Fayette Permits & Applications

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1. Water-Sewer Utility Application

2. Building Permit Application - For more information from the Fayette City Code: Sidewalk Regulations, Solar Energy Systems, Zoning Regulations

    Do you need a building permit to put up a fence? No, however, for more information about fences in the Fayette City Code, click here.

3. Demolition Permit - For more information from the Fayette City Code: Demolition of Buildings

4. Fireworks Permit - For more information from the Fayette City Code: Public Health and Safety

5. Parade Permit - For more information from the Fayette City Code: Administration of Traffic Code

6. Zoning Variance Request - For more information from the Fayette City Code: Zoning Board of Adjustment

7. Zoning Change Request - For more information from the Fayette City Code: Planning and Zoning Commission, Zoning Regulations, Vacation and Disposal of Streets

8. Building Use Request Form

9. Peddler, Solicitor or Transient Merchant Application - For more information from the Fayette City Code: Peddler, Solicitor or Transient Merchants

10. Application for Flood Plain Development Permit - For more information from the Fayette City Code: Flood Plain Regulations

 

Disclaimer:
This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the City of Fayette.  The City of Fayette provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents may vary from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

For further information regarding the official version of this Code of Ordinances or other documents posted on this site, please contact the City of Fayette directly.

 

CHAPTER 22

PLANNING AND ZONING COMMISSION

22.01 Planning and Zoning Commission

22.04 Compensation

22.02 Term of Office

22.05 Powers

22.03 Vacancies

22.06 Duties

22.01    PLANNING AND ZONING COMMISSION.  There is hereby created a City Planning and Zoning Commission, hereinafter referred to as the Commission, composed of five (5) residents of the City who are qualified by knowledge and experience to act in matters pertaining to the development of City Planning and Zoning, none of whom shall hold any elective position in the City.  Such members shall be nominated by the Mayor or Council and appointed by the Council.

(Code of Iowa, Sec. 414.6 & 392.1)

22.02    TERM OF OFFICE.  The term of office of each member of the Commission shall be five (5) years.  The terms of not more than one member will expire in any one year. 

(Code of Iowa, Sec. 392.1)

22.03    VACANCIES.  Any vacancy occurring on the Commission, caused by resignation or otherwise, shall be filled by the Council for the unexpired term.

(Code of Iowa, Sec. 392.1)

22.04    COMPENSATION.  All members of the Commission shall serve without compensation, except their actual expenses, which shall be subject to the approval of the Council.

(Code of Iowa, Sec. 392.1)

22.05    POWERS.  The Commission shall have and possess the following powers and such other powers as may be expressly conferred upon it by law:

1. To make such surveys, studies, maps, plans or plats of the whole or any portion of the City which in the opinion of the Commission bears relation to a comprehensive plan.

2. To prepare a comprehensive plan regarding the height, number of stories and size of buildings and other structures; the size of yards, courts and other open spaces; the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes.

3. To recommend to the Council, from time to time as conditions require, amendments, supplements, changes or modifications in the comprehensive plan.

4. To study the zoning questions in the City and to draw and recommend boundaries for such zoning districts as the Commission may deem appropriate and to consider and suggest ordinances to achieve most efficiently the goals for City development as presented in the comprehensive plan.

5. To recommend to the Council, from time to time as conditions require, amendments, supplements, changes or modifications in the zoning ordinances as adopted by the Council.

22.06    DUTIES.  The Commission shall have and perform the following duties and such other duties as may be expressly imposed upon it by law:

1. To prepare a preliminary report of its study of the zoning questions in the City, together with a suggested zoning ordinance for the restriction and regulation of the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied by any structure, the size of yards, courts and other open spaces, the density of population and the location and use of the buildings, structures and land for trade, industry, residence or other purposes. Said report and ordinance shall contain descriptions and delineations of the boundaries of zoning districts as proposed by the Commission, and appropriate regulations and restrictions to be enforced therein.

2. Following preparation of the preliminary report and proposed ordinance, the Commission shall hold a public hearing thereon, public notice of which hearing shall be published in a newspaper not more than 30 or less than 15 days prior thereto, and such notice shall state the place where copies of the proposed ordinances are available for examination.

3. Within 30 days after the final adjournment of its public hearings, the Commission shall make a final report and submit the proposed ordinance to the Council, which, following its own public hearings upon the ordinance, may enact such proposed ordinance with or without change.

4. The Commission shall meet at such times as may be determined by it, and special meetings of the Commission may be held on call of the Chairperson. The City Administrator/Clerk shall act as Secretary of the Commission, unless provisions to the contrary are made by the Council.

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CHAPTER 27

ZONING BOARD OF ADJUSTMENT

27.01 Creation and Membership

27.05 Powers and Duties

27.02 Proceedings

27.06 Decisions

27.03 Hearings, Appeals, Notice

27.07 Appeals from Board of Adjustment

27.04 Stay of Proceedings

 

27.01  CREATION AND MEMBERSHIP.  A Board of Adjustment is hereby established. The Board shall consist of seven (7) members appointed by the Council for staggered terms of five years.  Members of the Board of Adjustment may be removed from office by the Council upon written charges reflecting unfitness for office and after public hearing.  Vacancies shall be filled by the Council for the unexpired term of the member affected.

27.02  PROCEEDINGS.  The Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of the City’s Zoning Regulations contained in Chapter 165 of this Code of Ordinances.  The Board of Adjustment shall appoint a Chairperson and a Vice-Chairperson.  Meetings shall be held at the call of the Chairperson or Vice-Chairperson and at such other times as the Board may determine.  The Chairperson, or in the absence of the Chairperson, the Vice-Chairperson, may administer oaths and compel attendance of witnesses.  A minimum of five (5) members, including the Chairperson and/or the Vice-Chairperson, shall be present at each meeting.  All meetings shall be open to the public.  The Board of Adjustment shall keep minutes of its proceeding showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be public record and be immediately filed in the office of the City Administrator/Clerk.  

27.03  HEARINGS, APPEALS, NOTICE.

1. Appeals to the Board of Adjustment concerning interpretation or administration of the Zoning Regulations may be taken by any person aggrieved or by any officer or bureau of the City affected by any decision of the administrative official. Such appeals shall be taken within a reasonable time not to exceed sixty (60) days by filing with the administrative official and with the Board of Adjustment a notice of appeal specifying the grounds thereof.  The administrative official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

2. The Board of Adjustment shall fix a reasonable time for hearing on the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney.

3. A fee in an amount set by annual resolution shall be paid to the administrative official at the time the notice of appeal is filed, which the administrative official shall forthwith pay over to the credit of the General Revenue Fund of the City.

27.04  STAY OF PROCEEDINGS.  An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the Board of Adjustment after notice of appeal is filed with such official that by reason of facts stated in the certificate, a stay would, in the opinion of the administrative official, cause imminent peril to life and property.  In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the administrative official from whom the appeal is taken and on due cause shown.

27.05  POWERS AND DUTIES.  The Board of Adjustment shall have the following powers and duties:

1. Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirements, decisions or determination made by the administrative official in the enforcement of the Zoning Regulations.

2. Special Exceptions. To hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of the Zoning Regulations and this chapter; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under the Zoning Regulations or to deny special exceptions when not in harmony with the purpose and intent of such regulations.  A special exception shall not be granted by the Board of Adjustment unless and until:

     A. A written application for a special exception is submitted indicating the section in the Zoning Regulations under which the special exception is sought and stating the grounds on which it is requested.

     B. Notice shall be given at least fifteen (15) days in advance of the public hearing by publication in a newspaper of general circulation in the City.

     C. The public hearing shall be held. Any party may appear in person, or by agent or attorney.

     D. The Board of Adjustment shall make a finding that it is empowered under the Zoning Regulations and this chapter to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

In granting any special exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the Zoning Regulations.  Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of the Zoning Regulations.  The Board of Adjustment shall prescribe a time limit within which the action for which the special exception is required shall be begun or completed or both.  Failure to begin or to complete, or both, such action within the time limit set shall void the special exception.

3. Variances. To authorize upon appeal in specific cases such variances from the terms of the Zoning Regulations as will not be contrary to the public interest where, owing to the special conditions, a literal enforcement of the provisions of the Zoning Regulations would result in unnecessary hardship.  A variance from the terms of the Zoning Regulations shall not be granted by the Board of Adjustment unless and until:

     A. A written application for a variance is submitted demonstrating:

          (1) 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.

          (2) That literal interpretation of the provisions of the Zoning Regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms thereof.

          (3) That the special conditions and circumstances do not result from the actions of the applicant.

          (4) That granting the variance requested will not confer on the applicant any special privilege that is denied by the Zoning Regulations to other land, structures or buildings in the same district.  No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.

     B. Notice of public hearing shall be given as provided in subsection 27.05(2)(B) of this chapter.

     C. The public hearing shall be held. Any party may appear in person or by agent or attorney.

     D. The Board of Adjustment shall make findings that the requirements of subsection A of this subsection have been met by the applicant for a variance.

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

     F. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of the Zoning Regulations and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the Zoning Regulations.  Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the Zoning Regulations.  Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of the Zoning Regulations in the district involved, or any use expressly or by implication prohibited by the terms of the Zoning Regulations in such district.

27.06  DECISIONS.  In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of this Code of Ordinances, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as it believes proper, and to that end shall have all the powers of the administrative official from whom the appeal is taken.  The concurring vote of four (4) of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under the Zoning Regulations or this chapter or to effect any variation in application of the same.

27.07  APPEALS FROM THE BOARD OF ADJUSTMENT.  Any persons or any taxpayer, department, board or bureau of the City aggrieved by any decision of the Board of Adjustment may seek review by a court of record of such decision, in the manner provided by the laws of the State, and particularly Chapter 414 of the Code of Iowa.

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CHAPTER 41

PUBLIC HEALTH AND SAFETY

41.11    FIREWORKS PERMIT.  It is unlawful for any person to use or explode any fireworks as defined in Section 727.2 of the Code of Iowa; provided the City may, upon application in writing, grant a permit for the display of fireworks by a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by City authorities when such fireworks display will be handled by a competent operator.  No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts:

1. Personal Injury: - $250,000.00 per person.

2. Property Damage: - $50,000.00.

3. Total Exposure: - $1,000,000.00.

(Code of Iowa, Sec. 727.2)

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CHAPTER 60

ADMINISTRATION OF TRAFFIC CODE

60.08    PARADES REGULATED.  No person shall conduct or cause any parade on any street except as provided herein:

1. “Parade” Defined. “Parade” means any march or procession of persons or vehicles organized for marching or moving on the streets in an organized fashion or manner or any march or procession of persons or vehicles represented or advertised to the public as a parade.

2. Permit Required. No parade shall be conducted without first obtaining a written permit from the Mayor or Police Chief.  Such permit shall state the time and date for the parade to be held and the streets or general route therefore. Such written permit granted to the person organizing or sponsoring the parade shall be permission for all participants therein to parade when such participants have been invited by the permittee to participate therein.  No fee shall be required for such permit.

3. Parade Not A Street Obstruction. Any parade for which a permit has been issued as herein required, and the persons lawfully participating therein, shall not be deemed an obstruction of the streets notwithstanding the provisions of any other ordinance to the contrary.

4. Control By Police and Fire Fighters. Persons participating in any parade shall at all times be subject to the lawful orders and directions in the performance of their duties of law enforcement personnel and members of the fire department.

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CHAPTER 122

PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS

122.01 Purpose

122.11 Revocation of License

122.02 Definitions

122.12 Notice

122.03 License Required

122.13 Hearing

122.04 Application for License

122.14 Record and Determination

122.05 License Fees

122.15 Appeal

122.06 Bond Required

122.16 Effect of Revocation

122.07 License Issued

122.17 Rebates

122.08 Display of License

122.18 License Exemptions

122.09 License Not Transferable

122.19 Charitable and Nonprofit Organizations

122.10 Time Restriction

 

122.01    PURPOSE.  The purpose of this chapter is to protect residents of the City against fraud, unfair competition and intrusion into the privacy of their homes by licensing and regulating peddlers, solicitors and transient merchants.

122.02    DEFINITIONS.  For use in this chapter the following terms are defined:

1. “Peddler” means any person carrying goods or merchandise who sells or offers for sale for immediate delivery such goods or merchandise from house to house or upon the public street.

2. “Solicitor” means any person who solicits or attempts to solicit from house to house or upon the public street any contribution or donation or any order for goods, services, subscriptions or merchandise to be delivered at a future date.

3. “Transient merchant” means any person who engages in a temporary or itinerant merchandising business and in the course of such business hires, leases or occupies any building or structure whatsoever, or who operates out of a vehicle which is parked anywhere within the City limits.  Temporary association with a local merchant, dealer, trader or auctioneer, or conduct of such transient business in connection with, as a part of, or in the name of any local merchant, dealer, trader or auctioneer does not exempt any person from being considered a transient merchant.

122.03    LICENSE REQUIRED.  Any person engaging in peddling, soliciting or in the business of a transient merchant in the City without first obtaining a license as herein provided is in violation of this chapter.

122.04    APPLICATION FOR LICENSE.  An application in writing shall be filed with the City Administrator/Clerk for a license under this chapter.  Such application shall set forth the applicant’s name, permanent and local address and business address if any.  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.  An application fee in an amount established by resolution of the Council shall be paid at the time of filing such application to cover the cost of investigating the facts stated therein.

122.05    LICENSE FEES.  License fees in amounts established by resolution of the Council shall be paid to the City Administrator/Clerk prior to the issuance of any license.

122.06    BOND REQUIRED.  Before a license under this chapter is issued to a transient merchant, an applicant shall provide to the City Administrator/Clerk evidence that the applicant has filed a bond with the Secretary of State in accordance with Chapter 9C of the Code of Iowa.

122.07    LICENSE ISSUED.  If the City Administrator/Clerk finds the application is completed in conformance with the requirements of this chapter, the facts stated therein are found to be correct and the license fee paid, a license shall be issued immediately.

122.08    DISPLAY OF LICENSE.  Each solicitor or peddler shall keep such license in possession at all times while doing business in the City and shall, upon the request of prospective customers, exhibit the license as evidence of compliance with all requirements of this chapter.  Each transient merchant shall display publicly such merchant’s license in the merchant’s place of business.

122.09    LICENSE 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.

122.10    TIME RESTRICTION.  All peddler’s and solicitor’s licenses shall provide that said licenses are in force and effect only between the hours of eight o’clock (8:00) a.m. and six o’clock (6:00) p.m.

122.11    REVOCATION OF LICENSE.   After notice and hearing, the City Administrator/Clerk may revoke any license issued under this chapter for the following reasons:

1. Fraudulent Statements. The licensee has made fraudulent statements in the application for the license or in the conduct of the business.

2. Violation of Law. The licensee has violated this chapter or has otherwise conducted the business in an unlawful manner.

3. Endangered Public Welfare, Health or Safety. The licensee has conducted the business in such manner as to endanger the public welfare, safety, order or morals.

122.12    NOTICE.  The City Administrator/Clerk shall send a notice to the licensee at the licensee’s local address, not less than ten (10) days before the date set for a hearing on the possible revocation of a license.  Such notice shall contain particulars of the complaints against the licensee, the ordinance provisions or State statutes allegedly violated, and the date, time and place for hearing on the matter.

122.13    HEARING.  The City Administrator/Clerk shall conduct a hearing at which both the licensee and any complainants shall be present to determine the truth of the facts alleged in the complaint and notice.  Should the licensee, or authorized representative, fail to appear without good cause, the City Administrator/Clerk may proceed to a determination of the complaint.

122.14    RECORD AND DETERMINATION.  The City Administrator/Clerk shall make and record findings of fact and conclusions of law, and shall revoke a license only when upon review of the entire record the City Administrator/Clerk finds clear and convincing evidence of substantial violation of this chapter or State law.

122.15    APPEAL.  If the City Administrator/Clerk revokes or refuses to issue a license, the City Administrator/Clerk shall make a part of the record the reasons therefor.  The licensee, or the applicant, shall have a right to a hearing before the Council at its next regular meeting.  The Council may reverse, modify or affirm the decision of the City Administrator/Clerk by a majority vote of the Council members present and the City Administrator/Clerk shall carry out the decision of the Council.

122.16    EFFECT OF REVOCATION.  Revocation of any license shall bar the licensee from being eligible for any license under this chapter for a period of one year from the date of the revocation.

122.17    REBATES.  Any licensee, except in the case of a revoked license, shall be entitled to a rebate of part of the fee paid if the license is surrendered before it expires.  The amount of the rebate shall be determined by dividing the total license fee by the number of days for which the license was issued and then multiplying the result by the number of full days not expired.  In all cases, at least five dollars ($5.00) of the original fee shall be retained by the City to cover administrative costs.

122.18    LICENSE EXEMPTIONS.  The following are excluded from the application of this chapter.

1. Newspapers. Persons delivering, collecting for or selling subscriptions to newspapers.

2. Club Members. Members of local civic and service clubs, Boy Scout, Girl Scout, 4-H Clubs, Future Farmers of America and similar organizations.

3. Local Residents and Farmers. Local residents and farmers who offer for sale their own products.

4. Students. Students representing the North Fayette Community School District conducting projects sponsored by organizations recognized by the school.

5. Route Sales. Route 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.

122.19    CHARITABLE AND NONPROFIT ORGANIZATIONS.  Authorized representatives of charitable or nonprofit organizations operating under the provisions of Chapter 504A of the Code of Iowa desiring to solicit money or to distribute literature are exempt from the operation of Sections 122.04 and 122.05.   All such organizations are required to submit in writing to the City Administrator/Clerk the name and purpose of the cause for which such activities are sought, names and addresses of the officers and directors of the organization, the period during which such activities are to be carried on, and whether any commissions, fees or wages are to be charged by the solicitor and the amount thereof.  If the City Administrator/Clerk finds that the organization is a bona fide charity or nonprofit organization the City Administrator/Clerk shall issue, free of charge, a license containing the above information to the applicant.  In the event the City Administrator/Clerk denies the exemption, the authorized representatives of the organization may appeal the decision to the Council, as provided in Section 122.15 of this chapter.

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CHAPTER 136

SIDEWALK REGULATIONS

136.01 Purpose

136.12 Awnings

136.02 Definitions

136.13 Encroaching Steps

136.03 Removal of Snow, Ice and Accumulations

136.14 Openings and Enclosures

136.04 Responsibility for Maintenance

136.15 Fires or Fuel on Sidewalks

136.05 City May Order Repairs

136.16 Defacing

136.06 Sidewalk Construction Ordered

136.17 Debris on Sidewalks

136.07 Permit Required

136.18 Merchandise Display

136.08 Sidewalk Standards

136.19 Sales Stands

136.09 Barricades and Warning Lights

136.20 Grates

136.10 Failure to Repair or Barricade

136.21 Gutters and Downspouts

136.11 Interference with Sidewalk Improvements

 

136.01    PURPOSE.  The purpose of this chapter is to enhance safe passage by citizens on sidewalks, to place the responsibility for the maintenance, repair, replacement or reconstruction of sidewalks upon the abutting property owner and to minimize the liability of the City.

136.02    DEFINITIONS.  For use in this chapter the following terms are defined:

1. “Broom finish” means a sidewalk finish that is made by sweeping the sidewalk when it is hardening.

2. “Established grade” means that grade established by the City for the particular area in which a sidewalk is to be constructed.

3. “One-course construction” means that the full thickness of the concrete is placed at one time, using the same mixture throughout.

4. “Owner” means the person owning the fee title to property abutting any sidewalk and includes any contract purchaser for purposes of notification required herein. For all other purposes, “owner” includes the lessee, if any.

5. “Portland cement” means any type of cement except bituminous cement.

6. “Sidewalk” means all permanent public walks in business, residential or suburban areas.

7. “Sidewalk improvements” means the construction, reconstruction, repair, replacement or removal, of a public sidewalk and/or the excavating, filling or depositing of material in the public right-of-way in connection therewith.

8. “Wood float finish” means a sidewalk finish that is made by smoothing the surface of the sidewalk with a wooden trowel.

136.03    REMOVAL OF SNOW, ICE AND 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 it snows, the City may do so and assess the costs against the property owner for collection in the same manner as a property tax.

(Code of Iowa, Sec. 364.12[2b & e])

136.04    RESPONSIBILITY FOR MAINTENANCE.  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.

(Code of Iowa, Sec. 364.12 [2c]) 

136.05    CITY MAY ORDER REPAIRS.  If the abutting property owner does not maintain sidewalks as required, the Council may serve notice on such owner, by certified mail, 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 Council 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.

(Code of Iowa, Sec. 364.12[2d & e])

136.06    SIDEWALK CONSTRUCTION ORDERED.  The Council may order the construction of permanent sidewalks upon any street or court in the City and may specially assess the cost of such improvement to abutting property owners in accordance with the provisions of Chapter 384 of the Code of Iowa.  

(Code of Iowa, Sec. 384.38)

136.07    PERMIT REQUIRED.  No person shall remove, reconstruct or install a sidewalk 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.

136.08    SIDEWALK STANDARDS.  Sidewalks repaired, replaced or constructed under the provisions of this chapter shall be of the following construction and meet the following standards:

1. Cement. Portland cement shall be the only cement used in the construction and repair of sidewalks.

2. Construction. Sidewalks shall be of one-course construction.

3. Sidewalk Base. Concrete may be placed directly on compact and well-drained soil.  Where soil is not well drained, a three (3) inch sub-base of compact, clean, coarse gravel, sand, or cinders shall be laid.  The adequacy of the soil drainage is to be determined by the City. 

4. Sidewalk Bed. The sidewalk bed shall be so graded that the constructed sidewalk will be at established grade.

5. Length, Width and Depth. Length, width and depth requirements are as follows:

     A. Residential and B-2 Business District sidewalks shall be at least four (4) feet wide and four (4) inches thick, and each section shall be no more than six (6) feet in length.

     B. B-1 Business District sidewalks shall extend from the property line to the curb. Each section shall be four (4) inches thick and no more than six (6) feet in length.

     C. Driveway areas shall be not less than six (6) inches in thickness.

6. Location. Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) one foot from the property line, unless the Council establishes a different distance due to special circumstances.

7. Grade. Curb tops shall be on level with the centerline of the street which shall be the established grade.

8. Elevations. The street edge of a sidewalk shall be at an elevation even with the curb at the curb or not less than one-half (½) inch above the curb for each foot between the curb and the sidewalk.  

9. Slope. All sidewalks shall slope one-quarter (¼) inch per foot toward the curb.

10. Finish. All sidewalks shall be finished with a “broom” or “wood float” finish. 

11. Ramps for Handicapped. There shall be not less than two (2) curb cuts or ramps per lineal block which shall be located on or near the crosswalks at intersections.  Each curb cut or ramp shall be at least thirty (30) inches wide, shall be sloped at not greater than one inch of rise per twelve (12) inches lineal distance, except that a slope no greater than one inch of rise per eight (8) inches lineal distance may be used where necessary, shall have a nonskid surface, and shall otherwise be so constructed as to allow reasonable access to the crosswalk for physically handicapped persons using the sidewalk.   

(Code of Iowa, Sec. 216C.9)

136.09    BARRICADES AND WARNING LIGHTS.  Whenever any material of any kind is deposited on any street, avenue, highway, passageway or alley when sidewalk improvements are being made or when any sidewalk is in a dangerous condition, it shall be the duty of all persons having an interest therein, either as the contractor or the owner, agent, or lessee of the property in front of or along which such material may be deposited, or such dangerous condition exists, to put in conspicuous places at each end of such sidewalk and at each end of any pile of material deposited in the street, a sufficient number of approved warning lights or flares, and to keep them lighted during the entire night and to erect sufficient barricades both at night and in the daytime to secure the same.  The party or parties using the street for any of the purposes specified in this chapter shall be liable for all injuries or damage to persons or property arising from any wrongful act or negligence of the party or parties, or their agents or employees or for any misuse of the privileges conferred by this chapter or of any failure to comply with provisions hereof.

136.10    FAILURE TO REPAIR OR BARRICADE.  It is the duty of the owner of the property abutting the sidewalk, or the owner’s contractor or agent, to notify the City immediately in the event of failure or inability to make necessary sidewalk improvements or to install or erect necessary barricades as required by this chapter.

136.11    INTERFERENCE WITH SIDEWALK IMPROVEMENTS.  No person shall knowingly or willfully drive any vehicle upon any portion of any sidewalk or approach thereto while in the process of being improved or upon any portion of any completed sidewalk or approach thereto, or shall remove or destroy any part or all of any sidewalk or approach thereto, or shall remove, destroy, mar or deface any sidewalk at any time or destroy, mar, remove or deface any notice provided by this chapter.

136.12    AWNINGS.  It is unlawful for a person to erect or maintain any awning over any sidewalk unless all parts of the awning are elevated at least eight (8) feet above the surface of the sidewalk and the roof or covering is made of duck, canvas or other suitable material supported by iron frames or brackets securely fastened to the building, without any posts or other device that will obstruct the sidewalk or hinder or interfere with the free passage of pedestrians.

136.13    ENCROACHING STEPS.  It is unlawful for a person to erect or maintain any stairs or steps to any building upon any part of any sidewalk without permission by resolution of the Council.

136.14    OPENINGS AND ENCLOSURES.  It is unlawful for a person to:

1. Stairs and Railings. Construct or build a stairway or passageway to any cellar or basement by occupying any part of the sidewalk, or to enclose any portion of a sidewalk with a railing without permission by resolution of the Council.

2. Openings. Keep open any cellar door, grating or cover to any vault on any sidewalk except while in actual use with adequate guards to protect the public. 

3. Protect Openings. Neglect to properly protect or barricade all openings on or within six (6) feet of any sidewalk.

136.15    FIRES OR FUELS ON SIDEWALKS.  It is unlawful for a person to make a fire of any kind on any sidewalk or to place or allow any fuel to remain upon any sidewalk.

136.16    DEFACING.  It is unlawful for a person to scatter or place any paste, paint or writing on any sidewalk.

(Code of Iowa, Sec. 716.1)   

136.17    DEBRIS ON SIDEWALKS.  It is unlawful for a person to throw or deposit on any sidewalk any glass, nails, glass bottle, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, or any substance likely to injure any person, animal or vehicle.

(Code of Iowa, Sec. 364.12 [2]) 

136.18    MERCHANDISE DISPLAY.  It is unlawful for a person to place upon or above any sidewalk, any goods or merchandise for sale or for display in such a manner as to interfere with the free and uninterrupted passage of pedestrians on the sidewalk; in no case shall more than three (3) feet of the sidewalk next to the building be occupied for such purposes.

136.19    SALES STANDS.  It is unlawful for a person to erect or keep any vending machine or stand for the sale of fruit, vegetables or other substances or commodities on any sidewalk without first obtaining a written permit from the Council.

136.20    GRATES.  All grates used on sidewalks shall be kept in good repair by the abutting property owner and on a level of the walk, made of substantial material and so constructed as not to cause any interference with foot traffic thereon.

136.21    GUTTERS AND DOWNSPOUTS.  All eaves and gutters shall be so constructed as not to allow same to run water from roofs onto sidewalks.

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CHAPTER 137

VACATION AND DISPOSAL OF STREETS

137.02    PLANNING AND ZONING COMMISSION.  Any proposal to vacate a street, alley, portion thereof or any public grounds shall be referred by the Council to the Planning and Zoning Commission for its study and recommendation prior to further consideration by the Council.  The Commission shall submit a written report including recommendations to the Council within thirty (30) days after the date the proposed vacation is referred to the Commission.  

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CHAPTER 155

DEMOLITION OF BUILDINGS

155.01  Demolition Permit

155.03  Scope of Work

155.02  Permit Requirements

155.04  Owner’s Responsibility

155.01    DEMOLITION PERMIT.  No person shall demolish any building within the City without first obtaining a written permit for the same from the City.

155.02    PERMIT REQUIREMENTS.  Demolition permits may be obtained from the office of the City Administrator/Clerk.  The party requesting the permit must supply the City with the schedule of demolition, including starting and completion dates.

155.03    SCOPE OF WORK.  No person shall demolish any building without providing for the appropriate disconnection of all utilities and all sanitary and storm sewers shall be plugged or capped.  The basement walls and foundation shall be completely removed and the hole filled to one (1) foot above the average grade with clean fill dirt.  The area shall be properly barricaded to discourage trespassing.

155.04    OWNER’S RESPONSIBILITY.  It is the responsibility of the property owner to see that the contractor and workers are properly covered with property and liability insurance and that the demolition is completed in a reasonable time and that all debris is removed.

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CHAPTER 160

FLOOD PLAIN REGULATIONS

160.01  Definitions

160.07  (Blank)

160.02  Statutory Authority, Findings of Fact and Purpose

160.08  Establishment of Appeal and Variance Procedures

160.03  General Provisions

160.09  Nonconforming Uses

160.04  Administration

160.10  (Blank)

160.05  Establishment of Zoning (Overlay) Districts

160.11  Penalties for Violation

160.06  Floodplain (Overlay) District

160.12  Amendments

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

1. “Appurtenant structure” means a structure which is on the same parcel of the property as the principal structure to be insured and the use of which is incidental to the use of the principal structure

2. “Base flood” means the flood having one percent chance of being equaled or exceeded in any given year and is also commonly referred to as the “100-year flood.”

3. “Base flood elevation” (BFE) means the elevation floodwaters would reach at a particular site during the occurrence of a base flood event.

4. “Basement” means any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides. Also see “lowest floor.”

5. “Development” means any man-made change to improved or unimproved real estate, including (but not limited to) buildings 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 or grading.

6. “Enclosed area below lowest floor” means the floor of the lowest enclosed area in a building when all the following criteria are met:

     A. The enclosed area is designed to flood to equalize hydrostatic pressure during flood events with walls or openings that satisfy the provisions of Section 160.06(2)(D)(1) of this chapter.

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

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

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

7. “Existing construction” means any structure for which the start of construction commenced before the effective date of the first floodplain management regulations adopted by the community.

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

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

10. “Factory-built home” means any structure, designed for residential use which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation, on a building site. For the purpose of this chapter, factory-built homes include mobile homes, manufactured homes, and modular homes; and also 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.

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

12. “500-year flood” means a flood, the magnitude of which has a two-tenths percent chance of being equaled or exceeded in any given year or which, on average, will be equaled or exceeded at least once every 500 years.

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

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

15. “Flood insurance study” (FIS) means a report published by FEMA for a community issued along with the community’s Flood Insurance Rate Maps. The study contains such background data as the base flood discharge and water surface elevations that were used to prepare the FIRM.

16. “Floodplain” means any land area susceptible to being inundated by water as a result of a flood.

17. “Floodplain management” means an overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of floodplains, including (but not limited to) emergency preparedness plans, flood control works, floodproofing and floodplain management regulations.

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

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

20. “Floodway fringe” means those portions of the Special Flood Hazard Area outside the floodway.

21. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

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

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

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

23. “Lowest floor” means the floor of the lowest enclosed area in a building including a basement except when the criteria listed in the definition of Enclosed Area Below Lowest Floor are met.

24. “Maximum damage potential development” means hospitals and like institutions; buildings or building complexes containing documents, data, or instruments of great public value; buildings or building complexes containing materials dangerous to the public or fuel storage facilities; power installations needed in emergency or other buildings or building complexes similar in nature or use.

25. “Minor projects” means small development activities (except for filling, grading, and excavating) valued at less than $500.00.

26. “New construction” (new buildings, factory-built home parks, accessory structures) means 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.

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

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

     A. Built on a single chassis.

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

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

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

29. “Routine maintenance of existing buildings and facilities” means repairs necessary to keep a structure in a safe and habitable condition that do not trigger a building permit, provided they are not associated with a general improvement of the structure or repair of a damaged structure.  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.

30. “Special flood hazard area” (SFHA) means the land within a community subject to the base flood. This land is identified on the community’s Flood Insurance Rate Map as Zone A, A1-30, AE, AH, AO, AR, and/or A99.

31. “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.

32. “Structure” means anything constructed or erected on the ground or attached to the ground, including (but not limited to) buildings, factories, sheds, cabins, factory-built homes, storage tanks, grain storage facilities, and/or other similar uses.

33. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Volunteer labor and donated materials shall be included in the estimated cost of repair. Substantial damage also means flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. Volunteer labor and donated materials shall be included in the estimated cost of repair.

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

     A. Any repair, reconstruction or improvement of a structure taking place during a 10-year period, the cumulative cost of which, equals or exceeds fifty (50) percent of the market value of the structure either (i) before the "start of construction" of the first improvement of the structure, or (ii) if the structure has been "substantially damaged" and is being restored, before the damage occurred.

The term does not, however, include any project for improvement of a structure to 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 a historic structure, provided the alteration will not preclude the structure’s designation as a 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.

35. “Variance” means a grant of relief by a community from the terms of the floodplain management regulations.

36. “Violation” means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations.

160.02    STATUTORY AUTHORITY, FINDINGS OF FACT AND PURPOSE.

1. The Legislature of the State of Iowa has in Chapter 414, Code of Iowa, as amended, delegated the power to cities to enact zoning regulations to secure safety from flood and to promote health and the general welfare.

2. Findings of Fact.

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

     B. These flood losses, hazards, and related adverse effects are caused by: (i) the occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected from flooding; and (ii) the cumulative effect of obstructions on the floodplain causing increases in flood heights and velocities.

     C. This chapter relies upon engineering methodology for analyzing flood hazards which is consistent with the standards established by the Department of Natural Resources.

3. Statement of Purpose. It is the purpose of this chapter to protect and preserve the rights, privileges, and property of the City and its residents and to preserve and improve the peace, safety, health, welfare, and comfort and convenience of its residents by minimizing those flood losses described in Paragraph 2(A) of this section with provisions designed to:

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

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

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

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

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

160.03    GENERAL PROVISIONS.

1. Lands to Which Chapter Applies. The provisions of this chapter shall apply to all lands within the jurisdiction of the City which are located within the boundaries of the Floodplain (Overlay) District as established in Section 160.05 of this chapter.

2. Establishment of Official Floodplain Zoning Map. The Flood Insurance Rate Map (FIRM) for Fayette County and Incorporated Areas, City of Fayette, Panels 19065C0302E, 0304E, 0306E, and 0308E, dated May 18, 2021, which were prepared as part of the Flood Insurance Study for Fayette County, is (are) hereby adopted by reference and declared to be the Official Floodplain Zoning Map. The Fayette County Flood Insurance Study is hereby adopted by reference and is made a part of this chapter for the purpose of administering floodplain management regulations.

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

4. Compliance. No structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter.

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

6. Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State statutes.

7. Warning and Disclaimer of Liability. The standards required by this chapter are considered reasonable for regulatory purposes.  This chapter does not imply that areas outside the designated Floodplain (Overlay) District areas will be free from flooding or flood damages.  This chapter 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 chapter or any administrative decision lawfully made thereunder.

8. Severability. If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

160.04    ADMINISTRATION.

1. Appointment, Duties and Responsibilities of Local Official. The City Administrator/Clerk is hereby appointed to implement and administer the provisions of this chapter and will herein be referred to as the Administrator.  Duties and responsibilities of the Administrator shall include (but not necessarily be limited to) the following:

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

     B. 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.

     C. Record and maintain a record of: (i) the elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of all new or substantially improved structures; or (ii) the elevation to which new or substantially improved structures have been floodproofed.

     D. Notify adjacent communities/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.

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

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

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

     H. Review subdivision proposals to ensure such proposals are consistent with the purpose of this chapter and advise the Board of Adjustment of potential conflict.

     I. Maintain the accuracy of the community’s Flood Insurance Rate Maps when:

          (1) Development placed within the Floodway (Overlay) District results in any of the following:

               a. An increase in the Base Flood Elevations; or

               b. Alteration to the floodway boundary;

          (2) Development placed in Zones A, AE, AH, and A1-30 that does not include a designated floodway that will cause a rise of more than one foot in the base elevation; or

          (3) Development relocates or alters the channel.

Within six months of the completion of the development, the applicant shall submit to FEMA all scientific and technical data necessary for a Letter of Map Revision.

     J. Perform site inspections to ensure compliance with the standards of this chapter.

     K. Forward all requests for variances to the Board of Adjustment for consideration. Ensure all requests include the information ordinarily submitted with applications as well as any additional information deemed necessary to the Board of Adjustment.

2. Floodplain Development Permit.

     A. Permit Required. 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, storage of materials and equipment, excavation or drilling operations), including the placement of factory-built homes.

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

          (1) Description of the work to be covered by the permit for which application is to be made.

          (2) Description of the land on which the proposed work is to be done (e.g., lot, block, track, street address or similar description) that will readily identify and locate the work to be done.

          (3) Location and dimensions of all structures and additions.

          (4) Indication of the use or occupancy for which the proposed work is intended.

          (5) Elevation of the base flood.

          (6) Elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of structure or of the level to which a structure is to be floodproofed.

          (7) For structures being improved or rebuilt, the estimated cost of improvements and market value of the structure prior to the improvements.

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

     C. 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 chapter and shall approve or disapprove the application.  For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefor.  The Administrator shall not issue permits for variances except as directed by the Board of Adjustment.

     D. 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 chapter.  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, structure floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of this chapter, prior to the use or occupancy of any structure.

160.05    ESTABLISHMENT OF ZONING (OVERLAY) DISTRICTS.  The floodplain areas within the jurisdiction of this chapter are hereby divided into the following districts:

1. Floodplain (Overlay) District – those areas identified as Zone A on the Official Floodplain Zoning Map.

The boundaries shall be as shown on the Official Floodplain Zoning Map.  Within these districts, all uses not allowed as permitted uses are prohibited unless a variance to the terms of this chapter is granted after due consideration by the Board of Adjustment.

160.06    FLOODPLAIN (OVERLAY) DISTRICT.

1. Permitted Uses

     A. All development within the Floodplain District shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet the applicable performance standards of the Floodplain District.

     B. Any development which involves placement of structures, factory-built homes, fill or other obstructions, storage of materials or equipment, excavation or alteration of a watercourse shall be reviewed by the Department of Natural Resources to determine (i) whether the land involved is either wholly or partly within the floodway or floodway fringe and (ii) the base flood elevation. The applicant shall be responsible for providing the Department of Natural Resources with sufficient technical information to make the determination.

     C. Review by the Iowa Department of Natural Resources is not required for the proposed construction of new or replacement bridges or culverts where:

          (1) The bridge or culvert is located on a stream that drains less than two (2) square miles, and

          (2) The bridge or culvert is not associated with a channel modification that constitutes a channel change as specified in 567-71.2(2), Iowa Administrative Code.

2. Performance Standards. All development must be consistent with the need to minimize flood damage and meet the following applicable performance standards.  Where base flood elevations and floodway data have not been provided in the Flood Insurance Study, the Iowa Department of Natural Resources shall be contacted to compute such data. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determination.

     A. All development shall:

          (1) Be designed and adequately anchored to prevent flotation, collapse, or lateral movement.

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

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

     B. Residential Structures. All new or substantially improved residential structures shall have the lowest floor, including basement, elevated a minimum of one foot above the base flood elevation.  Construction shall be upon compacted fill which shall, at all points, be no lower than one foot above the base flood elevation and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon.  Alternate methods of elevating (such as piers or extended foundations) may be allowed subject to favorable consideration by the Board of Adjustment, where existing topography, street grades, or other factors preclude elevating by fill.  In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding.  All new residential structures located in areas that would become isolated due to flooding of surrounding ground shall be provided with a means of access that will be passable by wheeled vehicles during the base flood.  However, this criterion shall not apply where the Administrator determines there is sufficient flood warning time for the protection of life and property.  When estimating flood warning time, consideration shall be given to the criteria listed in 567-75.2(3), Iowa Administrative Code.

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

     D. All New and Substantially Improved Structures:

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

               a. A minimum of two openings, with positioning on at least two walls, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

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

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

Such areas shall be used solely for parking of vehicles, building access and low damage potential storage.  Where the distance between the floor and ceiling of the fully enclosed area below the “lowest floor” is five (5) feet or more, the applicant shall be required to sign and record with the Fayette County Recorder a Non-Conversion Agreement that ensures the lower enclosed area remains compliant with the criteria outlined in this subsection.)

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

          (3) New and substantially improved structures shall be constructed with electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities (including ductwork) elevated or floodproofed to a minimum of one (1) foot above the base flood elevation.

     E. Factory-Built Homes:

          (1) All new and substantially improved 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 foot above the base flood elevation.

          (2) All new and substantially improved factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be anchored to resist flotation, collapse, or lateral movement.  Anchorage systems may include, but are not limited to, use of over-the-top or frame ties to ground anchors as required by the State Building Code.

     F. Utility and Sanitary Systems:

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

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

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

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

     G. Storage of Equipment and Materials. Storage of equipment and materials that are flammable, explosive, or injurious to human, animal, or plant life is prohibited unless elevated a minimum of one foot above the base flood elevation.  Other material and equipment must either be similarly elevated or: (i) not subject to major flood damage and anchored to prevent movement due to flood waters; or (ii) readily removable from the area within the time available after flood warning.

     H. Flood Control Structures. Flood control structural works such as levees, flood walls, etc. shall provide, at a minimum, protection from the base flood with a minimum of three feet of design freeboard and shall provide for adequate interior drainage.  In addition, the Department of Natural Resources shall approve structural flood control works.

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

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

     K. Accessory Structures to Residential Uses.

          (1) Detached garages, sheds, and similar structures that are incidental to a residential use are exempt from the base flood elevation requirements where the following criteria are satisfied.

               a. The structure shall be designed to have low flood damage potential. Its size shall not exceed 600 sq. ft. in size. Those portions of the structure located less than 1 foot above the base flood elevation must be constructed of flood-resistant materials.

               b. The structure shall be used solely for low flood damage potential purposes such as vehicle parking and limited storage. The structure shall not be used for human habitation.

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

               d. The structure shall be firmly anchored to prevent flotation, collapse, and lateral movement which may result in damage to other structures.

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

               f. The structure’s walls shall include openings that satisfy the provisions of Paragraph D(1) of this subsection.

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

     L. Recreational Vehicles. Recreational vehicles are exempt from the requirements of Paragraph E of this subsection regarding anchoring and elevation of factory-built homes when the following criteria are satisfied. 

          (1) The recreational vehicle shall be located on the site for less than 180 consecutive days; and

          (2) 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.

Recreational vehicles that are located on the site for more than 180 consecutive days or are not ready for highway use must satisfy requirements of Paragraph E of this subsection regarding anchoring and elevation of factory-built homes.

     M. Pipeline Crossings. 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.

     N. Maximum Damage Potential Development. All new or substantially improved maximum damage potential development shall have the lowest floor (including basement) elevated a minimum of one (1) foot above the elevation of the 500-year flood, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 0.2% annual chance flood; and that the structure, below the 0.2% annual chance flood elevation 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 floodproofed shall be maintained by the Administrator. Where 0.2% chance flood elevation data has not been provided in the Flood Insurance Study, the Iowa Department of Natural Resources shall be contacted to compute such data. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to make such determinations.

160.08    ESTABLISHMENT OF APPEAL AND VARIANCE PROCEDURES.  The Board of Adjustment shall hear and decide: (i) appeals; and (ii) requests for variances to the provisions of this chapter, and shall take any other action which is required of the Board.

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

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

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

     B. Variances shall not be issued within any designated floodway if any increase in flood levels during the base 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.

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

     D. In cases where the variance involves a lower level of flood protection for structures than what is ordinarily required by this chapter, 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 $25.00 for $100.00 of insurance coverage; and (ii) such construction increases risks to life and property.

     E. All variances granted shall have the concurrence or approval of the Department of Natural Resources.

3. Hearings and Decisions of the Board.

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

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

          (1) Factors Upon Which the Decision of the Board Shall Be Based.  In passing upon applications for variances, the Board shall consider all relevant factors specified in other sections of this chapter and:

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

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

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

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

               e. The importance of the 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.

               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 chapter.

          (2) Conditions Attached to Variances.  Upon consideration of the factors listed above, the Board may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.  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 chapter.

               e. Floodproofing 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 Board shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

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

160.09    NONCONFORMING USES.  A structure or the use of a structure or premises which was lawful before the passage or amendment of the ordinance codified in this chapter, but which is not in conformity with the provisions of this chapter, may be continued subject to the following conditions:

1. If such use is discontinued for six consecutive months, any future use of the building premises shall conform to this chapter.

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 50 percent of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this chapter. 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

Except as provided in Subsection 2 of this section, any use which has been permitted as a variance shall be considered a conforming use.

160.11    PENALTIES FOR VIOLATION.  Violations of the provisions of this chapter or failure to comply with any of the requirements (including violations of conditions and safeguards established in connection with grants of variances) shall constitute a misdemeanor.  Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 or imprisoned for not more than 30 days.  Each day such violation continues shall be considered a separate offense.  Nothing herein contained prevent the City from taking such other lawful action as is necessary to prevent or remedy violation.

160.12   AMENDMENTS.  The regulations and standards set forth in this chapter 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.

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CHAPTER 162

SOLAR ENERGY SYSTEMS

162.01 Purpose

162.03 Permit Process

162.02 Definitions

162.04 Solar Energy System Requirements

162.01 PURPOSE. The purpose of this chapter is to provide regulations for construction, instillation, and operation of solar energy systems in the city limits of Fayette, Iowa.

162.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

  1. Accessory Structure: A structure which is on the same lot or parcel of property as a principal structure and the use of which is incidental to the use of the principal structure.
  2. Ground-Mounted Solar Energy System: Solar energy system that is free standing, directly installed to the ground, and is not supported by any building, accessory, or dwelling. For the purposes of this chapter, solar powered lights used to illuminate exterior areas shall not be included in this definition.
  3. Passive Solar Energy System: A system that captures solar light or heat without transforming it to another form of energy or transferring the energy via heat exchanger.
  4. Principal Structure: The main structure or building on a lot or parcel in which the primary permitted use by right occurs.
  5. Roof-Mounted Solar Energy System: A solar energy system mounted directly abutting the roof or as modules fixed to frames which can be tilted toward the south at an optimal angle.
  6. Solar Energy System: A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating.

162.03 PERMIT PROCESS. All owners of residential or commercial property shall acquire a building permit from the City of Fayette and provide a shade report or equivalent documentation from a licensed solar installer prior to construction of solar energy systems. Those failing to acquire a building permit are subject to fines as noted in the code of ordinances. Roof-mounted Solar Energy Systems need only an approved building permit as long as all requirements are met. Ground-Mounted Solar Energy Systems require approval from the City Council. The City Council shall hold a public hearing and send a notification to all property owners within 250 feet of the property where the ground-mounted solar energy system will be erected advising them of the public hearing. If a variance is needed for any part of the solar energy system to be installed on the property, after approval from the City Council, the owners of the property will also need approval from the Board of Adjustment, as stated in Chapter 165.

162.04 SOLAR ENERGY SYSTEM REQUIREMENTS.

  (A) Height: Roof-mounted solar energy systems in residential applications shall not be higher than 10 inches above the roof at any point. Ground-mounted solar energy systems in residential applications shall not exceed 15 feet in height from grade at total extended height.

  (B) Location: The locations of ground mounted systems should avoid being in eyesight from the street. Roof-mounted systems must be placed on rear or side-facing roofs, which do not front any public street, unless a shade report or equivalent documentation from a licensed solar installer can be shown that such locations would be ineffective or impractical.

  (C) Setbacks: Ground-mounted solar energy systems shall meet all set back requirements for the applicable zoning district for accessory structures. Roof-mounted systems shall not extend beyond the exterior perimeter of the building on which the system is mounted.

  (D) Easements: Solar energy systems shall not encroach on any platted public easement.

  (E) Screening: Solar energy systems shall be screened from street view to the extent possible without reducing their efficiency. The applicant shall submit a landscaping plan with building permit application for ground-mounted solar energy systems.

  (F) Aesthetics: All solar energy systems shall use colors that blend with the surrounding settings. Reflection angles from collector surfaces shall be oriented away from neighboring windows.

  (G) Maximum Area of unit. Ground-mounted solar energy systems shall be treated as an accessory structure and thus are limited in area to the accessory structure limitations as set by the City Code. The total size of all solar energy systems may not produce any amount of energy, addition to other alternative energy systems beyond the average annual consumption.

  (H) Compliance with International Building Code: Building permit applications for ground-mounted solar energy systems shall be accompanied by standard drawings of the solar energy system structure, including the panels, base, and footings. For roof-mounted applications, standard drawings showing the capability of a roof to support such a proposal shall be submitted for review. An engineering analysis of the system showing compliance with the International Building Code and certified by a licensed professional engineer shall also be submitted. This analysis is frequently supplied by the manufacturer. Wet stamps shall not be required.

  (I) Compliance with Federal Regulations: Solar energy systems must comply with applicable Federal regulations.

  (J) Compliance with National Electric Code: Building permit applications for solar energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code

  (K) Utility Notification: No solar energy system shall be installed until evidence has been given that the electric utility provider has been informed of the customer's intent to install an interconnected customer-owned generator and the customer can show proof that they have received, understand and agree to abide by the utility's requirements for net metering and distributed generation installation. A disconnect will be required at the time of installation and the electric utility provider shall be notified of this installation. A written statement from the utility company shall be presented at the time of applying for a construction building permit showing compliance with the disconnect requirement.

  (L) Safety: Feeder lines, Utility connects, and any other feature shall have appropriate markings, warnings, and safety features to prevent harm to persons, wildlife, or personal property.

  (M) General Requirements on Operation: The owner of a solar energy system shall defend, indemnify, and hold harmless the City of Fayette and their officials from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses, and liabilities whatsoever including attorney fees arising out of the actions or omissions of the operator or the operator's contractors concerning the construction or operation of the solar energy facility without limitation, whether said liability is premised on contract or tort. Owner's submittal for a building permit for a solar energy system shall constitute agreement to defend, indemnify, and hold harmless the City of Fayette and their officials.

  (N) Maintenance: All solar energy facilities shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. Operational condition includes meeting all of the requirements in this section and permit conditions for a continuous 6 month period.

  1. Notice of Abandonment: The City of Fayette may issue a Notice of Abandonment to the owner of a solar energy system that is deemed not meeting the requirements or conditions associated with the solar energy system for a continuous 6 month period. The owner shall have the right to respond to the Notice within 30 days from receipt date. The Zoning Official shall withdraw the Notice and notify the owner that the Notice has been withdrawn should the owner provide satisfactory information that demonstrates the solar energy system has not been abandoned.
  2. Removal: If the solar energy system is determined to be abandoned, the owner, at their sole expense, shall restore site to original condition and vegetation restored within 120 days. This determination shall include the requirements or conditions associated with the solar energy system not being met for a continuous 6 month period.

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CHAPTER 165

ZONING REGULATIONS

165.01 Definitions

165.11 Application of District Regulations

165.02 Establishment of Districts and Zoning Map

165.12 Nonconforming Use

165.03 Changes in Official Zoning Map

165.13 Administration and Enforcement

165.04 Interpretation of District Boundaries

165.14 Permits

165.05 R-1 Residential District Regulations

165.15 Fees

165.06 B-1 Local Business District Regulations

165.16 Interpretation of Provisions

165.07 B-2 Restricted Business District Regulations

165.17 Violations and Penalties

165.08 M-1 Local Industrial District Regulations

165.18 Changes and Amendments

165.09 A-1 Agricultural District Regulations

165.19 Downtown Overlay Zone (DOZ)

165.10 ZONING Supplementary District Regulations

 

165.01    DEFINITIONS.  For the purpose of this chapter, certain terms and words are hereby defined.  As used herein, the word “building” includes the word “structure.”

1. “Accessory use or structure” means a use or structure subordinate to the principal use of a building or land on the same lot or parcel of land and serving a purpose customarily incidental to the use of the principal building or use of land.

2. “Alterations, structural” means any change in the supporting members of a building such as bearing walls, columns, beams or girders.

3. “Apartment” means a room or suite of rooms used as the dwelling of a family, including bath and culinary accommodations, located in a building in which there are three or more such rooms or suites, or serving as an accessory use in a building whose principal use is the housing of a commercial business.

4. “Apartment house” means a building arranged, intended or designed to be occupied by three or more families living independent of each other.

5. “Awning Sign” means a sign that is mounted or printed on, or attached to, an awning, canopy, or marquee, provided, however, that the sign does not project above, below or beyond the awning, canopy or marquee.

6. “Basement” means a story having part but not more than one-half its height below grade. A basement is counted as a story for the purposes of height regulation.

7. “Bed and Breakfast (homestay)” means a home residence occupied by the owner or innkeeper on a permanent basis and which contains not more than two individually decorated commercially available guest rooms, a common room for bed and breakfast guests. The minimum structure, sanitation and amenities standards for a bed and breakfast (homestay) establishment are those which would qualify the establishment for membership in the Iowa Bed and Breakfast Innkeepers Association.

8. “Boarding house” means a building other than a hotel, motel or bed and breakfast (homestay) where, for compensation and by arrangement, meals or lodging are provided for three or more persons.

9. “Building” means any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.

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

11. “Business” means commercial activity or enterprise customarily engaged in as a means of livelihood or occupation, usually although not necessarily with intention of producing gain or profit. Real estate zoned for “Business” use or purpose is therefore deemed most suitable for business use as its primary use.

12. “Cellar” means a story having more than one-half of its height below grade.  A cellar is not included in computing the number of stories for the purpose of height measurement.

13. “Commerce” or “commercial” means intercourse between persons for purposes of trade or traffic in any and every kind of property or services allowed by law, whether tangible or intangible, including but not limited to goods, wares, productions, securities, contracts or transportation, and without regard to any intention to profit by such intercourse.   [Newton v. Jasper Co. Board of Review, 532 N.W.2d 771 (Iowa 1995)

14. “Directional or Wayfinding Sign” means an advertising sign or device intended to direct or point toward a place, or object, or one that points out the way to either an unfamiliar or a known place or object that obviously could not be easily located without such a sign or device.

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

16. “Dwelling, single-family” means a building designed for or occupied by one family.

17. “Dwelling, two-family” means a building designed for or occupied exclusively by two families.

18. “Dwelling, multiple” means a building designed for or occupied exclusively by more than two families.

19. “Family” means one or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, hotel, motel or bed and breakfast (homestay) as herein defined.

20. “Farm” means an area which is used for the growing of the usual farm products such as vegetables, fruits and grain, and their storage on the area, as well as for raising thereon the usual farm poultry and farm animals. The term “farming” includes the operating of such area for one or more of the above uses with the necessary accessory uses for treating or storing the produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities and such accessory uses do not include the feeding of garbage or offal to swine or other animals.

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

22. “Garage, private” means an accessory building designed or used for the storage of not more than four motor-driven vehicles owned and used by the occupants of the building to which it is accessory. No more than one of the vehicles may be a commercial vehicle of not more than two-ton capacity.

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

24. “Garage, storage” means a building or portion thereof designed or used exclusively for term storage by pre-arrangement of motor-driven vehicles, as distinguished from daily storage furnished transients, and at which motor fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired or sold.

25. “Grade” means the average level of the finished surface of the ground adjacent to the exterior walls of a building except when any wall approximately parallels and is not more than five feet from a street line, when the elevation of the street at the center of the wall adjoining the street shall be grade.

26. “Hotel” means a public house which provides, for compensation, three or more rooms or apartments for transient residents, and which may provide meals or other services to its guests.

27. “Institution” means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

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

29. “Loading space” means a space within the main building or on the same lot providing for the standing, loading or unloading of trucks, having a minimum dimension of 12 by 35 feet and a vertical clearance of at least 14 feet.

30. “Lot” means a parcel of land, as legally described by an official plat or government survey, occupied or intended for occupancy by one main building together with its accessory buildings officially approved and having its principal frontage upon a dedicated street. The boundaries of the lot are designated as its lot lines.

31. “Lot, corner” means a lot abutting two or more streets at their intersections.

32. “Lot, depth of” means the mean horizontal distance between the front and rear lines.

33. “Lot, double frontage” means a lot having frontage on two nonintersecting streets, as distinguished from a corner lot.

34. “Lot, interior” means a lot other than a corner lot.

35. “Lot of record” means a lot which is part of a subdivision, the plat of which has been recorded in the office of the county recorder of the county in which it is located.

36. “Lot width” means width of a lot measured at the building line and at right angles to its depth.

37. “Lot, reversed corner” means a corner lot, the side street line of which is substantially a continuation of the front line of the first lot to its rear.

38. “Main Street Business District” means that portion of Main Street lying within the B-1 business district between the Volga River and the intersection of Main Street and Clark Streets, and also all parcels of real estate adjoining Main Street therein. The “Main Street Business District” consists of the following Lots and Blocks of the Original Town of Fayette as platted for public record:  Lots Three (3) and Four (4) of Block Five (5); Lots Eight (8) through Fourteen (14) of Block Six (6); Lots Eight (8) through Fourteen (14) of Block Seven (7); Lots One (1) through Seven (7) of Block Twelve (12); Lots One (1) through Seven (7) of Block Thirteen (13), and Lots One (1) and Two (2) of Block Fourteen (14).

39. “Manufactured home” means a factory-built structure, built under the authority of 42 U.S.C. Sec. 5403, which was constructed on or after June 15, 1976, and is required by Federal law to display a seal from the United States Department of Housing and Urban Development.

40. “Mobile home” means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons but also includes any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home means any such vehicle built before June 15, 1976, which was not built to a mandatory building code and which contains no State or Federal seals.

41. “Mobile home park” means any site, lot, field or tract of land under common ownership upon which two (2) or more occupied mobile homes, manufactured homes, modular homes (or a combination of such homes) are harbored, either free of charge or for revenue purposes, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such mobile home park. The term “mobile home park” is not to be construed to include mobile homes, buildings, tents or other structures temporarily maintained by any individual, educational institution or company on their own premises and used exclusively to house their own labor or students.

42. “Modular home” means a factory-built structure built on a permanent chassis which is manufactured to be used as a place of human habitation, is constructed to comply with the Iowa State Building Code for modular factory-built structures, and must display the seal issued by the State Building code Commissioner.

43. “Motel” means a building or group of attached or detached buildings, containing individual sleeping or living units in which lodging is offered to the public for compensation, including auto courts and motor hotels.

44. “Motor vehicle” means any vehicle which is self-propelled.

45. “Nameplate” means a plate or placard affixed to a building and so lettered or engraved as to indicate the legal name of a business operated from the premises.

46. “Nonconforming use” means any existing lawful use of a building or land which does not conform with the requirements of this chapter prior to its enactment or the effective date of any amendment thereto.

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

48. “Office building” means a building designed for or used as the offices of professional, commercial, industrial, religious, institutional, public or semi-public persons or organizations; provided that no goods, wares or merchandise shall be prepared on the premises, except that a portion of an office building may be occupied by a drug store, barber shop, cosmetologist shop, cigar stand or newsstand, when such uses are located entirely within the building with no entrance from the street nor visible from any sidewalk, and having no sign or display visible from the outside of the building indicating the existence of such use.

49. “Parking space” means a surfaced area, enclosed in the main building or in an accessory building, or unenclosed, having an area of not less than 180 square feet exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.

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

51. “Projecting Sign” means an on-premises sign which is attached directly to the structure wall and which extends more than 15 inches from the face of such wall.

52. “Resident business” means an occupation or profession which:

     A. Is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit, and

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

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

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

     E. Has no exterior display of goods or merchandise, no exterior storage of materials and no other exterior indication of the resident business or variation from the residential character of the principal building, and

     F. Produces no offensive noise, vibration, smoke, dust, odors, heat or glare, and

     G. Has no exterior sign other than as may be required by law or ordinances, which sign shall not be greater than three square feet in area.

53. “Sign” means any structure or part thereof or device attached thereto or painted, or represented thereon, which shall display or include any letter, words, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. The word “sign” includes the word “billboard” but does not include the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.

54. “Store building” means a building designed and constructed for primary use as a place of business or commerce, where human occupation and goods and personal services are made available to the public for sale, purchase, or hire and to which building the public may obtain direct, street level access to the first story thereof as invitees for commercial purposes. If the building is located within the Main Street Business District with its storefront facing Main Street then to be a “store building” the building must have at least one ground-story window facing Main Street and the public must have direct ground-story access through the storefront by way of a door facing Main Street.

55. “Storefront” means a wall of a store building which abuts and faces a city street.

56. “Story” means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the next floor above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.

57. “Story, half” means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such story, except that a partial story used for residence purposes, other than for a janitor or caretaker and family, or by a family occupying the floor immediately below it, shall be deemed a full story.

58. “Street” means a public or private thoroughfare which affords the principal means of access to abutting property.

59. “Structure” means anything constructed or erected, the use of which requires more or less permanent location on the ground, including but without limiting the generality of the foregoing, advertising signs, billboards, back stops for tennis courts and pergolas.

60. “Trailer camp” or “tourist camp” means an area providing spaces for two or more travel trailers, camping trailers, or tent sites for temporary occupancy, with necessary incidental services, sanitation and recreation facilities to serve the traveling public.

61. “Travel trailer” or “camping trailer” means a vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed to permit the vehicle to be used a as place of habitation by one or more persons. Said vehicle may be up to eight feet in width and any length provided its gross weight does not exceed 4,500 pounds, which shall be the manufacturer’s shipping or the actual weight of the vehicle fully equipped, or any weight provided its overall length does not exceed 28 feet.  Such vehicle shall be customarily or ordinarily used for vacation or recreation purposes and not used as a place of permanent habitation.  If any such vehicle is used in the State as a place of human habitation for more than 90 days in any 12 month period, it shall be classed as a mobile home, regardless of the size and weight limitation provided herein.  This definition shall also include house cars and camp cars having motive power and designed for temporary occupancy as defined herein.

62. “Yard” means an open space between a building and the adjoining lot lines unoccupied and unobstructed by a portion of a structure from 30 inches above the ground upward except as otherwise provided herein. In measuring a yard for the purpose of determining a side yard, or of the depth of a front yard or rear yard, the minimum horizontal distance between the lot lines and the building shall be used.  A roof overhang up to three feet may project into a   required yard.

63. “Yard, front” means a yard extending across the front of a lot and being the minimum horizontal distance between the street or place line and the main building or any projections thereof other than the projections of the usual uncovered steps, uncovered balconies or uncovered porches. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension, except where the owner shall elect to front a building on a street parallel to the lot line having the greater dimension.

64. “Yard, rear” means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches.  On all lots the rear yard shall be in the rear of the front yard.

65. “Yard, side” means a yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building or any projections thereto.

165.02   ESTABLISHMENT OF DISTRICTS AND ZONING MAP.  The City is hereby divided into districts which shall be designated as follows:

      A-1      Agricultural

      R-1      Residential

      B-1      Local Business

      B-2      Restricted Business

      M-1      Local Industrial

      DOZ    Downtown Overlay Zone

The locations and boundaries of these districts are shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this chapter.  The official zoning map shall be on file in the office of the City Administrator/Clerk and shall be final authority as to the current zoning status of land, water areas, building and other structures in the City.

165.03    CHANGES IN OFFICIAL ZONING MAP.  No changes in the official zoning map shall be made except as may be required by amendments to this chapter.  If required, such changes shall be promptly made and the ordinance number, nature of change and date of change shall be noted on the map, together with the signature of the Mayor approving such change in the official zoning map.

165.04    INTERPRETATION OF DISTRICT BOUNDARIES.  Where uncertainty exists as to the boundaries of the districts as shown in the official zoning map, the following rules shall apply:

1. Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such centerlines;

2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

3. Boundaries indicated as approximating the City limits shall be construed as following the City limits;

4. Boundaries indicated as following railroad lines shall be construed to be midway between the two main tracks.

5. Boundaries indicated as following shore lines shall be construed as to follow such shore lines, and in the event of a change in shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines;

6. Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 5 shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

7. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections 1 through 6 above, the Board of Adjustment shall interpret the district boundaries.

165.05    R-1 RESIDENTIAL DISTRICT REGULATIONS.

1. Principal Uses and Structures. Only the following land uses shall be permitted in any area of the City zoned R-1 Residential District:

     A. Single family dwelling;

     B. Two-family dwelling;

     C. Multi-family dwelling;

     D. Lodging or boarding house;

     E. Bed and breakfast (homestay);

     F. Mobile home park — only in that area of the City located south of the County Road C-24 and east of Washington Street; provided that installation of such mobile home complies with Chapter 435, Code of Iowa; that installation includes an adequate water supply and sanitary sewer system approved by the State Board of Health; that a minimum area of 3,000 square feet for each mobile home space is provided; that a maximum density of 10 units per acre is adhered to; and that no mobile home may be within 25 feet of the property line of a mobile home park;

     G. Nursing or custodial home;

     H. Library;

     I. Educational, religious or philanthropic institution, but not including a penal institution or other institution requiring the erection of escape-inhibiting fences or barricades around its perimeter;

     J. Hospital or clinic, but not an animal hospital, shelter or clinic;

     K. Resident beauty shop, resident real estate or insurance office, resident doctor’s or dentist’s office, or similar resident business where only the sale of a service is involved; or, if sale of goods and products is ancillary to the sale of service, sale of the material product does not account for more than 20 percent of gross business income;

     L. Funeral home;

     M. Resident business involving the sale of goods produced as a hobby, sale of home-made products and garden produce when such business does not produce a heavy flow of traffic.

2. Permitted Accessory Uses And Structures.

     A. Off-street parking for permitted uses under this chapter;

     B. Private garage;

     C. Private swimming pool;

     D. Accessory uses or structures clearly incidental to the permitted uses or structures of this district, not involving the conduct of business on the premises, except resident occupations, and located on the same lot or on a contiguous lot under the same ownership;

     E. Temporary building used in conjunction with construction work provided that such building is removed upon completion of the construction work.

3. Residential Dwelling Standards. All single-family dwelling units shall meet the following minimum standards:

     A. The minimum width of a dwelling structure or principal building shall be 22 feet at the exterior dimension of 3 or more exterior walls, exclusive of attached garages, porches or other accessory structures.

     B. All dwelling units including attached garages shall be placed on a permanent frost-free foundation with frost footings extending at least 48 inches below grade.

     C. All dwelling units shall provide for a minimum of 900 square feet of floor space.

     D. All dwelling units shall have a minimum roof pitch of 3:12.

4. Minimum Lot Area And Width.

     A. A single family dwelling shall have a lot area of at least 6,000 square feet and a lot width of at least 65 feet.

     B. A two family dwelling shall have a lot area of at least 7,200 square feet and a lot width of at least 70 feet.

     C. A multi-family dwelling shall have a lot area of at least 6,000 square feet plus 1,500 square feet per dwelling unit over one, and a lot width of at least 80 feet.

5. Minimum Yard Requirement.

     A. A dwelling shall have a minimum front yard of 25 feet, a minimum rear yard of 30 feet and a minimum side yard of six feet plus two feet per story of height beyond the first story, except the side street yard on a corner lot shall be at least 15 feet;

     B. A school, church or other public or institutional building shall have a minimum front yard of 40 feet, a minimum rear yard of 40 feet, and a minimum side yard of 20 feet, except the side street yard on a corner lot shall be at least 25 feet.

6. Maximum Height Allowance. A building structure in an R-1 zoned district is limited to three stories or 45 feet of height.

7. Minimum Off-street Parking And Loading Space.

     A. A dwelling shall provide one space of off-street parking for each dwelling unit, except an apartment house shall provide 1.5 parking spaces per dwelling unit, and a dwelling which is used as a resident business shall provide an additional two parking spaces;

     B. A church or temple shall provide one parking space for each six seats in the main auditorium;

     C. A nursing, rest or convalescent home shall provide one parking space for each six beds;

     D. A school or public building shall provide one parking space for each classroom or office room plus one space for each 10 seats in the main auditorium, stadium or place of public assembly;

     E. A residence hall shall provide one parking space for every two beds.

8. Permitted Signs.

     A. Signs permitted in districts zoned R-1 are limited to:

          (1) Name plate no larger than will render it readily visible and readable from the street adjacent to the exterior wall to which the name plate is attached, provided that in no case shall the size of the name plate exceed three (3) square feet.

          (2) Church or public bulletin boards;

          (3) Temporary signs advertising the lease or sale of the premises not to exceed 12 square feet in area.

      B. Illumination of signs, bulletin boards and nameplates shall not exceed 60 watts and shall be provided only with indirect nonintermittent lighting devices.

165.06    B-1 LOCAL BUSINESS DISTRICT REGULATIONS.

1. Permitted Principal Uses And Structures. Only the following land uses shall be permitted in any area of the City zoned B-1 Local Business District:

     A. All uses permitted in R-1 Residential District, except as limited by Subsection 9 herein.

     B. Stores and shops where goods are sold or where personal services are rendered and not otherwise prohibited;

     C. Hotel or motel;

     D. Office;

     E. Filling station;

     F. Public garage when located 50 feet or more from an R-1 Residential District;

     G. Farm implement store, display and sale room; automobile, boat or trailer display and sale room when located 50 feet or more from any R-1 Residential District;

     H. Printing shop;

     I. Painting, plumbing, tinsmith, upholstering or similar general service shop;

     J. Animal hospital or clinic where there is no open kennel;

     K. Lumber yard;

     L. Frozen food or locker plant;

     M. Commercial laundry or dry cleaner, including coin operated laundry;

     N. Recycling collection depot;

     O. Motion picture theater, bowling alley, drive-in restaurant or similar establishment or place of entertainment when located 50 feet or more from any R-1 Residential District;

     P. Restaurant or tavern;

     Q. Liquor store;

     R. Any other lawful business or occupation not otherwise prohibited or mentioned in this chapter which, considering the use restrictions herein, would, if mentioned herein, reasonably and logically be permitted in this B-1 Local Business District;

     S. Accessory building customarily incidental to the above uses, including advertising signs and bulletin boards when not otherwise prohibited by this chapter;

     T. Off-street parking.

2. Permitted Accessory Uses And Structures.

     A. Uses and structures clearly incidental to the permitted uses, including dwellings for the owner or employees thereof, located on the premises;

     B. Storage warehouses in conjunction with permitted principal uses;

     C. Temporary buildings used in conjunction with construction work, provided such buildings are removed promptly upon completion of the construction work.

3. Special Exceptions. Subject to the provisions of this chapter, the Board of Adjustment may permit carnivals, circuses, fairs, road shows or other similar special and temporary events.

4. Minimum Lot Areas And Width.

     A. A multi-family dwelling shall have a lot area of at least 6,000 square feet plus 1,500 square feet per each dwelling unit over one;

     B. A commercial building shall have a lot area of sufficient size to accommodate the building’s principal and accessory uses.

5. Minimum Yard Requirements.

     A. A dwelling shall have a minimum front yard of 25 feet, a minimum rear yard of 25 feet and a minimum side yard of 10 feet except the side street yard on a corner lot shall be at least 15 feet;

     B. A building used for institutional purposes shall have a front yard of at least 25 feet, a rear yard of at least 30 feet and a side yard of at least 25 feet;

     C. There shall be no yard requirement for a commercial building except where a B-1 district is adjacent to an R-1 district, a front or side yard of 10 feet and rear yard of 20 feet shall be provided between the commercial building and the boundary of the adjacent R-1 District.

6. Maximum Height Allowance. A building structure in a B-1 zoned district is limited to three stories or 45 feet of height.

7. Minimum Off-street Parking And Loading Space.

     A. A dwelling, hotel or motel shall provide one parking space for each dwelling or sleeping unit;

     B. A church or temple shall provide one parking space for each six seats in the main auditorium;

     C. A commercial business shall provide one off-street loading space for each 10,000 square feet of floor area or fraction thereof.

8. Permitted Signs. Signage regulations for B-1 Local Business Districts:

Signage Regulations

   1. Size

     i. No projecting sign shall exceed 12 square feet in area (per face if double faced).

     ii. Awning signs shall be limited in size to the size of the physical awning.

     ii. Directional/Wayfinding Signs size shall be determined by the City through a review process.

   2. Location

     i. Projecting signs may project up to 4 feet from the face of a building, provided the following requirements are met:

          a. A minimum 5 foot clear sidewalk width is maintained from the curb line to the sign edge.

          b. A minimum 8 foot clearance provided under the sign.

          c. The sign does not exceed the height of the structure upon which they are attached. Signs may be placed on a parapet wall that is an architectural extension of the façade, provided the sign does not extend more than 5 feet above the roofline of the structure and any support structures are not visible. 

     ii. Directional/Wayfinding Signs shall be located within the Right-of-Way.

   3. Materials

     i. Signs shall be constructed of durable materials and shall be kept in well maintained conditions.

   4. Illumination

     i. If desirable, signs may be illuminated by external lighting sources.

     ii. Lighting shall not cause glare into adjacent buildings and/or streets

   5. Enforcement

     i. A permit for signs, the commission said it is up to the city council as to how they choose to enforce the signage regulations.

   6. Exterior Lighting

     i. Exterior lighting must be placed and shielded so as to direct the light onto the site and away from adjoining properties. The lighting source shall not be directly visible from adjoining properties.  Floodlights, wall pack units, other types of unshielded lights and lights where the lens is visible outside of the light fixture shall be prohibited, except where historical-style lighting is used that is compatible with historic-style street lamps installed by the City.

   7. Awnings and Overhangs

Objective:  To create a visual continuity and identity throughout downtown and increase pedestrian comfort and convenience.

Standards:

     a. Along Main Street, overhangs that provide weather protection shall be provided along at least 50% of the frontage of the building.

     b. Overhangs may be constructed of any permanent, durable material.

     c. Overhangs for each block face shall be consistent in material.

     d. A minimum 5 foot clear sidewalk width is maintained from the curb line to the awning edge.

Overhangs shall be free projecting. (Vertical supports to the sidewalk are not allowed).

9. Notwithstanding any other provision of this Section, all buildings and structures within the Main Street Business District are subject to the following use restrictions:

     A. No store building with a storefront facing Main Street shall be used primarily for storage or keeping of personal property items; however, this prohibition does not apply when the personal property is kept for sale or use in an ongoing business enterprise then operating in and from said store building.

     B. No ground-story of any store building shall be used for dwelling or residence purposes as in Section 165.05.  However, this prohibition does not prevent residential use where the area used for residence or dwelling is either:

          1) not accessible to Main Street directly through the storefront wall.

          2) at least eight hundred (800) square feet of interior floor space (or half of the available interior floor space, (whichever is less) lying directly adjacent to the storefront wall and between the storefront wall and the residence area remains in use for commercial, non-residential purposes.

This subsection shall not prohibit use for dwelling purposes of store building stories located above street level, accessible by ways not passing through a storefront.

     C. Any and all uses not conforming to this section’s limitations, which exist on the day this section is enacted as part of the Code of Ordinances, shall be permitted as non-conforming uses. Such non-conforming uses may not be expanded beyond the use in effect as of the date of enactment.  A nonconforming use may continue until the earliest of the following listed contingent events occur, after which the use shall terminate:

          1) the owner voluntarily terminates the use;

          2) active building occupancy or use lapses for at least 180 continuous days; or

          3) title to the property changes from one owner to another.        

     D. After January 1, 2009 no building shall be erected within the Main Street Business District that is not a store building.

     E. This section expresses the intent and purpose of the City Council to preserve and maintain the predominant business and commercial use of property of the Main Street Business District. The Section shall be interpreted so as to promote both the councils intention and purpose and business uses of said District.          

165.07    B-2 RESTRICTED BUSINESS DISTRICT REGULATIONS.

1. Permitted Principal Uses and Structures

     A. All uses permitted in an R-1 Residential District;

     B. Stores and shops where goods are prepared and/or sold or where personal services are rendered and not otherwise prohibited;

     C. Offices;

     D. Any other lawful business or occupation not otherwise prohibited or mentioned in this chapter which, considering the use restrictions herein, would, if mentioned herein, reasonably and logically be permitted in this B-2 Restricted Business District;

     E. Off-street parking.

2. Permitted Accessory Uses and Structures.

     A. Uses and structures clearly incidental to the permitted uses, including dwellings for the owner or employees thereof, located on the premises;

     B. Temporary buildings used in conjunction with construction work, provided such buildings are removed promptly upon completion of the construction work.

3. Minimum Lot Areas And Width.

     A. A single or multi-family dwelling shall have a lot area in conformance with the restrictions for such lot areas identified in R-1 Residential Minimum Lot Areas and Width;

     B. A commercial building shall have a lot area of sufficient size to accommodate the building’s principal and accessory uses.

4. Minimum Yard Requirements. A dwelling or a commercial building shall have a minimum front yard of 25 feet, a minimum rear yard of 25 feet and a minimum side yard of 10 feet except the side street yard on a corner lot shall be at least 15 feet.

5. Maximum Height Allowance. A building structure in a B-2 zoned district is limited to three stories or 45 feet of height.

6. Minimum Off-street Parking And Loading Space. Off-street parking restrictions in a B-2 Restricted Business District shall be the same as for an R-1 Residential District except a commercial business shall provide a minimum of four off-street parking places plus one additional parking space for every two persons employed per working shift on the premises

7. Permitted Signs. Signs permitted in B-2 Local Business Districts are limited to:

     A. Name plates not to exceed six square feet in total area;

     B. Church and public bulletin boards;

     C. Temporary signs advertising the sale or lease of the premises.

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

165.08    M-1 LOCAL INDUSTRIAL DISTRICT REGULATIONS.

1. Permitted Principal Uses And Structures. Only the following land uses shall be permitted in any area of the City zoned M-1 Local Industrial District:

     A. All uses permitted in R-1 Residential District and not otherwise prohibited;

     B. All uses permitted in B-1 Local Business District and not otherwise prohibited;

     C. Auto wrecking, rebuilding, salvage and storage when enclosed within a tight, solid fence no less than six feet in height or surrounded with a green belt planting not less than 20 feet wide and eight feet high. All such storage shall be located not less than 30 feet from any street line and not less than 20 feet from any other lot line.  The storage of rags, paper and similar combustible waste shall not be closer than 100 feet to any property line, unless enclosed in a masonry building of not less than four-hour fire restrictive construction;

     D. The bulk storage of oils, petroleum and similar inflammable liquids and chemicals when stored underground in tanks no closer to any property line than the greatest depth to the bottom of such tanks or above the ground in tanks located at least 150 feet from any property line;

     E. Livestock auction, sale barn and all related incidental activities;

     F. Grain elevator and all related and incidental activities;

     G. Bottling works;

     H. Milk or dairy distributing station;

     I. Truck terminal;

     J. Manufacture of consumer goods and materials, except as otherwise prohibited by this chapter;

     K. Any other use not prohibited by the laws of the State or by the provisions of this Code of Ordinances regulating nuisances, and provided that none of the following uses shall be permitted;

           (1) Acid and chemical manufacture;

           (2) Distillation of bones;

           (3) Fat rendering;

           (4) Fertilizer manufacture;

           (5) Garbage, offal or dead animal reduction or dumping;

           (6) Slaughter of animals;

           (7) Refining of petroleum and natural gas and their products;

          (8) Explosives manufacture or storage;

          (9) Storage of radioactive materials;

          (10) Smelting of metallic ores;

          (11) Glue manufacture;

          (12) Other similar use that would be hazardous to the public health, safety and welfare.

2. Permitted Accessory Uses And Structures.

     A. Any use or structure clearly incidental to the permitted uses of this district;

     B. Temporary buildings used in conjunction with construction work, provided such buildings are removed promptly upon completion of the construction work.

3. Special Exceptions. Subject to the provisions of this chapter, the Board of Adjustment may permit the extraction of sand, gravel, limestone or other natural resources provided the land is restored to a condition suitable for the permitted uses of this district.

4. Minimum Lot Areas And Width. A building structure in an M-1 zoning district shall be located on a lot of sufficient size to accommodate its principal and accessory uses.

5. Yard Requirements. A building structure in an M-1 zoning district shall have a front yard of at least 25 feet, a rear yard of at least 25 feet and a side yard of at least 20 feet.

6. Maximum Height Allowance. An office building, hotel, dwelling or other similar structure located in an M-1 zoned district shall be limited to 65 feet of height.

7. Minimum Off-street Parking And Loading Space.

     A. Warehousing, storage and manufacturing businesses located in an M-1 zoned district shall provide one off-street parking space for each two employees plus one space for each vehicle used by the industry;

     B. Any business located in an M-1 zoned district shall provide one off-street loading space for each 20,000 square feet of floor area or fraction thereof.

8. Permitted Signs. Signs permitted in an M-1 Local Industrial District are limited to:

     A. Name plates;

     B. Public bulletin boards;

     C. Temporary signs advertising the sale or lease of the premises;

     D. Billboards or advertising signs provided they shall not be within 20 feet of any R-1 district or use.

All signs and billboards shall be maintained in a neat and presentable condition and in the event their use shall cease, they shall be removed promptly and the surrounding area restored to a condition free of refuse and rubbish.

165.09    A-1 AGRICULTURAL DISTRICT REGULATIONS.

1. Permitted Principal Uses And Structures. Only the following land uses shall be permitted in any area of the City zoned A-1 Agricultural District:

     A. Agriculture, horticulture, dairy farming, livestock farming excepting feedlots or confinement barns or pens, poultry farming, general farming and other agricultural activities;

     B. Single family dwelling;

     C. Cemetery or mausoleum;

     D. Church or temple;

     E. Public or private school or college

     F. Public building, public or semi-public park, playground or community building;

     G. Golf course or country club;

     H. Swimming pool;

     I. Greenhouse or plant nursery.

2. Permitted Accessory Uses And Structures.

     A. Private garage;

     B. Farm buildings incidental to agricultural uses;

     C. Accessory uses or structures clearly incidental to the permitted uses or structures of this district, not involving the conduct of business on the premises, except resident businesses, and located on the same lot or a contiguous lot under the same ownership;

     D. Temporary buildings used in conjunction with construction work, provided such buildings are removed promptly upon completion of the construction work.

3. Special Exceptions. Subject to the provisions of this chapter, the Board of Adjustment may permit:

     A. Public utilities and railroads;

     B. Areas for dumping or disposal of trash or garbage;

     C. Roadside stand for sale of produce raised on the premises;

     D. Extraction of sand, gravel, limestone, topsoil or other natural resources provided the land is restored to a condition suitable for the permitted uses of this district;

     E. Dog kennels and animal hospitals;

     F. Riding stables.

4. Minimum Lot Areas And Width. A single family residential lot in an area zoned A-1 shall be of at least 20,000 square feet in area and at least 100 feet wide.

5. Minimum Yard Requirements.

     A. A single family dwelling in an area zoned A-1 shall have a front yard of at least 25 feet, a rear yard of at least 30 feet and a side yard of at least 10 feet plus two feet for each story above one, except that a side street yard on a corner lot shall be at least 15 feet;

     B. A school, church or other public or institutional building in an area zoned A-1 shall have a front yard of at least 40 feet, a rear yard of at least 40 feet and a side yard of at least 20 feet, except that a side street yard on a corner lot shall be at least 25 feet.

6. Maximum Height Allowance. A building structure in an area zoned A-1 shall be limited to three stories or 35 feet of height.

7. Minimum Off-street Parking And Loading Space.

     A. A dwelling shall provide at least two off-street parking spaces for each dwelling unit;

     B. A church or temple shall provide one space for each six seats in the main auditorium;

     C. A golf or country club shall provide two spaces per hole plus one space for each 100 square feet of clubhouse floor area;

     D. A community center shall provide 10 spaces plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet;

     E. A school or public building shall provide one space for each classroom or office room plus one space for each 10 seats in the main auditorium, stadium or place of assembly;

8. Permitted Signs. Signs permitted in an A-1 Agricultural district are limited to:

     A. Name plates not to exceed three square feet in area;

     B. Church and public bulletin boards;

     C. Temporary signs advertising the sale or lease of the premises, not to exceed 12 square feet in area;

     D. Billboards or advertising signs, provided:

          (1) They are not within 300 feet of an intersection, highway structure, residence or another billboard;

          (2) They are not within 100 feet of a park, school, cemetery, public or semi-public building;

          (3) They are not within 75 feet of the centerline of a city or county road, or 100 feet of a State or Federal highway.

All permitted signs and billboards shall be maintained in a neat and presentable condition and in the event their use shall cease, they shall be removed promptly and the surrounding area restored to a condition free from refuse and rubbish.

165.10    SUPPLEMENTARY DISTRICT REGULATIONS.

1. Visibility at Intersection. On a corner lot in any agricultural or residential district, no fence, wall, hedge or other planting or structure that will obstruct vision between a height of two-and-one-half feet and 10 feet above the centerline grades of the intersecting streets shall be erected, planted or maintained within the triangular area formed by the right-of-way lines at such corner and a straight line joining said right-of-way lines at points which are 25 feet distant from the intersection of the right-of-way lines, and are measured along the right-of-way lines.

2. Accessory Buildings. No accessory building shall be erected in any required front or side yard and no separate accessory building shall be erected within five feet of any main building.

3. More Than One Principal Structure on a Lot. In any district, more than one principal structure housing a permitted principal use may be erected on a single lot provided that the area, yard and other requirements of this chapter are met for each structure as though it were on an individual lot.

4. Height Regulation Exception. The height limitations contained in the schedules of District Regulations do not apply to spires, belfries, cupolas, chimneys, antennas, water tanks, ventilators, elevator housing or other structures placed above the roof level and not intended for human occupancy.

5. Use of Public Right-of-way. No portion of the public street or alley right-of-way shall be used or occupied by an abutting use of land or structures for storage or display purposes, or to provide any parking or loading space required by this chapter, or for any other purpose that would obstruct the use or maintenance of the public right-of-way.

6. Travel Trailers or Camping Trailers. Trailers occupied as temporary place of residence shall be located only in an approved tourist camp or trailer camp.

7. Mobile Homes or Trailers. Mobile homes occupied as a permanent or temporary place of residence shall be located in an approved mobile home park, or shall be converted to real estate by being placed on a permanent foundation and shall be assessed for real estate taxes except in the following cases:

     A. Dealer’s Stock. Mobile, modular or manufactured homes on private property as part of a dealer’s or a manufacturer’s stock not used as a place for human habitation.

     B. Existing Homes. A taxable mobile home, manufactured, home or modular home which is located outside of a mobile home park as of July 1, 1994, shall be assessed and taxes as real estate, but is exempt from the permanent foundation requirement of this chapter until the home is relocated. 

Occupied travel trailers or camping trailers shall be located only in an approved tourist or trailer camp.

8. Hedges and Fences. Fences or hedges shall not exceed four feet in height in any required front yard and shall not exceed six feet in height in any required side yard, subject to the further restrictions of subsection 1.

9. Proposed Use Not Covered in Chapter. Any proposed use not covered in this chapter as a permitted use or special exception shall be referred to the Planning and Zoning Commission for recommendation as to the proper district in which such use should be permitted and the chapter amended as provided before a permit is issued for such proposed use.

10. Buildings to Have Access. Every building hereafter erected or structurally altered shall be on a lot having frontage on a public street.

11. Flood Plain Restrictions. Any building or structure intended for permanent or temporary occupancy along or near the Volga River shall be placed at such location and elevation as in the opinion of the Administrative Officer shall be three feet above the crest of flood waters that may be expected to occur once in every 100 years.  The Administrative Officer may request such technical services as necessary to determine that the building elevations, as proposed, comply with requirements set forth in this section.

12. Sidewalks. Sidewalks to be constructed shall be of Portland cement concrete, four feet in width, except in commercial or other areas where high volume of pedestrian traffic may require additional width.  Such sidewalks shall be located one foot outside the property line and shall be constructed at the expense of the individual property owners at grades and specifications approved by the Council.

165.11    APPLICATION OF DISTRICT REGULATIONS.

1. Regulations to be Uniformly Applied. The regulations set by this chapter within each district shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

2. All Uses and Structures to Conform. No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall be hereafter erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

3. Height, Density or Yards Shall Not be Violated. No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, or to have narrower or smaller front yards, rear yards or side yards, or other open spaces than herein required; or erected or altered in any other manner contrary to the provisions of this chapter.

4. Separate Yards, Open Space and Off-Street Parking Required. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, off-street parking or loading space similarly required for any other building.

5. Minimum Yards and Lot Areas May Not be Reduced. No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein.  Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by the chapter.

6. Newly Annexed Area. All territory which may hereafter be annexed to the City shall be classified in the R-1 Residential District unless otherwise classified, provided, however, that the Planning and Zoning Commission may recommend the appropriate district classification prior to annexation and after proper notice and public hearing, the territory upon annexation may be immediately so classified.

7. Structures to be in Compliance. No building or structure may be maintained within or moved into any district of the City unless such building or structure shall, by design, size and construction materials, substantially comply with and be comparable to, the greater majority of conforming structures in the district and occupied by a like or similar use; it being the public policy of the City, for the purposes of health, welfare, safety and aesthetics, that no substandard, unsafe, unsightly, unhealthy, poorly or improperly constructed dwelling or structure shall be allowed to be occupied or used in any district of the City other than as a nonconforming use which existed prior to the adoption of this chapter.

165.12    NONCONFORMING USE.

1. Intent. Within the districts established by this chapter or amendments that may be later adopted there exist lots, structures, and use of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment.  It is the intent of this chapter to permit these nonconformities to continue until they are removed, but to discourage their survival.  Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved.  It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district.  A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of the ordinance codified in this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.  To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of such ordinance and upon which actual building construction has been diligently carried on.  Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except where the demolition or removal of an exiting structure has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

2. Nonconforming Lots of Record. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance codified in this chapter, provided, however, that no lot for residential use shall be less than 50 feet in width and 6,000 square feet in area.  Such a lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.  This provision shall apply even though such lot fails to meet the requirements for area or width or both that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which such lot is located.  Variance of area, width and yard requirements shall be obtained only through the action of the Board of Adjustment.  If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of the ordinance codified in this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the land involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this chapter; nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.  Nothing in this section shall prevent the owner of a previously platted lot of record from selling said lot in its entirety or erecting upon it a structure which conforms to the provisions of this chapter, regardless of the size of the lot.

3. Nonconforming Uses of Land. Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is no longer permissible under the terms of this chapter as enacted and amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

     A. No such nonconforming use shall be enlarged or increased or extended to occupy a greater use of land than was occupied at the effective date of adoption or amendment of this chapter;

     B. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter;

     C. If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

4. Nonconforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built or erected under the terms of the chapter, by reasons of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

     A. No such structure may be enlarged or altered in a way which increases its nonconformity;

     B. Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

     C. Exception. A nonconforming sign advertising a resident business may be maintained, altered or replaced as needed so long as (i) the resident business remains under the ownership and operation of the individual who was its legal owner at the time of the adoption of this chapter, (ii) the maintenance, alteration or replacement does not result in a sign that is more nonconforming than it was at the time of the adoption of this chapter, and (iii)the resident business is not moved to another residence or lot.

5. Nonconforming Uses of Structures. If a lawful use of a structure, or of a structure and premises in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

     A. No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

     B. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

     C. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of this chapter.

     D. Any structure, or structure and land in combination, in or on which a nonconforming use of land is superseded by a permitted use, shall thereafter conform to the regulations of the district in which such structure is located, and the nonconforming use may not be thereafter resumed.

     E. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three year period, the structure thereafter shall not be used except in conformance with the regulations of the district in which it is located.

     F. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

6. Repairs and Maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 10 percent of the current replacement value of the building provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.  Nothing in this chapter shall be deemed to prevent the strengthening of or restoring to a safe condition of any building or part thereof declared to be unsafe by any public official charged with protecting the public safety, upon order of such official.

7. Uses Under Exception Provisions not Nonconforming Uses. Any existing use for which a special exception is permitted as provided in this chapter shall not be deemed a nonconforming use, upon passage of the ordinance codified in this chapter, but shall without further action be deemed a conforming use in such district.

165.13    ADMINISTRATION AND ENFORCEMENT.

1. Administration and Enforcement. An Administrative Official (City Administrator/Clerk) designated by the Council shall administer this chapter.  The official (City Administrator/Clerk) will provide with the assistance of such other persons (Chief of Police and/or second police officer), as the Council may direct, to enforce the decisions, resolutions and conclusions of these regulations.  If the Administrative Official shall find that any of the provisions of this chapter are being violated, the official shall notify in writing the persons responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.  The Administrative Official shall order discontinuance of illegal buildings or structures, or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to insure compliance with or prevent violation of its provisions.  The Enforcement Officer (Chief of Police and/or second police officer) will ensure that the Administrative Official’s notices to persons responsible for such violations will be carried out in a timely fashion and keep the Administrative Official informed of the outcome or effect of these enforcement actions.

2. Appeals from Decision of the Administrative Official. Appeals from any decision of the Administrative Official may be taken to the Board of Adjustment as provided in this chapter.

165.14    PERMITS.

1. Construction Permit. No building shall hereafter be erected, reconstructed, structurally altered or moved, nor shall any work be started upon same until a construction permit for same has been issued by the Administrative Officer, which permit shall state that the proposed building complies with all provisions of this chapter.

     a. A property owner desiring to construct a building or structure shall make application to the Administrative Officer for a construction permit, on application form to be supplied by the City. The application shall substantially describe the proposed construction, including but not limited to height, dimension and setback calculations in compliance with this chapter.

     b. If the Administrative Officer, exercising discretion, concludes that the proposed building does comply with all provision of this Chapter, then the Officer shall issue a construction permit. Said permit shall be effective for one (1) year from date of issue.

     c. The party requesting the permit shall completely construct the proposed building within the year allowed by the permit.

     d. If the construction is not completed within the year permitted

          1) the permit holder may apply to the city Council within 14 days after the expiration for the permit for an extension of the permit:

          2) the council shall grant a public hearing, to occur within thirty (30) days of such application.

          3) at the hearing the permit holder shall attempt to show that good cause exists for non-completion, and a reasonable estimate of the time needed to complete the project; and

          4) if the Council finds that good cause exists for non-completion of the project, then the council may grant a temporary construction permit of any length it may set, and the permit holder shall complete construction with in said time limit fixed by the Council.

     e. Should construction not be completed within the year of the permitted, and the Council does not determine that good cause exists why the construction was not completed, then:

          1) construction may neither commence nor continue, and

          2) any incomplete building shall be a hereby is deemed as a matter of law to be an “unsafe building” under Chapter 145 of this code and a “nuisance” under Chapter 50 of this Code, and shall be abated as a nuisance under Chapter 50.

2. Certificate of Occupancy. Subsequent to the effective date of this chapter, no change in the use or occupancy of land nor any change in use or occupancy in an existing building, other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied for any purpose other than a single family dwelling or a farming use until a certificate of occupancy has been issued by the Administrative Officer. 

Every certificate of occupancy shall state that the new occupancy complies with all provisions of this chapter.

165.15    FEES.  The Administrative Officer is directed to issue permits under this chapter for the construction, reconstruction, alteration or moving of buildings where the proposed work exceeds $2,000.00 or where the proposed work would change any exterior feature of a building regardless of cost, and to charge a fee of $10.00 for construction estimated to cost $2,000 - $5,000 and $25.00 for costs over $5,000.  Such fees shall be paid to the Administrative Officer who shall forthwith pay over to the credit of the General Revenue Fund of the City.  These fees are set annually by resolution of the Council and are subject to change.

165.16    INTERPRETATION OF PROVISIONS.  In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adapted for the promotion of the public health, safety, aesthetics and general welfare.  Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the more restrictive or that imposing higher standards shall govern.

165.17    VIOLATIONS AND PENALTIES.

1. Violation or Failure to Comply a Misdemeanor. Any person who willfully violates or fails to initiate action to comply with the provisions of this chapter within 15 days of notice of a violation by the Administrative Officer shall be guilty of a misdemeanor and upon conviction shall be fined not more than $100.00 or imprisoned not more than 30 days and shall pay all costs and expenses involved in the prosecution of the violation.  Each day such violation continues shall constitute a separate offense.

2. Participants in Violation may be Charged Separately. The owners or any 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. Structures in Violation. If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the City may, in addition to other remedies, institute injunction, mandamus or other appropriate lawful action necessary to prevent, correct or abate such violation.

165.18    CHANGES AND AMENDMENTS.

1. Procedure. The regulations imposed and the districts created by this chapter may be amended from time to time by the Council but no such amendments shall be made without public hearing before the Council and until after a report has been made upon the amendment by the Planning and Zoning Commission.  At least 15 days’ notice of the time and place of such hearing shall be published in a newspaper having general circulation in the City.  In case the Commission does not approve the change or, in the case of a protest filed with the Council against such change signed by the owners of 20 percent or more either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending the depth of one lot or not to exceed 200 feet therefrom, or of those directly opposite thereto, extending the depth of one lot or not to exceed 200 feet from the street frontage of such opposite lots, such amendments shall not be passed except by the favorable vote of three fourths of all members of the Council.

2. Form of Application. An application for rezoning shall be submitted to the Administrative Officer, and shall contain the following terms:

     A. The legal description and local address of the property;

     B. The present zoning classification and the zoning classification requested for the property;

     C. The existing use and proposed use of the property;

     D. The names and addresses of the owners of all property within 200 feet of the property for which the change is requested;

     E. A statement of the reasons why the applicant believes the present zoning classification is no longer valid;

     F. A plat showing the locations, dimensions and use of the applicant’s property and all property within 200 feet thereof, including streets, alleys, railroads and other physical features.

3. Application Fee. Before any application is taken upon an application as provided in this chapter, the applicant shall pay the Administrative Officer the sum of $15.00 (set annually by resolution of the Council) to cover the approximate cost of the procedure, and the officer shall forthwith pay over this amount to the credit of the General Revenue Fund of the City.  The failure to approve the change shall not be construed as any reason for refunding the fee to the applicant.

4. Commission Action on Application. Upon receipt of the application by the Administrative Officer, a copy shall be forwarded immediately to the Commission for study and recommendation.  The Commission shall, prior to making a recommendation, determine the following:

     A. Whether the current district classification of the property in question is valid;

     B. Whether there is a need for additional land zoned for the purpose requested;

     C. Whether the proposed change is consistent with the current land use plan, considering such factors as:

          (1) Whether the rezoning would result in a population density or development which would in turn cause a demand for services and utilities in excess of the capacity planned for the area, and

          (2) Whether the rezoning would result in the generating of traffic in excess of the capacity of existing or planned streets in the vicinity;

     D. Whether there is intent on the part of the applicant to develop the property to be rezoned diligently and within a reasonable time.

The Commission shall report its determinations and recommendations to the Council within thirty (30) days from the receipt of the application, except that when no report is issued within that time, the application will be deemed approved by the Commission.

165.19.  DOWNTOWN OVERLAY ZONE (DOZ)

a) APPLICABILITY

     1. This section is applicable to all properties within the Main Street Business District and a DOZ Downtown Overlay Zone to be determined and shown on the official Zoning Map of the City of Fayette.

     2. All properties for which these regulations are applicable shall retain their underlying zoning district designations, but shall also be regulated by the DOZ. If the standards of another provision of this Ordinance and the DOZ both apply to the exact same matter, the provision of the DOZ shall apply.

b) PURPOSE

     1. To enhance property values, protect property rights, stabilize and improve downtown and adjacent neighborhoods, and increase economic and financial benefits to Fayette businesses and inhabitants.

     2. To encourage new development at appropriate locations in a manner consistent with desired architectural and urban design guidelines.

     3. To promote developments where the physical, visual and spatial characteristics are established and reinforced through the consistent use of compatible urban design and architectural design elements.

     4. To promote the continued use and/or redevelopment of historical and older structures

     5. To provide high quality public spaces such as streets, sidewalks, parks, and plazas

     6. To encourage mixed-use development within the core downtown

c) SIGNAGE REGULATIONS

     1. Size

          a. No projecting sign shall exceed 12 square feet in area (per face if double faced)

          b. Awning signs shall be limited in size to the size of the physical awning

          c. Directional/Wayfinding Signs size shall be determined by the City through a review process.

     2. Location

          a. Projecting signs may project up to 4 feet from the face of a building, provided the following requirements are met:

          b. A minimum 5’ clear sidewalk width is maintained from the curb line to the sign edge

          c. A minimum 8’ clearance provided under the sign

          d. The sign does not exceed the height of the structure upon which it is attached.  Signs may be placed on a parapet wall that is an architectural extension of the facade, provided the sign does not extend more than 5 feet above the roofline of the structure and any support structures are not visible.

          e. Directional/Wayfinding Signs shall be located within the Right-of-Way.

     3. Materials

            Signs shall be constructed of durable materials and shall be kept in well maintained conditions.

     4. Illumination

          a. If desirable, signs may be illuminated by external lighting sources.

          b. Lighting shall not cause glare into adjacent buildings and/or streets.

d) GENERAL REGULATIONS

     1. Front Yard Building Setbacks shall be approved by the City Council and be in conformity with the Downtown Master Plan.

     2. Exterior Lighting must be placed and shielded so as to direct the light onto the site and away from adjoining properties.  The lighting source shall not be directly visible from adjoining properties.  Floodlights, wall pack units, other types of unshielded lights and lights where the lens is visible outside of the light fixture shall be prohibited, except where historical-style lighting is used that is compatible with historic-style street lamps installed by the City.

e) VEHICLE PARKING AND ACCESS

     1. No new vehicle parking spaces shall be allowed within the area between the front lot line and the principal building. However, this provision shall not prohibit the rearrangement of existing parking areas. This provision shall not prohibit vehicle parking to the side of a principal building adjacent to a street.

     2. When a new principal building is proposed, if a rear or side alley exists adjacent to the lot or an existing alley can feasibly be extended, such alley shall be used as access for any new vehicle garage, driveway or parking spaces, except a corner lot may have a garage, driveway or parking accessed from a street that is not along the front lot line. However, as part of the plan review process, these provisions may be modified if an alternative point of vehicle access is specifically required by the City Planning staff.

     3. Any new parking area proposed to be located adjacent to a public right-of-way, other than that required for a single family home, shall be screened from the adjacent street right-of-way with shrubbery or an architectural wall or mostly solid fence, between 30 and 42 inches in height.

f) AWNINGS AND OVERHANGS

            Objective:  To create a visual continuity and identity throughout downtown and increase pedestrian comfort and convenience.

            Standards:

          1. Along Main Street, overhangs that provide weather protection shall be provided along at least 50% of the frontage of the building.         

          2. Overhangs may be constructed of any permanent, durable material.

          3. Overhangs for each block face shall be consistent in material.

          4. A minimum 5 foot clear sidewalk width is maintained from the curb line to the awning edge.

          5. Overhangs shall be free projecting. (Vertical supports to the sidewalk are not allowed).

g) DESIGN GUIDELINES

     1. The following design guidelines shall be considered in the design of new construction, additions and exterior alterations in the Downtown Overlay Zone.

     2. New construction should have rooflines that are similar to adjacent buildings. Flat roofs should be avoided, unless they include a decorative cornice in the front. Where a pitched roof is not practical, then the roof should at least appear to have angles and a pitch when viewed from the street.

     3. On sides visible from a street, new construction should use building materials that are similar in appearance to similar, older buildings in close proximity, including brick and stone.

     4. Where adjacent buildings have a certain horizontal or vertical orientation, that orientation should be continued in new construction. Where adjacent buildings have a certain spacing of windows and doors, similar spacing (and similar sizes of windows and doors) should be continued in new construction. Blank walls without door and window openings should be avoided along a street.

     5. When applicable, historic precedents should be considered for new building designs.

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