unauthorized when said

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buildings or enclosures are closed and secured against entry and not open to the public. When open to the public, a failure to pay a required admission fee, if any, shall also constitute an unauthorized entry.

4.20 Placing Debris on Street or Sidewalk. It shall be unlawful for any person to throw or deposit on any street or sidewalk any yard waste, glass, glass bottle, nails, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, or any other substance likely to injure any person, animal, or vehicle.

4.21 Playing in Streets. It shall be unlawful for any person to coast, slide, or play games on streets or highways, unless said street has been designated as a “Play Street” by the Council.

4.22 Use of Coasters, Skates, Roller Coasters, or Similar Devices. No person upon roller skates, or riding in or by means of any coaster, toy vehicle or similar device shall go upon any roadway except when crossing a street on a crosswalk.

4.23 Traveling on Barricaded Street. It shall be unlawful for any person to travel or operate any vehicle on any street or public way the City has temporarily closed by barricades, lights, signs, or flares placed thereon.

4.24 Use of Street for Business. It shall be unlawful to park, store or place any machinery, or any other goods, wares, and merchandise of any kind upon any street, unless done so in compliance with a peddlers, solicitors, or transient merchant permit, or under the approval of the City.

4.25 Operation of Off-Road Vehicles on City Streets. It shall be lawful to operate an Off-Road Vehicle upon a public right-of-way, so long as the following requirements are met:

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A. The Off-Road Vehicle is operated on a public street or alley between sunrise and sunset, unless the Off-Road Vehicle is equipped with headlights, and

B. The Off-Road Vehicle is equipped with a slow moving vehicle sign and a bicycle safety flag, and

C. The Off-Road Vehicle is equipped with adequate brakes; and

D. The individual controlling the Off-Road Vehicle has a valid driver’s license.

E. The Off-Road Vehicle has turn-signals.

4.26 Operating of Curb Stops and Fire Hydrants. No person, unless specifically authorized by the City, shall operate a curb stop or fire hydrant.

4.27 Unlawful Discharge. No owner or occupant of any building shall discharge or permit to be discharged into the sanitary sewers or storm sewers any substances which will clog the pipes, produce, explosive mixtures, destroy or materially damage the pipes or joints, or interfere unduly with the sewage disposal process.

4.28 Dumping of Snow. It is unlawful for any person to throw, push, or place or cause to be thrown, pushed or placed, any ice or snow from private property, sidewalks, or driveways onto the traveled way of a street or alley so as to obstruct gutters, or impede the passage of vehicles upon the street or alley or to create a hazardous condition therein; however, it is lawful for a person to redeposit into the street any snow accumulation that snow plows have pushed onto private driveways or sidewalks.

4.29 Illegal Dumping of Waste. The following regulations shall constitute unlawful illegal dumping of waste:

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A. It is unlawful for any person in the city to throw or deposit any waste upon any street or other public way.

B. It is unlawful for any person to dump any waste at the Municipal Tree and Leaf Site other than those types of yard waste and tree waste that are permitted.

4.30 Burying Solid Waste. It shall be unlawful for any person to bury solid waste upon any property in the City and it shall be unlawful for any person to deposit solid waste upon any property in the City except in a container for collection and removal of the solid waste.

4.31 Burning of Solid Waste. It shall be unlawful for any person or entity, at any time, to burn any solid waste on any property within the limits of the City. Solid waste includes garbage, refuse, rubber tires, chemicals, furniture, carpeting, household appliances, vinyl products (such as flooring or siding), trade waste, rubbish, building materials, residential waste, and other nonstructural materials shall not be burned. Solid waste shall not include landscape materials originated on the premises of the burning.

4.32 Dead Animals. It is unlawful for any person to bury any dead animal except ordinary household pets upon any property within the City, provide the burial is in conformance with any regulations set forth in Chapter 7 of this Code.

4.33 Accumulation of Rubbish. It shall be unlawful for any person to accumulate rubbish in a manner which renders the property upon which the same is situated unsightly or in such an amount as to constitute a nuisance, a fire hazard, or a hazard to health. No person shall cause or permit to be disposed garbage, rubbish, refuse, dead animals or any other similar matter in or upon any street or alley or upon any premises within the City.

4.34 Responsibility for Damage by Animals. It is unlawful for an owner or custodian to allow or permit an animal to attack persons or domestic animals, to destroy property, to cause personal injury or to place persons in danger of attack or injury.

4.35 Keeping of Livestock. It is unlawful for a person to keep livestock within the City except in compliance with the City’s zoning regulations.

4.36 Animal Abuse. It shall be unlawful for any person to beat, starve or otherwise abuse any animal.

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4.37 Animals for Entertainment. It shall be unlawful for any person to use animals for entertainment purposes, including but not limited to: horse tripping, steer tailing, selling or giving away any animal as an incentive, prize or novelty; owning, breeding or training any animal (or other similar activity) for purposes of fighting between such animal with another animal or human being; intentionally killing or injuring any animal for sport, wagering or entertainment.

4.38 Poisoning Animals. It shall be unlawful under this Chapter for any person to knowingly poison or cause to be poisoned any domestic animal, except for euthanasia performed by a licensed veterinarian.

4.39 Killing Animals. It shall be unlawful under this Chapter for any person to knowingly kill any domestic animal, subject to the following exceptions:

A. In an emergency situation to end the immediate suffering of the animal; or

B. When the animal is not under the supervision of its owner or custodian and is in the process of injuring, wounding or killing another animal or a human being; or

C. Any public safety official when such killing is reasonably necessary in the course of duty, or

D. Under the direction of a licensed veterinarian.

4.40 Allowing Animals At-Large. It shall be unlawful for the owner or custodian of any animal to fail to keep the same from running “at large” in the City, per the regulations of Chapter 7.3.

4.41 Owners and Custodians of Animals. It shall be unlawful for the owners or custodians of animals to violate their duties and standards under Chapter 7.4.

4.42 Load Limits Upon Certain Streets. When signs are erected giving notice thereof, no person shall operate any vehicle with a gross weight in excess of the amounts specified on such signs at any time upon any of the streets or parts of streets for which said signs are erected.

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4.43 Fireworks The use of consumer fireworks, display fireworks, and novelty fireworks, as defined in the American Pyrotechnics Association Standard 87-1 and Iowa Law, are subject to the following regulations.

A. Display Fireworks. The use of display fireworks, as defined by is prohibited, subject to the following exceptions:

1. The City may use display fireworks for public events in accordance with Iowa Law.

2. Other organizations or groups of individuals using display fireworks for public and private events under a permit approved by the Council. The form of such permit shall be on an application provided by the City and subject to rules or limitations as approved by the Council.

B. Consumer Fireworks and Novelties. The use of consumer fireworks and novelties is subject to the following regulations:

1. The use of Novelties is not restricted in any way beyond that imposed by Iowa Law.

2. The use of Consumer Fireworks is permitted, subject to the following restrictions:

a. Subject to 3.51(B)(2)(b) and 3.51(B)(2)(c), Consumer Fireworks may only be used during the periods of July 1 to July 7 and December 25 to January 3 of each year. Consumer Fireworks may only be used from the hours of 9:00 AM to 10:00 PM during these permitted days, although this time shall be extended to until 11:00 PM on July 4 of each year.

b. Subject to the restrictions of 3.51(B)(2)(a), the following types of Consumer Fireworks may be used:

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i. Fireworks,ii. Cone Fountains,iii. Ground and Handheld Sparkling Devices,iv. Cylindrical Fountains,v. Illuminating Torches,vi. Wheels,vii. Toy Smoke Devices,viii. Ground Spinner,ix. Flitter Sparkler, andx. Wire Sparkler and Dipped Stick.

c. Subject to the restrictions of 3.51(B)(2)(a), the following types of Consumer Fireworks may only be used if the products are ignited no closer than twenty (20) feet from the nearest structure and only if the products are shot from a level surface straight up into the air:

i. Aerial shell kits and reloadable tubes,ii. Helicopter and aerial spinners,iii. Missile type rockets,iv. Roman candles,v. Sky rockets and bottle rockets, andvi. Mine and shell devices.

C. Notwithstanding section 3.51(B), Consumer Fireworks may not be used if the County has declared a burn ban due to conditions which elevate the risk of grassland fire.

D. Notwithstanding section 3.51(B), all Consumer Fireworks must be used by a person with an ownership or leasehold interest in the subject property or any person age sixteen (16) or older with the permission of any person with an ownership or leasehold interest in the subject property.

E. Notwithstanding section 3.51(B), no Consumer Fireworks may be used upon public property or public ways.

F. Penalty. The penalty for violating this section shall be a simple misdemeanor as defined in 903.1(a) of the State Code

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Chapter 5: Parking Offenses Subject to City Penalty

5.1 Parking Regulations. Parking violations shall be charged and collected upon a simple notice of a fine payable to the Clerk. The fine for each violation charged under a simple notice of a fine shall be established by this Chapter.

5.2 Alternative Relief. Seeking a simple parking penalty as authorized in 5.1 of this chapter does not preclude the City from seeking alternative relief in the same action. Such alternative relief may include, but is not limited to, criminal penalties as authorized by 3.1 of this Code, any municipal infraction authorized by Chapter 4.1 of this code, or injunctive relief sought in a court of law, and any administrative action or abatement by city authorized in Chapter 8 of this code.

5.3 Official Responsible for Issuing Violations. Any person authorized by the City to enforce the City Code may issue a simple notice of a fine to any person committing a parking violation.

5.4 Contested Parking Tickets. Contested parking tickets shall be charged in the District Court the same as other traffic violations. Under Iowa Code 321.236(1)(a), filing fees and court costs shall be assessed in these cases as provided in Iowa Code section 602.8106(1) and Iowa Code section 805.6(1), paragraph “a” for parking violation cases. The party contesting the violation shall deliver notice in writing to the Clerk as notice that the parking ticket is being contested.

5.5 Funds Retained by City. All fines collected by the City pursuant to this Chapter shall be retained by the City and shall be deposited into the General Fund.

5.6 Refusal of Registration of Vehicle.

A. Upon an agreement between the City and County conforming to Chapter 321.236(1)(d), the County Treasurer shall refuse to renew the registration of a vehicle registered to an applicant if the County Treasurer knows that the applicant has one or more uncontested, delinquent parking tickets issued by the City.

B. The Clerk shall take the appropriate steps to notify the County Treasurer of any uncontested parking tickets which are more than three months’ delinquent and the Council may enter into an agreement with the County Treasurer related to the collection of uncontested parking tickets.

C. Every simple notice of fine shall contain the following statement:

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1. FAILURE TO PAY RESTITUTION OWED BY YOU CAN BE GROUNDS FOR REFUSING TO RENEW YOUR MOTOR VEHICLE’S REGISTRATION.

5.7 Parking Violations and Fines. The following violations shall be unlawful and shall be subject to a fine as provided.

A. Adjacent to Curb – Two-Way Street. No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right-hand wheels of the vehicle within twelve (12) inches of the curb or edge of the roadway except as hereinafter provided in the case of angle parking and vehicles parked on the left-hand side of one-way streets. The fine for this violation shall be $25.

B. Adjacent to Curb – One-Way Street. No person shall stand or park a vehicle on the left-hand side of a one-way street other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the left-hand wheels of the vehicle within eighteen (18) inches of the curb or edge of the roadway except as hereinafter provided in the case of angle parking. The fine for this violation shall be $25.

C. Angle Parking. Upon those streets or portions of streets which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway or in the center of the roadway as indicated by such signs and markings. No part of any vehicle, or the load thereon, when parked within a diagonal parking district, shall extend into the roadway more than a distance of nineteen (19) feet when measured at right angles to the adjacent curb or edge of roadway. The fine for this violation shall be $25.

D. Upon a Public Way. No person shall stand or park a vehicle upon a public way for more than forty-eight (48) hours, unless the vehicle has been moved a minimum of twenty (20) feet during the course of that forty-eight (48) hours. The fine for this violation shall be $25.

E. Crosswalk. No person shall stand or park a vehicle within ten (10) feet of a crosswalk. The fine for this violation shall be $25.

F. Sidewalks. No person shall stand or park a vehicle on or across a sidewalk. The fine for this violation shall be $25.

G. Driveway. No person shall stand or park a vehicle in front of a public or private driveway. The fine for this violation shall be $25.

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H. Intersection. No person shall stand or park a vehicle within an intersection of streets. The fine for this violation shall be $25.

I. Fire Hydrant. No person shall stand or park a vehicle within five (5) feet of a fire hydrant. The fine for this violation shall be $25.

J. Stop Sign or Signal. No person shall stand or park a vehicle within twenty-five (25) feet upon the approach to any flashing beacon, stop or yield sign, or traffic control signal located at the side of a roadway. The fine for this violation shall be $25.

K. Excavations. No person shall stand or park a vehicle alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic. The fine for this violation shall be $25.

L. Double Parking. No person shall stand or park a vehicle on the roadway side of any vehicle stopped or parked at the edge or curb of a street. The fine for this violation shall be $25.

M. Using More Than One Space. No person shall stand or park a vehicle in any designated parking space so that any part of the vehicle occupies more than one such space or protrudes beyond the markings designating such space. The fine for this violation shall be $25.

N. Direction of Traffic. No person shall stand or park a vehicle upon a street in a direction opposite to that in which traffic normally moves upon that half of the roadway on which the vehicle is stopped or parked. The fine for this violation shall be $25.

O. No Parking Areas. No person shall stand or park a vehicle upon a street in an area that the City has designated as a “No Parking Area.” No parking areas may be designated by the City and properly posted by signage limiting parking to one side of the street or limiting hours during which parking may occur or otherwise prohibiting parking along a portion of the street. The fine for this violation shall be $25.

P. Snow Emergency Parking. No person shall park, abandon or leave unattended any vehicle on any public street, alley, or City-owned or leased off-street parking area during any snow emergency for a forty-eight (48) hour period after cessation of such storm. The fine for this violation shall be $25.

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Q. Parking for Persons with Disabilities. Parking spaces may be designated by the City for use only by persons with disabilities, provided appropriate signage is posted. Persons with disabilities must display documentation of official status as a person with a disability by displaying an official removable windshield placard, plate, or sticker. The fine for this violation shall be $100.

R. Parking Within the Safety Easement. No person shall stand or park a vehicle or any portion thereof, within the area ten and one half feet (10.5) from the curb face, or where there is no curb, from the edge of the street pavement. The fine for this violation shall be $25. The following exceptions shall apply:

1. Parking areas located entirely within the public right-of-way and not extending onto the adjacent property, and constructed of an improved surface such as concrete, asphalt, laid brick, or other impervious material, and in use before July 1, 2018 shall be considered a nonconforming permitted use. These parking areas shall not be repaired, reconstructed, or replaced. Upon deterioration into a condition of disrepair or nuisance, the City will remove the parking area from the public right-of-way. These parking areas shall not constitute a traffic safety hazard.

2. Qualified exceptions may be made in residential districts, which allow personal vehicles to be parked in the area ten and one half feet (10.5) from the curb face, or where there is no curb, from the edge of the street pavement, under the following conditions:

a. Upon the approval of the City Council, a residential right-of-way parking permit may be issued for a single personal vehicle, excluding recreational vehicles, to be parked within the Safety Easement.

b. Prior to issuance of a residential right-of-way parking permit, the Council shall find that handicap accessibility is not adequately provided or other irremediable site characteristics exist which make other parking alternatives unsuitable.

c. All vehicles stored in the Safety Easement under a residential right-of-way parking permit must be located on an improved surface such as concrete, asphalt, laid brick, or other impervious material.

d. No vehicle authorized to park in the Safety Easement under a residential right-of-way parking permit shall be parked or stored in a manner which limits or blocks pedestrian access to a sidewalk within the public right-of-way.

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e. The residential right-of-way permit will be issued at no cost.

S. Recreational Vehicles. Recreational vehicles and boats hauled on a trailer equipped to a conforming vehicle may be parked on a public street or way as necessary for loading or unloading for periods not exceeding 24 hours. The fine for this violation shall be $25.

T. Inoperable Vehicles. The parking or storage of inoperable vehicles is prohibited on any lot or any public street or way, except in enclosed buildings or where otherwise permitted by this Zoning Code. The fine for this violation shall be $25 per violation.

U. Non-Motorized Vehicles. The storage or parking of any non-motorized vehicle, other than those equipped to motorized vehicles necessary for normal operation, in any public way, right-of-way, or in any required front yard or side yard shall not be permitted, except in the case of conforming commercial uses. The fine for this violation shall be $25 per violation.

V. Oversized Vehicles. Oversized Vehicles, as defined by Chapter 9, shall not be stored on any lot, except in enclosed buildings or garages, or on any public street or way within a residential zoning district. The fine for this violation shall be $25 per violation.

W. Off-Road Vehicles. Off-Road Vehicles, as defined by Chapter 9, shall not be stored on any lot, except in enclosed buildings or garages, or on any public street or way within a residential zoning district. The fine for this violation shall be $25 per violation.

X. Post Office Boxes. The parking or storage of vehicles, in a manner which inhibits the delivery of mail and requires mail carriers to leave their vehicle to deliver mail shall be unlawful.

Y. Preventing or Inhibiting Ingress/Egress. The parking or storage of vehicles, in a manner which inhibits or prevents the proper ingress or egress to any real property shall be unlawful.

Z. Penalty for Late Payments. The fine set forth in 5.6(A) through 5.6(Y) may be increased by five dollars if the parking violation is not paid within thirty (30) days of the date upon which the violation occurred.

AA. Penalty for Habitual Violators. The fine set forth in 5.6(A) through 5.6(V) may be doubled if the person receiving the simple notice of violation has committed three or more violations in the previous year from the date of the most recent violation.

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5.8 Towing of Vehicles. Any vehicle creating a parking violation which is maintained for more than twenty-four (24) hours may be towed. Any parking violation which is an immediate danger or which impedes traffic may be towed immediately upon reasonable attempt to locate the owner. All costs for such towing will be paid by the vehicle owner.

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Chapter 6: Public Services, Public Ways, and Public Improvements

6.1 Purpose. The purpose of this chapter is to provide regulations governing the provision of public services, public ways, and the construction of public improvements within the City.

6.2 Reserved Cemetery and Interment.

6.3 Reserved for Public Library.

6.4 Public Safety Department. The purpose of this section is to establish a Public Safety Department. The Public Safety Department shall be responsible for police protection, fire protection, rescue and emergency medical services, animal control, building inspections, and code enforcement.

A. Fire and Emergency Medical Division. The Public Safety Department shall have a Fire Division to prevent and extinguish fires and to protect lives and property against fires, to promote fire prevention and fire safety, to provide out-of-hospital emergency medical services, to respond to and mitigate hazardous materials incidents, and to answer all emergency calls for which there is no other established agency within the corporate limits of the City and in service of intergovernmental agreements made under Chapter 28E of the Code of Iowa.

1. Organization. The Fire and Emergency Medical Division shall consist of the Fire Chief and such other officers and personnel as may be authorized by the Council.

2. Appointment. The Fire Chief shall be appointed by the Council.

B. Police Division. The Public Safety Division shall have a Police Division.

1. Organization. The Police Division shall consist of the Police Chief and such other law enforcement personnel or contract police protection service as authorized by the Council.

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2. Appointment of Police Chief and Officers. A Police Chief may be appointed under Iowa Code 372.4(2) and other law enforcement officers shall be appointed by the Mayor. The Council shall approve any contract for police protection with another agency.

C. RESERVED FOR BUILDING DIVISION.

D. Other Activities. The Public Safety Department shall provide animal control and code enforcement services.

6.5 RESERVED FOR PARKS AND RECREATION.

6.6 Design Standards and Specifications for Improvements. The purpose of this section is to adopt uniform design standards and specifications for improvements within the City.

A. Improvements are those that meet any of the following:

1. Are initiated, designed, and constructed by or under the supervision of the City as a public improvement, and maintained by the City.

2. Are initiated, designed, and constructed by a private owner/developer's private engineer and contractor. Upon acceptance of the improvements by the City the improvements are maintained by the City.

3. Those improvements that require review and approval by the Council or Commission of the City, but will remain under private ownership.

B. The Iowa Statewide Urban Standard Specifications for Public Improvements, published by the Center for Transportation Research and Education of Iowa State University, and as from time to time amended or supplemented, are hereby adopted by reference as if set out fully as the City’s standard specifications for public improvements.

C. The Iowa Statewide Urban Design Standards for Public Improvements, published by the Center for Transportation Research and Education of Iowa State University, and as from time to time amended or supplemented, are hereby adopted by reference as if set out fully as the City’s design standards for public improvements.

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6.7 Right-of-Way Regulations. The purpose of this section is to ensure that all public grounds, utility easements, streets, sidewalks, alleys, bridges, culverts, overpasses, underpasses, grade crossing separations and approaches, public ways, squares, and commons are open, in repair, and free from nuisance.

A. Building, Planting, or Using Property Located in the Public Right-of-Way or Easement. Any person who builds any structure or plants any foliage of any kind in the public right-of-way does so at said person’s own risk. Should the City or other utility find it necessary to disturb the ground or otherwise clear structures, bushes, trees or plants located in the safety easement or in any way use any utility easement to maintain, replace or relocate any utility structure or device, the City or utility shall not be responsible for replacing, repairing, replanting or restoring any structure or plant placed in the easement right-of-way by any property owner.

B. Damage to Mailboxes. Should the City or other utility, damage or destroy any mailbox erected by a property owner within the confines of the street, road, or alley right-of-way, through use of the right-of way including but not limited to snow removal or street cleaning, the City or responsible utility shall pay the actual costs of replacement or repair up to a maximum of $75.00.

C. Maintenance of Area Between Lot Line and Curb Line. It shall be the responsibility of the abutting property owner to maintain all property outside the lot and property lines and inside the curb lines or edge of public streets, except that the abutting property owner shall not be required to remove diseased trees or dead wood on the publicly owned property or right-of-way. Maintenance includes timely mowing, trimming trees and shrubs and picking up litter.

D. Permit Required. No person shall perform any of the following work in the public right-of-way, unless such person has obtained a permit from the City and has agreed in writing that said removal, reconstruction or installation will comply with all ordinances and requirements of the City for such work:

1. Connections to the public water system.

2. Installation or replacement of private water service pipes or water service shut-off valves.

3. Connections to the public sanitary sewer system.

4. Installation or replacement of private sanitary sewer service pipes.

5. Construction or reconstruction of driveways.

6. Construction or reconstruction of sidewalks.

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7. Installation of stormwater control devices, including driveway culverts.

8. Planting of trees or shrubs.

E. Structures in the Right-of-Way. No property owner shall construct any structure, such as a retaining wall, in the public right-of-way.

F. Driveway Culverts. The property owner shall, at the owner’s expense, install any culvert deemed necessary under any driveway or any other access to the owner’s property and before installing a culvert, permission must first be obtained from the City. In the event repairs are needed at any time with respect to culverts, it shall be the responsibility of the property owner to make such repairs.

G. Restoration of Public Property. Any street, sidewalk, or other public property that is affected by any work shall be restored to as good a condition as it was previous to the excavation. After refilling, the affected area shall be maintained in good repair.

H. Ground Cover. Living ground cover, such as grass, shall be provided within the area between the lot line and curb line of properties, exclusive of sidewalks and other improvements. Non-living materials (such as walk on bark, mulch, and ornamental rock) may be used for up to twenty-five percent (25%) of the right-of-way exclusive of access.

I. Responsibility for Maintenance of Driveways and Sidewalks. It is the responsibility of the property owners abutting any public right-of-way to repair, replace or reconstruct, or cause to be repaired, replaced, or reconstructed, all broken or defective driveways and sidewalks and to maintain it in a safe and hazard-free condition.

J. Removal of Snow and Ice Accumulations. It is the responsibility of the abutting property owners to remove snow, ice and accumulations promptly from sidewalks. If a property owner does not remove snow, ice or accumulations within twenty-four (24) hours after being deposited, the City may do so and assess the costs against the property owner for collection in the same manner as a property tax.

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K. Responsibility for Sidewalk Maintenance and Liability for Injuries. It is the responsibility of the abutting property owners to repair, replace or reconstruct, or cause to be repaired, replaced or reconstructed, all broken or defective sidewalks and to maintain in a safe and hazard-free condition any sidewalk outside the lot and property lines and inside the curb lines or traveled portion of the public street. An abutting property owner who fails to maintain or repair defective or broken sidewalks as set forth in this section shall be liable for damages caused by said failure to repair, replace or reconstruct broken or defective sidewalks. The City’s general duty to maintain public places pursuant to Section 364.12 of the Code of Iowa does not include a duty to remove natural accumulations of snow or ice from sidewalks or to repair, replace or reconstruct all broken or defective sidewalks. However, when the City is the abutting property owner, it has the specific duty of the abutting property owner as set forth in this section.

L. Sidewalk Repairs Required. If the abutting property owner does not maintain sidewalks as required, the Mayor or their designee may serve notice on such owner requiring the owner to repair, replace or reconstruct sidewalks within a reasonable time and if such action is not completed within the time stated in the notice, the City may require the work to be done and assess the costs against the abutting property for collection in the same manner as a property tax.

M. Failure to Perform. If the abutting property owner does not perform an action required under the above section within a reasonable time, the City may perform the required action and assess the cost against the abutting property for collection in the same manner as a property tax.

6.8 Solid Waste . The purpose of this section is to regulate and provide a means for the removal solid waste and refuse from the City.

A. Collection Service. The collection of solid waste from residences within the City shall be only by the designated collector approved the Council. Each household in the City shall be a subscriber for the collection of garbage and refuse and shall pay the fees for collection thereof as set forth herein with the monthly water bill.

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B. Collection Practices. Subject to the conditions and limitations set forth in the contract with the designated collector, the City or its contractor shall make collection of garbage and rubbish as follows:

1. The City shall enter into a contract with the designated collector which shall establish appropriate rules for collections and containers.

2. Residential collections of matter in containers shall be made on a regular schedule once each week.

3. Each residential customer shall place containers near the street edge in the public right-of-way in order to receive collection service. Containers shall be promptly removed from the public right-of-way following collection.

4. City staff shall remove containers left in the public right-of-way forty-eight (48) hours after collection and the fee described in Chapter 10 for such removal shall be charged to the account holder.

5. The City shall collect garbage and refuse charge for the service. This service charge is to be paid as an addition to the water bill. All residential units of the City will be charged for collection services, except for vacant units that have shut-off water service. Residential units that have a private water-service will be billed for collection services. All delinquent accounts are subject to a late payment penalty in the amount of 1.5% of the fee due and further subject to a stoppage of service with a ten-day notice. Any service charge not paid, when due, shall constitute a lien upon the premises served and shall be collected as follows.

C. Non-Residential Service. Non-residential property owners or occupants shall be required to arrange for removal of solid waste at such intervals so as there is no excess accumulation of solid waste.

6.9 Water Utility. Under the authority of Chapter 388 of the Code of Iowa, the City has established a municipal water utility.

A. Authority to Manage Utility. The Council has retained authority to manage the Water Utility and shall act as the Water Board.

B. Establishment of Rates. The Council shall establish water utility rates by ordinance.

C. Mandatory Connections. All residences and business establishments within the City limits intended or used for human habitation, occupancy or use shall be connected to the public water system, if it is reasonably available.

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D. Temporary Rules. The Mayor or the Council’s designee shall make such rules, not in conflict with the provisions of this chapter, as may be needed for the detailed operation of the water system, subject to the approval of the Council. In the event of an emergency the Utility Staff may make temporary rules for the protection of the system until due consideration by the Council may be had.

E. Responsibility Beyond the Curb Stop. All costs and expenses incident to the installation, connection and maintenance of the water service system from the curb stop to the building served shall be borne by the owner.

F. Lien for Failure to Pay. In conformance with State Law, the City shall have a lien upon each property served by the Water Utility for all delinquent rates and charges.

G. Failure to Maintain. When any portion of the water service pipe, which is the responsibility of the property owner, becomes defective or creates a nuisance and the owner fails to correct such nuisance the City may do so and assess the costs thereof to the property.

H. Service Outside of the City. The following rules shall govern the provision of water service to properties outside of the City limit:

1. Annexation May Be Required. From the effective date of this section, requests for utility extensions outside the city limits will be subject to Council discretion. All properties and subdivisions seeking to be served by the water service system may be required to annex into the City limits prior to the extension of services.

2. Rates for Existing Customers Outside City Limits. Utility service may be provided to any customer located outside the corporate limits, but such service may be provided at under a different rate classification than is provided to similarly situated properties located within the corporate limits.

I. Shutting-Off the Water Supply to a Property. The following rules shall govern how the water supply to a customer may be shut-off by the City:

1. Failure to Make Payment. In conformance with State Law, the Water Utility may shut-off the water supply to any customer for failure to make payment for any services, materials, or labor supplied in relation to the customer’s account for water service, or

2. Vacant Property. Any property which has been vacant for more than thirty (30) days shall be shut-off from the water supply, or

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3. Violations. The maintenance of any property standards violation relating to habitability, safety, zoning, or maintenance of a nuisance shall be sufficient cause for the property on which the violation is maintained to be disconnected from the water supply.

4. Duration of Shut-Off. Following shut-off the water supply shall not be turned on again until all factors justifying the disconnection have been corrected.

J. Adoption of State Plumbing Code. The installation, alteration, repair, and replacement of all water systems and connections to the water system shall conform to the State Plumbing Code (2009 Universal Plumbing Code).

6.10 Sanitary Sewer Utility. A municipally owned Sanitary Sewer Utility is hereby established by the Council. The purpose of this section is to establish rules and regulations governing the treatment and disposal of sanitary sewage within the City.

A. Authority to Manage Utility. The Council has retained authority to manage the Sanitary Sewer Utility.

B. Establishment of Rates. The Council shall establish Sanitary Sewer utility rates by ordinance.

C. Rates for Users with Private Water Systems. Users whose premises have private water systems shall not pay sewer rates.

D. Mandatory Connections. The owners of all residences and business establishments intended or used for human habitation, occupancy, or uses, must connect their sewage facilities to the public sewers, if reasonably available.

E. Lien for Failure to Pay. The City shall have a lien upon the property served by the Sanitary Sewer Utility for all delinquent rates and charges, and these delinquent rates and charges shall be collected in the same manner as other taxes.

F. Service Outside of the City. The following rules shall govern the provision of sewer service to properties outside of the City limit:

1. Annexation May Be Required. From the effective date of this section, requests for utility extensions outside the city limits will be subject to Council discretion. All properties and subdivisions seeking to be served by the water service system may be required to annex into the City limits prior to the extension of services.

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2. Rates for Existing Customers Outside City Limits. Utility service may be provided to any customer located outside the corporate limits, but such service may be provided at under a different rate classification than is provided to similarly situated properties located within the corporate limits.

G. Adoption of State Plumbing Code. The installation, alteration, repair and replacement of all plumbing systems and connections to the sanitary sewer shall conform to the State Plumbing Code (2009 Universal Plumbing Code).

6.11 Electric Utility. A municipally owned electric utility is hereby established, subject to the following:

A. Operating Policies. The electric utility shall be operated according to policies adopted by resolution of the Council, subject to any controlling regulation of the Iowa Utilities Board.

B. Rates. Rates shall be established by ordinance in Chapter 10 of this Code.

6.12 Reserved for Storm Sewer.

6.13 Severability Clause. If any subsection, provision, clause or paragraph of this Chapter, or rules adopted pursuant hereto, shall be adjudged or declared to be unconstitutional or invalid by any court of competent jurisdiction, such judgment shall not affect the validity of the remaining portions of this section or such rules; and every other portion thereof shall remain in full force and effect. If the delegation of authority to any administrative agency is adjudged or declared invalid, the Council shall operate in place any administrative agency without affecting the validity of the remaining portions of this section or such rules.

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Chapter 7: Animal Regulations

7.1 Purpose. This chapter establishes responsibilities for animal owners or custodians in order to effectively manage animals, control the danger to the public health, safety, and welfare presented by animals in the City, and provides a mechanism to address animal control issues, problems, and complaints.

7.2 Types and Numbers of Animals Permitted. The following animals may be owned as pets under the following conditions:

A. Dogs not to exceed three in number.

B. Cats not to exceed three in number.

C. Rabbits not to exceed three in number, and which must be maintained in a hutch or other type of enclosure. The hutch must be ten (10) feet from the property line and twenty-five (25) feet from the nearest neighboring dwelling.

D. Urban hens not to exceed three in number, and which must be maintained in a fenced pen with not less than four (4) square-feet per hen. The pen must be ten (10) feet from the property line and twenty-five (25) feet from the nearest neighboring dwelling. Roosters are not permitted.

E. Vietnamese Pot Bellied Pigs, Asian Pot Bellied Pigs or pot-bellied pigs not to exceed two in number of the types considered together at or in a residential dwelling.

F. Any combination of the above, not to exceed four.

G. The young produced by any pets permitted herein may be maintained at or in a residential dwelling with the parent animals for a period of approximately eight weeks but in no case longer than ten weeks.

H. Common rodents, such as gerbils, mice, and hamsters, and common fish, hamsters, and similar animals, except those enumerated above may be kept without the license required

7.3 Animal At-Large Prohibited. It shall be unlawful for the owner or custodian of any animal to fail to keep the same from running “at large” in the City. The following shall apply:

A. Any animal found to be “at large” within the City shall be deemed a public nuisance.

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B. Animals found “at large” may be apprehended and impounded, costs of which shall be paid by the animal’s owner or custodian.

C. An animal shall not be deemed “at large” if the animal is on the premises or property of the animal owner or custodian or the property of another, so long as the property owner has given his or her permission and the animal cannot enter onto the public streets, sidewalks, alleys, other public areas, or property not owned by the animal’s owner or custodian.

D. Animals injured or killed on or along public streets or public right-of-ways shall be deemed “at large” and the Enforcement Officer may remove all such animals and at his or her discretion take such animal needing medical attention to a veterinarian or animal shelter. The owner or custodian of such animal shall be responsible and liable for the expenses of medical treatment and care as well as impoundment fees and any other penalties imposed by this chapter.

E. It is lawful for any person who finds an animal “at large” to seize and hold the animal. Any person so seizing and holding an animal may confine it within a fenced yard, house, garage or other structure owned by them, or by physically restraining such animal on a harness, collar or leash. The person seizing and holding the animal shall be responsible for the humane treatment of the animal while it is under that person’s custody, and shall notify the Enforcement Officer within forty-eight (48) hours that the animal is in their custody. The provisions of this Chapter shall not infringe upon any right or duty created by Section 351.25 or Section 351.27 of the Iowa Code.

1. Any dog that has been impounded by the City shall have an identifying microchip inserted under its skin at its owner/custodian’s expense prior to being released to the owner/custodian. The fee for this procedure shall be equal to the reasonable costs incurred by the City for the procedure.

a. Notwithstanding the above, “at large” means off the premises of the owner or custodian, whether by accident, design, or otherwise, unless:

i. The animal is on a leash, cord, chain, or similar restraint not more than fifteen (15) feet in length and is under the control of a person competent to restrain and control the animal, or;

ii. The animal is within a motor vehicle of its owner or custodian such that it cannot escape or have contact with a person outside the vehicle and such that said confinement does not endanger the animal's health or well-being, or;

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iii. The animal is housed within a veterinary hospital, licensed kennel, pet shop, or animal shelter.

7.4 Owners and Custodians of Animals. Owners and custodians of animals shall have the following duties and standards:

A. Humane Treatment. An owner or custodian shall provide adequate food, water, shelter, humane treatment and any necessary medical treatment for any animal in its care. It shall be unlawful under this chapter for any person to beat, starve or otherwise abuse any animal.

B. Sanitary Conditions. An owner or custodian shall keep all structures, pens, or yards wherein dogs or cats are confined, clean, devoid of vermin and free of odors arising from urine or feces.

C. Removal of Feces. No owner or custodian of a dog or other animal shall permit their animal to discharge feces upon any public or private property, other than the property of the owner or custodian of the animal. The owner or custodian shall not however, be considered in violation of this subsection provided he or she takes steps to immediately remove and clean up the feces discharged by the animal from the property. All feces removed as aforesaid shall be placed in an airtight container, and shall be stored in a sanitary manner in an appropriate refuse container until it is removed pursuant to refuse collection procedures, or otherwise disposed of in a sanitary manner.

D. Tethering. An owner or custodian may not stake or otherwise tie or fasten an animal in a way that permits the animal to pass onto, over, or across any public sidewalk, street, or alley or private property of anyone other than the owner's or custodian’s property. No animals shall be hitched, tied, or fastened by any rope, chain or cord that is directly attached to the animal’s neck. Animals that must be tied, hitched or fastened to restrain them must wear a properly fitted collar or harness, not of the choker type, provided that the proper use of “choker collars” in the training of animals shall not be prohibited. The tying device shall be attached to the animal’s collar or harness and shall be at least ten (10) feet in length.

E. Abandonment. No owner or custodian may abandon any animal where it may become a public charge, nuisance, or may suffer injury, hunger or exposure. If an animal is restrained or confined out of doors without food, water or proper care as defined in this chapter, the Enforcement Officer or other authorized agent may enter upon any such property where the animal is restrained or confined and supply it with the necessary food, water and care so long as it remains there abandoned.

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F. Rabies Vaccination. Every owner of a dog or cat shall obtain a rabies vaccination for such animal and maintain a current vaccination tag on the animal’s collar at all times. The rabies vaccination shall be administered in accordance with Chapter 351 of the Code of Iowa. A current certificate of vaccination for rabies signed by a licensed veterinarian administering the vaccine shall be required for all animals for which the vaccination is required. It is unlawful for any person to own or have a dog or cat in said person’s possession, six months of age or over, which has not been vaccinated against rabies.

G. Minimum Age. No dog may be licensed under this Chapter unless at least one of the registered owners or custodians of said dog is at least eighteen (18) years of age. All registered owners or custodians (or owners or custodians of an unlicensed dog) eighteen (18) years of age or older shall be personally, jointly and severally liable for compliance with the provisions of this Chapter.

H. Transfer of Ownership. A new owner or custodian shall within ten (10) days from the date of a change in ownership of dog make an application and pay the fee for a new license as provided in this chapter.

I. Reporting a Bite or Attack. The owner or custodian of any animal that has bitten or attacked a person or any person having any knowledge of such bite or attack must report the incident to the Enforcement Officer.

J. Deceased Animals. The owner or custodian of any deceased animal, including livestock, must dispose of the carcass within twenty-four (24) hours. The owner or custodian may dispose of the carcass by delivery to a licensed facility for the cooking or burning of the carcass or, in the case of small domestic animals, may dispose of the carcass by burial. In case of disposal by burying, the burial shall be to such depth that no part of such body shall be nearer than four feet to the natural surface of the ground, and every part of such body shall be covered with quicklime, and by at least four feet of earth. Any person or persons violating this section shall bear full cost and expenses incurred by the City for the disposal of said animals if necessary and shall be subject to a municipal infraction as described in Chapter 4.

K. Annual License Required. The owner of all dogs and cats six (6) months of age or older, shall annually obtain a license therefore as hereinafter provided. Every owner of a dog or cat under the age of six (6) months on January 1 of any year shall apply for an annual license for each such dog or cat on or before the first day of the first month after each such dog or cat reaches the age of six (6) months. The requirements for licensing dogs and cats shall not apply to such animals if one or more of the following situations apply:

1. In transit through the City only.

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2. First thirty (30) days of residency by the owner.

3. Housed in a veterinary hospital.

4. Housed temporarily in an animal grooming shop.

5. Housed in an establishment licensed kennel.

6. Housed in an accredited institution for research purposes only.

L. Habitual Irresponsible Animal Owner or Custodian. Any animal owner or custodian that has been deemed responsible for three violations of this chapter within a twelve (12) month period may be designated an “irresponsible animal owner.” Upon such designation, the City may confiscate and dispose of all animals owned or under the custodial care of the “irresponsible animal owner.” Unless exigent circumstances exist, the City must provide notice and opportunity for a hearing, under the procedures of 1.13 of this Code, prior to the confiscation and disposal by the City of any animals from the “irresponsible animal owner.” No animal licenses shall be issued to anyone at the irresponsible animal owner’s residence for a period of thirty-six (36) months from the date of the third court order. No person designated as an irresponsible animal owner shall sell or otherwise transfer ownership of any animal to another person residing at the same address. Any designation as an irresponsible animal owner shall expire after thirty-six (36) months provided the person so designated shall avoid any further violations of this Chapter during that time. Any further violations of this Chapter may result in immediate confiscation and disposal of any animals, at the discretion of the Enforcement Officer, or as otherwise provided by law.

7.5 Procedure When Person Bitten By Animal. This Chapter incorporates all regulations and duties imposed by Iowa Code Chapter 351.

A. Whenever an animal bites any person, or another animal causing injury, it shall be the duty of the Enforcement Officer to have such animal immediately removed from the owner’s premises and either taken to the animal shelter or a veterinary hospital for quarantine, or destroyed for examination if the animal appears to be diseased. If not destroyed, such animal must be placed under quarantine for a period of ten (10) days. It is the duty of the owner or custodian of the animal that has bitten any person to deliver or surrender the possession of such animal to the City for quarantine when so ordered by the Enforcement Officer, or his or her designee. Any confinement of an animal under quarantine shall be at the expense of the owner of such animal.

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B. If any animal that has bitten any person, or another animal causing injury, is suspected of having rabies, the Enforcement Officer may destroy the animal and have the carcass examined in lieu of quarantine. A wild or stray animal that has bitten any person may be destroyed immediately.

C. It shall be the duty of the Enforcement Officer to cause at least one examination at the end of the quarantine period and such other examinations as may be deemed necessary to ensure that the animal is alive and well and not apparently infected with rabies. If deemed necessary, animal control may order such examinations done by a licensed veterinarian, and the owner of the animal shall pay all costs of such examinations.

D. The owner of any animal quarantined may redeem such animal after any quarantine period upon the payment in full of all costs of confinement, including reasonable costs of food and care of such animal, and medical examination before the animal is released. If the animal is not claimed after the ten (10) day quarantine period, whether the owner is known or unknown, the animal may be disposed of pursuant to this chapter.

7.6 Keeping of Dangerous Animals. No person shall keep or permit to be kept any dangerous animal as a pet or for display or for exhibition purposes, whether gratuitously or for a fee. The Enforcement Officer may immediately seize such dangerous/vicious animal which shall be held for ten (10) days. If, by the end of the impoundment period the person keeping, harboring, or sheltering said vicious animal, has not petitioned the court seeking return of the animal, the Enforcement Officer shall have cause for the euthanasia of the animal. The owner must permanently remove the dangerous animal from the City as a condition of return of the animal. The following exceptions shall apply:

A. Dangerous animals kept at state licensed veterinary hospitals, humane societies, licensed rehabilitator or animal control pounds for treatment or impoundment purposes.

B. Dangerous animals kept by federal, state, City and municipal authorities and their designees or veterinarians pursuant to the enforcement of this or any animal control ordinance.

C. Dangerous animals kept by governmental agencies, educational institutions, medical institutions or research laboratories for instructional or research purposes.

D. Dangerous animals kept in publicly owned zoos.

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E. Dangerous animals kept for fur pelting businesses, subject to compliance with the Zoning Ordinance.

F. Dangerous animals kept by individuals meeting USDA permit requirements.

G. Dangerous animals commercially exhibited for three (3) days or less in a one-year period.

H. Animals being commercially transported through the City.

I. Dogs used in security or police work shall not be classified as dangerous/vicious if a bite or bites occur while the dog is actually performing in such a capacity.

7.7 Animals Suspected of Rabies Infection. It shall be the duty of the Enforcement Officer to order the owner of any animal which has bitten a person or another animal, or any animal suspected of being infected with rabies to confine such animal for a period of fourteen (14) days at the animal shelter, a veterinary clinic, or a registered kennel at the expense of the owner.

7.8 Seizure and Impound. Any animal found in violation of the provisions of this Chapter may be seized and impounded. The following shall apply:

A. Notice of the seizure and impound shall be given, if known, to the owner or custodian of the impounded animal. In the case of a dangerous dog, a vicious dog, an animal attack, or an animal at-large, the Enforcement Officer may seize the animal and provide notice to the owner or custodian, if known, as soon as reasonably possible. In other cases, the Enforcement Officer must provide the owner or custodian reasonable advance notice that the animal will be seized and impounded if the violations are not corrected.

B. A person claiming an impounded animal shall pay impoundment fees and boarding fees as established by the animal shelter.

C. A person claiming an impounded animal shall provide proof of current rabies vaccination and City license if applicable.

D. A person claiming an impounded animal shall also pay veterinary charges, if any, and such other costs actually incurred by the animal shelter in the care of the claimed animal.

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E. No animal need be kept for the period of notification or impoundment if a licensed veterinarian or an Enforcement Officer certifies that the animal is so diseased or injured that it is unduly suffering or cannot survive. In such cases the animal may be humanely euthanized. The owner or custodian shall pay any fees associated with the euthanasia.

F. Animals not reclaimed within the time limitations provided by the chapter shall become the property of the City or animal shelter and shall be placed for adoption in a suitable home or humanely euthanized. No unclaimed animal shall be released for adoption to a suitable home without being sterilized, or without a written agreement from the adopter, guaranteeing that such animal will be sterilized.

G. The refusal to reclaim any impounded animal shall not relieve the owner or custodian of the duty to pay the impoundment fees, boarding fees, veterinarian expenses, euthanizing fees or any other costs incurred in the care of the animal.

H. If the owner does not redeem the dog within seven days of the date of notice, or if the owner cannot be located within seven days, the dog may be humanely destroyed or otherwise disposed of in accordance with law, at the discretion of the Mayor, or his or her designee.

7.9 Pet Retailers. It shall be unlawful for any person who owns, conducts, manages or operates any commercial animal establishment for which a license is required by the State of Iowa, to fail to comply with each of the following conditions:

A. Every dog and cat offered for sale shall have been vaccinated against distemper. A certificate providing the name of the veterinarian and the date and treatment must be provided to the purchaser at the time of sale;

B. No animal shall be transported by a pet shop or dealer, whether by private or public means, unless housed in a container appropriate for the size for the animal, and designed for that purpose including provisions for adequate ventilation, food and water;

C. Each animal shall at suitable intervals and at least once every twenty-four (24) hours, receive a quantity of wholesome foodstuff suitable for the specie’s physical condition and age, sufficient to maintain an adequate level of nutrition for the animal.

D. Each animal shall have available at all times an adequate supply of clean, fresh, potable water;

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E. Reasonable precautions shall be used to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in a manner made to suffer by any person or means;

F. Sick animals shall be sufficiently isolated so as not to endanger the health of other animals;

G. Every building or enclosure wherein animals are maintained, shall be constructed of material easily cleaned, shall be kept in a sanitary condition and shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical needs of the animal, with sufficient light to allow observation of animals and sanitation;

H. Any animal shall be taken to a veterinarian for treatment if the Enforcement Officer orders the owner or custodian to do so as necessary to maintain the health of the animal;

I. All animal rooms, cages, shipping containers, and runs shall be of sufficient size to provide adequate and proper accommodations and protection from the weather for the animals kept therein. At a minimum, sufficient space must be provided for every animal within an enclosure to separately and together, stand up, lie down, and turn around in a natural position;

J. No animals bearing evidence of malnutrition, ill health, infectious disease, unhealed injury or having been kept in an unsanitary condition shall be displayed or sold to the public.

K. Records pertaining to the sale, purchase, transfer and medical treatment, including vaccinations, for all animals shall be open and available for inspection by a City Enforcement Officer during reasonable hours. All such records shall be maintained on the premises for a minimum period of twelve (12) months after the date of sale or transfer of any animal. Records shall include the source of the animal sold/transferred, the date of sale/transfer, identification and sex of the animal sold/transferred, and the name and address of the purchaser.

L. No pet shop shall sell a dangerous animal or dangerous animal, per se, as defined in this chapter.

7.10 Vicious Dog Declaration. The following process shall be used in declaring a vicious dog:

A. Any Enforcement Officer, in his or her discretion or upon receipt of a complaint alleging that a particular dog is a vicious dog as defined herein, may declare such dog a vicious dog.

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B. Upon seizure of the animal and notice thereof, the owner(s) or person in possession of the dog must notify the Mayor within three (3) business days of their desire for a hearing on the matter.

C. If the owner contests said vicious dog designation, a hearing on the matter shall be conducted by the Mayor or his or her designee according to the process set forth in chapter 1.11

D. The person owning, keeping, sheltering, or harboring the dog in question shall be given not less than three (3) business days’ written notice of the time and place of said hearing. Said notice shall set forth the description of the dog in question and the basis for the allegation of viciousness. The notice shall also set forth that if the animal is determined to be vicious, the owner is required to remove the dog from the City, as required by this chapter or have the animal humanely destroyed. The notice shall be served upon any adult residing at the premises where the animal is located, or may be posted on those premises if no adult is present to accept service.

E. If the Mayor or his or her designee, affirms the vicious dog declaration, the Mayor shall order in writing that the individual or entity owning, sheltering, harboring, or keeping such vicious dog remove the animal from the City or have the animal humanely destroyed.

F. Any dog which is alleged to be vicious and which is under impoundment or quarantine at the animal shelter shall not be released to the owner, but shall continue to be held at the expense of the owner pending the outcome of the hearing. All costs of such impoundment or quarantine shall be paid by the owner if the dog is determined to be vicious. If the dog is not determined to be vicious, all costs shall be paid by the City except costs attributable to initial confinement prior to notice or costs of any required quarantine, which shall nonetheless be paid by the owner.

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Chapter 8: Property Standards

8.1 Property Standards. The purpose of this chapter is to regulate all property within the City for protection of public health, safety, and welfare and to prevent interference with the comfortable enjoyment of life or property. Terms included herein may be defined in chapter 9 of this Code.

8.2 Nuisance Prohibited. The creation, causation, or maintenance of a nuisance, as defined in chapter 9 of the Code, is strictly prohibited due to the blight, annoyance, offense, danger, and other interferences created for members of the public by such nuisance.

A. Abatement by the City. Whenever the Mayor or other authorized person finds that a nuisance exists, the officer shall, unless seeking alternative relief, cause to be served upon the property owner a proper notice to abate the nuisance within a reasonable time after notice. If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the City may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the Clerk who shall pay such expenses on behalf of the City. The Clerk shall certify costs of the abatement incurred by the City to the county auditor and it shall then be collected with, and in the same manner, as general property taxes. The following shall apply:

1. Notice to Abate. The notice to abate shall contain:

a. Description of Nuisance. A description of what constitutes the nuisance or other condition; and

b. Location of Nuisance. The location of the nuisance or condition; and

c. Acts Necessary to Abate. A statement of the act or acts necessary to abate the nuisance or condition; and

d. Reasonable Time. A reasonable time within which to complete the abatement; and

e. Right to Hearing. A statement that the notified party has a right to a hearing before the Mayor or Council’s designee, or his or her designee, by filing a written request therefore with such officer within a reasonable time; and

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f. Assessment of City Costs. A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the City will abate it and assess the costs against such person.

2. Method of Service. The notice may be served upon a property owner by any of the following methods:

a. Personal Service. Personal service of the notice to the property owner by an employee or other contracted agent of the City; or

b. Certified mail to the property owner. By certified mail to the property owner of record and any persons in possession of the property. If a certified mailing has not been signed for by the property owner within ten (10) days of mailing, reasonable notice will be considered to have been given; or

c. Sign on Property. Posting a sign containing the notice in a conspicuous place on or near the property upon which action is pending. Such posted notice shall be of sufficient size and so placed upon the property that is easily visible from the street. It shall be unlawful for any person to remove, mutilate, destroy or change such posted notice; or

d. Publishing. Publication in a newspaper of general circulation in the City.

3. Right to Hearing. Any person ordered to abate a nuisance may have a hearing with the Mayor or Council’s designee, or his or her designee, as to whether a nuisance exists. The following shall apply:

a. Request in Writing. A request for a hearing must be made in writing and delivered to the Clerk, within the reasonable time stated in the notice, or it will be conclusively presumed that a nuisance exists and it must be abated as ordered.

b. Hearing Officer. The Mayor or Council’s designee, or his or her designee, shall serve as the hearing officer and the Clerk shall serve as secretary for the hearing.

c. Procedures. The hearing will be conducted according to the provisions of chapter 1.11 of this Code.

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d. Exhaustion of City Appeals. The findings of the hearing officer shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time under the circumstances.

e. Appeal to District Court. Any person requesting a hearing will have the right to appeal for further review and decision to the appropriate Iowa District Court within fourteen (14) days of the final orders of the hearing officer.

4. Emergency Abatement. If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance or condition, the City may perform any action which may be required under this chapter without prior notice.

B. Habitual Violators. If a person is found responsible for the creation of two or more nuisances of the same class within a twelve (12) month period, the Mayor or Council’s designee or other authorized person may declare the person to be a habitual violator, thereby allowing the City to abate further violations without notice and assess the abatement costs thereof to the owner of the private property involved. Once a person has been declared a habitual violator, this designation shall be in effect for three (3) years. Prior to determining any person as a habitual violator, the City shall provide the person reasonable notice and opportunity for a hearing under chapter 1.11. Notice shall be provided by any method allowed under chapter 8.2(A)(2).

8.3 Property Maintenance and Life Safety Codes. The section creates minimum property maintenance and life safety standards and accompanying enforcement measures.

A. Property Maintenance and Life Safety Codes. Each property within the City shall comply to the standards of The International Property Maintenance Code, 2009 Edition, as published by the International Code Council and the National Fire Protection Association (NFPA) 101 Life Safety Code, 2012 Edition as fully and completely as adopted below by reference:

1. “Chapter 2: Definitions” of International Property Maintenance Code, 2009 Edition, as published by the International Code Council is hereby fully adopted by this reference and shall be used in the application of this ordinance and in regulation of property maintenance standards.

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2. “Chapter 3: General Requirements” of International Property Maintenance Code, 2009 Edition, as published by the International Code Council is hereby adopted by this reference and shall be used in the application of this ordinance and in regulation of property maintenance standards.

3. “Chapter 4: Light, Ventilation, and Occupancy Limitations” of International Property Maintenance Code, 2009 Edition, as published by the International Code Council is hereby adopted by this reference and shall be used in the application of this ordinance and in regulation of property maintenance standards.

4. “Chapter 5: Plumbing Facilities and Fixture Requirements” of International Property Maintenance Code, 2009 Edition, as published by the International Code Council is hereby adopted by this reference and shall be used in the application of this ordinance and in regulation of property maintenance standards.

5. “Chapter 6: Mechanical and Electrical Requirements” of International Property Maintenance Code, 2009 Edition, as published by the International Code Council is hereby adopted by this reference and shall be used in the application of this ordinance and in regulation of property maintenance standards.

6. “Chapter 7: Fire Safety Requirements” of International Property Maintenance Code, 2009 Edition, as published by the International Code Council is hereby adopted by this reference and shall be used in the application of this ordinance and in regulation of property maintenance standards.

7. “Chapter 8: References Standards” of International Property Maintenance Code, 2009 Edition, as published by the International Code Council is hereby adopted by this reference and shall be used in the application of this ordinance and in regulation of property maintenance standards.

8. “Chapter 24: One and Two Family Dwellings” of the National Fire Protection Association (NFPA) 101 Life Safety Code, 2012 Edition is hereby adopted by this reference and shall be used in the application of this ordinance and in regulation of life safety standards.

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9. “Chapter 30: New Apartment Buildings” of the National Fire Protection Association (NFPA) 101 Life Safety Code, 2012 Edition is hereby adopted by this reference and shall be used in the application of this ordinance and in regulation of life safety standards.

10. “Chapter 31: Existing Apartment Buildings” of the National Fire Protection Association (NFPA) 101 Life Safety Code, 2012 Edition is hereby adopted by this reference and shall be used in the application of this ordinance and in regulation of life safety standards.

B. Administrative Enforcement. The Mayor or Council’s designee or other authorized person shall examine or cause to be examined every property or portion thereof likely to be in conflict with or in violation of this section. The enforcement officer shall provide the owner of such building or structure written notice stating the defects thereof. This notice may require the owner or person in charge of the building or premises, within such reasonable time as the circumstances require, to commence either the required repairs or improvements or demolition and removal of the building or structure or portions thereof, and all such work shall be completed within ninety (90) days from date of notice, unless otherwise stipulated by the enforcement officer. If necessary, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected and approved by the enforcement officer. Such notice shall also advise the owner that he or she may request a hearing, under chapter 1.11 before the Mayor or Council’s designee on the notice by filing a written request for hearing within the time provided in the notice.

C. Method of Service. The notice may be served upon a property owner by any of the following methods:

1. Personal Service. Personal service of the notice to the property owner by an employee or other contracted agent of the City; or

2. Certified mail to the property owner. By certified mail to the property owner of record and any persons in possession of the property. If a certified mailing has not been signed for by the property owner within ten (10) days of mailing, reasonable notice will be considered to have been given; or

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3. Sign on Property. Posting a sign containing the notice in a conspicuous place on or near the property upon which action is pending. Such posted notice shall be of sufficient size and so placed upon the property that is easily visible from the street. It shall be unlawful for any person to remove, mutilate, destroy or change such posted notice; or

4. Publishing. Publication in a newspaper of general circulation in the City.

D. Request for Hearing. Any notified party may request a hearing with the Mayor or Council’s designee to contest an order under this section. The following shall apply.

1. A request for a hearing must be made in writing and delivered to the Clerk, within the reasonable time stated in the notice, or it will be conclusively presumed that the order is valid; and

2. The Mayor or Council’s designee, or his or her designee, shall serve as the hearing officer and the Clerk shall serve as secretary for the hearing; and

3. The hearing will be conducted according to the provisions of chapter 1.11 of this Code; and

4. The findings of the hearing officer shall be conclusive.

5. Any person requesting a hearing will have the right to appeal for further review and decision to the appropriate Iowa District Court within fourteen (14) days of the final orders of the hearing officer.

E. Order to Demolish. The Mayor or Council’s designee or other authorized official shall order the demolition of buildings and structures meeting any of the following conditions:

1. If by reason of destruction, dilapidation, or neglect, a building or structure requires repairs or rehabilitation costing more than forty (40) percent of the replacement value of the building or structure in order to be brought into conformance with the standards adopted in this section; or

2. If the structure is so dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure.

F. Compliance Agreements. The Mayor or Council’s designee or other authorized person may enter into a compliance agreement with any person owning property not in compliance with the standards of chapter 8.3(A). The compliance agreement

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is a written, executed agreement with the property owner which sets terms for the property owner to complete improvements necessary for the property to be in substantial compliance with the standards of chapter 8.3(A). The voluntary compliance agreement shall provide reasonable terms for compliance and a description of necessary corrective action.

G. Costs Assessed to Property. Costs incurred to enforce any order of this section shall be paid out of the City treasury. Such costs shall be charged to the owner of the premises involved and levied as a special assessment against the land on which the building or structure is located, and shall be certified to the County Treasurer for collection in the manner provided for other taxes.

8.4 Rental Housing Certification Program. The purpose of this section is to regulate rental housing facilities and conditions in order protect and promote the health, safety, and welfare of those persons utilizing such housing.

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A. Rental Certificate Required. Every person offering a dwelling unit for rent within the City shall have a Rental Certificate from the City indicating that the unit has been properly registered and is in compliance with the property maintenance standards adopted in 8.3(A) of this chapter. No person shall rent, lease, operate, or otherwise allow the occupancy of any dwelling unit unless such person holds a valid rental certificate as is required by this section. Once rental registration and inspection requirements are satisfied, the Clerk shall issue a rental certificate for the dwelling unit.

B. Remedy for Violations. If a person is in violation of this regulation, the Mayor or Council’s designee or other authorized persons shall seek injunctive relief, any remedy by civil action, or any other relief authorized by another chapter of this Code.

C. Initial Rental Registration. Every dwelling unit being offered for rent at the date of the adoption of this section and every dwelling unit offered for rent after the adoption of this section must submit to the Clerk, on forms provided, an application requesting a rental certificate.

D. Initial Inspection. Every dwelling unit being offered for rent at the date of the adoption of this section and every dwelling unit offered for rent after the adoption of this section must have an initial inspection by the City to determine compliance with the standards adopted in chapter 8.3(A). The fee for the initial inspection shall be the regular inspection fee established in chapter 10 of the Code. If the dwelling unit is determined to be in compliance with the standards adopted in 8.3(A), no further inspection shall be required to receive the initial Rental Certificate for the dwelling unit. If the premises fail to comply, the inspector shall notify the applicant in writing, stating the reasons for such noncompliance. The inspector shall require the applicant to remedy defects prior to re-inspection. The Mayor or Council’s designee may enter into a reasonable compliance agreement as in Chapter 8.4(G) of this chapter with the property owner and a Rental Certificate may still be issued. Each additional inspection required shall be subject to the regular inspection fee established in chapter 10.

E. Ongoing Registration and Inspection Requirements. Following the initial Inspection Registration and Inspection, each dwelling unit shall be subject to the following ongoing registration and inspection requirements as determined by the status of the dwelling unit.

1. Accredited Dwelling Unit: Accredited Dwelling Unit status is dependent on the maintenance of the following requirements:

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a. Registration. An Accredited Dwelling Unit is a dwelling unit that has been timely registered in two consecutive years as required by 8.4(E)(3) of this chapter. In the initial year of the program, a dwelling unit which has been properly registered shall meet this requirement.

b. Inspections. An Accredited Dwelling Unit is a dwelling unit offered for rent that was in full compliance with the standards adopted in 8.3(A) upon the Initial Inspection or has maintained compliance with the standards of 8.3(A) following required corrective action or has remained in full compliance with any Compliance Agreement under 8.4(G).

c. Nuisance, Parking Violations, or Municipal Infractions. An Accredited Dwelling Unit is a dwelling unit with an owner or tenant that has not been found to be creating or maintaining any nuisance within chapter 8.2 of this Code upon the dwelling unit property within twelve months from filing of the most recent Rental Registration form or a dwelling unit occupied by a tenant who has committed, upon the dwelling unit property, a parking violation as prohibited by Chapter 5 of this Code or a municipal infraction as prohibited by Chapter 4 of this Code within twelve months from filing of the most recent Rental Registration form.

2. Non-Accredited Dwelling Unit. Any dwelling unit being offered for rent in the City that is not an Accredited Dwelling Unit.

3. Ongoing Registration Requirements. Every person offering a dwelling unit must register the dwelling unit with the City every year by filing a Rental Registration Form. The registration shall be for a calendar year and each Rental Registration Form must be received before January 31 of the current year, but not earlier than November 15 of the previous year to be considered timely. The person offering the dwelling unit must pay the Rental Registration Fee as established in chapter 10 of this Code each year at the time the form is submitted.

4. Ongoing Inspection Requirements. All units must be inspected annually, but requirements differ based upon the status of the unit.

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a. Accredited Dwelling Units. An accredited dwelling unit must be inspected by the City once every thirty-six (36) months. The timing of the City inspection is intended to be approximately thirty-six months following the most recent City inspection of the property, meaning another inspection method would be required for the two years not certified by an inspection by the City. In the two intervening years, the property owner of the dwelling unit shall perform a self-assessed inspection using an “Inspection Checklist” form provided by the City. The “Inspection Checklist” form for required self-assessed inspections must be submitted along with the annually required registration form. The property owner of an Accredited Dwelling Unit shall only pay the inspection fee established in chapter 10 in years in which the City performs the inspection. If the premises fail to comply, the inspector shall notify the applicant in writing, stating the reasons for such noncompliance and that the unit has lost Accredited Dwelling Status.

b. Non-Accredited Dwelling Units. A Non-Accredited Dwelling unit must be inspected on an annual basis by the City. The property owner of a Non-Accredited Dwelling Unit shall pay the inspection fee established in chapter 10 every year at the time the City performs the annual inspection. If the premises fail to comply, the inspector shall notify the applicant in writing, stating the reasons for such noncompliance. Each additional inspection required shall be subject to the regular inspection fee established in chapter 10.

F. Request for Hearing. Any person offering a dwelling unit for rent may request a hearing with the Mayor or Council’s designee to contest an order under this section. The following shall apply:

1. A request for a hearing must be made in writing and delivered to the Clerk, within the reasonable time stated in the notice, or it will be conclusively presumed that the order is valid.

2. The Mayor or Council’s designee, or his or her designee, shall serve as the hearing officer and the Clerk shall serve as secretary for the hearing.

3. The hearing will be conducted according to the provisions of chapter 1.11 of this Code.

4. The findings of the hearing officer shall be conclusive.

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5. Any person requesting a hearing will have the right to appeal for further review and decision to the appropriate Iowa District Court within fourteen (14) days of the final orders of the hearing officer.

G. Compliance Agreements. The Mayor or Council’s designee or other authorized person may enter into a compliance agreement with any person offering the dwelling unit for rent that is not in compliance with the standards of 8.3(A). The compliance agreement is a written, executed agreement with the person responsible for the dwelling unit under which such person agrees to bring the property into substantial compliance with the standards of 8.3(A). The voluntary compliance agreement shall provide reasonable terms for compliance and a description of necessary corrective action. An extension of the time limit for compliance shall be granted by the Mayor or Council’s designee if the person offering the dwelling unit for rent has shown due diligence or substantial progress in correcting the violation, but circumstances render full and timely compliance under the original conditions unattainable.

8.5 Building Codes The Iowa State Building Code promulgated by the Iowa State Building Code Advisory Council and the Iowa State Building Code Commissioner pursuant to Code of Iowa Chapter 103A is hereby adopted as and shall constitute the “Building Code of the City of Neola, Iowa,” to regulate the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City, and the same is, by this reference, incorporated herein as fully and completely as if set forth in full. Any locally adopted code will not be applied if a higher or more stringent standard has been adopted as part of the Iowa State Building Code the City shall apply the higher or more stringent standard. The City shall serve as the local authority for plan review and inspections which would otherwise be performed by the State of Iowa Building Inspector or Fire Marshall. Locally adopted codes shall be the following:

A. Existing Building Code. Each property within the City shall comply to the standards of The International Existing Building Code, 2009 Edition, as published by the International Code Council fully and completely, subject to the following:

1. Strike and eliminate “Chapter 1: Scope and Administration.”

2. Fees shall be established by chapter 10 of the Code.

B. International Building Code. The International Building Code, 2009 Edition, and Appendix Chapters, as published by the International Code Council, subject to the following:

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1. Sec. 101.01 Title. Insert Neola.

2. Sec. 101.4.1 Electrical. After ICC Electrical Code, insert "and the National Electrical Code, 2005 Edition, as Published by the National Fire Protection Association.”

3. Sec. 101.4.2 Gas. After ICC Fuel Gas Code, insert "2006 Edition.”

4. Sec. 101.4.3 Mechanical. After ICC Mechanical Code insert "2006 Edition."

5. Sec. 101.4.4 Plumbing. After ICC Plumbing Code insert "2006 Edition."

6. Sec. 101.4.5 Property Maintenance. After ICC Property Maintenance Code, insert "2006 Edition."

7. Sec. 101.4.6 Fire Prevention. After ICC Fire Code, insert "2006 Edition."

8. Sec. 101.4.7 Energy. After ICC Energy Conservation Code, insert "2006 Edition."

9. Sec. 104.11 Alternative methods. After paragraph, insert "the Iowa Administrative Code 661, Chapter 16, Div. VI, Part 2 Manufactured Home Construction is hereby adopted for installation of mobile (manufactured) homes."

10. Strike Sec. 108 Fees and replace with “Fees shall be established by Chapter 10 of the Code."

11. Strike section 112 in its entirety.



C. The International Mechanical Code and Appendix Chapters, 2006 Edition, as published by the International Code Council, subject to the following:

1. Sec. 101.1 Title. Insert Neola.


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D. The International Plumbing Code and Appendix Chapters, 2006 Edition, as published by the International Code Council, subject to the following:

1. Section 101.1. Insert "Neola, Iowa."




E. The National Electrical Code and Appendix Chapters, 2005 Edition, as published by the National Fire Protection Association, subject to the following:


F. The International Fire Code and Appendix Chapters, 2006 Edition, as published by the National Fire Protection Association, subject to the following:

1. Sec. 101.1. Insert “Neola.”

2. Sec. 109.3 Penalties. Insert “the maximum amount allowed by State Law. Each day a violation continues constitutes a separate violation.”


G. The International Fuel Gas Code and Appendix Chapters, 2006 Edition, as published by the International Code Council, subject to the following:

1. Sec. 101.1 Insert "Neola."

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2. Sec. 105.5.2 Fee Schedule. Insert "Fees shall be established by chapter 10 of the Code."

H. Permits Required. Permits shall be required for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City. Permit fees shall be established by chapter 10 of the Code. Permits will be requested and approved upon forms provided by the City and shall expire within one (1) year if work is not commenced or one (1) year after commencement.

I. Conditions of Permits. All work must be completed in accordance with approved plans and specifications within one (1) year following the issuance of the permit, and if not so completed, the permit shall automatically cancel. A permit shall automatically cancel if for any reason work is not commenced within one-hundred-twenty (120) days of the date of issuing the building permit or if work is substantially stopped for a period of one-hundred-eighty (180) days, prior to said cancellation, unless a written extension is granted by the enforcement officer upon good cause shown by the applicant for such extension.

J. Stop Orders. Whenever any work is being done contrary to the provisions of this section or any other valid regulation, the authorized official may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the City to proceed with the work.

1. Notice to Stop. The notice to stop shall contain:

a. Description of Violation. A description of what constitutes the violation causing the stop order; and

b. Location. The location subject to the stop order; and

c. Right to Hearing. A statement that the owner has a right to a hearing before the Mayor or Council’s designee, or his or her designee, by filing a written request therefore with such officer within a reasonable time.

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b. Certified mail to the property owner. By certified mail to the property owner of record and any persons in possession of the property. If a certified mailing has not been signed for by the property owner within ten (10) days of mailing, reasonable notice will be considered to have been given; or



3. Request for Hearing. Any person subject to a stop order may have a hearing with the Mayor or Council’s designee, or his or her designee, regarding the order. The following shall apply:

a. A request for a hearing must be made in writing and delivered to the Clerk, within the reasonable time stated in the notice, or it will be conclusively presumed that a nuisance exists and it must be abated as ordered.

b. The Mayor or Council’s designee, or his or her designee, shall serve as the hearing officer and the Clerk shall serve as secretary for the hearing.

c. The hearing will be conducted according to the provisions of chapter 1.11 of this Code.

d. The findings of the hearing officer shall be conclusive and, if a violation is found to exist, it shall be ordered correct or removed within a reasonable time under the circumstances.

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e. Any person requesting a hearing will have the right to appeal for further review and decision to the appropriate Iowa District Court within fourteen (14) days of the final orders of the hearing officer.

K. Remedy for Violations. If a person is in violation of this regulation, the Mayor or Council’s designee or other authorized persons shall seek injunctive relief, any remedy by civil action, or any other relief authorized by another chapter of this Code.

8.6 Building Numbering. Every property in the City shall comply with the following building numbering requirements:

A. Obtain Building Number. The owner of each property in the City shall obtain the number street number assigned to the principal building from the Clerk. Building numbers shall be assigned in accordance with the building numbering plan on file in the office of the Clerk.

B. Display Building Number. The owner of each property in the City shall place or cause to be installed and maintained on the principal building the assigned number in a conspicuous place to the street in figures not less than two and one-half (2 ½) inches in height and of a contrasting color with their background.

C. Failure to Comply. If an owner refuses to number a building as herein provided, or fails to do so for a period of thirty (30) days after being notified in writing by the City to do so, the City may proceed to place the assigned number on the principal building and assess the costs against the property for collection in the same manner as a property tax.

8.7 Noise Control. The purpose of this Section is to prevent excessive sound, which is a serious hazard to the public health and welfare and to the quality of life in the City.

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A. Measurement of Noise. The measurement of sound or noise shall be made with a sound level meter meeting the standards prescribed by the American National Standards Institute. The instruments shall be maintained in calibration and good working order. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. The measurement shall be a slow, A-weighted sound level.

B. Regulations. No person shall engage or participate in the making and creating of an excessive or unusually loud sound within the city heard and measured in the manner prescribed below, except when done under and in compliance with a permit issued by the City.

1. It shall be the duty of persons in a position of ownership, possession or control of premises to prevent such premises from being the site of activities producing sound levels in excess of what is permitted under this chapter. Failure or refusal to perform such duty shall constitute a violation of this section.

2. It shall be the duty of persons in positions of leadership or responsibility with respect to unincorporated associations, groups, gatherings and assemblages of people to prevent such from causing or making sound levels in excess of what is permitted under this chapter. Failure or refusal to perform such duty shall constitute a violation of this section.

3. For the purpose of determining and classifying any sound as excessive or unusually loud, the following test measurement and requirements are to be applied:

a. The sound shall be measured at the edge of the city street or alley right-of-way reasonably appearing to be nearest to the source of the sound, or if in a park or agriculturally zoned area, approximately 25' from the source of the sound. When a complaint is received, a measurement may also be taken at a location on the property where the complaining party was disturbed.

b. The sound shall be measured on a sound level meter of standard design and quality operated in the "A" slow response weighing scale.

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c. A sound measured or registered in excess of the maximum permitted levels according to the following table, is declared to be excessive and unusually loud and is unlawful.

Neighborhood Characteristic Maximum PermittedResidential 60 between 7 a.m. to Midnight

55 between Midnight to 7 a.m.

Commercial 65

Industrial 80

Park or Agriculturally Zoned 65

C. Remedy for Violations. If a person is in violation of this regulation, the Mayor or Council’s designee or other authorized persons shall seek injunctive relief, any remedy by civil action, or any other relief authorized by another chapter of this Code.

8.8 Zoning Regulations. The regulations of this section provide comprehensive zoning and land use standards to serve the public health, safety and general welfare of the City and its citizens. The City intends that this Zoning Code and any amendments to it shall be consistent with the City's Comprehensive Plan. It is the City's intent to amend this Code whenever such action is deemed necessary to keep regulatory provisions in conformance with the Comprehensive Plan.

A. Administration. The following regulations shall apply to the administration and enforcement of the Zoning Code:

1. Planning and Zoning Commission. There shall be a Planning and Zoning Commission, hereinafter referred to as the Commission, consisting of five (5) members. Members shall be residents of the City, appointed by the Council. Commission members shall be qualified by knowledge or experience to act in matters pertaining to the development of a City plan and shall not hold any elective office in the City government. The term of office of the members of the Commission shall be five (5) years. The terms of not more than one-third of the members will expire in any one-year. All members of the Commission shall serve without compensation, except their actual expenses, which shall be subject to the approval of the Council. Members of the Commission may be members of the Board also.

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2. Board of Zoning Appeals. A Board of Zoning Appeals, hereafter the Board, is hereby established. The Board shall consist of five (5) members appointed by the Mayor, subject to approval by the Council, for terms shall of five (5) years. Members of the Board may be members of the Commission also.

3. Zoning Administrator. This section shall be enforced by the Zoning Administrator, hereafter the Administrator. The Administrator shall be appointed by the Council. The Administrator shall have the following duties: 1) to issue all zoning permits and certificates of zoning compliance, 2) to cause any building, structure, land, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein in violation of any provision of this section, 3) ensure any site plan, special exception permit, variance, or amendment approved by the Council or Board is faithfully executed, and 4) to interpret and enforce all zoning regulations.

4. Zoning Permit. No structure shall be occupied by a new use unless a Certificate of Occupancy shall have been issued by the Administrator. No structure, including signs, shall hereafter be erected, reconstructed, structurally altered, enlarged, added to or removed, nor shall any excavation for any such structure be commenced until and unless a zoning permit shall have been issued by the Administrator. No accessory buildings shall be constructed or altered, site changes made, removals or any type of construction, reconstruction or redevelopment of property take place until and unless a zoning permit shall have been issued by the Administrator. No surface, impervious or pervious, shall be constructed on the property unless a zoning permit shall have been issued by the Administrator. The Administrator shall issue a Certificate of Occupancy or zoning permit after the following procedures and findings have been satisfied:

a. An application, available from the Administrator, is completed in full and filed with the Administrator along with the required application fee.

b. Supporting information is provided with the application, such as a site plan indicating set back lines, building locations, proposed and existing uses and other such information, as the Administrator may require to ascertain compliance with this chapter.

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c. A signed and attested statement from the property owner indicating compliance with all provisions of this chapter and a detailed explanation of any permitted nonconformities on the subject property is submitted to the Administrator.

d. The Administrator shall determine the location of lot lines for all zoning permit applications in which lot line location is necessary to determine in order to verify compliance with required yard regulations. The Administrator shall first confer with any adjacent property owner who may be affected by the application to determine if the adjacent property owner objects to the location of lot lines as asserted by the applicant. If the adjacent property owner objects to the location as asserted by the applicant, the applicant must obtain a survey at their own cost and submit it to the City with their application.

5. Permit Expiration. All zoning permits issued under this chapter shall be requested and approved upon forms provided by the City and shall expire within one (1) year if work is not commenced or one (1) year after commencement.

6. Certificate of Zoning Compliance. No land shall be occupied or used, and no building be occupied or used in whole or in part for any purpose whatsoever, until a certificate is issued by the Administrator stating that the use complies with the provisions of this chapter. No change of use shall be made on any land or in any building or part thereof until a certificate is issued by the Administrator stating that the proposed use complies with the provisions of this chapter. Changes of use, without physical improvements to the property may request a certificate of zoning compliance without first receiving a zoning permit. Certificates of zoning compliance shall not be used as any form of guarantee from the City that the property owner has complied with this chapter. The responsibility to comply with this section rests entirely upon the property owner. The Administrator may revoke a certificate at any time upon knowledge of non-compliant use of the property. In the event a certificate of compliance is revoked the property owner shall be notified by certified mail. All holders of zoning permits shall apply for a certificate of zoning compliance within thirty (30) days of completion of the improvement for which the zoning permit was secured.

7. Special Exception Permit. Where Table 2 and Table 3 in this section require a Special Exception Permit, the following procedures for submission and approval by the Board shall be followed:

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a. Purpose. A Special Exception Permit allows the Board to permit uses or area and dimensional exceptions that may be compatible with the general plan, but which are not routinely allowed or permitted by right. The process emphasizes transparency and openness by requiring a public hearing process. The process is focused on preventing and controlling certain uses and conditions which could have detrimental effects on a community or neighboring properties, but provides flexibility from rigid application of rules which would prevent desirable outcomes. Approval is a discretionary act. A Special Use Permit may impose conditions on a property or use to ensure compatibility with nearby land uses.

b. Application. An application for a Special Exception Permit, available from the Administrator, shall be completed in full and filed with the Administrator along with the required application fee as required by chapter 10 of this Code.

c. Criteria. Specific criteria that the Board and Commission may consider when evaluating a Special Exception application include, but are not limited to the following:

i. Special Exceptions for Use. Table 2 provides eligible uses for a

Special Exception according to District designation. The Board must evaluate whether the granting of the Minor Special Exception will be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. In addition, the Board must make a finding that the proposed use satisfies the goals and objectives of the Comprehensive Plan and will contribute to the general welfare of the community.

ii. Special Exceptions for Area and Dimension. The Board may permit a Special Exception for area and dimension regulations when specifically authorized to by the Section.

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d. Hearing by Commission. The Commission shall hold a hearing regarding the application within thirty (30) days of receipt of the complete application. A public notice of the hearing shall be published in the same manner as required by Chapter 362.3(b) of the Code of Iowa. The Commission shall transmit a written recommendation on the disposition of the application to the Board. The Commission shall make the recommendation to the Board with fourteen (14) days of the hearing. If all members of the Commission are also members of the Board, this requirement shall not be necessary.

e. Hearing and Decision by Board. The Board shall act upon a Special Exception Permit within thirty (30) days of receiving a recommendation on the application from the Commission. Failure to act within thirty (30) days shall constitute a denial of the application. The Board shall deny, approve, or approve with conditions the application for a Special Exception Permit and transmit a written decision to the applicant. The decision of the Board shall contain specific findings of fact supporting the granting or denial of a Special Exception Permit and shall clearly set forth any conditions or restrictions imposed by the Special Exception Permit. The Board shall render its decision on the application within fourteen (14) days of the hearing.

f. Revocation of Special Exception Permit. At any time, the Board may revoke the Special Exception Permit upon finding the applicant has violated the conditions of approval. Prior to revocation the Board shall give the applicant a hearing in conformance with chapter 1.11 of this Code. The Board may reinstate the Special Exception Permit if the owner remedies the deficiencies causing the revocation of the Special Exception Permit. If not reinstated, the property owner shall be in violation of this chapter and the City may pursue its remedies thereunder.

8. Site Plan Review. The Site Plan Review procedure provides for review and evaluation of site development features and possible mitigation of unfavorable effects on surrounding property. The following shall apply:

a. Application. A completed site plan must be filed with the Administrator along with the application fee required in chapter 10.

b. Uses Requiring Site Plan Review. The following selected uses shall follow the Site Plan review procedure prior to the issuance of a building permit:

i. Multiple family developments with 3 or more dwelling units; and

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ii. Civic use facilities; and

iii. Any commercial, industrial, or office use.

c. Authority to Approve. The Administrator, or his/her designee(s) shall review and evaluate as site plans, and shall transmit such recommendation to the Council for review and denial or approval.

d. Application Requirements. An application for a Site Plan Review may be filed by the owner(s) of a property or the owners' authorized agent with the Administrator. The application shall include the following information:

i. Name and address of the applicant; and

ii. Owner, address, and legal description of the property; and

iii. A description of the nature and operating characteristics of the proposed use; and

iv. A site plan, drawn to a scale sufficient to permit adequate review and dimensioned as necessary, showing the following information:

(i) The date, scale, north point, title, name of owner, and name of person preparing the site plan; and

(ii) The location and dimensions of boundary lines, easements, and required yards and setbacks of existing and proposed buildings and site improvements; and

(iii) The location, size, and use of proposed and existing structures on the site; and

(iv) The location of all proposed site improvements, including parking and loading areas, pedestrian and vehicular access, sewers, sidewalks, utilities, service areas, fencing, screening, landscaping, signage, and lighting; and

(v) Location of any major site feature, including drainage and contours at no greater than five foot intervals; and

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(vi) Any other information that may be required for review by the Administrator, or his/her designee.

e. Review and Evaluation. The Board shall review and approve or disapprove the site plan based on the following criteria:

i. Height and Bulk. Development should minimize differences in height and building size from surrounding structures. Differences should be justified by urban design considerations; and

ii. Building Coverage. Building coverage should be similar to that of surrounding development of possible higher coverage should be mitigated by landscaping or site amenities; and

iii. Frontage. Project frontage along a street should meet minimum frontage requirements and provide reasonable exposure for the development; and

iv. Parking and Internal Circulation. Parking should serve all structures with minimal conflicts between pedestrians and vehicles. All structures must be accessible to public safety vehicles. Development must have access to adjacent public streets and ways. Internal circulation should minimize conflicts and congestion at public access points; and

v. Landscaping. Landscaping should be integral to the development, providing street landscaping, breaks in uninterrupted paved areas, and buffering where required by surrounding land uses. Parts of site with sensitive environmental features or natural drainage ways should be preserved; and

vi. Building Design. Architectural design and building materials should be compatible with surrounding areas or highly visible locations. Highly visible developments should maximize the aesthetic appeal of the community; and

vii. Traffic Capacity. Project should not reduce the existing level of traffic service on adjacent streets. Compensating improvements will be required to mitigate impact on street system operations; and

viii. External Traffic Effects. Project design should direct non-residential traffic away from residential areas; and

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ix. Operating Hours. Projects with long operating hours must minimize effects on surrounding residential areas; and

x. Outside Storage. Outside storage areas must be screened from surrounding streets and less intensive land uses; and

xi. Storm Water Management. Development should handle storm water adequately to prevent overloading of public storm water management system. Development should not inhibit development of other properties. Development should not increase probability of erosion, flooding, landslides, or other runoff related effects; and

xii. Comprehensive Plan. Projects should be consistent with the City Comprehensive Plan; and

xiii. Lighting. Impact of exterior lighting on surrounding area.

f. Modification of Site Plan. The Board may require modification of a site plan as a prerequisite for approval. Required modifications may be more restrictive than base district regulations and may include, but not be limited to, additional landscaping or screening; installation of erosion control measures; improvement of access or circulation; rearrangement of structures on the site; or other modifications deemed necessary to protect the public health, safety, welfare, community character, property values, and/or aesthetics.

g. Expiration. A Site Plan approval shall become void one year after the date of approval, unless the applicant receives a Zoning Permit and diligently carries out development prior to the expiration of this period.

h. Administration Following Approval. The Administrator, or his/her designee, may approve an application to modify a previously approved site plan if he/she determines that the modification does not affect findings related to the criteria set forth above. The Administrator, or his/her designee may revoke a Site Plan approval if he/she determines that the development is not complying with the terms and conditions of the approval. Such revocation may be appealed to the Board.

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9. Variance. The Board may authorize, upon appeal in specific cases, such variance from the standards provided in Table 3, as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance can be considered for the property development standards of Table 3 only and variances for uses as provided in Table 2 is expressly disallowed. A variance is any deviation from the use, area, or dimensional standards of this ordinance not meeting the standard of a Minor Special Exception or Special Exception. The Board shall act upon the variance request within thirty (30) days of the public hearing. Failure to act within thirty (30) days shall constitute denial of the request. A variance from the terms of this ordinance shall not be granted by the Board unless and until:

a. Application. An application for a variance must be filed with the Administrator along with the application fee required in chapter 10; and

b. Hearing by Commission. The Commission shall hold a hearing regarding the application within thirty (30) days of receipt of the complete application. A public notice of the hearing shall be published in the same manner as required by Chapter 362.3(b) of the Code of Iowa. The Commission shall transmit a written recommendation on the disposition of the application to the Board. The Commission shall make the recommendation to the Board with fourteen (14) days of the hearing. If all members of the Commission are also members of the Board, this requirement shall not be necessary.

c. Hearing and Decision by Board. The Board may hold a hearing and act upon the variance application within thirty (30) days of receiving a recommendation on the application from the Commission. A public notice of a hearing shall be published in the same manner as required by Chapter 362.3(b) of the Code of Iowa. Failure to act within thirty (30) days shall constitute a denial of the application. The Board shall deny, approve, or approve with conditions the application for a variance and transmit a written decision to the applicant. The Board shall render its decision on the application within fourteen (14) days of the hearing.

d. Criteria for Approval. Prior to approving any variance, the Board shall make the following findings:

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

ii. That literal interpretation of the provisions of this section would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; and

iii. That the special conditions and circumstances do not result from the actions of the applicant; and

iv. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district. No nonconforming use of neighboring lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance; and

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

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

e. Conditions, Safeguards, and Prohibition of Use Variances. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance. Under no circumstances shall the Board grant a variance to allow a use not permitted in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

f. Remand by Council. The Council may remand a decision to grant a variance to the Board for further study. The effective date of the variance is delayed for thirty (30) days from the date of the remand. The Board may act upon the remand any time after the thirty (30) days has passed.

10. Appeals. The Board shall hear appeals from any person aggrieved by or contesting a decision of the Administrator. The following shall apply:

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a. Requirements for Appeal. A written request for appeal, which states the basis for the appeal, must be filed with the Administrator along with the fee required in chapter 10; and

b. Repose and Limitation of Appeal. Appeals shall be filed within thirty (30) days from when notice of the decision is served.

c. Filing Requirements. The appeal shall be filed with the Clerk on a form available from the Clerk.

d. Conduct of Hearing. The appeal hearing will be conducted according to the provisions of chapter 1.11 of this Code.

e. Timing of Decision. The Board shall render a decision on the appeal within thirty (30) days of the appeal; and

f. Tolling of Order. An appeal shall toll the period to complete any requirements ordered by the Administrator until the Board has made a final decision on the appeal.

g. Further Appeal. The appellant may appeal any decision of the Board to the appropriate District Court.

11. Amendments. The Council may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal the boundaries of districts or regulations herein established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Commission for its report and recommendation. The Commission shall hold a public hearing on the proposed amendment and make a report and recommendation to the Council within forty-five (45) days of the public hearing. Failure to act within forty-five (45) days shall constitute a recommendation of denial. Within thirty (30) days of receipt of the Commission’s recommendation, the Council shall hold a public hearing on the proposed amendment. The Council shall act on the proposed amendment within forty-five (45) days of the public hearing. The City may take an additional forty-five (45) days to implement required multiple readings of the ordinance and required publication. Failure to enact an amendment within ninety (90) days shall constitute denial of the amendment. Reconsideration of any map or text amendment, after denial, shall not occur within one year of the denial and must be processed as if it were newly initiated; following the same procedures before the Commission and Council.

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12. Divided Property. Where one (1) parcel of property is divided into two (2) or more portions by reason of different zoning district classifications, each portion shall be used independently of the other in its respective zoning classification, and for the purpose of applying the regulations of this section, each portion shall be considered as if in separate and different ownership.

13. Vacated Streets or Roads. Whenever any street, road, alley or other public way is vacated by official action as provided by law, the zoning district adjoining the side of such public way shall be automatically extended, depending on the side or sides to which such lands revert to include right-of-way of the public way thus vacated which shall thenceforth be subject to all regulations of the extended district or districts.

14. Enforcement. The Administrator shall issue enforcement orders in writing. An enforcement order shall provide notice to the property owner or occupant of any violation by indicating the nature of the violation and the action necessary to correct it. The Administrator shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures, or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of its provisions. The following shall apply:

a. Civil Action for Violations. If a person is in violation of this regulation, the Mayor or Council’s designee or other designated official shall seek any remedy provided for by Chapters 4.2, 4.5, or by civil action.

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

c. Other Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this ordinance, nothing herein contained shall prevent the City from taking other lawful action as is necessary to prevent or remedy any violation.

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15. Nonconformities. Any lawful use of land or structures existing at the time of passage of this section or subsequent amendment, may be continued with the following limitations:

a. No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of this chapter. Use or occupation of an area of land is intended to mean only that land which is actually utilized by the nonconforming use and shall not be interpreted to include a larger area of land by virtue of ownership, intent to use or any other argument less than actual use and physical occupation by the nonconforming use; and

b. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel which was not physically occupied by such use at the time of adoption of this chapter; and

c. Any structure containing a nonconforming use which has deteriorated or has been damaged to the extent of forty-percent (40%) of its replacement costs, as estimated immediately prior to damage, shall not be repaired or reconstructed, except in conformity with this chapter; and

d. No nonconforming use may be substituted for any other nonconforming use; and

e. A nonconforming use may be converted only to a conforming use. Once a use has been converted to a conforming use, it shall not be converted back to a nonconforming use; and

f. No nonconforming use shall be established after having been discontinued for six months. Vacating of premises or building or non-operative status of the use shall be evidence of discontinuance; and

g. A nonconforming use shall be terminated relating to any transfer or conveyance of portion of the property comprising the nonconforming use; however, a transfer or conveyance of the total property comprising the nonconforming use shall not terminate said nonconforming use; and

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h. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten percent (10%) of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

i. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located; and

j. Any use of land, use of structure, or any structure in existence at the time of adoption of this chapter which was not an authorized nonconformity under previous zoning chapters, shall not be authorized to continue its nonconforming status pursuant to this chapter or amendments thereto.

B. Classification and Use Types. The Zoning Code establishes a classification system for land uses and a consistent set of terms defining uses permitted or conditionally permitted within various zoning districts. In the event of any question as to the appropriate use types of any existing or proposed use or activity, the Administrator shall have the authority to determine the appropriate use type. The Administrator shall make all such determinations of appropriate use types in writing. The record of the determination shall contain a report explaining the reasons for the determination. The following shall apply:

1. Agricultural Use Types. Agricultural use types include the on-site production and sale of plant and animal products by agricultural methods.

a. Animal Production. The raising of animals or production of animal products, such as eggs or dairy products on an agricultural or commercial basis on a site which is also used for crop production or where grazing of natural vegetation is the major feed source; or the raising of animals for recreational use. Typical uses include grazing, ranching, dairy farming, and poultry farming.

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b. Crop Production. The raising and harvesting of tree crops, row crops for field crops on an agricultural or commercial basis. This definition may include accessory retail sales under certain conditions.

c. Horticulture. The growing of horticultural and floricultural specialties, such as flowers, shrubs, or trees intended for ornamental or landscaping purposes. This definition may include accessory retail sales under certain conditions. Typical uses include wholesale plant nurseries and greenhouses.

d. Intensive Agriculture. Uses on farms which include feed lots, hog and cattle farms and poultry operations where animals are tightly confined in buildings or outdoor pens, where less than fifty percent (50%) of the feed is grown on site, and which are not compatible with an urban or urbanizing area.

2. Residential Use Types. Residential use types include uses providing wholly or primarily non-transient living accommodations. Residential uses include:

a. Single Family Residential (Detached). The use of a site for one dwelling unit, occupied by one family. A single family residential use in which one dwelling unit is located on a single lot, with no physical or structural connection to any other dwelling unit.

b. Duplex Residential. The use of a legally described lot for two dwelling units, each occupied by one family within a single building.

c. Townhouse Residential. The use of a site for two, but not more than twelve or more attached dwelling units, each occupied by one family and separated by vertical side walls extending from foundation through roof without openings. Each townhouse unit must have at least two exposed exterior walls.

d. Multiple-Family Residential. The use of a site for three or more dwelling units within one building.

e. Upper-Story Residential. The use of a building level(s) over and above the street level story for single or multiple family residential uses. The building level at street level shall not have any residential space, unless otherwise necessary for handicap accessibility in a multi-family use.

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f. Group Residential. The use of a site for a residence by four or more unrelated persons, not defined as a family, on a weekly or longer basis.

g. Retirement Residence. A building or group of buildings which provide residential facilities for four or more residents of at least fifty years of age, or households headed by a householder of at least fifty years of age. A retirement residence may provide a range of residential building types and may also provide general health supervision, medication services, housekeeping services, personal services, recreation facilities, and transportation services. The retirement residence may accommodate food preparation in independent units or meal service in one or more common areas. Retirement residences with more than 50 living units may include additional health care supervision or nursing care, provided that the number of beds for such residences shall not exceed 25% of the total number of individual living units. Typical uses include assisted living centers or retirement centers.

3. Civic Use Types. Civic use types include the performance of utility, educational, recreational, cultural, medical, protective, governmental, and other uses which are strongly vested with social importance.

a. Administration. Governmental offices providing administrative, clerical or public contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles. Typical uses include federal, state, county, and city offices.

b. Cemetery. Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbarium’s, crematoria, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

c. Clubs. Uses providing meeting, recreational, or social facilities for a private, non-profit or non-commercial association, primarily for use by members and guests.

d. College and University Facilities. An educational institution of higher learning which offers a course of study designed to culminate in the issuance of a degree certified by a generally recognized accrediting organization.

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e. Convalescent Services. A use providing bed care and in-patient services for persons requiring regular medical attention but excluding a facility providing surgical or emergency medical services and excluding a facility providing care for alcoholism, drug addiction, mental illness, or communicable disease. Typical uses include nursing homes.

f. Cultural Services. A library, museum, or similar registered non-profit organizational use displaying, preserving and exhibiting objects of community and cultural interest in one or more of the arts and sciences.

g. Day Care Services (Limited). Includes all classifications of day care facilities regulated by the State of Iowa that operate providing care for not more than six (6) children. This term includes nursery schools, preschools, day care centers for children or adults, and similar uses but excludes public and private primary and secondary educational facilities.

h. Day Care Services (General). Includes all classifications of day care facilities regulated by the State of Iowa that operate providing care for more than six (6) children. This term includes nursery schools, preschools, day care centers for children or adults, and similar uses but excludes public and private primary and secondary educational facilities.

i. Detention Facilities. A publicly operated or contracted use providing housing and care for individuals legally confined, which is designed to isolate those individuals from the community.

j. Emergency Residential Services. A facility or use of a building to provide a protective sanctuary for victims of crime or abuse, including emergency housing during crisis intervention for victims of rape, abuse, or physical beatings. Such facilities being limited to no more than three (3) victims at any one time.

k. Family Home. A facility as defined in Iowa Code Section 414.22, and including, but not limited to, Elder Family Homes and Elder Group Homes.

l. Elder Family Homes. A facility as defined in Iowa Code Section 231A.

m. Elder Group Homes. A facility as defined in Iowa Code Section 231B.

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n. Group Care Facility. A government-licensed or approved facility which provides for resident care and short or long-term, continuous multi-day occupancy of more than 8 but no more than 30 unrelated persons, not including resident staff. Purpose of the facility may include the following:

i. Adaptation to living with, or rehabilitation from, the handicaps of emotional or mental disorder; or developmental disabilities.

ii. Rehabilitation from the effects of drug or alcohol abuse.

iii. Supervision while under a program alternative to imprisonment, including but not limited to pre-release, work-release, and probationary programs.

iv. Others who require direct adult supervision.

o. Group Home. A facility licensed by the State of Iowa in which at least three but no more than eight persons, not including resident Mayor or Council’s designees or house parents, who are unrelated by blood, marriage, or adoption, reside while receiving therapy, training, living assistance, or counseling for the purpose of adaptation to living with or rehabilitation from a physical or mental disability as defined by the relevant provisions of the Code of Iowa or by the Fair Housing Amendments Act of 1988.

p. Guidance Services. A use providing counseling, guidance, recuperative, or similar services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction, or similar condition on a daytime care basis.

q. Health Care. A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis including emergency treatment, diagnostic services, training, administration and services to out-patients, employees, or visitors.

r. Hospital. A facility providing medical, psychiatric, or surgical service for sick or injured persons primarily on an in-patient basis, including emergency treatment, diagnostic services, training, administration, and services to patients, employees, or visitors.

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s. Maintenance Facilities. A public facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities including street or sewer yards, equipment service centers, and similar uses having characteristics of commercial services or contracting or industrial activities.

t. Park and Recreation Services. Publicly owned and operated parks, playgrounds, recreation facilities, and open spaces.

u. Postal Facilities. Postal services, including post offices, bulk mail processing or sorting centers operated by the United States Postal Service.

v. Primary Educational Facilities. A public, private, or parochial school offering instruction at the elementary school level in the branches of learning study required to be taught in schools within the State of Iowa.

w. Public Assembly. Facilities owned and operated by a public agency or a charitable non-profit organization accommodating major public assembly for recreation, sports, amusement, or entertainment purposes. Typical uses include civic or community auditoriums, sports stadiums, convention facilities, fairgrounds, incidental sales, and exhibition facilities.

x. Religious Assembly. A use located in a permanent building and providing regular organized religious worship and religious education incidental thereto (excluding private primary or private secondary educational facilities, community recreational facilities, day-care facilities, and incidental parking facilities). A property tax exemption obtained pursuant to Property Tax Code of the State of Iowa shall constitute prima facie evidence of religious assembly use.

y. Safety Services. Facilities for conduct of public safety and emergency services including police and fire protection services and emergency medical and ambulance services.

z. Secondary Educational Facilities. A public, private, or parochial school offering instruction at the junior high or high school level in the branches of learning and study required to be taught in the schools of the State of Iowa.

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aa. Utilities. Any above ground structures or facilities, other than lines, poles, and other incidental facilities, used for the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, delivery, collection, or storage of water, sewage, electricity, gas, oil, energy media, communications, electronic or electromagnetic signals, or other services which are precedent to development and/or use of land.

4. Office Use Types. Office use types include uses providing for administration, professional services, and allied activities. These uses often invite public clientele but are more limited in external effects than commercial uses.

a. General Offices. Use of a site for business, professional, or administrative offices. Typical uses include real estate, insurance, management, travel, or other business offices; organization and association offices; banks or financial offices; or professional offices.

b. Financial Services. Provision of financial and banking services to consumers or clients. Walk-in and drive-in services to consumers are provided on site. Typical uses include banks, savings and loan associations, savings banks, and loan companies. An ATM (Automatic Teller Machine) which is not accompanied on-site by an office of a its primary financial institution is considered a "General Retail Services" Use Type.

c. Medical Offices. Use of a site for facilities which provide diagnoses and outpatient care on a routine basis, but which does not provide prolonged, in-house medical or surgical care. Medical offices are operated by doctors, dentists, or similar practitioners licensed for practice in the State of Iowa.

5. Commercial Use Types. Commercial uses include the sale, rental, service, and distribution of goods; and the provision of services other than those classified under other use types.

a. Agricultural Sales and Service. Establishments or places of business engaged in sale from the premises of feed, grain, fertilizers, farm equipment, pesticides and similar goods or in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include nurseries, farm implement dealerships, feed and grain stores, and tree service firms.

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b. Automotive and Equipment Services. Establishments or places of business primarily engaged in sale and/or service of automobiles, trucks, or heavy equipment. The following are considered automotive and equipment use types:

i. Automotive Rental and Sales. Sale or rental of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles or boats, including incidental storage, maintenance, and servicing. Typical uses include new and used car dealerships; motorcycle dealerships; and boat, trailer, and recreational vehicle dealerships.

ii. Auto Services. Provision of fuel, lubricants, parts and accessories, and incidental services to motor vehicles; and washing and cleaning and/or repair of automobiles, non-commercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include service stations, car washes, muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, and similar repair and service activities but exclude dismantling, salvage, or body and fender repair services.

iii. Body Repair. Repair, painting, or refinishing of the body, fender, or frame of automobiles, trucks, motorcycles, motor homes, recreational vehicles, boats, tractors, construction equipment, agricultural implements, and similar vehicles or equipment. Typical uses include body and fender shops, painting shops, and other similar repair or refinishing garages.

iv. Equipment Rental and Sales. Sale or rental of trucks, tractors, construction equipment, agricultural implements, mobile homes, and similar heavy equipment, including incidental storage, maintenance, and servicing. Typical uses include truck dealerships, construction equipment dealerships, and mobile home sales establishments.

v. Equipment Repair Services. Repair of trucks, tractors, construction equipment, agricultural implements, and similar heavy equipment. Typical uses include truck repair garages, tractor and farm implement repair services, and machine shops, but exclude dismantling, salvage, or body and fender repair services.

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vi. Short-Term Vehicle Storage. Storage of operating or non-operating vehicles for a period of no more than forty (40) days. Typical uses include storage of private parking tow-away or impound yards but exclude dismantling or salvage. Long-term storage of operating or non-operating vehicles beyond (40) days constitutes an Industrial Use Type.

c. Bed and Breakfast. A lodging service that provides overnight or short-term accommodations to guests or visitors, usually including provision of breakfast. Bed and breakfasts are usually located in large residential structures that have been adapted for this use. For the purpose of this definition, bed and breakfasts are always owned and operated by the owner of the structure, include no more than ten units, and accommodate each guest or visitor for no more than 7 consecutive days during any one-month period.

d. Business Support Services. Establishments or places of business primarily engaged in the sale, rental or repair of equipment, supplies and materials or the provision of services used by office, professional and service establishments to the firms themselves but excluding automotive, construction and farm equipment; or engaged in the provision of maintenance or custodial services to businesses. Typical uses include office equipment and supply firms, small business machine repair shops or hotel equipment and supply firms, janitorial services, photography studios, and convenience printing and copying.

e. Business or Trade Schools. A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as a home occupation, college or university, or public or private educational facility.

f. Campground. Facilities providing camping or parking areas and incidental services for travelers in recreational vehicles or tents, which accommodate each guest or visitor for no more than 7 consecutive days during any one-month period.

g. Commercial Recreation. Private businesses, or other organizations which may or may not be commercial by structure or by nature, which are primarily engaged in the provision or sponsorship of sports, entertainment, or recreation for participants or spectators. Typical uses include driving ranges, theaters, private dance halls, or private skating facilities. Commercial recreation is divided into the following categories:

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i. Commercial Recreation (Limited). Facilities which include a structure of five thousand (5,000) square feet or less and/or a site covering an area of no more than one-half acre.

ii. Commercial Recreation (General). Facilities which include a structure of more than five thousand (5,000) square feet or and/or a site covering an area of more than one-half acre.

h. Communications Services. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms but excludes those classified as Utilities. Typical uses include television studios, telecommunication service centers, telegraph service offices, or film and sound recording facilities. Broadcast towers, and their minor ancillary ground structures are classified as "Miscellaneous Use Types."

i. Construction Sales and Services. Establishments or places of business primarily engaged in the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures and hardware. This use type excludes those uses classified under Automotive and Equipment Services. Typical uses include building materials sales, or tool and equipment rental or sales.

j. Consumer Services. Establishments which provide services, primarily to individuals and households, but excluding Automotive Use Types. Typical uses include automated banking machines, appliance repair shops, watch or jewelry repair shops, or musical instrument repair shops.

k. Convenience Storage. Storage services primarily for personal or non-intrusive commercial activity. Typical uses include mini-warehousing.

l. Convenience Food Sales. Establishments occupying facilities of less than five thousand (5,000) square feet; and characterized by sales of specialty foods or a limited variety of general items, and by the sales of fuel for motor vehicles.

m.Food Sales. Establishments or places of business primarily engaged in the retail sale of food or household products for home consumption. Typical uses include groceries, delicatessens, meat markets, retail bakeries, and candy shops.

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i. Limited Food Sales. Establishments occupying facilities of less than five thousand (5,000) square feet; and characterized by sales of specialty foods or a limited variety of general items, but excluding the accessory sale of fuel for motor vehicles. Typical uses include delicatessens, meat markets, retail bakeries, candy shops, small grocery stores.

ii. General Food Sales. Establishments selling a wide variety of food commodities, using facilities larger than five thousand (5,000) square feet. Typical uses include supermarkets.

n. Funeral Services. Establishments engaged in undertaking services such as preparing the human dead for burial, and arranging and managing funerals. Typical uses include funeral homes or mortuaries.

o. Gaming Facilities. Establishments engaged in the lawful, on-site operation of games of chance that involve the risk of money for financial gain by patrons. Gaming facilities shall include the accessory sale of liquor and food, pursuant to licensing regulations of the City of Neola or the State of Iowa.

p. General Retail Services (Small and Large Scale). Sale or rental with incidental service of commonly-used goods and merchandise for personal or household use but excludes those classified more specifically by these use type classifications. Typical uses include department stores, apparel stores, furniture stores, or establishments providing the following products or services:

i. General Retail Services (Small Scale) include facilities with no more than five thousand (5,000) square feet in a single establishment or fifteen thousand (15,000) square feet within a multiple tenant Common Development.

ii. General Retail Services (Large Scale) include facilities of five thousand (5,000) square feet or more in a single establishment or fifteen thousand (15,000) square feet or more within a multiple tenant Common Development.

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q. Hotel. One or more buildings containing twenty (20) or more guest rooms, with such rooms being designed, intended to be used or are used as temporary or overnight accommodations for guests in which daily services of linen change, central telephone switchboard, towel change, soap change, general clean-up, and a registration lobby staffed on a twenty-four (24) hour daily basis are provided by the management. Each room shall be a minimum of two-hundred-fifty (250) square feet in area, exclusive of bathroom, closet, or balcony space. No room may be used by the same person or persons for a period exceeding thirty (30) days per year. Access to all rooms shall be provided through one or more common entrance(s). Accessory uses are encouraged and permitted accessory uses include restaurants, cocktail lounges, banquet halls, ballrooms, or meeting rooms.

r. Kennel. Boarding and care services for dogs, cats and similar small mammals or large birds; or any premises on which three or more animals included under this definition over four months of age are kept and maintained. Typical uses include boarding kennels, ostrich raising facilities; pet motels, or dog training centers.

s. Laundry Services. Establishments primarily engaged in the provision of laundering, cleaning or dyeing services other than those classified as Personal Services. Typical uses include bulk laundry and cleaning plans, diaper services, or linen supply services.

t. Liquor Sales. Establishments or places of business engaged in retail sale for off-premise consumption of alcoholic beverages. Typical uses include liquor stores, bottle shops, or any licensed sales of liquor, beer or wine for off-site consumption.

u. Motel (also Motor Hotel, Motor Court, Motor Lodge, or Tourist Court). A building or group of buildings designed to provide sleeping accommodations to transient guests for compensation, and provides near each guest room a parking space for the guest’s vehicles and a unique point of access for each unit.

v. Personal Improvement Services. Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services of a non-professional nature. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction.

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w. Personal Services. Establishments or places of business primarily engaged in the provision of services of a personal nature. Typical uses include beauty and barber shops; seamstress, tailor, or shoe repair shops; photography studios; or dry cleaning stations serving individuals and households, driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction.

x. Pet Services. Pet health services, and grooming and boarding, when totally within a building, of dogs, cats, birds, fish, and similar small animals customarily used as household pets. Typical uses include pet stores, small animal clinics, dog bathing and clipping salons, and pet grooming shops, but exclude uses for livestock and large animals.

y. Research Services. Establishments primarily engaged in research of an industrial or scientific nature. Typical uses include electronics research laboratories, space research and development firms, testing laboratories, or pharmaceutical research labs.

z. Restaurants. A use engaged in the preparation and retail sale of food and beverages; including the sale of alcoholic beverages when conducted as a secondary feature of the use, producing less than 50 per cent of the establishment's gross income. Further definition is as follows:

i. Restaurant (Drive-in or Fast Food). An establishment which principally supplies food and beverages in disposable containers and is characterized by high automobile accessibility and on-site accommodations, self-service, and short stays by customers.

ii. Restaurant (General). An establishment characterized by table service to customers and/or accommodation to walk-in clientele, as opposed to Drive-in or Fast Food Restaurants. Typical uses include cafes, coffee shops, and restaurants.

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aa. Restricted Businesses. Any business activity which offers the opportunity to view sexual activities or view or touch anatomical areas for entertainment purposes in a manner that offends contemporary standards in the City, depicts or describes sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value. This category includes the sale or viewing of visual or print materials that meet these criteria. Typical uses include retail services or stores which are distinguished by an emphasis on activities or materials that emphasize sexual content; businesses which offer live performances characterized by exposure of specified anatomical areas; and adult theaters.

bb. Stables and/or Riding Academies. The buildings, pens and pasture areas used for the boarding and feeding of horses, llamas, or other equine not owned by the occupants of the premises. This use includes instruction in riding, jumping, and showing or the riding of horses/equine for hire.

cc.Surplus Sales. Businesses engaged in the sale of used or new items, involving regular, periodic outdoor display of merchandise for sale. Typical uses include flea markets and factory outlets or discount businesses with outdoor display.

dd. Trade Services. Establishments or places of business primarily engaged in the provision of services that are not retail or primarily dedicated to walk-in clientele. These services often involve services to construction or building trades and may involve a small amount of screened, outdoor storage in appropriate zoning districts. Typical uses include shops or operating bases for plumbers, electricians, or HVAC (heating, ventilating, and air conditioning) contractors.

ee. Tavern/Lounge. A use engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, cocktail lounges, and similar uses other than a restaurant as that term is defined in this section.

ff. Vehicle Storage- Long Term. Storage of private parking tow-away or impound yards beyond forty (40) days but excluding dismantling or salvage.

gg. Veterinary Services. Veterinary services and hospitals for animals. Typical uses include pet clinics, dog and cat hospitals, pet cemeteries, and veterinary hospitals for livestock and large animals.

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6. Parking Use Types. Limited to Off-Street Parking Lots/Facilities, which include surface parking of motor vehicles on a temporary basis within a privately or publicly owned off-street parking facility.

7. Industrial Use Types. Industrial use types will be classified according to each use type’s impact on the surrounding area and community at-large. Industrial use types are the following:

a. Construction Yards. Establishments housing facilities of businesses primarily engaged in construction activities, including incidental storage of materials and equipment on lots other than construction sites. Typical uses are building contractor's yards.

b. Custom Manufacturing. Establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving: the use of hand tools, the use of domestic mechanical equipment not exceeding 2 horsepower, or use of a single kiln not exceeding 8 KW or equivalent. This category also includes the incidental direct sale to consumers of only those goods produced on site. Typical uses include ceramic studios, custom jewelry manufacturing, candle making shops.

c. Light Industry. Establishments engaged in the manufacture or processing of finished products from previously prepared materials, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution. These establishments are characterized by having no major external environmental effects across property lines and include no unscreened or un-enclosed outdoor storage. Typical uses include commercial bakeries, dressed beef processing plants, soft drink bottling, apparel assembly from fabrics, electronics, manufacturing, print shops and publishing houses.

d. General Industry. Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, storage, treatment or fabrication of materials and products from prepared materials or from raw materials without noticeable noise, odor, vibration, or air pollution effects across property lines.

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e. Heavy Industry. Enterprises involved in the basic processing and manufacturing of products, predominately from raw materials, with noticeable noise, odor, vibration, or air pollution effects across property lines; or a use or process engaged in the storage of or processes involving potentially or actually hazardous, explosive, flammable, radioactive, or other commonly recognized hazardous materials.

f. Recycling Collection. Any site which is used in whole or part for the receiving or collection of any post-consumer, non-durable goods including, but not limited to glass, plastic, paper, cardboard, aluminum, tin, or other recyclable commodities.

g. Recycling Processing. Any site which is used for the processing of any post-consumer, non-durable goods including, but not limited to glass, plastic, paper, cardboard, aluminum, tin, or other recyclable commodities.

h. Resource Extraction. A use involving on-site extraction of surface or subsurface mineral products or natural resources, excluding the grading and removal of dirt. Typical uses are quarries, borrow pits, sand and gravel operations, mining.

i. Salvage Services. Places of business primarily engaged in the storage, sale, dismantling or other processing of used or waste materials which are not intended for reuse in their original forms. Typical uses include automotive wrecking yards, junk yards, or paper salvage yards.

j. Warehousing. Uses including open air storage, distribution, and handling of goods and materials, but not including storage of hazardous materials. Typical uses include monument yards or open storage.

8. Transportation Use Types. Transportation use types include the use of land for the purpose of providing facilities supporting the movement of passengers and freight from one point to another.

a. Transportation Terminal. Facility for loading, unloading, and interchange of passengers, baggage, and incidental freight or package express, including bus terminals, railroad stations, public transit facilities.

b. Truck Terminal. A facility for the receipt, transfer, short term storage, and dispatching of goods transported by truck.

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9. Miscellaneous Use Types. The following shall be classified as Miscellaneous Use Types.

a. Alternative Energy Production Devices. The use of a site for the production of energy utilizing methods that do not involve the oxidation, combustion, or fission of primary materials. Typical uses include solar collector panels, geothermal energy installations, wind energy generation, or water powered mills or generating facilities.

b. Broadcasting Tower. A structure(s) for the transmission or broadcasting of radio, television, radar, or microwaves, ordinarily exceeding the maximum height permitted in its zoning district.

c. Amateur Radio Tower. A structure(s) for the transmission or broadcasting of electromagnetic signals by FCC-licensed Amateur Radio operators.

d. Construction Batch Plant. A temporary demountable facility used for the manufacturing of cement, concrete, asphalt, or other paving materials intended for specific construction projects.

e. Landfill (Non-putrescible Solid Waste Disposal). The use of a site as a depository for solid wastes that do not readily undergo chemical or biological breakdown under conditions normally associated with land disposal operations. Typical disposal material would include ashes, concrete, paving wastes, rock, brick, lumber, roofing materials and ceramic tile.

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f. Landfill (Putrescible and Non-putrescible Solid Waste Disposal). The use of a site as a depository for any solid waste except hazardous and toxic waste as defined by the Federal Environmental Protection Agency and/or the State of Iowa. Typical disposal material would include non-putrescible wastes; and putrescible wastes such as vegetation, tree parts, agricultural wastes (garbage) and manure.

C. Establishment of Zoning Districts. Zoning Districts are established in this Zoning Code to promote compatible land use patterns and to establish site development regulations appropriate to the purposes and specific nature of each district. Each Zoning District is designed to achieve the goals of the Comprehensive Plan. The following base districts and overlay districts are hereby established. A base district designation shall apply to each lot or site within the City and its planning jurisdiction. Each site must be in one base district. References in this Zoning Code to less intensive or more intensive districts shall represent a progression from the Single-Family Residential District as the least intensive to the Limited Industrial District as the most intensive. Table 1 displays the names of these districts. The Zoning Map attached as Exhibit A will serve as the Official Zoning Map to enact the establishment of Zoning Districts.

Table 1ZONING DISTRICTS DISTRICT NAMESSFR Single Family Residential District UDR Urban Density Residential District FMU Flexible Mixed Use DistrictTC Town Center DistrictHC Highway Corridor DistrictGC General Commercial and Industrial DistrictAR Agriculture Reserve DistrictPUD Planned Unit Development District

1. Single-Family Residential (SFR). This district is intended to provide for low to moderate density residential neighborhoods, characterized by single-family dwellings on relatively large lots with supporting community facilities and urban services. Its regulations are intended to minimize traffic congestion and to assure that density is consistent with the carrying capacity of infrastructure.

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2. Urban Density Residential (UDR). This district is intended to provide for medium-density residential neighborhoods, characterized by single-family dwellings on moderately-sized lots with supporting community facilities and urban services. Its regulations apply to established parts of the City and to new areas which are developed to higher residential densities. Regulations are intended to minimize traffic congestion and to assure that density is consistent with the carrying capacity of infrastructure.

3. Flexible Mixed-Use (FMU). This district is intended to recognize historical zones of transition between commercial and residential uses, but to provide general flexibility to allow for mixed uses. Desired uses include multiple-family housing, community facilities, commercial, and office uses. Uses that are more intense or less intense than the desired uses stated above shall be permitted by Special Exception Permit and the Board shall attach any conditions necessary to harmonize uses to the greatest degree possible.

4. Town Center (TC). This district is designed for the preservation and enhancement of the Town Center or Downtown Business District. The regulations will encourage development that exhibits attractive design characteristics, storefront-style shopping; and greater social interaction. The district will accommodate mixed-use buildings with retail, service, and office uses on the ground floor and residential units above the nonresidential space.

5. Highway Commercial (HC). This district is intended to be applied to sites fronting on major highways for uses and services normally associated with the traveling public. Highway Commercial areas should be designed so that all or most of the needs of the traveling public can be accommodated at one stop. Other uses include sales, services, and retail which serve the needs of markets ranging from several neighborhoods to the overall region. The district is further characterized by a need for adequate off-street parking.

6. General Commercial and Industrial (GCI). This district accommodates a variety of commercial and industrial uses, some of which have significant traffic, environmental, or visual effects. These uses may create land use conflicts with adjacent residential areas, requiring provision of adequate buffering. This district is most appropriately located along major arterial streets or in areas that can be adequately buffered from surrounding residences.

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7. Agriculture Reserve (AR). This district is intended to provide for the protection and preservation of agricultural land within the incorporated area of the City. As an urban area, intensive agriculture activity is not considered appropriate. These uses would adversely affect adjacent development. The district should protect agricultural areas that provide a stable and productive use until converted to urban land uses. Accessory uses would include the usual agricultural buildings and structures, provided all buildings or structures permanently housing livestock or poultry are located more than three hundred-twenty (320) feet from all property lines.

8. Planned Unit Development (PUD). This district is intended to provide for the development or redevelopment of land under the control and in accordance with a Master Plan and development guidelines and standards in which the land uses, transportation elements, building densities, arrangements, and types are set out in a unified plan, which may provide greater flexibility of land use, transfer of development rights within the PUD, and building locations than the conventional zoning district may permit. The PUD District is intended to maximize benefits from the use of open spaces, maximize aesthetics, encourage certain architectural standards for buildings, and permit mixed uses and diversity of bulk regulations without endangering the health, safety, welfare, and land value of surrounding and internal properties. A PUD may consist of a mix of land uses of residential, commercial, and limited industrial, provided such Planned Unit Development is compatible with the Comprehensive Plan of the City.

D. Land Use Regulations. Land uses shall be regulated by district. Table 2 below provides the permitted uses, special use exceptions, and prohibited uses for each zoning district.

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Table 2: Land Use Regulations

Agricultural Uses: SFR UDR FMU TC HCGC

I AR PUD Animal Production C Crop Production C C

Horticulture C C Intensive Agriculture

Residential Uses: SFR UDR FMU TC HCGC

I AR PUD Single-Family Detached P P C C P

Townhouse C P C P Multiple-Family P P C P

Upper-Story Residential P P C P Group Residential C C C P

Retirement Residential C C C P

Civic Uses: SFR UDR FMU TC HCGC

I AR PUD Administration C C C P P P P

Cemetery P P C P Clubs C P P P P

College/University C C C P P P P Convalescent Service P P P

Cultural Services C C P P P P P Day Care (Limited) P P P P P P P Day Care (General) C C P P P P P Detention Facilities

Emergency Res. Serv. C C P C C P Elder Family Home C C P P Elder Group Home C C P P

Family Home C C P P C C Group Care Facility C C P P C P

Group Home C C P P P P Guidance Services P P P P

Health Care C C P P P P Hospitals P P P P

Maintenance Facility P P P P P P Parks/ Recreation P P P P P P P Postal Facilities P P P P P P P Public Assembly P P P P PReligious Assembly C C P P P P

Safety Services C C C C C C C P Secondary Education C C C C C C C P

Utilities C C C C C C C P

Office Uses: SFR UDR FMU TC HCGC

I AR PUD General Offices P P P P P

Financial Services P P P P P Medical Offices P P P P P

Transportation Uses: SFR UDR FMU TC HCGC

I AR PUD Transportation Terminal C C P

Truck Terminal C C P

Miscellaneous Uses: SFR UDR FMU TC HCGC

I AR PUDAlternative Energy Production C C C C C C C P

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Commercial Uses:SFR

UDR

MFU

TC

HC

GCI

AR

PUD

Ag Sales/Service C P P P A&E: Auto Rental/Sales C C P P P

A&: Auto Services CP C P P P A&E: Body Repair C P P P

A&E: Equip Rental/Sales C P P P A&: Equipment Repair C P P P

Bed and Breakfast C C P P P P Business Support P P P P P

Business/Trade School P P P P P Campground P P P

Commercial Rec. Ltd. C P P P P Commercial Rec. (Gen.) C P P P P Communication Serv. C P P P P Construction Sale/Serv C P P P P

Consumer Service C P P P P Convenience Storage C P P P Food Sales (Conven) C C P P P

Food Sales (Ltd) C P P P P Food Sales (General) C P P P P

Funeral Service C C P P P Gaming Facility C C P P P

General Retail (Small) C P P P P General Retail (Large) C P P P P

Kennels C C P P P Laundry Services C P P P P

Liquor Sales C P P P P Motel/Hotel C P P P P

Personal Improvement C P P P P Personal Services C P P P P

Pet Services C P P P P Research Services C P P P P

Restaurants (Drive-in) C C P P P Restaurants (Gen) C P P P P

Restricted Businesses C C C Surplus Sales C C P P P

Tavern/Lounge C P P P P Trade Services C C P P P Vehicle Storage C P P P

Veterinary Services C C P P P

Parking Uses:SFR

UDR

MFU

TC

HC

GCI

AR

PUD

Off-Street Parking C C C C P

Industrial Uses:SFR

UDR

MFU

TC

HC

GCI

AR

PUD

Custom Manufacturing C C Light Industry C C

General Industry C C Heavy Industry C

Recycling Collection C Recycling Processing C Resource Extraction

Salvage Services Veh. Stor (Long- term) C C


Broadcasting Tower C C C Amateur Radio Tower C C C C C C C P

Construction Batch Plant C C C C C C C Landfill (Non-Purescible)

Landfill (Putrescible)

E. Development Standards. Development standards shall be regulated by district. Table 3 shall provide the development standards for each district and other provisions of this subsection shall provide exceptions or conditional modifications to those regulations.

Table 3: Minimum Development Standards

Use Types SFR UDR FMU TC HC GCI AR PUD

Min. Lot Area10,000 sq. ft. 6,000 sq, ft,

10,000 sq, ft 1,200 sq, ft 10,000 sq. ft.

7,200 sq. ft. 10 acres 9.9(5)(i)

Min. Lot Width (ft.) 60 40 80 20 80 60 200 9.9(5)(i)

Primary Structure Regulations (ft) SFR UDR FMU TC HC GCI AR PUDFront Yard 30 20 25 0 20 20 50 9.9(5)(i)Street Side Yard 30 20 25 0 20 20 50 9.9(5)(i)

Interior Side Yard 8 6 7 0 15 15 15 9.9(5)(i)

Rear Yard 30 20 25 0 10 10 50 9.9(5)(i)

Max. Building Height 35 35 35 35 35 35 35 9.9(5)(i)

Min. Building Width Note 3 Note 3 Note 3 Note 3 Note 3 Note 3 Note 3 9.9(5)(i)

Max. Building Coverage 35% 50% 50% 100% 70% 70% 5% 9.9(5)(i)

Max. Impervious Coverage 50% 60% 65% 100% 80% 90% 8% 9.9(5)(i)

Site Area per Housing Unit 7,500 sq. ft. 2,250 sq. ft. 500 sq. ft 500 sq. ft. 500 sq. ft. NA 10 acres 9.9(5)(i)

Accessory Structure Regulations (ft) SFR UDR FMU TC HC GCI AR PUDFront Yard Note 3 Note 3 Note 3 Note 3 Note 3 Note 3 Note 3 9.9(5)(i)

Street Side Yard 35 25 25 0 15 15 50 9.9(5)(i)

Interior Side Yard 7 7 7 0 0 0 50 9.9(5)(i)

Rear Yard 7 7 7 7 7 7 7 9.9(5)(i)

Max. Building Height 15 15 15 15 35 35 35 9.9(5)(i)

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Distance between Accessory and Primary Structure 7 7 15 15 15 15 15 9.9(5)(i)

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1. Planned Urban Development District. By design, the Planned Urban Development Zone (PUD) is intended to have great flexibility in terms of uses, setbacks, height restrictions, densities, and other specifications. PUD zoning must be requested upon forms provided by the City and be accompanied by an extensive plan, which must be reviewed and approved by the Commission and the Council in the same manner as an amendment to the Zoning Map.

2. Street Level Housing for Upper Story Housing Use in Town Center. Applicable to the Town Center (TC) district only, housing on the first floor of a structure is permitted provided that the residential use has no frontage, including entry, on the main street of the commercial district and provided that reasonable and adequate civic, commercial, or office space be provided with frontage on the main street of the commercial district. By necessity this exception would apply only to buildings not locate on the main street of the commercial district or located on corner lots with frontage on the main street of the commercial district.

3. Accessory Buildings. No accessory building shall be erected in any required yard other than a rear yard. Accessory buildings shall be set back at least seven (7) feet from any adjoining lot line or alley. On any corner lot, an accessory building shall conform to the setback requirements on the side street as well. An accessory building shall not occupy more than thirty (30) percent of the rear yard. Accessory buildings may not be connected by a breezeway to the principal building, or if connected, shall be considered part of the principal building. No accessory building shall be constructed upon a lot until the construction of the principal building has been commenced and no accessory building shall be used for any otherwise permitted use unless the principal building on the lot is also being used for purposes in conformance with this chapter.

4. Accessory Uses.

a. Permitted Accessory Uses. Accessory uses are permitted as follows:

i. Agricultural uses. The following are permitted accessory uses to permitted agricultural uses:

(i) Living quarters for persons regularly employed on the premises, but not including labor camps or dwellings for transient labor; or

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(ii) Guest houses, not rented or otherwise conducted as a business.; or

(iii) Limited Home-Based Occupations; or

(iv) Offices incidental to and necessary for conducting a permitted use; or

(v) Private garages, stables and barns; or

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

ii. Residential uses. The following are permitted accessory uses to permitted residential uses:

(i) Private garages and private parking areas; or

(ii) Private swimming pools exclusively for the use of residents of the premises and their non-paying guests and subject to any other regulations or ordinances of the City; or

(iii) Limited Home-Based Occupations.

iii. Civic, Office, Commercial, and Industrial Use.

(i) Accessory structures and uses necessarily, directly, and customarily associated with, and appropriate, incidental, and subordinate to the principal civic, office, commercial, or industrial uses shall be permitted where these use types are permitted; or

(ii) Private garages and private parking areas.

5. Foundation Requirements. Unless a requirement of Chapter 8.5 provides a more stringent requirement, structures that are at least two-hundred (200) square feet, but less than six-hundred (600) square feet, in size shall be securely attached to a foundation, footing or concrete slab. Structures that are more than six-hundred (600) square feet in size shall be securely attached to a frost free footing meeting building code requirements.

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a. Pier Footing Exception. Structures intended for human habitation may utilize a pier footing foundation system designed and constructed to be compatible with the structure and the conditions of the site. Said foundation system shall have visual compatibility with the permanent foundation systems of the surrounding residential structures. A permanent foundation shall not under any circumstances be construed as a conventional mobile home skirting.

6. Primary Structures Depth and Width. All primary structures must be at least twenty (20) feet wide on the frontage and at least twenty (22) feet deep for seventy-five percent (75%) of the width.

7. Temporary Structures. Generally, temporary structures will be regulated under the same regulations as permanent structures, subject to the following exceptions:

a. Tents. Any tent may be erected without a permit for private use for a time period not to exceed seven (7) days. A tent that will erected for a private event for a time period exceeding seven (7) days will require a permit and be subject to the regulations for accessory buildings, unless the tent is used for a limited-time event in which case the Administrator may permit the tent to be erected for thirty (30) days upon timely filing of a permit.

b. Modular Storage. Modular storage may be erected upon a property without a permit for private use for a time period not to exceed fourteen (14) days. The Administrator may permit the use of modular storage upon a property for up to thirty (30) days upon timely filing of a permit.

8. Height Exceptions, Appurtenances. The following appurtenances may exceed the prescribed height limit, except when they would violate the height restrictions of an aircraft approach and turning zone, provided they are normally required for a use permitted in the zone in which they are erected or constructed: flagpoles, chimneys, cooling towers, elevator bulkheads, belfries, penthouses for other than living purposes, grain elevators, stacks, silos, storage towers, observation towers, ornamental towers, monuments, cupolas, domes, spires, standpipes and other necessary mechanical appurtenances and their protective housing provided, however, that any of the above, except flagpoles and chimneys, when total height exceeds fifty feet (50’), shall be allowed only upon finding of the Board that such appurtenances will not be unduly detrimental to the surrounding property.

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9. Height Exceptions, Electronic Towers. Radio, television, microwave and other electronic transmission or receiving towers in excess of height limits may be allowed in any zone as a Special Exception, upon a finding by the Board that topographic or other physical considerations make it necessary that they be located outside of a zone where they are permitted as a matter of right and that the proposed tower or towers will not be unduly detrimental to surrounding property. Exceptions to height restrictions shall not be granted in cases where they would violate height restrictions of an airport approach and turning zone.

10. Yard Space Encroachments, Eaves. Eaves, cornices and similar features may extend one (1) foot into a required yard space, except that eaves may encroach three (3) feet into a yard space when such yard space is ten (10) feet or more in width. Additional yard space encroachment exceptions under this section may be approved by the Board under the Special Exception Permit process.

11. Yard Space Encroachments, Porches and Terraces. Open, uncovered porches or terraces equal to or lower than four (4) inches above grade of the lot on the side of the building where such porch or terrace is located, may extend into any required side yard. Additional yard space encroachment exceptions for covered porches higher than four (4) inches above grade may be approved by the Board under the Special Exception Permit process.

12. Yard Space Encroachments, Canopies. Awnings, canopies and marquees attached to and part of a building, may project into the front yard of all nonresidential districts no more than five (5) feet. Additional yard space encroachment exceptions under this section may be approved by the Board under the Special Exception Permit process.

13. Yard Space Encroachments, Porches. In residential zoning districts, a porch or vestibule which may be enclosed, may extend into a front yard a maximum of four (4) feet, plus not more than one foot of roof overhang; provided it does not exceed six (6) feet in length and shall not alter the front building line for future modifications or additions. Additional yard space encroachment exceptions under this section may be approved by the Board under the Special Exception Permit process.

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14. Yard Space Encroachments, Entry Steps. Entry steps may encroach into a required yard. Additional yard space encroachment exceptions under this section may be approved by the Board under the Special Exception Permit process.

15. Yard Space Encroachments, Fire Escapes and Chimneys. Open fire escapes, fireproof outside stairways, chimneys and flues may extend into the required rear yard and not more than three and one half (3.5) feet into a required side yard. Additional yard space encroachment exceptions under this section may be approved by the Board under the Special Exception Permit process.

16. Yard Space Encroachments, Fences. Fences and walls may be constructed in required yards. Additional yard space encroachment exceptions under this section may be approved by the Board under the Special Exception Permit process.

17. Yard Space Encroachments, Signs. Signs may be permitted in required yards provided no portion of any sign encroaches into a traffic visibility zone. Additional yard space encroachment exceptions under this section may be approved by the Board under the Special Exception Permit process.

F. Fences and Hedges Regulations.

1. Fences and Hedges, Corner Visibility. Except in zones allowing the construction of buildings to the property line, there shall be provided an unobstructed view across the triangle formed by joining points measured twenty-five (25) feet distance along the property line from the intersection of two (2) streets or fifteen (15) feet along both the street and alley line from the intersection of a street and an alley. Within said triangle there shall be no sight obscuring or partly obscuring wall, fence or foliage higher than thirty (30) inches above curb grade or in the case of trees, foliage lower than five (5) feet. Vertical measurement shall be made at the top of the curb on the street or alley adjacent to the nearest side of the triangle or if no curb exists, from the edge of the nearest traveled way.

2. Fences and Hedges, Other Than Corner. On portions of a lot not covered by street or alley intersection restrictions, the height of fences or structures of any length, and foliage continuous for five (5) feet or more, shall be limited to the following:

a. Forty-eight (48) inches along the street line of the front yard.

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b. Forty-eight (48) inches in any side yard from the front property line to the primary structure.

c. Seventy-two (72) inches in any rear yard or along any inside side yard past the front of the primary structure.

3. Fences and Hedges, Measurement Rule. Heights of fences, structures, hedges and other continuous foliage shall be measured from the adjacent top of the street curb, surface of an alley or the official established grade thereof whichever is the higher. The measurement for inside lot lines shall be from the average grade thereof, whichever is greater.

4. Fences and Hedges, Exception, Board. The Board may approve, or may direct as a condition for granting an appeal, that fences or plantings of a height in excess of these regulations be placed as shielding between different uses, or between like uses upon agreement as a Special Exception.

5. Material Regulations. Fences located in required front or street side yards in residential zoning districts shall be constructed of wood, vinyl coated chain link, composite materials made to look like wood or painted fencing, stone, or masonry materials only. Solid fences which have no openings shall not be permitted in required front or street side yards in residential zoning districts. Sheet metal shall not be an accepted fencing material in any zoning district. Barbed wire fences are not allowed within the City except in agricultural areas totaling more than 5 acres. Electrified fences are not allowed within the city.

6. Condition. All fences shall be maintained in neat and presentable condition. Fences shall not be allowed to be maintained in a condition suggestive of deterioration or inadequate maintenance.

G. Bufferyard and Screening Provisions. These provisions apply when a more intensive zoning district is adjacent to a less intensive zoning district.

1. Applicable Circumstances. When zoning districts of different intensities create conflicts between adjacent property owners, the owner of the use within the more intensive zoning district shall maintain a landscaped bufferyard on the property as set forth in Table 4 below. The Board may require additional bufferyard or screening as part of the site plan approval process.

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2. Screening Required. Screening is required when one or more of the following conditions exists. The owner of the property maintaining the specified condition shall be required to maintain the proper screening of the specified condition.

a. The property is required to provide a bufferyard by Table 4 and any of the following conditions is visible to a property in the less intensive district.

i. Rear elevation of buildings.

ii. Outdoor storage areas or storage tanks.

iii. Loading docks, refuse collection points, and other service areas.

iv. Major machinery or areas housing a manufacturing process.

v. Major on site traffic circulation areas or truck and or trailer parking.

vi. Sources of glare, noise, or other environmental effects.

b. A property in the Flexible Mixed Use district maintaining a civic, commercial, or office use and located adjacent to a residential use also located in the Flexible Mixed Use district.

Table 4: Bufferyard ProvisionsZoning District SFR UDR FMUFMU 20 ft 15 ft. N/AHC 30 ft 20 ft 15 ftGCI 40 ft 30 ft 20 ft

H. Parking Standards. The following parking regulations shall apply:

1. All driveways and parking lots in the City shall conform to the standards of the Iowa Statewide Urban Design and Specifications Design Manual, except that a gravel or pervious surface shall be permitted for parking under the following conditions:

a. A gravel or pervious surface roadway connects to the parking or driveway.

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b. The parking or driveway serves a commercial or industrial use where conforming parking is impractical and the Board has approved the gravel or pervious parking or driveway through the Site Plan Review Process, subject to any required mitigating factors.

c. An impervious driveway approach serves a residential use and the Mayor or Council’s designee has entered into a compliance agreement with the property owner to complete impervious parking improvements within a reasonable timeframe.

2. Parking for nonresidential uses may be permitted within required yards if necessary to provide sufficient space for off-street parking or loading, provided the parking is compliant with any other regulation of this section.

3. Parking shall be permitted in the required yards for residential uses, provided the parking is compliant with any other regulation of this section.

4. Uses in the Town Center Zoning District shall be exempt from off-street parking requirements due to the design of the district and availability of on-street public parking.

5. No addition to an existing building shall be constructed which reduces the number of spaces, area or usability of existing parking or loading space unless such building and its addition, conform with the regulations for parking and loading contained herein. Contractual agreements may be made between uses which generate parking demand at different times in such a manner that the requirements of more than one (1) use may be met by the same space, provided the parking demand for each such use involved is in fact met.

6. All off-street parking and loading spaces, access and aisles shall be paved with an improved surface such as concrete, asphalt, laid brick, or other impervious material. Low impact design measures, such as pervious forms of concrete, asphalt, and pavers may be acceptable with the approval of the Administrator.

7. The parking or storage of inoperable vehicles is prohibited on any lot or any public street or way, except in enclosed buildings or where otherwise permitted by this Zoning Code.

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8. The storage, keeping or abandonment of parts, including scrap metals, from motor vehicles or machinery, or parts thereof, is prohibited on any lot, parcel or tract of land or part thereof, except in enclosed buildings or garages or where otherwise permitted by this Zoning Code.

9. The storage or parking of any non-motorized vehicle, other than those equipped to motorized vehicles necessary for normal operation, in any public way, right-of-way, or in any required front yard shall not be permitted, except in the case of conforming commercial sales uses.

10. The parking or storage of any vehicle is permitted within an enclosed building when such building conforms to the regulations of its residential zoning district, unless such storage would violate other land use regulations of this Code.

11. Oversized vehicles shall not be stored on any lot, except in enclosed buildings or garages, or on any public street or way within a residential zoning district.

12. Parking and storage of recreational vehicles and boats within residential districts are subject to the following conditions:

a. Recreational vehicles and boats must be maintained in a clean, well-kept state.

b. Recreational vehicles and boats must be stored in the rear yard of lots where access to the rear yard is connected by a paved or gravel surface on a dedicated public right-of-way or alley. Recreational vehicles and boats may be stored in the front or side yards of lots where access to the rear yard is not connected by a paved or gravel surface on a dedicated public right-of-way and/or alley.

c. Recreational vehicles may be used as temporary housing by non-paying guests for a maximum of three consecutive days or fourteen days total during any calendar year. Cooking in the recreational vehicle is prohibited at all times.

d. Recreational vehicles may not be permanently connected to utilities on any parcel, nor shall utility connections disturb any public right-of-way.

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e. Recreational vehicles and boats may not be used for the storage of goods, materials, or equipment other than those items which pertain to the use of the vehicle.

f. Recreational vehicles and boats hauled on a trailer equipped to a conforming vehicle may be parked on a public street or way as necessary for loading or unloading for periods not exceeding 24 hours.

I. Reserved for Overlay District.

J. Reserved for Downtown Standards.

K. Signage Regulations. The following regulations shall apply to apply to all signage within the City:

1. District Regulations. Signage regulations shall be based upon district as applied below in Table 5.

2. Sign Permits. Signs shall be properly erected or attached to a structure and kept in good repair. Any lettering, logo, design, and other markings placed upon the sign shall be clear, distinct, readable, and maintained in that condition.

a. It is the duty of the Administrator to examine each application for sign permit. If the applicant has complied with the requirements of this section, and any other laws and ordinances of the City, the Clerk shall issue a sign permit to the applicant. In the event that none of the authorized work has been completed within six (6) months after the date of issuance of the permit, the permit shall become null and void.

b. Sign area shall only be calculated using the dimensions of one side of the sign.

c. No sign other than directional signs shall be placed within any bufferyard required by this section.

d. The Administrator has the authority to require any owner to remove any sign that is in violation of the provisions of this section, except legally nonconforming signs.

3. Prohibited Signs. The following signs are prohibited in all districts:

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a. Signs or sign structures which resemble or conflict with traffic control signs or devices, which mislead or confuse persons traveling on public streets, or which create a traffic hazard.

b. Signs on public property or public right-of-way, unless specifically authorized by the City.

c. Signs which create a safety hazard by obstructing the clear view of pedestrians or vehicles, or which obscure official signs or signals.

d. Discontinued signs.

e. Any sign or sign structure which is unsafe, constitutes a hazard to safety or health by reason of inadequate maintenance, support structure, dilapidation, or abandonment, is not kept in good repair, or is capable of causing electrical shocks to persons likely to come in contact with it.

f. Signs that are not constructed in a workmanlike manner or that are not constructed to the standards of sections of 8.3 and 8.5 of this chapter.

g. Signs advertising activities that are illegal under Federal, State, or Local laws and regulations.

h. Signs containing obscene, lewd, or indecent content.

i. Signs creating a nuisance due to manner or intensity of illumination or presence of blinking, flashing, or fluttering lights or other illuminating device that has a changing light intensity, brightness, or color.

4. Exempt Signs. The following exemptions shall apply:

a. Signs for organizations recognized as exempt from taxation under 26 U.S.C §501(c), also known as the Internal Revenue Code are exempt from the permit and fee regulations of this section.

b. One non-illuminated real estate sign per premises with a maximum size of twenty (20) square feet per premises are exempt from the permit and fee regulations of this section. Such signs shall have a maximum sign height of six feet and shall be located within the property advertised for sale or rent.

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c. Official signs authorized by a government or governmental subdivision which give traffic, directional, or warning information are exempt from the sign regulations of this section.

d. Non-illuminated construction signs with a maximum size of 32 square feet per site and located on a construction site are exempt from the permit and fee regulations of this section.

e. Political signs compliant with the regulations of the Iowa Ethics and Campaign Disclosure board are exempt from the sign regulations of this section.

f. Building numbers are exempt from the sign regulations of this section.

g. Incidental signs are exempt from the sign regulations of this section.

h. Signs which are not visible from a public right-of-way, private way, or court or from a property other than that on which the sign is installed are exempt from the sign regulations of this section.

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Table 5: Signage RulesType of Sign Permitted

Use DistrictsSpecial

ExceptionDistricts

Maximum Area/Height or Width Allowed

Setbacks Number Allowed Per Use

Number Allowed Per Site

Awning Sign MU, TC, HC, GCI, PUD

None 80% of valance area Same as Table 3 requires

1 1

Detached FMU, HC, GCI, PUD

TC 250 sq. ft., 35 ft. high max Same as Table 3 requires

1 1 per 200 feet of frontage

Directional Sign FMU, TC, HC, GCI, PUD

None 2 sq. ft. 5 ft. front and side 1 per 150 feet of frontage

Electronic Sign HC, PUD FMU, TC, GCI, PUD

250 sq. ft. or subject to CU Permit

Same as Table 3 requires

1 1 per 200 feet of frontage

Incidental Sign All Not applicable Not applicable Not applicable Not applicable Not applicableOff-Premises Sign Permitted by Special Exception in the TC, HC, and GCI districtsMonument Sign FMU, TC, HC,

GCI, PUDAll others 125 sq. f.t., 15 ft. high 5 ft. front and side 1 1 per 150 feet of frontage

Political Sign All political signs must conform to the rules and regulations of the Iowa Ethics and Campaign Disclosure Board or any successor body.Portable Sign TC None Max height 4 ft., max width

4 ft.May be placed in

right-of-way1 1

Projecting Sign TC, PUD FMU, 48 sq. ft. Same as for an awning, may project

into right-of-way

1 1

Residential Sign SFR, UDR, FMU, PUD

HC 6 sq. ft., 3 ft. high max 5 ft. front and side 1 1

Roof Sign HC, GCI, PUD FMU 150 sq. ft. Same as Table 3 requires

1 1

Temporary Sign All Not applicable 10 sq. ft. in UDR & SFR; 100 sw. ft. in other districts

5 ft. front and side Not applicable Not applicable

Wall Sign FMU, TC, HC, GCI, PUD

None 20% of Wall Total Same as Table 3 requires

1 per wall having street frontage

Not to exceed 20% of total wall area for each

wall having street frontage for all uses.

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8.9 Floodplain Management Ordinance. The purpose of this section is to minimize flood losses within the City by the following regulations: 1) Restricting or prohibiting uses which are dangerous to health, safety or property in times of flood or which cause excessive increases in flood heights or velocities, 2) requiring that uses vulnerable to floods, including public facilities which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement, 3) protecting individuals from buying lands which may not be suited for intended purposes because of flood hazard, 4) Assuring that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program.

A. General Provisions. The following shall apply:

1. Lands to Which Ordinance Apply. The provisions of this Ordinance shall apply to all lands and uses which have significant flood hazards. The applicable Federal Flood Insurance Rate Map (FIRM) shall be used to identify such flood hazard areas and all areas shown thereon to be within the boundaries of the 100-year flood shall be considered as having significant flood hazards. Where uncertainty exists with respect to the precise location of the 100-year flood boundary, the location shall be determined on the basis of the 100-year flood elevation at the particular site in question. The applicable County Flood Insurance Study is hereby adopted by reference and is made a part of this ordinance for the purpose of administering floodplain management regulations.

2. 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.

3. 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. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.

4. 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.

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5. 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 areas of significant flood hazard 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 there under.

6. Severability. If any section, clause, provision or portion of this Section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Section shall not be affected thereby.

B. Floodplain Management Standards

1. General Floodplain Standards. All uses must be consistent with the need to minimize flood damage and meet the following applicable performance standards. Where 100-year flood data has not been provided in the Flood Insurance Study, the Iowa Department of Natural Resources shall be contacted 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 will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determination.

a. All development within the areas of significant flood hazard shall:

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

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

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

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

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2. Residential buildings. All new or substantially improved residential structures shall have the lowest floor, including basement, elevated a minimum of one (1) foot above the 100-year flood level. Construction shall be upon compacted fill which shall, at all points, be no lower than 1.0 ft. 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 City Council, 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.

3. Non-residential buildings. All new or substantially improved non-residential buildings shall have the lowest floor (including basement) elevated a minimum of one (1) foot above the 100-year flood level, or together with attendant utility and sanitary systems, be flood proofed to such a level. When flood proofing is utilized, a professional engineer registered in the State of Iowa shall certify that the flood proofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 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 North American Vertical Datum 1988) to which any structures are flood proofed shall be maintained by the Administrator.

4. All new and substantially improved structures:

a. 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:

i. 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.

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

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

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

b. 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.

c. 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.

5. Factory-built homes. 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. 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.

6. Utility and Sanitary Systems.

a. 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.

b. 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 (1) foot above the 100-year flood elevation.

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c. 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 (1) foot above the 100-year flood elevation.

d. 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.

7. 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 (1) 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.

8. 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 ft. 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.

9. 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.

10. 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 area of significant flood hazard.

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11. Accessory Structures.

a. 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:

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

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

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

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

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

b. 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.

12. Recreational Vehicles.

a. Recreational vehicles are subject to the requirements regarding anchoring and elevation of factory-built homes unless the following criteria are satisfied:

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

ii. 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.

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

C. Special Floodway Provisions. In addition to the General Floodplain Standards, uses within the floodway must meet the following applicable standards. The floodway is that portion of the floodplain which must be protected from developmental encroachment to allow the free flow of flood waters. Where floodway data has been provided in the Flood Insurance Study, such data shall be used to define the floodway. Where no floodway data has been provided, the Department of Natural Resources shall be contacted to provide a floodway delineation. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determination.

1. No use shall be permitted in the floodway 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 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 drainage facility or system.

4. Structures, buildings and sanitary and utility systems, if permitted, shall meet the applicable General Floodplain standards 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.

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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 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.

D. Special Provisions for Shallow Flooding Areas. In addition to the General Floodplain Standards, uses within shallow flooding areas must meet the following applicable standards:

1. In shallow flooding areas designated as an AO Zone on the Flood Insurance Rate Map (FIRM), the minimum flood proofing/flood protection elevation shall be equal to the number of feet as specified on the FIRM (or a minimum of 2.0 ft. if no number is specified) above the highest natural grade adjacent to the structure.

2. In shallow flooding areas designated as an AH Zone on the Flood Insurance Rate Map, the minimum flood proofing/flood protection elevation shall be equal to the elevation as specified on the FIRM.

E. Administration. The Zoning Administrator (hereafter Administrator) is hereby appointed to implement and administer the floodplain regulations. Duties of the Administrator shall include, but not necessarily be limited to the following:

1. Review all floodplain development permit applications to assure that the provisions of this Section will be satisfied.

2. Review floodplain development applications to assure that all necessary permits have been obtained from Federal, State and Local governmental agencies including approval when required from the Department of Natural Resources for floodplain construction.

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3. Record and maintain a record of the elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of all new or substantially improved structures.

4. Record and maintain a record of the elevation (in relation to North American Vertical Datum 1988) to which all new or substantially improved structures have been flood proofed.

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

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

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

1. The permit application shall be made on forms furnished by the Administrator and shall include the following:

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, track, 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 North American Vertical Datum 1988) of the lowest floor (including basement) of buildings or of the level to which a building is to be flood proofed.

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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.

2. Action on Permit Application. The Administrator shall, within a reasonable time, make a determination as to whether the proposed floodplain 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 therefore. The Administrator shall not issue permits for variances except as directed by the Board of Appeals (hereafter the Board), which shall be the Board of Zoning Appeals created in Chapter 8.8(A)(2).

3. Construction and Use to be as Provided in Application and Plans. Floodplain Development Permits based 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, flood proofing, or other flood protection measures were accomplished in compliance with the provisions of this Section, prior to the use or occupancy of any structure.

G. Variances. The Board 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 sections.

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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.

6. The Board shall consider the following factors in passing upon applications:

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 services provided by the proposed facility to the City.

f. The requirements of the facility for a floodplain location.

g. The availability of alternative locations not subject to flooding for the proposed use.

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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 floodplain 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.

7. Conditions Attached to Variances. Upon consideration of the factors listed in Chapter 8.9(G)(6), the Board 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 of 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.

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e. Flood proofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Council shall require that the applicant submit a plan or document certified by a registered professional engineer that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

H. Nonconforming Uses. 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 six (6) 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 (50) percent of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this Section. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, provided that the alteration shall not preclude its continued designation.

I. 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.

J. Enforcement. The Administrator shall issue enforcement orders in writing. An enforcement order shall provide notice to the property owner or occupant of any violation by indicating the nature of the violation and the action necessary to correct it. The Administrator shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures, or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of its provisions. The following shall apply:

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1. Civil Action for Violations. If a person is in violation of this regulation, the Mayor or Council’s designee or other designated official shall seek any remedy provided for by Chapters 4.2, 4.5, or by civil action.

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

3. Other Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this ordinance, nothing herein contained shall prevent the City from taking other lawful action as is necessary to prevent or remedy any violation.

8.10 Subdivision Regulations. This section provides minimum standards for the design, development, and improvement of all plats, subdivisions, and re-subdivisions of land, so that existing developments will be protected, and so that adequate provisions are made for public facilities and services, and so that growth occurs in an orderly manner, consistent with the Comprehensive Plan.

A. The regulations of this section are in accordance with the provisions of chapter 354 of the Code of Iowa, and amendatory acts thereto, governing all plats and subdivisions in the City or within two (2) miles thereof. The following shall apply:

1. No plat or subdivision shall be recorded or filed with the County Auditor or County Recorder, nor shall any plat or subdivision have any validity until it complies with the provisions of this chapter and has been approved as prescribed herein.

2. The Council shall not permit any public improvements over which it has any control to be made, nor shall any City funds be expended for street maintenance, street improvements, or other services in any area that has been subdivided after October 6, 1970, unless such subdivision and streets have been approved in accordance with the provisions of this chapter and the street accepted by the Council as a public street.

3. No building permit and no certificate of occupancy shall be issued for any division unless such division has been approved.

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B. Approval Prior to Effectiveness of Recording. No subdivision plat, re-subdivision plat or street dedication within the City of Neola, Iowa, or within two (2) miles of the corporate limits of the City as recorded in the appropriate office of the County Recorder and filed with the appropriate County Auditor, as provided in Section 354.9, Code of Iowa, shall be filed for record with the appropriate County Recorder, or recorded by the appropriate County Recorder, until the plat of such subdivision, re-subdivision, or street dedication has been reviewed and approved in accordance with the subdivision regulations of the City.

C. Plat of Survey Review and Approval. Any division or combination of a tract, lot or parcel, not constituting a formal subdivision, shall be administratively reviewed and approved by the Administrator for compliance with zoning and subdivision regulations. A Plat of Survey shall be required. Prior to recording with the County Recorder, a division shall be certified as approved by the Zoning Administrator (hereafter Administrator).

D. Professional Survey. A licensed land surveyor and engineer shall make all plats required by this section.

E. Pre-Application Conference. The subdivider may present a sketch plan of a division or combination to the Administrator and Commission or Council for review, prior to incurring significant costs preparing the preliminary or final plat.

F. Minor Plat Process. The Administrator shall review a Minor Plat to assure that it is in full conformance with all applicable ordinances, rules, and regulations, and shall approve or disapprove the final plat accordingly.

G. Conformance with Comprehensive Plan and Zoning Regulations. The arrangement, character, extent, width, grade and location of all improvements, the general nature and extent of the lots, and uses proposed shall conform to the Comprehensive Plan and zoning regulations of the City and shall conform to such other plans, including but not limited to a Major Street Plan, a Sanitary Sewer System Plan, or a Parks and Open Space Plan, provided such plan has been adopted by the City.

H. Major Plat Process. In order to secure approval of a Major Plat, the sub-divider shall comply with the requirements for a preliminary plat and the requirements for a final plat.

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1. Preliminary Plat Requirements. The sub-divider of any tract of land to be subdivided as a “Major Plat” shall cause a preliminary plat to be prepared of the subdivision containing the information specified herein and shall file three (3) copies of the plat with the Clerk. The preliminary plat shall contain the following information:

a. A location map showing:

i. The subdivision name.

ii. An outline of the area to be subdivided.

iii. The existing streets and town utilities on adjoining property.

iv. North point and scale.

2. A preliminary plat of the subdivision drawn to the scale of one hundred feet (100') to one inch (1”), said preliminary plat to show:

a. Legal description, acreage and name of proposed subdivision.

b. Name and address of the owner.

c. Name of person who prepared the plat, and date thereof.

d. North point and graphic scale.

e. Contours at two foot (2') intervals, based on City datum.

f. Location of existing lot lines, streets, public utilities, water mains, sewers, drain pipes, culverts, watercourses, bridges, railroad and buildings in the proposed subdivision.

g. Layout of proposed blocks, if used, and lots including the dimensions of each, and the lot and block number in numerical order.

h. Location and widths, other dimensions and names of the proposed streets, alleys, roads, utility and other easements, parks and other open spaces or reserved areas.

i. Names of adjacent property owners.

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j. Grades of proposed streets and alleys.

k. A cross-section of the proposed streets showing the roadway location, the type of curb and gutter, the paving and sidewalks to be installed.

l. The layout of proposed water mains and sanitary sewers.

m.The drainage of the land including proposed storm sewers, ditches, culverts, bridges and other structures.

n. Proposed building lines, if different than the yard requirements established in the Zoning Regulations.

3. Preliminary Plat Review by Commission. The Clerk shall immediately transmit two (2) copies of the preliminary plat to the Planning Commission for study and recommendation. The Commission shall examine the preliminary plat as to its compliance with this chapter, and the comprehensive plan of the City and shall have forty-five (45) days within which to submit a recommendation to the Council, provided that the owner or developer may agree to an extension of time not to exceed sixty (60) days.

4. Preliminary Plat Review by Council. The Council, upon receipt of the Commission's recommendation, or after the forty-five (45) days, or any extension thereof shall have passed, shall by resolution grant approval to or reject the preliminary plat, and such action shall be noted on all copies and tracings of the plat on file with the City. Approval of preliminary plat by the Council shall constitute approval to proceed with preparation of the final plat but shall not be deemed approval of the subdivision.

5. Final Plat Process. The sub-divider shall submit to the City four (4) copies of a final plat containing the necessary information for approval. The final plat shall conform to the preliminary plat approval and to this Code and the required public improvements shall be completed or assurance provided for their completion. The following shall also apply:

a. Requirements of the Final Plat. The final plat shall conform to the requirements of Chapter 355 of the Code of Iowa, and shall be clearly and legibly drawn to a scale of not more than one hundred (100) feet to one (1) inch with permanent ink on a reproducible tracing material. It shall show:

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i. The title under which the subdivision is to be recorded.

ii. The linear dimensions in feet and decimals of a foot of the subdivision boundary, lot lines, streets and alleys. These should be exact and complete to include all distances, radii, arc, chords, points of tangency and central angles.

iii. Street names and clear designations of public alleys. Streets that are continuations of present streets should bear the same name. If new names are needed, they should be distinctive.

iv. Location, type, materials, and size of all monuments and markers including all U.S., county or other official bench marks.

v. The signature and acknowledgement of the subdivision land owner and the subdivision land owner's spouse.

vi. A sealed certification of the accuracy of the plat and that the plat conforms to section 354.8 of the Code of Iowa by the professional engineer or land surveyor who drew the final plat.

b. Final Plat Attachments. The final plat shall have the following attached to it:

i. A correct description of the subdivision land.

ii. A certificate by the owner and the owner's spouse, if any, that the subdivision is with the free consent, and is in accordance with the desire of the owner and spouse. This certificate must be signed and acknowledged by the owner and spouse before some officer authorized to take the acknowledgements of deeds.

iii. A complete abstract of title and an attorney's opinion showing that the fee title to the subdivision land is in the owner's name and that the land is free from encumbrances other than those secured by an encumbrance bond.

iv. A certificate from the County Treasurer that the subdivision land is free from outstanding property tax liens and obligations.

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v. A certificate from the Clerk of District Court that the subdivision land is free from all judgments, attachments, mechanics or other liens of record in the Clerk's office.

vi. A certificate from the County Recorder that the title in fee is in the owner's name and that it is free from encumbrances other than those secured by an encumbrance bond.

vii. A certificate of dedication of streets and other public property.

viii. A statement of restrictions of all types that run with the land and become covenants in the deeds of lots.

ix. Resolution and certificate for approval by the Council and for signatures of the Mayor and the Clerk.

x. Profiles, typical cross sections, and specifications of street improvements and utility systems, to show the location, size and grade. These should be shown on a fifty (50) foot horizontal scale and a five (5) foot vertical scale with west or south at the left.

xi. A certificate by the City Engineer that all required improvements and installations have been completed, or that a performance bond guaranteeing completion has been approved by the City Attorney and filed with the Clerk.

xii. The encumbrance bond, if any, as specified in sections 354.11 and 354.12, Code of Iowa.

c. Improvements Required. The sub-divider shall, at sub-divider's expense, install and construct all improvements required by this chapter. All required improvements shall be installed and constructed in accordance with the design standards established for such improvements by the City, and as shown on the approved preliminary plat. All improvements shall be inspected by the City Engineer to insure compliance with the requirements of this chapter. Laboratory and field tests shall be taken when necessary. The cost of such inspection shall be borne by the sub-divider and shall be the actual cost of the inspection to the City. The improvements set forth below shall be considered the minimum improvements necessary to protect the public health, safety and welfare:

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i. Streets. The sub-divider shall grade and improve all new streets between the right-of-way lines within the subdivided area. The paving of such new streets shall be built according to the City’s adopted standards and specifications. Minimum pavement widths shall be in accordance with adopted City standards.

ii. Improvement to Adjacent Streets. The sub-divider shall be responsible for improvements to any adjacent street(s) made necessary by the proposed subdivision.

iii. Sanitary Sewers. The sub-divider shall construct sanitary sewers according to the standards and specifications of the City, and provide a connection for each lot to the sanitary sewer. Where existing sewer outlets are not within reasonable distance, installation of private sewer facilities or septic tanks may be permissible as a temporary measure pending future sewer service. In situations of on-site sewage disposal, the sub-divider shall provide to the City appropriate permits issued by the appropriate County or the Iowa Department of Natural Resources.

iv. Storm Sewers and Drainage ways. All storm drainage flowing through the site and from within the site shall be conveyed through storm drains and appurtenant facilities. The facilities shall be constructed in accordance with the City’s standards and specifications for storm drains.

v. Water Mains. The sub-divider shall provide for the installation of water mains and fire hydrants in the subdivided area, and such installation shall be made prior to the street pavement construction and shall be in accordance with the standards and specifications of the City.

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vi. Sidewalks. The sub-divider shall provide for the installation of sidewalks along all newly created lots, including sidewalks on adjacent existing streets. The sidewalks shall be built according to the standards and specifications of the City. The sub-divider shall indicate in the application for approval of a preliminary or final plat those sidewalks that will be constructed at the time of installation of public improvements, and those that the sub-divider would like the Council to defer until a later date. If the Council agrees to defer construction of the sidewalks, sidewalks shall be constructed at the time a principal structure is build upon the adjacent lot or lots or within five (5) years of plat approval, whichever is earlier. Notwithstanding the above, the Council may require the sidewalk’s construction at the time adjacent roadway construction takes place or at any other time as noted in the final plat approval. At the time sidewalk construction is required as provided above, such construction shall be completed at the sole cost and expense of the person or entity that owns the property or lot at the time of construction.

vii. Street Signs. The City shall furnish and cause to be erected at all intersections, street identification signs, and posts in accordance with standards approved by the Council. The sub-divider shall reimburse the City for all costs associated with the purchase and installation of the required street signs.

viii. Streetlights. Installation of streetlights shall be required in accordance with design and specification standards approved by the City. Plans for steel pole streetlights with underground distribution shall be submitted by the sub-divider to the City for approval. The sub-divider shall pay the cost of streetlights with underground distribution lines.

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ix. Private Utilities. All private utilities, including but not limited to, gas, electric power, telephone, and cable TV lines shall be located underground throughout all residential zoning districts. The availability of these facilities and their existing location shall be shown on the preliminary plat. The sub-divider shall be responsible for complying with the utility requirements of this Code. The sub-divider shall also be responsible for making the necessary arrangements including any construction or installation charges with each of the serving utilities. Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, and other facilities necessarily appurtenant to such underground utilities shall be underground if possible. Such facilities shall be placed within easements or public rights-of-way provided for each particular facility. Overhead utilities with underground service lines may be permitted in commercial and industrial zoning districts.

x. Fencing and Screening. The sub-divider shall furnish and install fences and screening required by zoning regulations or otherwise required by the Council.

d. Easements. The sub-divider shall provide the following easements:

i. Utilities. Where alleys are not provided, or where otherwise required by the present or future placement of public utilities, easements of not less than ten (10) feet in width shall be granted by the owner along rear, and where necessary, alongside lot lines for public utility requirements. Except where prohibited by topography, such easements shall be centered on lot lines. Easements of greater width may be required along lot lines, or across, lots when necessary for the placement and maintenance of utilities. No buildings or structures, except as necessary for utilities, shall be permitted on such easements.

ii. Watercourses. Wherever any stream or surface watercourse is located in an area that is being subdivided, the sub-divider shall, at said sub-divider's expense, make adequate provisions for the proper drainage of surface water and shall provide and dedicate to the City an easement along said stream or watercourse as necessary for the proper maintenance of the watercourse, and as approved by the City.

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e. Performance Bond In Lieu of Improvements. The completion requirement may be waived in whole or in part if the sub-divider will post a performance bond with the Council guaranteeing that improvements not completed will be constructed within a period of one (1) year from final acceptance of the plat, but final acceptance of the plat will not constitute final acceptance by the City of any improvements to be constructed. Improvements will be accepted only after their construction has been completed, and no public funds will be expended in the subdivision until such improvements have been completed and accepted by the City.

f. Maintenance Bond. The sub-divider shall warrant the design, material, workmanship, installation, and/or construction of required improvements for a period of two (2) years from and after acceptance of the roadway paving, and two (2) years for sanitary sewers, storm sewers and water mains. Such warranty shall be by bond or other acceptable collateral, shall be subject to review by the City Attorney, and shall specifically assure the expedient repair or replacement of defective improvements under warranty; and shall indemnify the City from any and all costs or losses resulting from, attributed to, or otherwise arising from such defective improvements. The contractor may post the required maintenance bond in lieu of the sub-divider.

g. Review and Recommendation by Planning Commission. The Planning Commission shall examine the final plat and accompanying material for conformity with these regulations and the approved preliminary plat. The Planning Commission may confer with the sub-divider on changes deemed advisable and the extent of such improvements to be made by the sub-divider. The Planning Commission shall make a recommendation to approve, conditionally approve, or reject such plat within sixty (60) days after the date of receipt by the Commission.

h. Consideration by Council. The Council shall not consider a final plat until receipt from the sub-divider of a title opinion, tax certificate, easements, deeds, lender’s certificates, and other information to the satisfaction of the City Attorney. If the Commission does not recommend approval of the final plat, the Council may approve said plat only by a four-fifths majority of the membership of the Council. The Council will approve the plat via a resolution that shall be recorded with the plat. The Clerk shall seal the approved final plat.

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i. Duty to Record. Upon approval of the final plat by the Council, it shall be the duty of the sub-divider to immediately file such plat with the County Auditor and County Recorder, as required by law. Such approval shall be null and void after thirty (30) days, unless such plat has been duly recorded and evidence thereof filed with the Clerk within such thirty (30) days.

6. Acceptance of Public Improvements. Approval of the final plat by the City does not constitute final acceptance by the City of any improvements to be constructed, unless specifically stated in the resolution approving the final plat. Improvements will be accepted only after their construction has been completed and inspected by appropriate City personnel certifying the improvements have been completed in conformance with standards and specifications and all other requirements of the City. The City Council may accept all streets, utilities, alleys, easements, parks or other areas reserved for or dedicated to the public. Upon completion of the improvements as required in this chapter, the City Council may accept the improvements by resolution, at which time the City will assume maintenance of the improvements.

7. Variances. Where in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirement of this chapter would result in extraordinary hardship to the sub-divider, because of unusual topography or other conditions, the Council may vary, modify or waive the requirements so that substantial justice may be done and the public interest secure. The Council may also vary, modify or waive the requirements so that natural resources and drainage ways located within a proposed subdivision may be preserved. Under no circumstances shall such variance, modification or waiver have the effect of nullifying the intent and purpose of this chapter. Such variances and waivers may be granted only by the affirmative vote of three-fourths (3/4) of the members of the Council.

8. Fees. All plat applications shall be accompanied by the appropriate fee as established in chapter 10.

9. Civil Action for Violations. If a person is in violation of this regulation, the Mayor or Council’s designee or other designated official shall seek any remedy provided for by chapters 4.2, 4.5, or by civil action.

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10. Denial of Building Permit. No building permit shall be issued for construction on any lot, parcel, or tract, where a subdivision is required by this section, unless and until a final plat of such subdivision has been approved and recorded in accordance with this section, and until the improvements required by this Chapter have been accepted by the City.

11. Plats Outside Corporate Limits. Procedure for approval of preliminary and final plats of land within two (2) miles of the corporate limits shall be the same as set out in this chapter, except that five (5) copies of the plat shall be filed with the Clerk. The Clerk shall refer two copies to the County and request the County recommendations to be submitted to the Commission. The Commission shall not take action on the plat prior to receiving the recommendations of the County, provided that the County shall submit its recommendations within thirty (30) days after the referral of the plat to the County.

12. Public Parkland Requirement. Any developer who seeks to develop land for residential purposes within the City may be required to dedicate public parkland.

8.11 Tree Regulations. The purpose of this section is to regulate the planting and maintenance of trees within the City.

A. Authority of City Generally. The City shall have jurisdiction over all trees and other planting on City property and public right-of-way within the City.

B. Trimming and Removal. The following shall apply:

1. City Rights Reserved. The City expressly reserves and asserts its rights to at any time trim or remove, or cause to be trimmed or removed, any tree now or hereafter planted along any publicly owned property or right-of-way whenever the City deems such trimming or removal necessary. An abutting property owner shall not be paid compensation for claimed damages resulting from loss of view, ambiance, shade, or aesthetic appearance which is related to the City tree trimming or removal or trees located along any street or public way.

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2. Abutting Owner Responsibilities. The City may require an abutting property owner to maintain and trim trees located along on publicly owned property or right-of-way, but the abutting property owner shall not be required to remove diseased trees or dead wood on the publicly owned property or right-of-way.

C. Planting Restrictions. No tree shall be planted in any parking or public right-of-way except in accordance with the following:

1. Permit Required. No person shall plant a tree within the parking or public right-of-way without first obtaining a permit therefore, which shall show the type of tree to be planted and the placement of the tree. The application for a permit shall not be considered until the applicant has staked the exact location for the proposed street tree and has obtained permission to dig in such exact location from all concerned utilities. The approval of the permit shall be based upon the existing number, location in relation to other trees and utilities, and species of other street trees.

2. Approved Tree and Shrub Species List. The Council shall approve an Approved Trees and Shrub Species List. All plantings must be of a species included on the Approved Trees and Shrub Species List.

D. Trees on Private Property. The property owner is responsible for the maintenance and care of any tree located on private property. Whenever the City is notified or becomes aware of a dead tree or broken or dead branch or limb in any private tree, the Mayor or Council’s designee or other authorized official may declare the tree, branch or limb a nuisance and order the property owner to remove the hazard in an expedient manner.

1. Notice. The notice to remove trees on private property shall contain:

a. Description of Nuisance. A description of the nuisance tree; and

b. Location of Nuisance. The location of the nuisance tree; and

c. Acts Necessary to Abate. A statement of the act or acts necessary to abate the nuisance; and

d. Reasonable Time. A reasonable time within which to complete the removal; and

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2. Right to Hearing. A statement that the owner has a right to a hearing before the Mayor or Council’s designee, or his or her designee, by filing a written request therefore with such officer within a reasonable time; and

a. Assessment of City Costs. A statement that if the tree is not removed as directed and no request for hearing is made within the time prescribed, the City will abate it and assess the costs against such person.



b. Certified mail to the property owner. By certified mail to the property owner of record and any persons in possession of the property. If a certified mailing has not been signed for by the property owner within (ten) 10 days of mailing, reasonable notice will be considered to have been given; or



4. Request for Hearing. Any person ordered to remove a nuisance tree may have a hearing with the Mayor or Council’s designee, or his or her designee, as to whether a nuisance exists. The following shall apply.

a. A request for a hearing must be made in writing and delivered to the Clerk, within the reasonable time stated in the notice, or it will be conclusively presumed that a nuisance exists and it must be abated as ordered.

b. The Mayor or Council’s designee, or his or her designee, shall serve as the hearing officer and the Clerk shall serve as secretary for the hearing.

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c. The hearing will be conducted according to the provisions of chapter 1.11 of this Code.

d. The findings of the hearing officer shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time under the circumstances.

e. Any person requesting a hearing will have the right to appeal for further review and decision to the appropriate Iowa District Court within fourteen (14) days of the final orders of the hearing officer.

5. Emergency Abatement. If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance tree, the City may perform any action which may be required under this Chapter without prior notice.

8.12 Peddlers, Solicitors, and Transient Merchant Regulations. The purpose of this section is to regulate peddlers, solicitors, and transient merchants within the City. The following shall apply:

A. License Required. Peddlers, solicitors, and transient merchants shall obtain a license as herein provided and any person who engages in any such conduct without obtaining a license shall be in violation of this chapter. The following shall apply:

1. Form of License. An application in writing shall be filed with the Clerk for a license under this chapter. Such application shall set forth the applicant's name, permanent and local address, business address, if any, physical description, recent photograph, and a right thumb print. The application shall also set forth the applicant's employer, if any, and the employer's address, the nature of the applicant's business, the last three places of such business, and the length of time sought to be covered by the license.

2. License Fee. A license fee shall be established in chapter 10 of this Code.

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3. Bond Required. At the time of filing of the application and as a part thereof, the applicant shall file with the Clerk a bond, with sureties to be approved by the Clerk, in a penal sum of Five Thousand Dollars ($5,000.00) running to the City, for the use and benefit of any purchaser of any merchandise from such transient merchant who might have a cause of action of any nature arising from or out of such sale against the applicant or his employer. The bond is to be further conditioned for the payment of any fines that may be assessed by any court against the applicant for a violation of this chapter, and further conditioned for the payment and satisfaction of any and all causes of action against the applicant commenced within one year from the date of sale of any merchandise. The aggregate liability of the surety for all fines and causes of action shall not exceed the principal sum of the bond.

4. Display of License. Each licensee shall at all times while doing business in this City keep in his or her possession the license, and shall, upon the request of prospective customers, exhibit the license as evidence that he or she has complied with all requirements of this chapter.

5. Not Transferable. Licenses issued under the provisions of this chapter are not transferable in any situation and are to be applicable only to the person filing the application.

6. Hours of Operation. All licenses shall provide that said licenses shall be in force and effect only between the hours of nine (9) o'clock a.m. and five (5) o'clock p.m.

7. Revocation of License. After notice and hearing under chapter 1.11 of this Code, the Mayor or Council’s designee or other authorized officer may revoke any license for fraudulent practices, violation of law, or as is reasonable to protect public safety, health, and welfare.

8. Rebates. No licensee shall be entitled to a rebate of any part of the fee he or she has paid if the licensee surrenders his or her license before it expires.

B. Exemptions. The following are excluded from the application of this chapter, although the Clerk may request information from the organizations sufficient to verify applicability of this section and to identify representatives of the organization:

1. Newspapers. Individuals delivering newspapers.

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2. Club Members. Members of local Boy Scout, Girl Scout, Campfire Girls, 4-H Clubs, Future Farmers of America and similar organizations.

3. Farmers. Farmers who offer for sale products of their own raising.

4. Students. Students representing area schools or school districts conducting projects sponsored by organizations recognized by the schools.

5. Milk and Food Delivery. Milk and food delivery persons who only incidentally solicit additional business or make special sales.

6. Resale or Institutional Use. Persons customarily calling on businesses or institutions for the purposes of selling products for resale or institutional use.

7. Nonprofit Organizations. Religious organizations or charitable organizations which recognized as exempt from taxation under 26 U.S.C §501(c), also known as the Internal Revenue Code are exempt from the permit and fee regulations of this section.

8.13 Vacant Building Registration. All qualifying vacant buildings must register with the Vacant Building Program.

A. All classes of buildings that have one or more of the following conditions are vacant for the purposes of the Vacant Building Program:

1. Any property unoccupied and subject to a mortgage which is in default or that has been foreclosed by and is owned by a mortgage lender; or

2. Any property unoccupied for ninety (90) days or more, unless the property has been seasonally vacated by the owner; or

3. Any property with any housing maintenance, fire, or building code violations which require the property to be unoccupied for safety purposes.

B. The registrant must provide contact information related to the building owner or property Mayor or Council’s designee, disclose all lienholders on the property, provide a Vacant Building Plan indicating how the property will be reoccupied and kept in compliance with various codes, or demolished, and pay any fees required by chapter 10.

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Chapter 9: Definitions

9.1 Definitions. Unless defined in this chapter, terms used within this Code will be construed according to common meaning.

9.2 Abandoned Animal. Leaving an animal for a period in excess of twenty-four (24) hours without appropriate provisions having been made for the feeding, watering, and care of such animal as provided in Chapter 7.

9.3 Abutting. Having lot lines or district boundaries in common, including property separated by a public street or alley. Used interchangeably with adjacent.

9.4 Accessory Structure. A structure which is incidental to and customarily associated with a specific principal use or building on the same site.

9.5 Accessory Use. A use which is incidental to and customarily associated with a specific principal use on the same site.

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

9.7 Addition. Any construction which increases the size of a building or structure in terms of site coverage, height, length, width, or gross floor area.

9.8 Adequate Food. Food that is not spoiled or contaminated and is of sufficient quantity and quality to meet the normal daily requirements for the species, condition and size of the animal and the environment in which it is kept.

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9.9 Adequate Shelter. Adequate protection from the elements and weather conditions suitable for the age, species, and physical condition of the animal so as to maintain the animal in a state of good health. When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all animals kept outdoors to protect themselves from the direct rays of the sun. All animals kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow. Shelter shall be provided for all animals kept outdoors when the atmospheric temperature falls below fifty (50) degrees Fahrenheit. Sufficient clean bedding material or other means of protection from the weather shall be provided when the ambient temperature falls below that temperature to which the species is acclimated. A suitable method shall be provided to rapidly eliminate excess water from the living area of the animal. Shelter for a dog shall include one or more of the following:

A. The residence of the dog's owner or other individual.

B. A doghouse that is an enclosed structure with a roof and of appropriate dimensions for the breed and size of the dog.

C. A structure, including, but not limited to, a garage, barn, or shed that is sufficiently insulated and ventilated to protect the dog from exposure to extreme temperatures or, if not sufficiently insulated and ventilated, contains a doghouse that is accessible to the dog.

D. When a dog is confined outside a residence, the following minimum space requirements shall be used:

Dog Size Inches at Withers Weight Pen SizeSmall 11.99 inches or less 19.99 lbs or less 24 Sq. Ft.Medium 12 to 19.99 inches 20 to 49.99 lbs. 32 Sq. Ft.Large 20 to 25.99 inches 50 to 74.99 lbs. 40 Sq. Ft.Extra Large 26 inches or more 75 lbs or more 48 Sq. Ft.

E. An additional 16 square feet shall be required for each dog sharing a pen with another dog. The minimum pen size includes a shelter.

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9.10 Adequate Water. Water that is clean, uncontaminated, in liquid form and is of sufficient quantity and quality to meet the normal daily requirements for the species, condition and size of the animal and the environment in which it is kept. An uncontaminated pond, stream or river is considered adequate water for livestock. Water must be reachable by the animal. Snow and ice are not considered an adequate water source.

9.11 Aliquot Part. A fractional part of a section within the United States public land survey system. Only the fractional parts one-half, one-quarter, one-half of one-quarter, or one-quarter of one quarter shall be considered an aliquot part of a section.

9.12 Alley. Public property dedicated to public use primarily for vehicular access to the back or side of properties otherwise abutting on a street.

9.13 Alteration. Any construction or physical change in the internal arrangement of spaces, the supporting members, the positioning on a site, or the appearance of a building or structure.

9.14 Altered. An animal that is either spayed or neutered.

9.15 Animal. Any member of the animal kingdom except human beings.

9.16 Animal Shelter. A facility which is used to house or contain dogs, cats, or other animals, and which is owned, operated or maintained by the City or which boards such animals as a service-for-fee to the City.

9.17 At Large. Off the premises of the owner or custodian, whether by accident, design, or otherwise.

9.18 Attached. Having one or more walls in common with a principal building or connected to a principal building by an integral architectural element, such as a covered passageway, facade wall extension, or archway.

9.19 Auditor's Plat. A sub-division plat required by either the Auditor or the Assessor, prepared by a surveyor under the direction of the auditor.

9.20 Awning Sign. A sign which is part of or attached to a retractable shelter supported entirely from the exterior wall of a building and composed of non-rigid materials, except for a supporting framework.

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9.21 Base Flood. The flood having one (1) percent chance of being equaled or exceeded in any given year. (See 100-year flood).

9.22 Basement. Any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides. Also see "lowest floor."

9.23 Bite. Any puncture, laceration, abrasion, scratch or any other break in the skin of a human, caused by an animal.

9.24 Block. An area of land within a subdivision that is entirely bounded by streets, railroad rights-of-way, rivers, tracts of public land, or by streets and the exterior boundaries of the subdivision, or by a combination of the above with a watercourse or lake, and which has been designated as such on a plat for the purposes of legal description of a property.

9.25 Board of Health. The Board of Health of the appropriate County government.

9.26 Boat. Any vehicle that is designed or intended to operate on any body of water and can be propelled by such motive power as oars, paddles, wind or engine. This definition shall be interpreted to include all personal watercraft.

9.27 Bufferyard. A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.

9.28 Building Coverage. The area of a site covered by buildings or roofed areas, excluding allowed projecting eaves, balconies, and similar features.

9.29 Business District. Business District means the territory contiguous to and including a highway when fifty percent (50%) or more of the frontage thereon for a distance of three hundred (300) feet or more is occupied by buildings in use for business.

9.30 Cat. Members of the Felis domesticus species, male or female, altered or unaltered.

9.31 Chapter. Refers to a specific chapter of this City Code in which a specific subject is covered and bears a descriptive title word.

9.32 City. The City of Neola, Iowa.

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9.33 City Engineer. The professional engineer registered in the State of Iowa designated as City Engineer by the City Council.

9.34 City Property. City property is any property, including public right-of-way, owned or controlled by the City.

9.35 Clerk. The City Clerk of the City.

9.36 Code. The “2018 Neola City Code.”

9.37 Comprehensive Plan. The general plan for the development of the community, which may be titled master plan, comprehensive plan or some other title, which plan has been adopted by the Council. Such "Comprehensive Plan" shall include any part of such plan separately adopted, and any amendment to such plan or parts thereof.

9.38 Conditional Use Permit. The Conditional Use Permit process provides for Planning Commission review and Board of Adjustment discretion for uses within zoning districts which have unusual site development or operating characteristics that could adversely affect surrounding properties. Conditional Use Permits may be denied or granted at the discretion of the Board of Adjustment and shall impose special conditions upon the use to improve its compatibility with the surrounding neighborhood.

9.39 Constitution. The Constitution of Iowa or the Constitution of the United States or both depending upon the context of the usage.

9.40 Conveyance. An instrument filed with a Recorder as evidence of the transfer of title to land, including any form of deed or contract.

9.41 Council. The City Council of the City, Iowa.

9.42 County. Means any County in which the City has incorporated territory.

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

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9.44 Dangerous Animals. Defined as the following:

A. Any animal which is not naturally tame or gentle, which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon or causing disease among human beings or domestic animals and having known tendencies as a species to do so; or

B. Dangerous dogs, defined as the following:

1. Any dog which has attacked a human being or domestic animal one or more times, without provocation, as determined by the Animal Control Official;

2. Any dog with a history, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or domestic animals, as determined by the Animal Control Official;

3. Any dog that has been cited for running “at large” three times in one year; or

4. Any dog that has been trained for dog fighting, animal fighting or animal baiting, or is owned or kept for such purposes;

5. Any dog trained to attack human beings, upon command or spontaneously in response to human activities except dogs owned by and under the control of the police department, a law enforcement agency of the State of Iowa or the United States or a branch of the armed forces of the United States.

C. The following animals, which are deemed to be dangerous animals per se:

1. Canidae: e.g. wolves, wolf-dog hybrids, coyotes, coyote-dog hybrids, foxes, jackals, within the order Carnivora but excluding Canis familiaris, the domestic dog, except those breeds of Canis familiaris specifically identified as dangerous animals per se.

2. Felidae; e.g. lions, tigers, jaguars, leopards, cougars, lynx, ocelots, bobcats, within the order Carnivora but excluding Felis domestica, the domestic cat.

3. Mustelidae; e.g. badgers, wolverines, weasels, skunks, mink, otters within the order Carnivora, but not including domestic ferrets.

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4. Procyonidae; e.g. raccoons, pandas, kinkajous within the order Carnivora.

5. Ursidae; e.g. black bears, brown bears, grizzly bears, polar bears, of the order Carnivora.

6. Chiroptera; e.g. bats.

7. Cebidae; e.g. monkeys.

8. Cercopithecidae; e.g. baboons.

9. Callithricidae; e.g. marmosets, tamarins.

10. Pongidae; e.g. gibbons, orangutans, chimpanzees, gorillas.

11. Lemuridae; e.g. lemurs.

12. Didelphidae; e.g. opossums.

13. Castoridae; e.g. beavers.

14. Viveridae; e.g. civets and mongooses.

15. Hyaenidae; e.g. hyaenas.

16. Formicidae; e.g. fire ants within the order Hymenoptera.

17. Apidae; specifically, Africanized strains of Apis mellifera the honeybee.

18. Crocodylidae; e.g. crocodiles, alligators, caimans, gavials, of the order Squamata.

19. Heloderamatidae; e.g. gila monsters, beaded lizards, of the order Squamata.

20. Crotalidae; e.g. rattlesnakes, copperhead snakes, cottonmouth moccasin snakes, waglers vipers, palm vipers, eyelash vipers, of the order Squamata.

21. Viperidae; e.g. rhinocerous vipers, bushmasters, puff addaers, gaboon vipers, of the order Squamata.

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22. Elapidae; e.g. cobras, taipans, coral snakes, sea snakes, of the order Squamata.

23. Opisthoglyphous colubridae; e.g. twigsnakes, boomslangs, mangrove snakes, mussuranas, Malagasy hognose snakes of the order Squamata.

24. Eunectes murinus; e.g. anacondas of the order Squamata.

25. Boa constrictor; e.g. boa constrictors of the order Squamata.

26. Morelia amethystina; amethystine pythons of the order Squamata.

27. Python sebae; African rock pythons of the order Squamata.

28. Python molurus; Burmese pythons, Indian pythons, Ceylonese pythons of the order Squamata.

29. Python reticulatus; reticulated pythons of the order squamata.

30. Venomous spiders of the families teridiiae, and loxoscelidae respectively, and scorpions of the order Scorpions.

31. Venomous lizards.

32. The American Pit Bull Terrier, American Staffordshire Terrier, and/or Staffordshire Bull breeds of Canis familiaris;

33. Any crossbreed which predominantly display traits of such animals as listed above.

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9.45 Dangerous Weapon. A “dangerous weapon” is any instrument or device designed primarily for use in inflicting injury upon a human being or animal or which is capable of inflicting injury to property when used in the manner for which it was designed. Dangerous weapons include but are not limited to any pellet gun, bow and arrow, air rifle, pistol, revolver, dagger, razor, stiletto, switchblade knife, knife having a blade exceeding five inches in length, or any portable device or weapon directing an electric current, impulse, wave, a beam that produces a high-voltage pulse designed to immobilize a person, or other devices which can expel or may be readily converted to expel any form of projectile so as to strike an object or person. Additionally, any instrument or device of any sort whatsoever which is actually used in such a manner as to indicate that the possessor intends to inflict injury upon a human being or animal, and which, when so used, is capable of inflicting death upon a human being, is a dangerous weapon.

9.46 Decibel. Decibel means a logarithmic and dimensionless unit of measure often used in describing the amplitude of sound. Decibel is denoted as dB.

9.47 Detached Sign. A sign which is self-supporting and structurally independent from any building. A freestanding mast or pole(s) may provide the independent structure for the sign.

9.48 Development. Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials. “Development” does not include “minor projects” or “routine maintenance of existing buildings and facilities” as defined in this section. It also does not include gardening, plowing, and similar practices that do not involve filling, grading.

9.49 Directional Sign. A sign which serves only to designate the location or direction of any area or place.

9.50 Discontinued Sign. A sign, including sign face and/or supporting structure, which refers to a business, profession, commodity, service, activity, or use occupying the site more than six months after the date of such discontinuance; or which contains no sign copy on all sign faces for a continuous period of six months.

9.51 Division. Dividing a tract or parcel of land into two (2) parcels of land by conveyance or for tax purposes. The conveyance of an easement, other than public highway easement, shall not be considered a division.

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9.52 Dog. Any member of the Canine familiaris species.

9.53 Easement. An authorization by a property owner for another to use a designated part of said owner's property for a specified purpose.

9.54 Electronic Signs. A sign, or portion of a sign, that displays an electronically controlled and conveyed image or video, which may or may not include text. This definition includes, but is not limited to electronic text message signs, television screens, plasma screens, digital screens, flat screens, LED screens, video boards, and holographic displays. Signs or portions of signs designed primarily for the display of time and temperature and on premise electronic message centers are specifically excluded from this definition.

9.55 Equines. Horses, ponies, mules, and burros.

9.56 Equivalent Service Unit or ESU. A unit measurement based on the impervious surface area of an average improved single family dwelling lot or parcel within the city as determined by a statistical sampling performed by the city. “ESU rate” means the dollar value periodically determined and assigned to each ESU as a charge for storm water management services, and expressed as $X.XX per ESU per month.

9.57 Euthanasia. The humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during the loss of consciousness.

9.58 Existing Construction. Any structure for which the "start of construction" commenced before the effective date of the first floodplain management regulations adopted by the community. May also be referred to as "existing structure".

9.59 Existing Factory-Built Home Park or Subdivision. 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 before the effective date of the first floodplain management regulations adopted by the community.

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9.60 Expansion of Existing Factory-Built Home Park or Subdivision. 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).

9.61 Factory-Built Home. 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 floodplain regulations factory-built homes include mobile homes, manufactured homes, and modular homes; and also include "recreational vehicles" which are placed on a site for greater than 180 consecutive days and not fully licensed for and ready for highway use.

9.62 Factory-Built Home Park. A parcel or contiguous parcels of land divided into two or more factory-built home lots for sale or lease.

9.63 Family. One or more persons living together and sharing common living, sleeping, cooking, and eating facilities within an individual housing unit, no more than 3 of whom may be unrelated. The following persons shall be considered related for the purpose of this title:

A. Persons related by blood, marriage, or adoption;

B. Persons residing with a family for the purpose of adoption

C. Not more than eight persons under 19 years of age, residing in a foster house licensed or approved by the State of Iowa.

D. Person(s) living with a family at the direction of a court.

9.64 Federal. Pertaining to the Government of the United States of America.

9.65 Flood. 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.

9.66 Flood Elevation. 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 flood waters related to the occurrence of the 100-year flood.

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9.67 Flood Hazard Area. Any area subject to flooding by a one percent (1%) probability flood, otherwise referred to as a one hundred (100) year flood; as designated by the Iowa Department of Natural Resources or the Federal Emergency Management Agency.

9.68 Flood Insurance Rate Map (FIRM). 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.

9.69 Floodplain. Any land area susceptible to being inundated by water as a result of a flood.

9.70 Floodplain Management. 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, flood proofing and floodplain management regulations.

9.71 Flood proofing. 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.

9.72 Floodway. 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 (1) foot.

9.73 Floodway Fringe. 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.

9.74 Forty-Acre Aliquot Part. One-quarter of one-quarter of a section.

9.75 Frontage. The length of a property line of any one premise abutting and parallel to a public street, private way, or court.

9.76 Government Lot. A tract, within a section, that is normally described by a lot number as represented and identified on the township plat of the United States public land survey system.

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9.77 Gross Floor Area. The total enclosed area of all floors of a building, measured to the inside surfaces of the exterior walls. This definition excludes the areas of basements, elevator shafts, airspaces above atriums, and enclosed off-street parking and loading areas serving a principal use.

9.78 Historic Structure. 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 of 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

1. An approved state program as determined by the Secretary of the Interior; or

2. Directly by the Secretary of the Interior in states without approved programs.

9.79 Hybrid. Any offspring produced by breeding a domestic cat or domestic dog to an animal listed as a “dangerous animal, per se”.

9.80 Impervious Coverage. The total horizontal area of all buildings, roofed or covered spaces, paved surface areas, walkways and driveways, and any other site improvements that decrease the ability of the surface of the site to absorb water, expressed as a percent of site area. The surface water area of pools is excluded from this definition.

9.81 Impound. The act of placing an animal in an enclosure. To confine an animal within an enclosure. To seize and retain possession of an animal.

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

9.83 Incidental sign. An announcement or other display providing information about the occupancy or conduct of business permitted on a premises, such as logos of credit cards accepted on the premises, hours of operation, a non-illuminated "closed" or "open" sign, emergency contact person name and telephone number, street address, "help wanted", "no loitering or solicitations", "we check IDs", security system notices, notices required by law, and similar information. Signs or portions of signs designed primarily for the display of time and temperature and on premise electronic message centers are specifically included in this definition.

9.84 Inoperable Vehicle. Any vehicle which does not have current vehicle registration tags or is not capable of lawful operation upon a public street or highway or has not moved by its own power for more than thirty (30) days, or any vehicle which because of its defective or obsolete condition, or rotted, rusted, or loose parts, or which in any other way constitutes a threat to the health and safety of citizens.

9.85 Kennel. Any ‘boarding kennel’, ‘commercial kennel’, as defined in chapter 162 of the Code of Iowa.

9.86 Kennel Dogs. Dogs which are kept or raised solely for the bona fide purpose of sale and which are kept under constant restraint in a kennel pursuant to chapter 162 of the Code of Iowa.

9.87 Landscaped Area. The area within the boundaries of a given lot, site or common development consisting primarily of plant material, including but not limited to grass, trees, shrubs, vines, ground cover, and other organic plant materials; or grass paver masonry units installed such that the appearance of the area is primarily landscaped.

9.88 Limited Home Based Occupation. An accessory occupational use, which is clearly incidental to the residential use of the dwelling unit or residential structure and does not change the residential character of its site or have any external evidence of such use. The following shall apply:

A. All Automotive and Equipment Services, Construction Sales and Services, Industrial, Parking, or Trade Services uses are prohibited as home-based occupations.

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B. The use is conducted entirely within a dwelling unit, unless a conditional use permit is issued allowing a home based occupation to use an accessory building under appropriate circumstances.

C. There shall be no external evidence of the occupation, with the exception of one unlighted name plate not more than two (2) square feet in area attached flat against the building. Advertising displays and advertising devices displayed through a window of the building shall not be permitted.

D. There shall be no emission of smoke, dust, odor, fumes, glare, noise, vibration, electrical or electronic disturbance detectable at the zoning lot line.

E. The activity shall employ only members of the immediate family of the resident of the dwelling.

F. There shall not be a stock of goods on the premises in excess of thirty (30) cubic feet in volume, none of which shall be of a flammable nature, and all of which shall be stored within the residential structure.

G. There shall be no signs, radio, television, newspaper, handbill or similar types of advertising linking the address of the premises with the home occupation.

H. Said home occupation shall not involve continual visits by the general public, except that music lessons may be given to one pupil at a time; dance and art lessons may be given to four (4) pupils at a time; a dressmaker may have two (2) customers at a time; a beauty operator may have two (2) customers at a time, parents may drop-off and pick-up children from a home daycare, and a professional person may have one client or patient at a time.

I. Deliveries or service by commercial vehicles or trucks over ten tons gross empty weight is prohibited for any home-based business located on a local street.

J. Any business, occupation or profession the operation of which does not meet the aforesaid characteristics, shall not be interpreted to be a home operation despite the fact that it may attempt to operate in a residential building.

K. The above listed characteristics of a home occupation shall not be construed to restrict the sale of garden produce grown on the premises, provided this exception shall not extend to allow the operation of a commercial greenhouse or nursery, or the existence of stands or booths for the display of produce grown on the premises.

9.89 Livestock. Farm animals, such as beef cattle, dairy cows, sheep, hogs, chickens and turkeys.

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9.90 Lot. A parcel of property with a separate and distinct number or other identifying designation which has been created, assigned and recorded in the official land records of the City. Each individual lot is subject to the provisions of a particular base Zoning District.

A. Corner Lot. A lot located at the junction of at least two streets, private ways or courts or at least two segments of a curved street, private way or court, at which the angle of intersection is no greater than 135 degrees.

B. Double Frontage Lot. A lot, other than a corner lot, having frontage on two streets, private ways or courts. Primary access shall be restricted on a double frontage lot to the minor of the two streets or to the front line as determined at time of platting or as defined by this ordinance. (Also known as a Through Lot).

C. Interior Lot. A lot other than a corner lot.

D. Common Development Lot. When two or more contiguous lots are developed as part of a Planned Unit Development or through a Horizontal Property Regime, these lots may be considered a single lot for purposes of this Code.

9.91 Lot Area. The total horizontal area within the lot lines of a lot.

9.92 Lot Depth. The mean horizontal distance measured between the front and rear lot lines.

9.93 Lot Line. A property boundary line(s) of record that divides one lot from another lot or a lot from the public or private street right-of-way or easement. Once established, lot lines may not be redefined due to a change of address which would result in a new definition of the prior defined lot lines.

A. Front Lot Line. The front lot line is defined as follows:

1. The lot line separating a lot and a public or private street right-of-way or easement.

2. For an interior lot, the lot line separating the lot from the right-of-way or easement.

3. For a corner lot, the shorter lot line abutting a public or private street or easement. In instances of equal line dimension, the front lot line shall be determined by the final plat.

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4. For a double frontage lot, the lot lines separating the lot from the right-of-way or easement of the more minor street. In cases where each street has the same classification, the front lot line shall be determined by the Building Official at the time of application for the original building permit for the lot, or as may be noted on the final plat.

B. Rear Lot Line. The lot line which is opposite and most distant form the front line.

C. Side Lot Line. Any lot line that is neither a front or rear lot line. A side lot line separating a lot from a street, private way or court is a street side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

9.94 Lot Width. The horizontal distance measured between the side lot lines of a lot, at right angles to its depth along a straight line parallel to the front lot line at the minimum required setback line.

9.95 Lowest Floor. 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 Chapter 8.9 of this Code; and

B. The enclosed area is unfinished (not carpeted, dry walled, 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 (1) foot above the 100-year flood level, and

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

E. 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.

9.96 Metes and Bounds Description. A description of land that uses distances and angles, uses distances and bearings, or describes the boundaries of the parcel by reference to physical features of the land.

9.97 Minor Projects. Small development activities (except for filling, grading and excavating) valued at less than $500.

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9.98 Necessary Medical Attention. Supplying an animal with necessary medical attention when the animal is currently or has been, suffering from illness, injury, disease, excessive parasitism, excessive hair matting, malformed or overgrown hoof or similar conditions.

9.99 New Construction (new buildings, factory-built home parks). Those structures or development for which the start of construction commenced on or after the effective date of the first floodplain management regulations adopted by the community.

9.100 New Factory-Built Home Park or Subdivision. 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 the first floodplain management regulations adopted by the community.

9.101 Nonconforming Development. A building, structure, or improvement which does not comply with the regulations for its zoning district set forth by this Zoning Code but which complied with applicable regulations at the time of construction. No action can be taken which would increase the non-conforming characteristics of the lot.

9.102 Nonconforming Lot. A lot which was lawful prior to the adoption, revision, or amendment of this Zoning Code but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of this Zoning Code. No action can be taken which would increase the non-conforming characteristics of the lot.

9.103 Nonconforming Sign. A sign that was legally erected prior to the adoption, revision, or amendment of this Zoning Code but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of this Zoning Code. No action can be taken which would increase the non-conforming characteristics of the lot.

9.104 Nonconforming Structure. A structure which was lawful prior to the adoption, revision, or amendment of this Zoning Code but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of this Zoning Code. No action can be taken which would increase the non-conforming characteristics of the structure.

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9.105 Nonconforming Use. A land use which was lawful prior to the adoption, revision, or amendment of this Zoning Code but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of this Zoning Code. No action can be taken which would increase the non-conforming characteristics of the land use.

9.106 Non-Motorized Vehicles. Any trailer or any other device that is not self-propelled.

9.107 Nuisance. Any condition that 1) contributes to blight, or 2) is injurious to health, or 3) is indecent or offensive to the senses, or 4) is an obstruction to the free use of property so as essentially to interfere with the comfortable enjoyment of life or property. The following are declared to be nuisances:

A. Barking Dog. The habitual barking, whining, yelping, howling, or other loud noises which cause serious or repeated annoyance to a surrounding property or properties.

B. Offensive Smells. The erecting, continuing or using of any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, offensive smells, or other annoyances, becomes injurious and dangerous to the health, comfort or property of individuals or the public.

C. Filth or Noisome Substance. The causing or suffering any offal, filth or noisome substance to be collected or to remain in any place to the prejudice of others.

D. Water Pollution. The corrupting or rendering unwholesome or impure the water of any river, stream or pond, or unlawfully diverting the same from its natural course or state, to the injury or prejudice of others.

E. Blocking Public and Private Ways. The obstructing or encumbering by fences, buildings or otherwise the public roads, private ways, streets, alleys, commons, landing places or burying grounds.

F. Storing of Junk, Trash, or Rubbish. The storing or accumulation of junk, such as old rags, rope, cordage, rubber, bones, and paper or the storing of solid waste, other than in the manner as required by Chapter 6.8 of this Code, including old appliances or parts thereof, vehicle or equipment parts, machinery that is not capable of operation or is junk, old iron or other metal, paper, cardboard, old lumber or wood, old mattresses or other furniture, and all other waste or discarded material or other junk which tend to be inflammable, harbor vermin and/or rodents, or which are otherwise conducive to hazard.

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G. Trees, Vegetation, and Grass. Trees, vegetation, and grass will constitute nuisances as follows:

1. Dead or Diseased Trees. Any dead, diseased damaged or deteriorating trees that could fall or harbor insects or rodents.

2. Obstructing View at Intersections. All trees or hedges which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached.

3. Dense Growth. Dense growth of all weeds, grass, vines, brush or other vegetation in the City so as to constitute a health, safety or fire hazard, or which otherwise constitute a nuisance. For purposes of this paragraph, all growths of grass or weeds in excess of six inches (6") in height shall be deemed to be a nuisance.

a. Exception to Dense Growth. A bona fide Landscaped Area shall not be considered a nuisance provided the growth and appearance of the area is maintained appropriately.

4. Cottonwood Trees. Cotton-bearing cottonwood trees and all other cotton-bearing poplar trees.

5. Tree Limbs. All tree limbs that are less than eight (8) feet above the surface of any public sidewalk or are less than fourteen (14) feet above the traveled way of any public street.

H. Stagnant Water. Stagnant water likely to afford breeding places for mosquitoes.

I. Obscenity. Signs accessible to the general public containing statements, words, or pictures of an obscene or pornographic character.

J. Depositing Debris. Depositing or permitting to be deposited dirt, debris, or other sedimentation resultant from grounds maintenance, grading, construction, demolition, or other activities onto public rights of way or into public storm sewers or drainage ways.

K. Snow and Ice left Standing on Sidewalks. All snow and ice not removed from public sidewalks forty-eight (48) hours after the snow and ice have ceased being deposited thereon from one continuous event.

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L. Structures damaged by Fire or Decay. All buildings, walls and other structures which have been damaged by fire, decay or otherwise to an extent exceeding one-half (1/2) of their original value and which are so situated as to endanger the safety of the public.

M. Lighting. Permitting or allowing the illumination of flood lights, yard lights or similar lights to be focused in such a fashion so as to encroach upon the peaceful enjoyment of neighboring property.

N. Unguarded Machinery. All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public.

O. Obstructing View of Streets. All fences, billboards, or other obstructions, whether natural or man-made, including moveable objects, which materially impede persons from having an adequate view of the public street for the safe and prudent ingress and egress to or from a public street.

P. Dilapidated Buildings. Dilapidated building means any structure or mobile home meeting any of the following criteria:

1. Manifestly Unsafe. Whenever, for any reason, the building or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

2. Deterioration. Whenever the building, exclusive of the foundation, shows thirty-three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.

3. Damaged Structurally. Whenever the building has been so damaged by fire, wind, earthquake or flood that repair costs would exceed 40% of the replacement value of the entire structure.

4. Nuisance Building. Whenever the building has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; (b) a harbor for vagrants, criminals or immoral persons; or as to (c) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

5. Inadequacy. Whenever a building is unfit for human use due to its condition of dilapidation, decay, damage, faulty construction or arrangement, lack of insulation, or inadequate light, air or sanitation facilities.

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6. Fire Hazard. Whenever any building, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause.

7. Portion of Building or Accessory. Whenever any portion of a primary building or accessory structure remains on a site after the demolition or destruction of the primary building.

8. Vacancy. Whenever any building is left vacant for a period in excess of six (6) months, without being served by the public water utility or without necessary property maintenance being performed.

Q. Damaged Vehicle. Any vehicle not capable of lawful operation upon a public street or highway is a Damaged Vehicle. Damaged Vehicles shall not be stored on any property in the City, except for Damaged Vehicles kept on private property within an enclosed building or Damaged Vehicles kept on private property in conformance with the City Zoning Ordinance by a person licensed as an authorized vehicle recycler under the provisions of the Code of Iowa, chapter 321H. One or more of the following conditions shall be presumptive evidence that a vehicle is not capable of lawful operation upon a public street or highway:

1. It is not equipped with one or more operable headlamps as required by Code of Iowa, chapter 321.385; or

2. It is not equipped with one or more operable rear lamps when required by Code of Iowa, chapter 321.387; or

3. It is not equipped with one or more operable signal lamps when required by the provisions of Code of Iowa, chapter 321.404; or

4. It is not equipped with operable brakes when required by Code of Iowa, chapter 321.430 and 321.431; or

5. It is not equipped with an operable horn when required by Code of Iowa, chapter 321.432; or

6. It is not equipped with a muffler in good working order as required by Code of Iowa, chapter 321.436; or

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7. It is not equipped with adequate mirrors when required by Code of Iowa, chapter 321.437; or

8. It is not equipped with a windshield and one or more windows as required by Code of Iowa, chapters 321.438 and 321.444; or

9. It is not equipped with operable windshield wipers as required by the provisions of Code of Iowa, chapter 321.439; or

10. It is not equipped with tires or when the tires attached to the vehicle do not meet the requirements of Code of Iowa, chapter 321.440; or

11. It is not equipped with any other part the lack of which renders the vehicle inoperable; or

12. Any vehicle or part of a vehicle which has become a habitat for rats, mice or snakes or any other vermin or insects; or

13. Any vehicle which is not capable of moving in both forward and reverse gears; or

14. Any vehicle which because of its condition or method of storage constitutes a threat to public safety; or

15. Any other machinery which because of its condition or method of storage constitutes a threat to public safety.

R. Other Conditions. Any other condition that is injurious to health, indecent or offensive to the senses or an obstruction to the free use of property so as essentially to interfere with the comfortable enjoyment of life or property.

9.108 Offensive Weapons. An offensive weapon is any device or instrumentality of the following types:

A. A machine gun. A machine gun is a firearm which shoots or is designed to shoot more than one shot, without manual reloading, by a single function of the trigger, or

B. A short-barreled rifle or short-barreled shotgun. A short-barreled rifle or short-barreled shotgun is a rifle with a barrel or barrels less than sixteen inches in length or a shotgun with a barrel or barrels less than eighteen inches in length, as measured from the face of the closed bolt or standing breech to the muzzle, or any rifle or shotgun with an overall length less than twenty-six inches, or

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C. Any weapon other than a shotgun or muzzle loading rifle, cannon, pistol, revolver or musket, which fires or can be made to fire a projectile by the explosion of a propellant charge, which has a barrel or tube with the bore of more than six-tenths of an inch in diameter, or the ammunition or projectile therefore, but not including antique weapons kept for display or lawful shooting, or

D. A bomb, grenade, or mine, whether explosive, incendiary, or poison gas; any rocket having a propellant charge of more than four ounces; any missile having an explosive charge of more than one-quarter ounce; or any device similar to any of these, or

E. A ballistic knife. A ballistic knife is a knife with a detachable blade which is propelled by a spring-operated mechanism, elastic material, or compressed gas, or

F. Any part or combination of parts either designed or intended to be used to convert any device into an offensive weapon as described in subsections A to E of this section, or to assemble into such an offensive weapon, except magazines or other parts, ammunition, or ammunition components used in common with lawful sporting firearms or parts including but not limited to barrels suitable for refitting to sporting firearms, or

G. Any bullet or projectile containing any explosive mixture or chemical compound capable of exploding or detonating prior to or upon impact, or any shotgun shell or cartridge containing exothermic pyrophoric misch metal as a projectile which is designed to throw or project a flame or fireball to simulate a flamethrower, or

H. Any mechanical device specifically constructed and designed so that when attached to a firearm silences, muffles, or suppresses the sound when fired. However, this subsection does not apply to a mechanical device possessed and used by a person solely for the purpose of shooting a deer pursuant to an approved city special deer population control plan if the person has a valid federal permit to possess and use the mechanical device, or

I. An offensive weapon or part or combination of parts therefore shall not include the following:

1. An antique firearm. An antique firearm is any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898 or any firearm which is a replica of such a firearm if such replica is not designed or redesigned for using conventional rimfire or centerfire ammunition or which uses only rimfire or centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

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2. A collector’s item. A collector’s item is any firearm other than a machine gun that by reason of its date of manufacture, value, design, and other characteristics is not likely to be used as a weapon. The commissioner of public safety shall designate by rule firearms which the commissioner determines to be collector’s items and shall revise or update the list of firearms at least annually.

3. Any device which is not designed or redesigned for use as a weapon; any device which is designed solely for use as a signaling, pyrotechnic, line-throwing, safety, or similar device; or any firearm which is unserviceable by reason of being unable to discharge a shot by means of an explosive and is incapable of being readily restored to a firing condition; or lawful activities require or permit such possession.

9.109 Official Plat. An auditor's plat or a subdivision plat that meets the requirements of this Chapter 8.10 and has been filed for record in the offices of the Recorder, Auditor, and Assessor.

9.110 Off-Premises Sign. A sign which advertises goods, services, facilities, events, causes or attractions available at a location other than the premises where the sign is located.

9.111 Off-Road Vehicle. Any self-propelled vehicle which is manufactured, marketed, and sold primarily for off-highway use, which are typically only incidentally used on roadways, including but not limited to the following:

A. All-Terrain Vehicle. Any three-wheel or four-wheel vehicle designed for operation off a roadway by an operator with no more than one passenger. Typical, but not determinative, characteristics include low-pressure tires, a single seat designed to be straddled by the operator or passenger or both, an unladen weight of 900 pounds of less, or handlebars for steering control.

B. Motorized Dirt Bike. Any vehicle of three-wheels or less capable of cross-country travel on natural terrain without the benefit of a road or trail.

C. Go-Cart. Any miniature vehicle capable of achieving speeds in excess of ten miles per hour, typically having a form of roll-bar, and commonly used on courses or racetracks specifically designed for such vehicles.

D. Snowmobile. Any self-propelled vehicle designed for travel on snow or ice steered by skis or runners.

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9.112 One Hundred (100) Year Flood. A flood, the magnitude of which has a one (1) percent chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded a least once every one hundred (100) years.

9.113 Operate. To ride in or on and have control of the operation of a vehicle.

9.114 Operator. Means every person who operates or is in actual physical control of a vehicle.

9.115 Original Parcel. Forty (40) acres or part thereof entered of record in the office of the County Recorder as a single lot or parcel on or before October 6, 1970.

9.116 Overlay District. A district established to prescribe special regulations to be applied to a site only in combination with a base district.

9.117 Oversized Vehicle. Any vehicle or off-highway vehicle (excluding recreational vehicles and boats) the length of which is greater than two hundred thirty (230) inches or the width of which is over eighty-two (82) inches or the height of which is over eighty-two (82) inches or the weight of which exceeds eight thousand (8,000) pounds.

9.118 Owner. The legal entity holding title to the property being subdivided, or such representative or agent as is fully empowered to act on its behalf. (or) Any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his or her care, or who acts as its custodian, or who knowingly permits an animal to remain on or about any premises owned or occupied by him or her for more than seven (7) consecutive days other than veterinary hospital, licensed kennel or animal shelter.

9.119 Parcel. A part of a tract of land.

9.120 Park or Parking. The standing of a vehicle, whether occupied or not, other than while actually engaged in loading or unloading merchandise or passengers.

9.121 Performance Bond. A surety bond or cash deposit made out to the City, in an amount equal to one-hundred twenty percent (120%) of the full cost of the improvements which are required by chapter 8.10, said cost estimated by the City Engineer and said surety bond or cash bond being legally sufficient to secure to the City that the said improvements will be constructed in accordance with chapter 8.10.

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9.122 Permanent Real Estate Index Number. A unique number or combination of numbers assigned to a parcel of land pursuant to section 441.29 of the Code of Iowa.

9.123 Permitted Use. A land use type allowed as a matter of right in a zoning district, subject only to special requirements of chapter 8.8.

9.124 Person. An individual, firm, partnership, domestic or foreign corporation, company, association or joint stock association, trust, or other legal entity, and includes a trustee, receiver, assignee, or similar representative thereof, but does not include a governmental body.

9.125 Personal Vehicles. Personal vehicles include, but are not limited, to passenger cars, vans, and pick-up trucks for personal use.

9.126 Planned Unit Development. A development of land which is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements.

9.127 Plat. A map drawing, or chart on which a sub-divider's plan for the subdivision of land is presented, that said sub-divider submits for approval and intends, in final form, to record.

9.128 Plat of Survey. The graphical representation of a survey of one or more parcels of land, including a complete and accurate description of each parcel within the plat, prepared by a registered land surveyor.

9.129 Political Sign. A temporary sign designed to attract support for a particular candidate, political party, or political issue or to express an opinion on any matter of public interest.

9.130 Porch, Unenclosed. A roofed or unroofed open structure projecting from an exterior wall of a building and having no enclosed features more than thirty inches above its floor other than wire screening and a roof with supporting structure.

9.131 Portable Sign. Any sign attached to bases not permanently attached to the ground or a building and capable of being moved from place to place.

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9.132 Principal Use. The main use of land or structures as distinguished from an accessory use.

9.133 Projecting Sign. A sign that is attached to and is perpendicular to a building face.

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

9.135 Public Property. Any and all property owned or held in trust by the City or another governmental entity.

9.136 Public Right-of-Way. The boundaries within which the public has a right to travel, even though the property in question may be privately owned. For example, ownership of a city lot may extend to the curb, but there may be public right-of-way along the sidewalk on private land.

9.137 Public Way. Street, alley, boulevard, parkway, highway, sidewalk, or other place where the public has access and which is at least 10 feet in width.

9.138 Recreational Vehicle. Any vehicle primarily designed for recreational use or for temporary living quarters that are incidental to recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. Typical examples include motor home or coach, travel trailers, camping or tent trailer, camper shells, toppers, and other similar appurtenances intended for attachment to a personal vehicle and trailers under twenty feet in length.

9.139 Residential district. Any property or group of properties designated by a residential zoning classification on the official City zoning maps.

9.140 Residential or School District. Residence district means the territory contiguous to and including a highway not comprising a business, suburban or school district, where forty percent (40%) or more of the frontage on such a highway for a distance of three hundred (300) feet or more is occupied by dwellings or by dwellings and buildings in use for business. School district means the territory contiguous to and including a highway for a distance of two hundred (200) feet in either direction from a schoolhouse.

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9.141 Residential Sign. A sign, located on a residential premise, typically conveying the name of the property owner(s), the address of the property, and other such information. A residential sign may contain reference to a permitted Home Based Business provided such reference does exceed one foot in height and two feet in width.

9.142 Re-subdivision. Any subdivision of land that has previously been included in a recorded plat. In appropriate context, it may be a verb referring to the act of preparing a plat of previously subdivided land.

9.143 Roof Sign. Any sign or part of a sign erected upon, against, or over the roof or on top of or above the parapet or cornice of a building.

9.144 Routine Maintenance of Existing Buildings and Facilities. Repairs necessary to keep a structure in a safe and habitable condition. Such repairs include:

A. Normal maintenance of structures such as re-roofing, replacing roofing tiles and replacing siding;

B. Exterior and interior painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work;

C. Basement sealing;

D. Repairing or replacing damaged or broken window panes;

E. Repairing plumbing systems, electrical systems, heating or air conditioning systems and repairing wells or septic systems.

9.145 Safety Easement. That area of the public right-of-way between the lot line and the curb line or street edge, where curbs do not exist. This area may be used for, but is not limited for, sidewalks, driveway approaches, utility easements, and tree plantings.

9.146 Screening. The method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features as may be permitted by the landscape provisions of chapter 8.8.

9.147 Seal. The City Seal of the City.

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9.148 Service Animals. Any animal which is owned by a person who is disabled and that has been properly trained at a special school to guide its owner in going from place to place.

9.149 Setback. The distance, as required by the minimum setback(s) which establishes the horizontal component(s) of the building envelope.

9.150 Sign. A symbolic, visual device fixed upon or supported by a building, vehicle, structure, or parcel of land which is intended to convey information about a product, business, activity, place, person, institution, candidate, or political idea. This definition shall not include festival or holiday decorations; the use of a flag, emblem, insignia, or other display of any nation or political subdivision; traffic, safety or similar regulatory devises; legal notices; scoreboards; memorial signs or tablets; emblems of religious institutions that are attached to buildings; building names structurally integrated into the surface of a building; and customary displays of merchandise or objects and materials placed behind a store window.

9.151 Site Plan. A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel of land; and any other information that may be reasonably be requested by the City in order that an informed decision can be made on the associated request.

9.152 Snowmobile. A snowmobile is self-propelled vehicle weighing less than one thousand (1,000) pounds which utilizes wheels with low pressure pneumatic tires and is designed to operate on land or ice or is equipped with sled-type runners or skis, endless belt-type tread, or any combination thereof, and is designed for travel upon snow, land or ice.

9.153 Sound Level Meter. Sound level meter means an instrument, including a microphone, amplifier, output meter and weighting networks, that is sensitive to pressure fluctuations. The output meter reads sound pressure level in decibels when properly calibrated and the instrument is of Type 2 or better as specified in American National Standards Institute Publication SI. 4-1971, or its successor publication.

9.154 Special Flood Hazard Area. The land within a community subject to the "100-year flood". This land is identified as Zone A, AE, A1-A30, AO and AH on the community's Flood Insurance Rate Map.

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9.155 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.

9.156 State. The State of Iowa.

9.157 State Law. A current statute of the Code of Iowa as enacted by the General Assembly or an administrative rule of the State of Iowa.

9.158 Street. Public property, not an alley, intended for vehicular circulation. In appropriate context the term "street" may refer to the right-of-way bounded by the property lines of such public property, or may refer to the paving installed within such right-of-way.

9.159 Street, Arterial. A street primarily intended to carry traffic from one part of the City to another, and not intended to provide access to abutting property.

9.160 Street, Collector. The term “Collector Street” shall mean a street primarily designed to connect smaller areas of the community, and to carry traffic from local streets to arterial streets.

9.161 Street, Local. The term “Local Street” shall mean a street primarily designed to provide access to abutting property.

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

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9.163 Sub-divider. The owner of the property being subdivided, or such other person or entity empowered to act on the owner's behalf.

9.164 Subdivision. The accumulative effect of dividing an original lot, tract, or parcel of land, as of October 6, 1970 into three (3) or more lots for the purpose of immediate or future sale or transfer for development purposes excluding public roadways, public utility extensions and land taken by condemnation. The term includes a re-subdivision or re-platting. When appropriate to the context, the word may relate to the process of subdividing or the land subdivided.

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

9.166 Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed forty (40) percent of the market value of the structure before the damage occurred.

9.167 Substantial Improvement. For purposes of chapter 8.9, 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 forty (40) percent 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.

1. Exceptions. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. 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 25 percent or more. All additions constructed after the effective date of the first floodplain management regulations adopted by the community shall be added to any proposed addition in determining whether the total increase in original floor space would exceed 25 percent.

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9.168 Suburban District. A suburban district means all other parts of the City not included in the business, school, or residence districts. A speed in excess of forty-five (45) miles per hour in any suburban district is unlawful.

9.169 Surveyor. A registered land surveyor who engages in the practice of land surveying pursuant to chapter 542B of the Code of Iowa.

9.170 Temporary Signs. A sign, flag, banner, pennant, or valance constructed of lightweight materials which is intended for display for a limited period of time.

9.171 Townhouse. A building formed by at least two and not more than twelve contiguous townhouses with common or abutting walls.

9.172 Tract. An aliquot part of a section, a lot within an official plat or a government lot.

9.173 Traffic Control Device. Traffic control device means all signs, signals, markings, and devices not inconsistent with chapter 3, lawfully placed or erected for the purpose of regulating, warning, or guiding traffic. Traffic control devices shall comply with standards established by The Manual of Uniform Traffic Control Devices for Streets and Highways. Traffic control devices include the following:

A. Stop Sign. Octagonal sign requiring a vehicle to completely cease movement before entering a crossing a public way, even if no other vehicle is present, or

B. Yield Sign. Triangular sign requiring a vehicle to yield the right-of-way to another vehicle(s), with such yield to include stopping if necessary to allow the other vehicle(s) to pass, or

C. Speed Limit Signs. Rectangular sign providing the maximum or minimum speed a vehicle is permitted to travel any portion of a roadway regulated by the sign, or

D. Crosswalks. A portion of a roadway, marked off by two parallel white stripes, which provides that pedestrians have a right-of-way to cross as this portion of the roadway.

E. One-Way Signs. A rectangular, but vertically orientated sign which restricts vehicular travel to one designated direction on any portion of a roadway regulated by the sign.

9.174 Use. The conduct of an activity, or the performance of a function or operation, on a site or in a building or facility.

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9.175 Utilities. The systems for the distribution or collection of water, gas, electricity, wastewater and storm water.

9.176 Variance. A grant of relief by a community from the terms of the floodplain management regulations.

9.177 Wall Sign. A sign attached to and parallel with the side of a building.

9.178 Weighted Sound Level. A weighted sound level (sound l) means the sound pressure level in decibels as measured on a sound level meter using the A weighting network. The level so read shall be designated dB(A) or dBA.

9.179 Yard; Required. That portion of a lot which lies between a lot line and the corresponding building setback line or the required landscape area. This area shall be unoccupied and unobstructed from the ground upward except as may be specifically provided for or required by chapter 8.8.

A. Front Yard. The space extending the full width of a lot, lying between the front lot line and the front setback line. For a corner lot, the front yard shall normally be defined as that yard along a street which meets one of the following two criteria:

1. The yard along the blockface to which a greater number of structures are oriented; or

2. The yard along a street that has the smaller horizontal dimension.

B. Rear Yard. The space extending the full width of a lot, lying between the rear lot line and the rear setback line.

C. Side Yard. The space extending the depth of a lot from the front to rear lot lines, lying between the side yard setback line and the interior lot line.

D. Street Side Yard. On a corner lot, the space extending from the front yard to the rear yard, between the street side yard setback line and the street side lot line.

9.180 Zoning District. A designated specified land classification, within which all sites are subject to a unified group of use and site development regulations set forth in chapter 8.8.

9.181 Zoonosis. Any disease of animals communicable to humans.

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Chapter 10: Fees

10.1 Fees

. The following fees shall apply for services rendered:

Administrative ServicesMiscellaneous Fees 2018Copies 8 X 11 B/W $0.25Copies 8 X 11 Color $0.30Copies 8 X 14 B/W $0.40Copies 8 X 14 Color $0.50Fax: Send a fax $1.50Fax: receive a fax .50Non-sufficient Funds (NSF) Fees $30.00Dog/Cat License: Spayed/Neutered $10.00 Non-Spayed/Neutered $20.00Late Fee: On March 1st-Dog/Cat License $5.00Peddler's Permit: Daily $5.00Utility Customer Address Print-Out $50.00Notary FreeRecords Research Fee $25.00/hrCity Code- Copy $125Electronic Records By Email Reasonable Time Collection Fees 2018 Lien Assessment Administration Fee $75.00Income Offset Program Administration Fee $50.00Collection Agency Fee 15% of Charges Community Development 2018Board of Adjustment Request $110.00Nuisance Abatement Administrative Fee $75.00Nuisance Abatement Fee Cost of ServiceContract Engineering Fees for Processing App. Cost of ServiceSign Permit $50.00 Minimum

1% of Cost of Improvement

not to exceed $250.00Building Permit $50.00 Minimum

1% of Cost of Improvement

not to exceed $750.00

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Rental Certification $10 per unitRental Inspection $15 per unitVacant House Registration $15 per unit Electric Fees 2018Commercial Monthly Rate $15.00Commercial Usage Under 1000kWhr $.11/kWhrCommercial Usage Over 1000kWhr $.10/kWhrResidential Monthly Rate $11.00Residential Usage Charge per kWhr $.11/kWhr

Garbage fees 2018Monthly Flat rate $13.00

Sewer Fees 2018Sewer Minimum Usage Fee $40.00Sewer Consumption 2000 Times Rate $.0040Sewer Consumption over 2000 Time Rate $.0035

Water Fees 2018Water Minimum Usage Fee $15.00Water Consumption Fee 1000 Times Rate $.015Water Consumption Fee 4000 Times Rate $.004Water Consumption Fee 5000 Times Rate $.002Water Consumption Fee over 5000 Times Rate $.0004

Other Utility Fees 2018Utility Deposit $100.00Utility Bill Penalty 10% of Outstanding BalanceDisconnect Fee $50.00Reconnect Fee $50.00New Construction Connect Fees Electric $300.00 Sewer $50.00 Water $200.00

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AAdministrative Hearing

Conduct.....................................................................8Order.........................................................................7Procedure for Administrative Hearing........................7Relevant Evidence......................................................8

Alternative Relief........................................................15, 31Animal Control

Dangerous Animals..................................................65Dog Bite Procedure..................................................64Licensing..................................................................63Owner Responsibilities.............................................62Types of Animal Permitted.......................................60Vicious Dog..............................................................68

AnimalsAllowing Animals At-Large.......................................42Allowing Animals At-Large.......................................28Animal Abuse.....................................................27, 42Animals for Entertainment.................................27, 42Dangerous Animals................................................169Dead Animals.....................................................27, 41Failure to Obtain Animal License.........................17, 32Feeding of Deer..................................................23, 38Keeping of Livestock...........................................27, 42Killing Animals....................................................28, 42Owners and Custodians of Animals..........................42Owners and Custodians of Animals..........................28Poisoning Animals..............................................28, 42Responsibility for Damage by Animals................27, 41Service Animals......................................................193

BBarking Dog....................................................See NuisancesBoundaries.................................See Incorporated TerritoryBuilding Code

Building Codes..........................................................80Existing Building Code..............................................80Failure to Obtain Building Permit........................17, 32International Building Code......................................80

CCemetery

Failure to Obtain License for Burial.....................17, 32Failure to Perform Duties.........................................32Snowmobile Prohibition...........................................35

City Attorney..............................................................11, 13City Clerk................................................................See ClerkCity Limit....................................See Incorporated TerritoryCity Property...............................................................19, 33City Seal..............................................................................6

Clerk.................................................................................14City Seal.....................................................................6

CollectionsCollection of Debts.....................................................9Collection of License Fees, Permit Fees, Parking

Citations, Penalties, or Other Charges for Services through Utility Bill.................................................9

Council..............................................................................13Criminal Penalties.............................................................31Crosswalks.....................................................................196Curbs..................................................................See StreetsCurfew and Truancy

Age of Curfew..........................................................21Age of Curfew..........................................................36Duty of Guardians....................................................37Duty of Guardians....................................................22Exceptions to Policy............................................21, 36Night-Time Curfew...................................................21Night-Time Curfew...................................................36Night-Time Curfew...................................................36Truancy....................................................................21Truancy....................................................................36

DDeer..................................................................See AnimalsDowntown Business District

Snowmobile Prohibition...........................................21Snowmobile Prohibition...........................................35

Driveways.........................................................................54

EEasement

Safety Easement.....................................................192Election Method.................................................................6Electric Utility...................................................................59Emergency Abatement

Nuisance..................................................................72

FFees................................................................................198Fidelity Bond....................................................................10Fire Chief..........................................................................51Fire Department...............................................................51Fireworks

Consumer Fireworks and Novelties.....................28, 43Display Fireworks...............................................28, 43

Fiscal Management............................................................7Floodplain Management

Failure to Obtain Floodplain Development Permit..17, 32

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Form of GovernmentMayor-Council form of government...........................5

GGarbage.......................................................See Solid WasteGeneral Responsibility of Appointed Officials...................11Golf Cart

Golf Cart Operation on City Streets.....................24, 39

HHabitual Violators

Nuisance..................................................................72Parking.....................................................................49

Home Rule..........................................................................5Home Rule Authority..........................................................5

Exercise of Home Rule................................................5Form of Government..................................................5

IIncorporated Territory........................................................5Inoperable Vehicles..........................................................49Iowa Constitution...............................................................5

LLibrary

Failure to follow rules and regulations.....................32Licenses and Permits

Collection for Failure to Obtain..................................9Failure to Obtain License or Permit..........................32Failure to Obtain License or Permit..........................17

LivestockKeeping of Livestock...........................................27, 42

MMayor...............................................................................11

Mayor Veto..............................................................12Mayor Pro Tempore.........................................................12Municipal Infraction Penalty............................................31

Authority to Issue Municipal Infractions...................31

NNon-Motorized Vehicles...................................................49Nuisances

Nuisance - Definition..............................................182Regulation of Nuisances...........................................18

OOath.................................................................................10

Officers Empowered to Administer Oaths.................10Prescribed Oath........................................................10What Positions Must Take........................................10

Off-Road Vehicles.............................................................49Operation of Off-Road Vehicles on City Streets...26, 40

Operating Procedures........................................................7Oversided Vehicles...........................................................49

PParking

Adjacent to Curb – One-Way Street..........................46Adjacent to Curb – Two-Way Street..........................46Alternative Relief for Violations...............................45Angle Parking...........................................................46Contested Parking Violations....................................45Crosswalk.................................................................46Direction of Traffic....................................................47Double Parking.........................................................47Driveway..................................................................46Excavations..............................................................47Fire Hydrant.............................................................47Intersection..............................................................47Issuing Simple Notices..............................................45No Parking Areas......................................................47Parking for Persons with Disabilities.........................48Parking Within the Safety Easement.........................48Refusal to Register Vehicles......................................45Regulations Generally..............................................45Sidewalks.................................................................46Snow Emergency Parking.........................................47Stop Sign or Signal....................................................47Upon a Public Way...................................................46Using More Than One Space.....................................47Violations and Fines.................................................46

Parking TicketsLate Penalty.............................................................49

Parks and RecreationSnowmobile Prohibition...........................................21Snowmobile Prohibition...........................................35

Peddler, Solicitor, and Transient MerchantFailure to Obtain License....................................17, 32

Police Chief.................................................................51, 52Police Division..................................................................51Porch..............................................................................190Property Standards...........................................................70Proprietor.......................................................................191Public Notice......................................................................7Public Property...............................................................191

Destruction or Damage of Public Grounds, Property, Notices, or Proclamations..............................23, 38

Unauthorized Entry............................................25, 39Public Records..................................................................14Public Way......................................................................191

RRecreational Vehicle.......................................................191Recreational Vehicles

Parking.....................................................................49Rental Inspection Program

203


Failure to Obtain Rental Certificate.....................17, 32Repeal................................................................................9Residential district..........................................................191Residential or School District..........................................191resolution...........................................................................7Re-subdivision................................................................192Rhubbish

Accumulation of Rubbish....................................27, 41Right-of-Way....................................................................53

Failure to Obtain Right-of-Way Tree Permit........17, 32Failure to Obtain Work in the Right-of-Way Permit 17,

32Failure to perfom duties.....................................18, 32Private Communication and Energy System Equipment

Prohibited...........................................................38Private Communication and Energy System Equipment

Prohibited...........................................................23Public Right-of-Way................................................191Snowmobile Prohibition...........................................21Snowmobile Prohibition...........................................36

SSanitary Sewer Utility.......................................................58

Discharge Into Sanitary and Storm Sewers...............38Discharge Into Sanitary and Storm Sewers...............23Failure to Perform Duties....................................18, 32Unlawful Discharge.............................................26, 41

Screening........................................................................192Setback...........................................................................193Severability.........................................................................9Sidewalk

Repairs.....................................................................55Sidewalks..........................................................................54

Liability....................................................................55Placing Debris on Street or Sidewalk...................25, 40Snow and Ice............................................................54Vehicles on Sidewalks..............................................16

Sign................................................................................193One-Way Signs.......................................................196Political Sign...........................................................190Portable Sign..........................................................190Projecting Sign........................................................191Residential Sign......................................................192Roof Sign................................................................192Signage Rules.........................................................133Speed Limit Signs....................................................196Stop Sign................................................................196Temporary Sign......................................................196Yield Sign................................................................196

Simple Misdemeanor Penalty...........................................15Site Plan..........................................................................193Snowmobiles

Definition...............................................................193Operation of Snowmobiles.................................20, 35Operation of Snowmobiles Restricted.................20, 35

Solid Waste.......................................................................55Burning of Solid Waste.......................................27, 41

Burying Solid Waste............................................27, 41Collection Service.....................................................55

Sound Level Meter.........................................................193Special Flood Hazard Area..............................................193Speed Limit.......................................................................15

Business District.......................................................15Minimum Speed.......................................................16Parks, Cemeteries, or Parking Lots............................15Residential or School District....................................15Suburban District.....................................................15

State Law..................................................................5, 6, 12Chapter 376.3 of the Code of Iowa.............................6Chapter 45 of the Code of Iowa..................................6Iowa Code 724.4A...............................................20, 35

Stormwater DrainageDischarge Into Sanitary and Storm Sewers...............38Discharge Into Sanitary and Storm Sewers...............23Obstruction of Drainage.....................................25, 39Unlawful Discharge.............................................26, 41

Street..............................................................................194Arterial Street........................................................194Collector Street......................................................194Local Street............................................................194

StreetsDumping of Snow...............................................26, 41Golf Cart Operation on City Streets.....................24, 39Illegal Dumping of Waste....................................26, 41Load Limits Upon Certain Streets..............................42Load Limits Upon Certain Streets..............................28Operation of Off-Road Vehicles on City Streets...26, 40Placing Debris on Street or Sidewalk...................25, 40Play Streets.........................................................25, 40Traveling on Barricaded Street............................25, 40Unlawful Painting of Curbs.................................25, 39Use of Coasters, Skates, Roller Coasters, or Similar

Devices..........................................................25, 40Use of Street for Business...................................25, 40

Sudas................................................................................52

TTitle....................................................................................5Tobacco

Failure to Obtain License to Sell..........................17, 32Sale or Gift of Tobacco Products to Minors.........22, 37

Towing of Vehicles............................................................50Traffic Control Devices.....................................................15Trapping.....................................................................23, 37Tree and Yard Waste

Illegal Dumping of Waste....................................26, 41

UUtilities.......................................See Water, Electric, Sewer

VVehicles

204


Clinging to Vehicles..................................................16Damaged Vehicle....................................................185Excessive Acceleration..............................................16Requirement to Stop Before Entering Right-of-Way. 16Tampering with Vehicle............................................15Use of Engine Brakes, Compression Brakes, and

Mechanical Exhaust Devices................................16Vehicles on Sidewalks..............................................16

WWater Supply

Shutting Off Service..................................................57Water Utility.........................................................18, 32, 56

Mandatory Connections...........................................56

Operating of Curb Stops and Fire Hydrants.........26, 40Rates........................................................................56

WeaponsDangerous Weapons...................................19, 33, 172Detection of Weapons........................................20, 35Discharge or Use of Dangerous Weapons............20, 34Offensive Weapons.....................................18, 33, 186Regulation of Weapons.......................................18, 33

ZZoning Regulations

Failure to Obtain Sign Permit..............................17, 32Failure to Obtain Zoning Permit..........................17, 32

205

2018 Neola City Code€¦ · Web viewThe word “must” is used to state a requirement. Shall. The word “shall” imposes a duty. Preceding and Following.

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