CHAPTER 165

ZONING REGULATIONS

165.01 Short Title 165.10 Class I-1 Districts – Industrial
165.02 Purpose 165.11 Class R-FB Overlay District – Residential
165.03 Definitions

Factory-Built Housing Park

165.04 Applicability of Regulations 165.12 Fence Requirements 165.05 Class R-1 Districts – Single-Family Residential 165.13 Accessory Buildings, Structures and Uses 165.06 Class R-2 Districts – Zero-Lot Duplex Residential 165.14 Special Uses – Home Occupations 165.07 Class RM Districts – Multiple-Family Residential 165.15 Enforcement 165.08 Class C Districts - Central Commercial 165.16 Board of Adjustment 165.09 Class C-1 – Light Commercial 165.17 Nonconforming Uses

165.01    SHORT TITLE. This chapter shall be known and may be cited as "The City of Wyoming, Iowa, Zoning Ordinance." The zoning map herein referred to is identified by the title, "The City of Wyoming Zoning Map."

165.02    PURPOSE. The purpose of this chapter is to regulate the use of land, facilitate the adequate provision of infrastructure, and to promote the general welfare of residents in the City.

165.03    DEFINITIONS. For the purpose of this chapter certain terms or words used herein shall be interpreted and defined as follows, unless the context requires otherwise:

    1. "Dwelling" is a building with a permanent foundation or crawl space used as living quarters for one or more families not including auto courts, rooming houses or tourist homes.
    2. "Lot" includes the word plat and parcel.
    3. "Professional office building" is a building occupied and used by the following professions: lawyers, medical doctors, dentists, chiropractors, insurance agents, engineers, accountants, abstractors of title to real estate, and Federal, State and local governmental offices for the conduct of governmental business.
    4. "Structure" means a combination of materials other than a building to form a construction that is safe and stable and includes among other things, stadiums, platforms, radio towers, sheds, storage bins, fences, signs.
    5. "Used" and "occupied" as applied to any land or building shall be construed to include the words intended, arranged, or designed to be used or occupied.

165.04    APPLICABILITY OF REGULATIONS. Except as otherwise specifically provided by this chapter:

    1. No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located.
    2. No building shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, or to have narrower or smaller rear yards, side yards, front yards, inner or outer courts, than are specified herein for the district for which such building is located.
    3. No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
    4. No building or buildings shall be erected, moved, altered, used or occupied in a district for purposes or uses other than are allowed herein for that district.

165.05    CLASS R-1 DISTRICTS – SINGLE-FAMILY RESIDENTIAL.

    1. The areas designated R-1 as shown on the zoning map, a certified copy of which is on file in the office of the Clerk, shall be zoned Class R-1.
    2. The following uses shall be allowed in any Class R-1 district:
    1. One-family dwelling units.
    2. Churches, places of worship, and parochial schools.
    3. Public schools, public libraries, parks and playgrounds.
    4. Small home occupations provided there are no signs or other evidence of such use.
    5. Other accessory uses in buildings provided such uses are incidental to the principal use and do not include any activity conducted as a business.
    6. Other uses, which in the opinion of the Board of Adjustment, are of the same general character as those listed above as permitted uses, and which will not be detrimental to the district in which they are located.
    1. The following regulations shall apply to any structure, building or dwelling constructed or altered in any Class R-1 district:
    1. Density of Population. Lot area should be not less than 6,000 square feet and lot width shall be not less than fifty (50) feet. No more than one dwelling shall be placed upon any lot of the above size.
    2. Percentage of Lot Covered by Buildings, Dwellings and Other Structures. No dwelling or other structure including accessory buildings, shall cover more than 40% of the area of the lot. If more than one lot is used, the percentage shall be computed on the combined size of the lots.
    3. Yards, Courts and Open Spaces. Every lot in any class R-1 District shall be required to have a front yard with a minimum of fifteen (15) feet before any structure may be erected, a rear yard setback of ten (10) feet and a side yard on each side with a minimum of five (5) feet before any structure may be erected. Lots located at the intersection of two streets shall meet the front yard setbacks for both frontages.
    4. Building Minimums and Conditions. No building shall exceed two (2) stories or thirty (30) feet in height, unless each side yard is increased over the required minimum by five (5) feet for every five (5) feet, or fraction thereof, of additional height over thirty (30) feet. In no case shall the building height exceed fifty (50) feet.
    5. Temporary Residences. Basement dwellings may be lived in, not to exceed six months, and garages may be used as temporary dwellings for not to exceed six months.

165.06    CLASS R-2 DISTRICTS - ZERO-LOT DUPLEX RESIDENTIAL.

    1. The areas shown on the zoning map, a certified copy of which is on file in the office of the Clerk, designated R-2, shall be zoned Class R-2.
    2. The same uses permitted in Class R-1 districts will be permitted in an R-2 district.
    3. The following regulations shall apply to any structure, building or dwelling constructed or altered in a Class R-2 district:
    1. Density of Population. Lot area shall be not less than 9,000 square feet with a minimum of 4,500 square feet per unit, and lot width shall be not be less than 75 feet.
    2. Percentage of Lot Covered by Buildings, Dwellings and Other Structures. No dwelling or other structure, including accessory buildings, shall cover more than 50% of the area of the lot. If more than one lot is used, the percentage shall be computed on the combined size of the lots.
    3. Yards, Courts and Open Spaces. Every lot in any Class R-2 district shall be required to have a front yard with a minimum of fifteen (15) feet before any structure may be erected, a rear yard setback of ten (10) feet and a side yard on each side with a minimum of five (5) feet before any structure may be erected. Lots located at the intersection of two streets shall meet the front yard setbacks for both frontages.
    4. Size of Structure. No structure shall be built having less than 1000 square feet of living space per dwelling unit.
    5. Temporary Residences. Basement dwellings may be lived in, not to exceed six months, and garages may be used as temporary dwellings for not to exceed six months.
    6. Other Uses. Funeral homes and professional office buildings are permitted in the R-2 district.

165.07    CLASS RM DISTRICTS – MULTIPLE-FAMILY RESIDENTIAL.

    1. The districts shown on the zoning map and designated Class RM shall be zoned Class RM.
    2. The following uses shall be allowed in any Class RM district:
    1. All uses permitted in any Class R district.
    2. Boarding houses.
    3. Multiple-family dwellings.
    1. The following regulations shall apply to any structure, building or dwelling constructed or altered in a Class RM district:
    1. Density of Population. Lot area shall be not less than 6,000 square feet and lot width shall be not less than fifty (50) feet.
    2. Percentage of Lot Covered by Buildings, Dwellings and Other Structures. No dwelling or other structure, including accessory buildings, shall cover more than 75% of the area of the lot. If more than one lot is used, the percentage shall be computed on the combined size of the lots.
    3. Yards, Courts and Open Spaces. Every lot in any Class RM district shall be required to have a front yard with a minimum of fifteen (15) feet before any structure may be erected, a rear yard setback of ten (10) feet, and each lot shall have a minimum side yard of at least five (5) feet on each side. Lots located at the intersection of two streets shall meet the front yard setbacks for both frontages.
    4. Size of Structure. No structure shall be built having less than 1000 square feet of living space per dwelling unit.
    5. Temporary Residences. Basement dwellings may be lived in, not to exceed six months, and garages may be used as temporary dwellings for not to exceed six months.

165.08    CLASS C DISTRICTS – CENTRAL COMMERCIAL.

    1. The districts shown on the zoning map and designated Class C shall be zoned Class C.
    2. The following uses shall be allowed in any Class C district:
    1. Stores and shops for conducting any lawful retail business.
    2. Personal service shops.
    3. Banks, theaters, offices, restaurants and taverns.
    4. Garages and filling stations upon the approval of the Board of Adjustment and subject to such conditions and safeguards as deemed appropriate by such board.
    5. Wholesale businesses.
    6. Post offices, plumbing shops, police and fire departments, stations, and telephone offices.
    7. Those uses that in the opinion of the Board of Adjustment are of the same general character as those listed above as permitted uses, and which will not be detrimental to the district in which they are located.
    8.  
    1. First floor apartments located behind another permitted use and entry to the dwelling unit is in the rear or side of the building. Permitted use must be at least a minimum of 500 square feet. Second-story residential apartments. Off-street parking must be provided.
 
    1. The following regulations shall apply to any structure, building or dwelling constructed or altered in a class C district:
    1. Minimum Lot Size Requirements. Lot width shall not be less than 25 feet.
    2. Percentage of Lot Covered by Buildings, Dwellings and Other Structures. No dwelling or other structure, including accessory buildings, shall cover more than 90% of the area of the lot. If more than one lot is used, the percentage shall be computed on the combined size of the lots.
    3. Yards, Courts and Open Spaces. No minimum yard is required in any Class C district.
    4. Size of Structure. No structure shall be built greater than 45 feet or 3 stories tall.

165.09    CLASS C-1 – LIGHT COMMERCIAL.

    1. The districts shown on the zoning map and designated Class C-1 shall be zoned Class C-1.
    2. The following uses shall be allowed in any Class C-1 district:
    1. Stores and shops for conducting any lawful retail business.
    2. Personal service shops.
    3. Banks, theaters, offices, restaurants and taverns.
    4. Garages and filling stations upon the approval of the Board of Adjustment and subject to such conditions and safeguards as deemed appropriate by such board.
    5. Wholesale businesses.
    6. Post offices, plumbing shops, police and fire departments, stations, and telephone offices.
    7. Those uses that in the opinion of the Board of Adjustment are of the same general character as those listed above as permitted uses, and which will not be detrimental to the district in which they are located.
    1. The following regulations shall apply to any structure, building or dwelling constructed or altered in a Class C-1 district:
    1. Minimum Lot Size Requirements. Lot width shall not be less than 50 feet.
    2. Percentage of Lot Covered by Buildings, Dwellings and Other Structures. No dwelling or other structure, including accessory buildings, shall cover more than 60% of the area of the lot. If more than one lot is used, the percentage shall be computed on the combined size of the lots.
    3. Yards, Courts and Open Spaces. Every lot in any class C-1 district shall be required to have a front yard with a minimum of fifteen (15) feet before any structure may be erected, and each lot shall have a minimum side yard of at least ten (10) feet on each side.
    4. Size of Structure. No structure shall be built greater than 35 feet or 2 stories tall.
    1. Off-Street Parking. Hard-surfaced off-street automobile parking shall be provided in the C-1 Light Commercial district according to the following table:

Use

Spaces Required

Theater, auditorium church or place of public assembly

1 per 8 seats available
at maximum capacity

Medical centers

 

1 per 300 square feet gross floor area

Storage areas, warehouse
Retail establishment
Office uses
Professional office buildings
Mortuaries and funeral homes

165.10    CLASS I-1 DISTRICTS – INDUSTRIAL. The districts shown on the zoning map and designated Class I-1 shall be zoned Class I-1.

    1. Permitted Uses. The following uses should be allowed in any Class I-1 district: Subject to subsection 3 of this section, all lawful uses not permitted in any other class or district shall be permitted in any district zoned Class I-1.
    2. Prohibited Uses. All uses of land, buildings and structures or industrial processes that may be noxious or injurious by reason of production or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibrations, or similar substances or conditions and uses that have been declared a nuisance in any court of record are prohibited in any district zoned Class I-1.
    3. The following regulations shall apply to any structure, building or dwelling constructed or altered in a Class I-1 district:
    1. Minimum Lot Size Requirements. Lot shall not be less than five thousand (5,000) square feet. Lot shall not be less than width of fifty (50) feet.
    2. Percentage of Lot Covered by Buildings, Dwellings and Other Structures. No dwelling or other structure, including accessory buildings, shall cover more than 60% of the area of the lot. If more than one lot is used, the percentage shall be computed on the combined size of the lots.
    3. Yards, Courts and Open Spaces. Every lot in any class I-1 district shall be required to have a front and rear yard with a minimum of twenty-five (25) feet before any structure may be erected, and each lot shall have a minimum side yard of at least ten (10) feet on each side except where a side yard abuts a residential district in which case a side yard of twenty-five (25) feet shall be required.
    4. Size of Structure. No structure shall be built greater than 50 feet tall.
    1. Off-Street Parking. Hard-surfaced off-street automobile parking shall be provided in the I-1 district according to the following table:

Use

Spaces Required

Manufacturing

1 per employee and 1 space per vehicle used by the company

Farm implement sales, service, repair and assembly

1 per 300 square feet of sales, service or office floor area

Truck garage and repair shop
Automobile paint and body shop
Building materials and storage

1 per 200 square feet of sales, service or office floor area

Contractor’s shop and storage yard

 

All uses shall provide one (1) off-street loading space for each 5,000 square feet of floor area or fraction thereof

Veterinarian’s office and kennel
Truck and freight terminal
Welding and machine shop
Railroads and public utilities including storage and maintenance yards and buildings
Commercial trade schools and colleges including dormitory facilities

1 space for each four (4) seats n the auditorium or ten (10) spaces for each classroom, whichever is greater

Laboratories, research, experimental and testing

1 space per two (2) employees, plus one (1) space for each vehicle used in the conduct of the enterprise

Warehouses

1 space for each three (3) employees, plus one (1)space for each vehicle used in the conduct of the enterprise

 

5. Permitted Signs.

A. Trade, business or industry identification signs, provided that they:

(1) Do not exceed 25 feet in height.

(2) Do not overhang the public right-of-way.

(3) Are not within 75 feet of a highway intersection, highway structure, residence, park, school, cemetery, public or semipublic building.

B. Advertising signs and billboards, provided that:

(1) No billboard shall be located in, overhang or project into a required yard.

(2) All signs and billboards shall be maintained in a neat and presentable condition and in the event their use shall cease, the area shall be restored to a condition free from refuse and rubbish.

(Ord. 309 – Aug. 06 Supp.)

165.11    CLASS R-FB OVERLAY DISTRICT – RESIDENTIAL FACTORY-BUILT HOUSING PARK. The R-FB Residential Factory-Built Housing Park Overlay is intended to provide for the placement of manufactured homes, mobile homes and modular homes within factory-built housing parks. The overlay district is intended to provide and maintain for the operation of facilities to be used by manufactured home park residents including laundry, recreational facilities, and other structures or features for the safety and welfare of park residents. The overlay district allows for a residential factory-built housing park to be located anywhere in the City provided it meets the minimum standards provided herein.

    1. R-FB Use Regulations. Principal and accessory uses permitted in the R-FB Zone District shall be prescribed in Table A at the end of this section.
    2. Bulk Regulations. The minimum area, setback, density and maximum height shall be as prescribed in Table B.
    3. Accessory Uses. Accessory uses are permitted subject to this chapter.
    4. Home Occupations. Home occupations are permitted subject to this chapter.
    5. Off-Street Parking. Off-street parking shall be provided in all Mobile Home Parks.
    6. Signs. Signs shall be monument style placed at the entrance and/or exit of the park.
    7. Factory-Built Housing Park Layout Standards. The following standards shall be considered as minimums for the layout of factory-built home parks:
    1. Minimum Area. The minimum gross area for a park is five (5) acres.
    2. Maximum Density. Maximum density shall not exceed seven (7) factory-built homes per gross acre.
    3. Minimum Lot Size. Minimum lot sizes shall be as prescribed in Table B.
    4. Entrance. Stairs servicing the main entrance of the factory-built home shall be a minimum of thirty-six (36) inches in width and shall include guardrails, and/or handrails. All stairs and entrance landings shall be secured to the factory-built home and the ground surface. The stairs shall be placed on a level, solid surface.
    5. Clearance Between Homes. No factory-built home shall be located within five (5) feet of the side yard lot line for the space. In determining the clearance requirements, an annex shall be considered an integral part of the factory-built home. No factory-built home shall be located closer than fifteen (15) feet from the front yard lot line or ten (10) feet from the rear yard lot line of the space.
    6. Yards. Each factory-built home park shall provide a yard not less than fifty-five (55) feet along each boundary abutting a public right-of-way. Such yards shall be landscaped to screen the park from the right-of-way, except for those portions used for ingress and egress.
    7. Unit Placement. It is preferred that all homes shall have a parallel orientation to the street.
    8. Alternative Designs. Developers electing to provide a design alternative to parallel orientation should provide a street-front façade. The following illustration provides an example of a perpendicular orientation providing a street-front façade.

    9. Park Perimeter Buffering. Each yard area abutting on a perimeter public street or adjoining other property shall provide an appropriate width and screening to effectively buffer the park. Perimeter buffering will be reviewed during site plan review and may include a combination of screening trees, vertical berming, and/or screening fencing. A detail regarding the proposed screening combination shall be prepared by a Landscape Architect or other qualified professional and be included in the site plan reviewed by City Planning and Zoning Commission.
    10. Trees. Trees shall be provided along street frontages at a rate of two trees per lot.
    11. Access.

      (1) Entrance/Exit Roadways. Each factory-built home park shall have at least two (2) separate entrance and exit roadways and shall connect to a dedicated public right-of-way not less than fifty (50) feet in width.

      (2) Private Streets. All factory-built home park spaces shall abut a private street of not less than twenty-four (24) feet in width and with a minimum right-of-way of forty (40) feet. Interior streets greater than 250 feet in length shall be of curvilinear design with curve radius to reduce the straight-line appearance of the park. The actual curve radius to be determined based on the length of the street and site conditions, such as topography and shall provide an overall offset equal to the width of the street.

      (3) Cul-de-sac Requirements. All dead-end private streets over four hundred (400) feet shall include adequate space for a cul-de-sac with a diameter of one hundred (100) feet.

      (4) Surfacing. Private streets shall be constructed of a six-inch (6") Portland concrete cement with a rollover curb.

      (5) On-Street Parking. Parking shall only be allowed on one side of a private street, provided the street is a minimum width of twenty-seven (27) feet and provides a minimum of a forty-five (45) foot right-of-way. Parking shall be allowed on one side only and shall be marked accordingly with signs designating parking.

    12. Sidewalks. Sidewalks no less than four (4) feet in width shall be provided from factory-built home spaces to service buildings on both sides of all streets within a factory-built home park. Sidewalks shall be located one (1) foot outside the lot line of the factory-built home space and shall be constructed of a thickness of no less than four (4) inch Portland concrete cement, except six (6) inch concrete is required through drives.
    13. Private Lighting. Sidewalks and driveways shall be properly maintained and shall be lighted at night with a minimum illumination of at least six-tenths (0.6) foot-candle. Forty-watt lamps at intervals of not more than fifty (50) feet shall meet the illumination requirements.
    14. Off-Street Parking. Two (2) off-street-parking spaces shall be provided on each factory-built home site and shall be located entirely on the factory-built home space. Each such parking space shall measure not less than nine by eighteen (9 x 18) feet.
    15. Storage Shed. A maximum of one storage shed per lot and no greater than twelve by twelve (12 x 12) feet may be located as an accessory use to the factory-built home, provided the shed is located on the same space as the factory-built home. The storage shed shall not be located in the front yard of the factory-built home space and shall be located no less than four (4) feet from the side or rear lot line of the factory-built home space. The exterior wall and roof covering material shall match the wall and roof covering material of the dwelling unit for which it serves.
    16. Storage Area. Enclosed storage facilities in clusters throughout the R-FB park, shall be provided in an amount equal to one hundred (100) square feet per mobile factory-built home space. The area shall be for the residents of the park to store trailers of all types, boats, detached pickup campers, motor homes, etc. Such storage area shall be topped with a dust- and growth-free surface facilitating drainage and shall be screened on all four sides by a solid fence not less than eight (8) feet in height.
    17. Recreation Area. A general area or areas amounting to not less than five percent (5%) of the gross area of the factory-built home park, excluding any area dedicated as public right-of-way, shall be provided for recreation use. Such areas shall not include any that are designated as a factory-built home space, storage area or required yard.
    18. Fences. All fences erected or placed within a factory-built home park shall comply with this chapter.
    19. Storm Shelters. There shall be one or more storm shelters provided and maintained for use by the residents. An architect or engineer, as defined in the Iowa Architectural and Engineering Laws, shall prepare the structural plans for the storm shelters with the following location and design criteria:

(1) Locations within 1,200 feet of all units.

(2) Shelter size to provide for seven (7) square feet per unit served by that shelter.

(3) Shelters to be provided with emergency lighting and battery operated AM radio.

    1. Factory-Built Home Park Standards For Utilities and Services.
    1. Drainage. The park shall be located on a well-drained site, properly graded to insure drainage and proper retention where required.
    2. Health Regulations. All factory-built homes and factory-built home parks shall comply with all City, County and State health regulations applicable to other rental properties or owner-occupied housing within the City.
    3. Underground Utilities. All public utilities within the factory-built home park shall be underground.
    4. Water Supply. The water supply for the factory-built home park shall be a system that is owned and operated by the City. An adequate supply of pure water for drinking and domestic purposes shall be supplied to all buildings and factory-built home spaces within the park to meet the requirements of the park. Each factory-built home space shall be provided with a cold-water tap of no less than three-quarter inch (3/4") pipe above the ground. The park shall provide a complete water main supply system, including hydrants, valves and other appurtenances, which shall be extended into and through the park to the boundary line and shall connect to the municipal water system when installed. The water system for the factory-built home park shall be installed in accordance with the Wyoming Subdivision Ordinance. Standard fire hydrants shall be located within three hundred (300) feet of each factory-built home.
    5. Sewer System. The sewage disposal system for the park shall connect to the system owned and operated by the City. All plumbing in the factory-built home park, including but not limited to waste from laundry facilities, showers, bathtubs, flush toilets, urinals, lavatories and kitchen sinks in service and other buildings within the park, shall be discharged into the public sanitary sewer system in compliance with the plumbing laws and health regulations of the State of Iowa, Linn County and the City of Wyoming. Each factory-built home space shall be provided with a sanitary sewer of at least four (4) inches in diameter, which shall be connected to receive the waste from the shower, bathtub, flush toilet, lavatory and kitchen sink of the mobile home. The sanitary sewer pipe in each space shall be connected to discharge the waste into the public sewer system in compliance with applicable City ordinances and specifications.
    6. Electricity and Natural Gas.

      (1) Electric outlet supply of two hundred forty (240) volts - two hundred (200) amperes of service shall be provided for each factory-built home space. The installation shall comply with all State and local electrical codes and ordinances. Such electrical outlets shall be weatherproof.

      (2) Street and yard lights shall be provided in such number and intensity as to ensure the safe movement of vehicles and pedestrians at night. A light shall be located at each outside entrance of the service buildings, which shall be kept lighted during the hours of darkness.

      (3) Where natural gas is provided, installation shall comply with all applicable code regulations.

    7. Service Buildings. Accessory uses are permitted subject to the following provisions.

      (1) Standards. Service buildings shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations, plumbing and sanitary systems.

      (2) Maintenance. All service buildings in the grounds of the park shall be maintained in a clean, safe condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.

    8. Tie-Downs and Base. All factory-built homes located within the City limits shall provide, install and maintain a tie-down system in securing and maintaining in position mobile homes, annexes thereto and auxiliary buildings. Said tie-down system shall be in compliance with all applicable Federal, State and local rules and regulations as to factory-built home construction.

 

TABLE A

USES R-FB ZONE

P = Permitted A = Accessory N = Not Allowed

Land Use

Notes

Coin-operated laundries

A

 
Community buildings

P

Owned or operated by public or private agencies or organizations; not commercial
Emergency shelters

P

Required
Family homes

P

Minimum 12 feet wide
Factory-built home sales

A

 
Factory-built home park

P

 
Home occupations

A

See Section 165.14
Maintenance building

A

 
Manufactured housing

P

Minimum structure width 14 feet
Mobile homes

P

Minimum structure width 14 feet
Modular housing

P

Minimum structure width 14 feet
Day care group

P

 
Parks

P

Owned or operated by public or private agencies or organizations; not commercial
Playgrounds

A

 
Private swimming pools

A

 
Recreation buildings

A

 
Storage shed

A

1 per lot; maximum size 144 s.f.
Temporary construction buildings

A

 
Tennis courts

A

 

 

 

TABLE B

BULK REGULATIONS R-FB ZONE

 

Minimum
Lot Size Requirement

Minimum
Yard Requirement

 

Principal Permitted Uses

Frontage

Width

Area

Front Yard Depth

Each Side Yard Width

Rear Yard Depth

Maximum Height

Single-Family Dwellings; Family Homes, Manufactured Homes, Mobile Homes, Modular Homes in a Parallel Orientation  

 

 

90 feet

 

 

5,500

sq. feet

 

 

15 feet*

 

 

 

5 feet*

 

 

10 feet

 

35 feet or

2 1/2 stories

Single-Family Dwellings; Family Homes, Manufactured Homes; Mobile Homes; Modular Homes in a Perpendicular Orientation

 

 

35 feet

 

 

50 feet

 

 

5,000

sq. feet

 

 

20 feet*

 

 

8 feet*

 

 

25 feet

 

 

35 feet or

2 1/2 stories

Factory-Built Housing Park

400 feet

500 feet

20 acres

25 feet**

20 feet**

30 feet

 

* 25 feet if adjacent to a public right-of-way

** 50 feet if adjacent to a public right-of-way

 

 

165.12    FENCE REQUIREMENTS. The provisions of this section apply to the construction, alteration, moving and repair of any fence within the jurisdiction.

    1. Permit Required. Each application for a fence permit shall be submitted prior to the installation of a fence. The application shall be accompanied by a plot plan, in duplicate, drawn to scale, showing the actual dimensions of the lot, the size, shape and location of all existing buildings, location, height and material type of the proposed fence, and such other information as may be necessary to provide for the enforcement of this section. A record of applications and plans shall be kept by the Zoning Officer.
    2. Application Fee. A fee for the fence permit shall be charged. The fee shall be set by the jurisdiction and shall be available at the office of the Clerk.
    3. Review. All applications for fence permits shall be submitted to the Zoning Officer for a ten-day review and approved prior to permit issuance. Each application shall include data necessary to show that the requirements of this section are met.
    4. Expiration. Every fence permit issued by the Zoning Officer under the provisions of this section shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.
    5. Inspection Required. Upon completion of the work the applicant or owner shall notify the Zoning Officer that the work is completed. A final inspection may be performed to assure compliance with this section.
    6. Height. All fences, retaining walls and hedges located within a front, side or rear yard shall not exceed those found in the following table.

      MAXIMUM FENCE HEIGHTS

    District

    Front

    Side

    Rear

    A Zones

    4 feet*

    8 feet

    8 feet

    All

    4 feet*

    8 feet

    8 feet

    * At street intersections, no fence, retaining wall or hedge more than three (3) feet in height above the street level shall be located within a triangular area composed of two of its sides and twenty-five feet in length and measured along the right-of-way lines from the point of intersection of the above-referenced lines.

  1. Location. Fences and hedges shall be located no less than two (2) feet from any lot line, or right-of-way line of a public or private street or alley.
  2. Fence Material.
    1. Barbed Wire. It is unlawful for any person to erect, construct, keep or maintain any barbed wire fence within the City except when the barbed wire fence is erected, constructed and maintained in compliance with the provisions contained in the Iowa Code and used on property in agricultural use, provided the property has been used for the purpose of enclosing livestock within the preceding twenty-four month period. Barbed wire fences shall be permitted in a commercial or industrial zoning district, provided that the bottom strand of barbed wire shall not be less than six and one-half (6˝) feet above grade.
    2. Electric Fences. It is unlawful for any person to erect construct, keep or maintain any electric fence in any zoning district within the City, except for the enclosure of livestock operations located in an Interim Development district, provided the property on which the livestock operation is located does not adjoin property that is zoned or used for any residential purposes.
    3. Barbed wire and electric fences shall be prohibited in any zoning district or in conjunction with any use or operation when it is located within five (5) feet of an adjoining residential property, a public sidewalk or a street right-of-way line where a public sidewalk does not exist.
    4. Metal fence shall consist of a galvanized or vinyl covered chain link material, including all supporting frame posts and rails.
    5. Wood fence shall consist of a treated or decay resistive material. Posts and supports for the wood fence shall be located on the inside of the fence on the property on which the fence is constructed.
    1. Prohibited Fence Material. The following fences are prohibited, except as provided in this chapter or for permitted agricultural residential gardening uses to protect against rodents, vermin and pests:
    1. Wooden snow fence;
    2. Welded wire fence;
    3. Panel fence;
    4. Plastic snow/safety fence; and
    5. Chicken wire.

A snow fence may be erected on a temporary basis, not to exceed six months, to alleviate the adverse effects of drifting snow or to warn and prevent access to an area by unauthorized persons. When erected on a temporary basis to prevent access of unauthorized persons to any area, the snow/safety fence shall be removed within twenty-four hours after the elimination of the reason for which the fence was erected originally.

    1. Installation and Maintenance. All fences shall be constructed in a workmanlike manner with approved materials and installed to withstand wind load of 30 pounds per square foot. All fences shall be maintained and repaired as needed.

165.13    ACCESSORY BUILDINGS, STRUCTURES AND USES. The provisions of this section shall apply to the construction, alteration, moving and repair of any garage, storage shed, deck, cement slab, patio, dog run, or gazebo within the jurisdiction.

    1. Permit Required. Each application for an accessory use permit shall be submitted prior to construction. The application shall be accompanied by a plot plan, in duplicate, drawn to scale, showing the actual dimensions of the lot, the size, shape and location of all existing buildings, location, height and material type of the proposed structure, and such other information as may be necessary to provide for the enforcement of this section. A record of applications and plans shall be kept in the City Clerk’s office.
    2. Application Fee. A fee for the accessory use permit shall be charged. The fee shall be set by resolution of the City Council and shall be available at the office of the City Clerk.
    3. Review. All applications for permits shall be submitted to the City Clerk for a ten-day review and approved prior to permit issuance. Each application shall include data necessary to show that the requirements of this chapter are met.
    4. Expiration. Every permit issued by the code official under the provisions of this section shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.
    5. Inspection Required. Upon completion of the work the applicant or owner shall notify the code official that the work is completed. A final inspection shall be performed to assure compliance with this section.
    6. General. No accessory building shall be used as a dwelling unit.
    7. Separation from Main Building. All accessory buildings, excluding decks and gazebos, shall be separated from the main building by ten (10) feet.
    8. Appearance. An accessory building shall be comprised of similar building materials as the principal building.
    9. Private Garages. An accessory building used as a private garage may be located in any portion of the rear or side yard under the following conditions:
    1. Maximum one private garage per lot.
    2. A maximum square feet gross building area not to exceed 30% of the rear yard area with a maximum size of 850 square feet.
    3. No portion of the structure located in a rear yard area shall be located less than four (4) feet from an adjoining property line; less than twenty (20) feet from a public or private alley; on a utility easement.
    4. No portion of the structure located in a side yard area shall be located less than the required side yard setback for the main building or on a utility easement.
    5. Maximum building height of eighteen (18) feet.
10.  Accessory Structures. Decks, gazebos, or other seasonal structural addition is an accessory to the permitted use. They may be located in either the front, rear, or side yard not to exceed the setback requirements.

11.  Storage Buildings. All accessory buildings used for storage or other similar use may be located in any portion of the rear yard under the following conditions:

    1. Maximum 200 square feet gross building size.
    2. No portion of the structure shall be located less than four (4) feet from any adjoining property line; less than ten (10) feet from a public or private alley; on a utility easement.
    3. Maximum building height of ten (10) feet.
    1. Front Yard Area. No private garage or storage buildings shall be located in a front yard area.
    2. Accessory Uses in R and RM Districts.
    1. Storage of wood, lumber, and other material where the land occupied by such storage is confined to one location in the rear yard area with a maximum area of one hundred square feet, provided that there are at least eight (8) inches of free air space under such storage.
    2. Keeping of small animals commonly housed in a dwelling, but not for sale purposes. Dog runs constructed solely for the purpose of confining dogs for exercising and feeding may be located in an Residential zone, provided that they shall not be located in a front yard or side yard or closer than ten (10) feet to any lot line.
    1. Miscellaneous - Parking and Storage. No person shall park, keep or store, or permit the parking or storage of an inoperable vehicle, vehicle component parts, miscellaneous junk and debris or more than one recreational vehicle on any public or private property, in any zoning district, unless it shall be in a completely enclosed building. This regulation shall not apply to legitimate businesses operating in a lawful place and manner, in accordance with the zoning regulations, provided, however, that any outside areas used for parking and storage shall be screened from public view if required by the regulations of the zoning district within which they are located.

(Ord. 307 – Oct. 04 Supp.)

165.14    SPECIAL USES – HOME OCCUPATIONS. A "home occupation" is any occupation or activity carried on within a dwelling unit or accessory building by a member of the family residing on the premises, which occupation or activity is incidental and secondary to the residential occupancy and does not change the residential character thereof. Home occupations shall comply with the following:

    1. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its residential use and not more than twenty-five percent (25%) of the gross floor area of the dwelling unit shall be used for the home occupation.
    2. There shall be no change to the outside appearance of the building or premises, or visible evidence of the conduct of such home occupation other than one sign, non-illuminated, not exceeding one (1) square foot in area, and mounted flat against the wall of the principal building.
    3. No home occupation shall be conducted in an accessory building except by special exception of the Board of Adjustment.
    4. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met by providing off-street parking and shall not be in a required front yard.
    5. No equipment or process shall be used in such home occupation which creates noise, vibration, smoke, dust, odor, electrical interference, heat or glare beyond the confines of the dwelling unit or accessory building.

165.15    ENFORCEMENT.

    1. Administration and Enforcement. This chapter shall be enforced by the Zoning Officer appointed by the Mayor subject to Council approval. No permit shall be issued except when the provisions herein have been complied with.
    2. Permits and Certificates of Occupancy. No land shall be used or occupied and no building erected hereafter, or extended, until a certificate of occupancy and a building permit shall have been issued in accordance with the provisions of this chapter. Said permit shall be valid for one year, and a new permit shall be required if the first permit expires. The second permit shall be in the same amount as the first.
    3. Powers and Duties. The Zoning Officer shall have the following powers and duties:
    1. The Zoning Officer shall issue building permits when it has been shown to such officer’s satisfaction that such proposed building or extension will be in conformity with this chapter, and upon the required payment as determined by Council resolution.
    2. The Zoning Officer shall receive compensation set by the Council, to be paid from the fees collected for the issuance of building permits.

 

165.16    BOARD OF ADJUSTMENT.

    1. Board of Adjustment Created. A Board of Adjustment is hereby created. The Board of Adjustment shall consist of five (5) members, each to be appointed by the Council for a term of five (5) years, who shall be citizens of the City and who shall not hold any elective office in the City government. The Council shall fill vacancies for the unexpired term of any member whose term becomes vacant. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. The Board shall elect a Chairperson from its membership, and appoint a Secretary. All members of the Board shall serve without compensation. Matters of procedure, powers and judicial review relating to this Board are regulated by statute.
    2. Procedure. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board may determine. All hearings and meetings conducted by said Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote, or failure to vote, of each member upon every question, and shall keep records of its examinations and other official actions. These shall be filed immediately in the office of the Clerk and shall be a public record. The Board shall adopt its own roles of procedure not in conflict with this section or with the Iowa Statutes. The Chairperson, or in the absence of the Chairperson, the acting Chairperson, may administer oaths and compel the attendance of witnesses.
    3. Review by Board of Adjustment. All prohibitions as above provided are subject to review by the Board of Adjustment and an otherwise prohibited use may be permitted if approved by said Board, subject to securing a permit therefor and to such conditions, restrictions, and safeguards as may be deemed necessary for the purpose of protecting the health, safety, morals, and general welfare of the community. An appeal to the Board of Adjustment may be taken by any person aggrieved by any order, requirement, decision or determination by any governmental officer, department, board or bureau based in whole or in part upon the provisions of this section. Such appeal shall be filed with the Zoning Officer and the Board of Adjustment within twenty (20) days of the action appealed from. Upon appeal, the Zoning Officer shall immediately transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Officer certifies to the Board that a stay would, in the opinion of the Zoning Officer, cause imminent peril to life or property. The Board shall fix a reasonable time for hearing of the appeal, a notice of which shall be published at least once not more than twenty (20) or less than seven (7) days before the hearing in a newspaper of general circulation within the community. The concurring vote of three (3) members of the Board of Adjustment is necessary to reverse any order, requirement, decision of an administrative official or to decide in favor of the applicant. A fee set by resolution by the Council shall be paid to the Clerk at the time the notice of appeal is filed to the credit of the General Revenue Fund of the City.
    4. Powers and Duties. The Board shall have the following powers and duties:
    1. To hear and decide appeals where it is alleged that there is an error in any action by the Zoning Officer or other administrative official in carrying out the provisions of this chapter; and for the interpretation of the Zoning Map.
    2. To hear and decide special exceptions to the terms of the Zoning Ordinance where specifically outlined.
    3. To hear and decide on applications for a variation in cases where there are practical difficulties or particular hardships in the way of carrying out the provisions of this chapter. Before any variation is granted, the Board of Adjustment must make a finding of facts that all of the following conditions are shown to be present: (a) the property in question cannot yield a reasonable, return if permitted to be used only under the conditions allowed by the regulations in that zone; (b) the plight of the owner is due to unique circumstances, and (c) a variation, if granted, will not alter the essential character of the locality. In granting a variation the Board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this chapter.

Nothing herein contained shall be construed to give or grant to the Board the power or authority to permit a use not generally permitted in the district involved.

    1. Appeal from Decision of Board of Adjustment. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment under the provisions of this chapter, or any taxpayer, or any officer, department, board, or bureau of the City, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order.

165.17    NONCONFORMING USES. The lawful use of any building or land existing at the time of the enactment of the Zoning Ordinance may be continued although such use does not conform to the provisions of this chapter. Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of the chapter.

EDITOR’S NOTE

The following ordinances have been adopted amending the Official Zoning Map (adopted by Ordinance No. 316 on November 14, 2005) and have not been included as a part of this Code of Ordinances but have been specifically saved from repeal and are in full force and effect.

ORDINANCE NO.

DATE ADOPTED

ORDINANCE NO.

DATE ADOPTED

       
       
       
       
       
       
       
       
       
       
       
       
       

 

[The next page is 725]

CHAPTER 166

SUBDIVISION REGULATIONS

166.01 Definitions 166.25 Deferral or Waiver of Required Improvements
166.02 Procedure 166.26 Issuance of Certificates of Occupancy
166.03 Pre-submission Consultations 166.27 Improvements Required
166.04 Requirements of Preliminary Plat 166.28 Design Standards Are Minimum
166.05 Submission of Preliminary Plat 166.29 Conformance to Applicable Rules and Regulations
166.06 Referral of Preliminary Plat 166.30 Subdivision Name
166.07 Review of Preliminary Plat 166.31 Monumentation
166.08 Action by the Commission 166.32 Character of the Land
166.09 Action by Council 166.33 Lots
166.10 Effective Period of Tentative Approval 166.34 Blocks
166.11 Completion of Improvements 166.35 Streets – General Requirements
166.12 Performance Bond 166.36 Streets – Design Standards
166.13 Final Plat 166.37 Storm Sewers and Drainage
166.14 Requirements of the Final Plat 166.38 Water Facilities
166.15 Submission of Final Plat 166.39 Sewage Facilities
166.16 Referral of Final Plat 166.40 Sidewalks
166.17 Action by Commission 166.41 Utilities
166.18 Action by the Council 166.42 Preservation of Natural Features and Amenities
166.19 Resubdivision of Land 166.43 Nonresidential Subdivisions
166.20 Completion Of Improvements 166.44 School and Park Reservations
166.21 Performance Bond 166.45 Improvements Within Unincorporated Jurisdiction
166.22 Inspection of Improvements 166.46 Variations and Exceptions
166.23 Release or Reduction of Performance Bond 166.47 Changes and Amendments
166.24 Maintenance of Improvements 166.48 Enforcement, Violations and Penalties

166.01    DEFINITIONS. For use in this chapter certain terms or words used herein shall be interpreted or defined as follows:

    1. "Alley" means a public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
    2. "Applicant" means the owner of land to be subdivided or said owner’s representative.
    3. "Block" means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or corporate boundaries.
    4. "Bond" means any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the Council.
    5. "Building" means any structure built for support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and includes any structure.
    6. "Central sewage system" means a private sewer system including collection and treatment facilities established by the developer to serve a new subdivision or resubdivision.
    7. "Central water system" means a private water system established by the developer to serve a new subdivision or resubdivision. It includes water treatment and distribution facilities.
    8. "City Engineer" means the person designated by the Council to furnish engineering assistance for the administration of these regulations.
    9. "Commission" means the Planning and Zoning Commission of the City.
    10. "Cul-de-sac" means a municipal service street with only one outlet and having an appropriate terminal for safe and convenient reversal of traffic movement.
    11. "Developer" means the owner of land proposed to be subdivided or such owner’s representative.
    12. "Easement" means an authorization by a property owner for the use by another, and for a specified purpose, of any designated part of such owner’s property.
    13. "Frontage" means that portion of a lot abutting on a street or way and complying with the setback and front yard requirements as they may exist, but it is not considered as the side of a corner lot.
    14. "Individual sewage disposal system" means a septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device.
    15. "Local board of health" means the County Board of Health.
    16. "Lot" means a portion of a subdivision or other parcel of land intended for the purpose, whether immediate or future, of transfer of ownership or for building development.
    17. "Municipal arterial streets" means those streets which connect principal traffic generating areas or connect such areas with other street systems.
    18. "Municipal collector streets" means those streets that collect traffic from municipal service streets and connect to other street systems.
    19. "Municipal service street" means those streets that primarily provide access to property.
    20. "Owner" means any person having legal title to or sufficient proprietary interest in the land to be sought to be subdivided under these regulations.
    21. "Plat" means a map, drawing or chart on which the developer’s plan of the subdivision of land is presented and which the developer submits for approval and intends, in final form, to record.
    22. "Public improvement" means any drainage ditch, roadway, parkway, sidewalk, pedestrian crosswalk, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
    23. "Right-of-way" means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. The usage of the term "right-of-way" for land platting purposes means that every right-of-way established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
    24. "Roadway" means that portion of the street available for vehicular traffic, and where curbs are laid, the portion from back to back of curbs.
    25. "Street" means and includes any public way, highway, street, avenue, boulevard, parkway or other public thoroughfare, and each of such words includes every other of them, and includes the entire width between property lines.
    26. "Subdivider" means a person undertaking the subdivision or resubdivision of a tract or parcel of land.
    27. "Subdivision" means the division of land into three (3) or more lots or other division of land for the purpose, whether immediate or future, of transfer of ownership or building development. The term, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided, or to the resubdivision of land heretofore divided or platted into lots or other divisions of land, or, if a new street is involved, any division of land.
    28. "Surveyor" means a land surveyor licensed and registered under the Code of Iowa.

166.02    PROCEDURE. In obtaining final approval of a proposed subdivision by the Council, the subdivider shall submit a preliminary plat in accordance with the requirements of Section 166.04 and install the required improvements or provide a performance bond.

166.03    PRE-SUBMISSION CONSULTATIONS. Prior to the submission of the preliminary plat of any subdivision, the subdivider is encouraged to meet with the City Engineer and other City officials responsible for the administration of these regulations to be advised of the procedural steps, design standards, required improvements and platting requirements. During such meetings, no commitments shall be made which will be binding upon the City.

166.04    REQUIREMENTS OF PRELIMINARY PLAT. Every proposed subdivision shall be submitted for tentative approval in the form of a preliminary plat prior to the submission of a final record plat. The purpose of the preliminary plat and accompanying material is to provide all facts needed for the Commission and Council to determine whether the proposed subdivision is satisfactory from the standpoint of the public interest. The following graphic and descriptive material is required to be provided on the preliminary plat and in the accompanying material.

    1. Contents of Preliminary Plat. The preliminary plat shall be prepared by a registered land surveyor at a convenient scale of not more than one inch equals one hundred (100) feet, may be prepared in pen or pencil, and the sheets shall be numbered in sequence if more than one sheet is used. The following information shall be shown on the preliminary plat:
    1. Title, scale, north point and date.
    2. Subdivision boundary lines, showing dimensions, bearings, angles, and references to section, townships and range lines or corners. Exterior boundaries are to be indicated with a solid heavy line.
    3. Present and proposed streets, alleys and sidewalks, with their rights-of-way, in or adjoining the subdivision, including dedicated widths, approximate gradients, types and widths of surfaces, curbs, and planting strips, and location of street lights, fire hydrants, and street signs.
    4. Proposed layout of blocks and lots showing dimensions, radii, chords and the square foot areas of lots that are not rectangular, and the lot and block number in numerical order.
    5. Building setback or front yard lines.
    6. Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds, or other public, semi-public or community purposes.
    7. Present and proposed easements, showing locations, widths, purposes and limitations.
    8. Location and names of adjoining parcels of unsubdivided and subdivided land.
    9. Boundaries of the highest known flood of record affecting the subdivision and the source of information.
    10. If the proposed subdivision borders on a lake or stream, the distances and bearings of meander line established not less than twenty (20) feet back from the mean high water mark of the lake or stream.
    11. Existing blocks, lots, and buildings.
    12. Present and proposed utility systems including sanitary and storm sewers, other drainage facilities, water lines, gas mains, electric utilities, and other facilities, with the size, capacity, invert elevation and location of each. If the subdivision is within one mile of public sewer or water or both, notation shall be made of the direction and distance to such facilities.
    13. Proposed name of the subdivision.
    14. Names and addresses of the owner, subdivider, builder, and surveyor who prepared the preliminary plat, and the surveyor who will prepare the final plat.
    15. Official legal description of the property being platted.
    16. Contours at vertical intervals of not more than two (2) feet if the general slope of the site is less than ten percent (10%) and at vertical intervals of not more than five percent (5%) if the general slope is 10% or greater.
    17. Existing and proposed zoning of the proposed subdivision and adjoining property.
    18. Location of all proposed monuments.
    1. Information to Be Provided in Accompanying Material. The following information shall accompany a plat when filing.
    1. A complete listing of all existing covenants which apply to the land to be subdivided, and a complete listing of all covenants which are proposed by the developer to apply to the subdivided land.
    2. A table of the following information:

      (1) Total acreage of subdivision.

      (2) Total number of lots.

      (3) Minimum, average, and maximum lot area.

      (4) Acreage of public lands to be dedicated or reserved other than streets.

    3. An attorney’s opinion showing that the fee title to the property proposed for subdividing is in the owner’s name as shown on the plat and showing any encumbrances that may exist against the land.
    4. If any portion of the subdivision is to have access on a State or County jurisdictional street, a written and signed statement acknowledging and permitting the access by the duly authorized official of the appropriate jurisdiction.
    5. Specifications and engineering construction drawings including profiles, cross-sections, and details of all public improvements. Elevations shall be referred to mean sea level as exhibited in standard U.S. Geological Survey Maps. Specifications and references shall meet those required by the City’s construction and specification standards, including a site grading plan for the entire subdivision.

166.05    SUBMISSION OF PRELIMINARY PLAT. The subdivider shall prepare a preliminary plat in accordance with the provisions of Section 166.04 and shall file with the Clerk an application in triplicate for the tentative approval of the plat. The application shall:

    1. Forms and Fees. Be made on forms available from the Clerk together with a fee of ten dollars ($10.00) per lot.
    2. Number of Plats. Be accompanied by a minimum of ten (10) copies of the preliminary plat.
    3. Time of Submission. Be presented to the Clerk at least four (4) weeks prior to the regular meeting of the Commission.

166.06    REFERRAL OF PRELIMINARY PLAT. The Clerk shall immediately refer two (2) copies of the preliminary plat to the City Engineer and seven (7) copies to the Commission. In the case of a subdivision outside the corporate limits of the City, the Clerk shall refer one copy of the preliminary plat to the County Board of Supervisors.

166.07    REVIEW OF PRELIMINARY PLAT. The preliminary plat shall be reviewed by the Commission to determine its conformity with these regulations and all other ordinances and regulations in force affecting subdivisions. Copies of the preliminary plat may be transmitted to other City or school officials, as the Commission deems necessary, for their recommendations concerning matters within their jurisdiction. Their recommendations, along with those of the City Engineer shall be transmitted to the Commission within three (3) weeks from the date the plat is filed. The Commission may confer with the subdivider on changes deemed advisable and the kind and extent of such improvements to be made.

166.08    ACTION B