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Council Study Meeting
May 17, 2021
7:00 p.m. or
Immediately Following the City Council Meeting
City Council Chambers
Agenda
1.

Discussion and direction on phase one of the development code updates to the zoning and site plan code.

City Council Study Meeting
Meeting Date:

1.

05/17/2021
Information

Subject
Discussion and direction on phase one of the development code updates to the zoning and site plan code.
Information
Fiscal Impact
Attachments
Memorandum
Zoning Code Updates

To:
Mayor and City Council
From: Charlie E. Dissell, Community and Economic Development Director
CC:
Ryan Waller, City Manager
Date: May 12, 2021
Re:
Discussion and direction on phase one of the development code updates to the
zoning and site plan code.
At its study session on May 17th, the City Council will receive a presentation from Chris Shires
with Confluence on the first phase of the updates to various development codes. As the Council
will recall, after the adoption of Elevate Indianola, in May 2020, the City Council approved a
professional services agreement on June 15, 2020 to start the updating of various development
codes to meet various implementation measures of the comprehensive plan.
These updates are being done in a two-phase process. Phase 1 of this process includes
revisions to the Zoning Regulations (Chapter 165) and Site Plan (Chapter 166) regulations. Once
Phase 1 is complete, Phase 2 will begin which will include a review of Plantings in Parking
(Chapter 141), Sign Regulations (Chapter 167), and Subdivision Regulations (Chapter 170).
Additionally, the Elevate Indianola calls for a Parkland Dedication Ordinance that will be
reviewed in Phase 2.
The proposed amendments, which combine current Chapters 165 and 166 into one chapter, are
attached for your review.

Indianola Zoning Code Update | Chapter 165 Outline

Council Draft 05-12-2021

ZONING REGULATIONS TABLE OF CONTENTS
165.01 TITLE, PURPOSE, JURISDICTION AND ESTABLISHMENT OF DISTRICTS AND MAP
1.
2.
3.
4.
5.

TITLE AND STATEMENT OF PURPOSE
JURISDICTION
INTERPRETATION OF STANDARDS
ESTABLISHMENT OF DISTRICTS
ADOPTION OF ZONING MAP

165.02 PROCEDURES, AMENDMENT, AND ENFORCEMENT
1.
2.
3.

4.

5.

6.

CONFORMANCE REQUIRED
BUILDING PERMIT AND SITE PLAN REQUIRED
ADMINISTRATION AND ENFORCEMENT
A. Zoning Administrator
B. Board of Adjustment
CERTIFICATE OF OCCUPANCY
A. Construction Compliance Certificate
B. Multiple-Dwelling Construction Compliance Certificates
C. Occupancy Compliance Certificate
D. Application for Compliance Certificates
AMENDMENTS
A. Request by Petition
B. City Council Referral
C. Zoning Commission Disapproval or Protest Petition
D. Filing Fees
APPLICATIONS AND FEES

7. PENALTIES
165.03 DEFINITIONS
165.04 GENERAL PROVISIONS
1.

2.

3.
4.

GENERAL PROVISIONS
A. Interpretation of District Boundaries
B. Zoning Districts Dividing Property
C. Future Annexation of Territory
D. Street Frontage Required
E. Visibility at Intersections
F. Lot and Yard Regulations
G. Height Regulation Exception
H. Use of Public Right-Of-Way
ACCESSORY BUILDINGS AND STRUCTURES
A. Intent
B. General Provisions
C. Applicability
D. Location and Setbacks
E. Area and Height Limit
F. Building Design
G. Exempt Structures
ANTENNAS, SATELLITE DISH ANTENNAS, AND TOWERS (NOT INCLUDING WIRELESS TELECOMMUNICATIONS
FACILITIES)
FENCES AND WALLS
A. Residential Districts
B. Industrial and Commercial Districts
C. Decorative Features

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Indianola Zoning Code Update | Chapter 165 Outline

5.

D. Swimming Pool Enclosures
E. Fences Frames
F. Retaining Walls
G. Materials and Maintenance
H. Measuring Fence or Wall Height
I.
Overland Flowage Easements
J.
Exceptions to Fence Requirements
NONCONFORMITIES
A. Nonconforming Uses
B. Nonconforming Lots of Record
C. Nonconforming Uses of Land
D. Nonconforming Structures
E. Nonconforming Uses of Structures
F. Repairs and Maintenance

165.05 ZONING DISTRICT REGULATIONS
1.

2.
3.
4.
5.

REGULATIONS BY ZONING DISTRICT
A. Agricultural / Open Space Zoning District (A-1)
B. Single-Family Residential Detached Zoning District (R-1)
C. Single-Family Residential Attached Zoning District (R-2)
D. Multi-Family Residential Zoning District (R-3)
E. Manufactured Home Park Zoning District (R-4)
F. Neighborhood Commercial Zoning District (C-1)
G. Highway Commercial Zoning District (C-2)
H. Downtown Mixed-Use Zoning District (C-3)
I.
Limited Industrial Zoning District (M-1)
J.
General Industrial Zoning District (M-2)
K. Planned Unit Development (PUD)
RESIDENTIAL ZONING DISTRICTS BUILDING BULK AND DENSITY REGULATIONS
NON-RESIDENTIAL BULK AND DENSITY REGULATIONS
PERMITTED AND SPECIAL USES
STANDARDS FOR ALL ZONING DISTRICTS
A. Small Wind Energy Conversion Systems
B. Solar Energy Systems
C. Accessory Dwelling Units
D. Home Occupations
E. Outdoor Sales and Displays for Commercial and Retail Businesses
F. Outdoor Storage
G. Loading Docks, Delivery and Service Overhead Doors
H. Trash and Recycling Collection
I.
Equipment Screening
J.
Exterior Lighting
K. Attached and Free-Standing Drive-Thru Canopies
L. Medical Cannabidiol Dispensaries and Manufacturing Facilities
M. Delayed Deposit Services Businesses and Pawnshops
N. Manufactured Homes

165.06 SITE PLAN REGULATIONS AND PROCEDURES
1.
2.

3.
4.

SITE PLAN REQUIRED
SITE PLAN APPLICATION
A. Agricultural Related and Single-Family Dwellings
B. All Other New Uses, Buildings, and Structures
C. General Provisions
SITE PLAN EXPIRATION
DESIGN STANDARDS
A. General Design Policies
B. Storm Water Management, Grading, and Paving Design Standards

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Council Draft 05-12-2021

Indianola Zoning Code Update | Chapter 165 Outline
5.

CONDOMINIUM CONVERSIONS
A. Conversion to Condominium
B. Application
C. Recording of Declaration

165.07 OFF-STREET PARKING REGULATIONS
1.
2.

3.

STATEMENT OF INTENT
OFF-STREET LOADING AND PARKING SPACES REQUIRED
A. Off-Street Loading Spaces
B. Off-Street Parking Spaces
PARKING AREA DESIGN STANDARDS
A. Access and Driveways
B. Setbacks

165.08 OPEN SPACE, LANDSCAPING AND BUFFERING
1.
2.
3.
4.

5.

6.

7.

8.

STATEMENT OF INTENT
APPLICABILITY
DEFINITIONS
OPEN SPACE AND LANDSCAPING REQUIRED
A. Open Space
B. Landscaping
BUFFERING
A. Buffers Required
B. Burden of Providing a Required Buffer
C. General Buffer Provisions
D. Buffer Options
PLANT MATERIALS STANDARDS
A. Plant Materials
B. Existing Trees and Tree Preservation Credit
REVIEW AND APPROVAL PROCESS
A. Plan Approval Required
B. Plan Submittal Requirements
C. Final Approval
D. Modifications
E. Nonconformities
MAINTENANCE AND REPLACEMENT
A. Maintenance
B. Replacement

165.09 BUILDING DESIGN STANDARDS
1.
2.
3.
4.
5.

6.
7.

8.

STATEMENT OF INTENT
APPLICABILITY
EXCEPTIONS
DEFINITIONS
GENERAL PROVISIONS
A. Building Facadism
B. Application of Exterior Building Materials on Primary Facades
C. Use of Trim on Primary Façades
D. Shutters
E. Soffits, Overhangs, and Cornices
F. Building Mounted Equipment Screening
BUILDING EXTERIOR FINISH MATERIALS
STANDARDS BY BUILDING TYPE
A. Building Use Types
B. Buildings Design Standards by Building Use Type
REVIEW AND APPROVAL PROCESS
A. Plan Approval Required
B. Plan Submittal Requirements

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Council Draft 05-12-2021

Indianola Zoning Code Update | Chapter 165.01 Title

Council Draft 05-12-2021

CHAPTER 165
ZONING REGULATIONS
SECTION 165.01 TITLE, PURPOSE, JURISDICTION AND ESTABLISHMENT OF
DISTRICTS AND MAP
1.

TITLE AND STATEMENT OF PURPOSE

4.

ESTABLISHMENT OF DISTRICTS

2.

JURISDICTION

5.

ADOPTION OF ZONING MAP

3.

INTERPRETATION OF STANDARDS

1. TITLE AND STATEMENT OF PURPOSE
The ordinance codified in this chapter is entitled “An ordinance to regulate and restrict the location
and use of buildings, structures, and land for trade, industry, residence and other purposes; to
regulate and restrict the height of buildings and structures, the number and size of buildings and
other structures; to establish the size of yards, courts, and other open spaces; to establish
minimum lot areas; and regulate the density of population and the percentage of lot that may be
occupied; to require off-street parking; to regulate the location, size and number of signs, to divide
the City into districts for such purposes; to provide for the administration and enforcement of its
provisions; to create a Board of Adjustment; to prescribe penalties for the violation of its
provisions, all in accordance with Chapter 414, Code of Iowa,” and may be known and cited as
“The Zoning Ordinance of the City of Indianola, Iowa.”
The purpose of this chapter is to prevent and to lessen congestion in the streets and highways; to
secure safety from fire, flood, panic and other dangers; to protect the public health and general
welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements; to conserve the value of buildings and
encourage the most appropriate use of land throughout the City, all in accordance with a
comprehensive plan.
2. JURISDICTION
These regulations apply to development of any parcel of land located within the corporate limits
of the City of Indianola or outside the corporate limits of the city as provided by law. No building
permit or certificate of occupancy shall be issued for any parcel of land or development after the
effective date of this Chapter that is not in conformance with the provisions of the Zoning
Ordinance. No excavation of land or construction of any public or private improvements shall take
place or be commenced except in conformity with the Zoning Ordinance.

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Indianola Zoning Code Update | Chapter 165.01 Title

Council Draft 05-12-2021

3. INTERPRETATION OF STANDARDS
In their interpretation and application, the provisions of the Zoning Ordinance shall be held to be
minimum requirements. Where the Zoning Ordinance imposes a greater restriction than is
imposed or required by other provisions of law or by other rules or regulations or ordinances, the
provisions of the Zoning Ordinance shall control.
Where uncertainty exists as to the boundaries of districts as shown on 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 approximately following township lines or section lines shall be
construed as following township lines or section lines.
4. Boundaries indicated as following railroad lines shall be construed to be midway between
the main tracks.
5. Boundaries indicated as following shorelines shall be construed to follow such shorelines
and in the event of change in the shoreline, shall be construed as moving with the actual
shoreline; boundaries indicated as approximately following the centerlines of streams 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 above 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 Director of Community Development shall interpret the district
boundaries.
4. ESTABLISHMENT OF DISTRICTS
The City is hereby divided into districts which are designated as follows:
Agricultural / Open Space Zoning District (A-1)
Single-Family Residential Detached Zoning District (R-1)
Single-Family Residential Attached Zoning District (R-2)
Multi-Family Residential Zoning District (R-3)

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Indianola Zoning Code Update | Chapter 165.01 Title

Council Draft 05-12-2021

Manufactured Home Park Zoning District (R-4)
Neighborhood Commercial Zoning District (C-1)
Highway Commercial Zoning District (C-2)
Downtown Mixed-Use Zoning District (C-3)
Limited Industrial Zoning District (M-1)
General Industrial Zoning District (M-2)
Planned Unit Development (PUD)
The locations and boundaries of these districts are shown on the official zoning map.
5. ADOPTION OF ZONING MAP
The official zoning map, and the explanatory material thereon, is hereby adopted by reference
and declared to be a part of this chapter. The official zoning map shall be identified by the
signature of the Mayor and attested to by the Clerk. The official zoning map shall be on file in the
office of the Clerk and shall be the final authority as to the current zoning status of land, buildings
and other structures in the City.

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Indianola Zoning Code Update | Chapter 165.02 Procedures

Council Draft 05-12-2021

CHAPTER 165
ZONING REGULATIONS
SECTION 165.02 PROCEDURES, AMENDMENT, AND ENFORCEMENT
5.

AMENDMENTS

1.

CONFORMANCE REQUIRED

2.

BUILDING PERMIT AND SITE PLAN REQUIRED

A.

Request by Petition

3.

ADMINISTRATION AND ENFORCEMENT

B.

City Council Referral

A.

Zoning Administrator

C.

B.

Board of Adjustment

Zoning Commission Disapproval or Protest
Petition

D.

Filing Fees

4.

CERTIFICATE OF OCCUPANCY
A.

Construction Compliance Certificate

B.

Multiple-Dwelling Construction Compliance
Certificates

C.

Occupancy Compliance Certificate

D.

Application for Compliance Certificates

6.

APPLICATIONS AND FEES

7.

PENALTIES

1. CONFORMANCE REQUIRED
Except as hereinafter specified, no building or structure shall be erected, converted, enlarged,
reconstructed or structurally altered, nor shall any building or land be used, which does not
comply with all of the district regulations established by the Zoning Ordinance for the district in
which the building or land is located.
2. BUILDING PERMIT AND SITE PLAN REQUIRED
No building, structure, foundation, tower, fence, or wall shall be constructed or erected without
prior approval and receipt of a building permit from the City. No building permit and no certificate
of occupancy shall be issued until a Site Plan or Special Use Permit has been approval as provided
herein this Chapter. Approval of a Site Plan is required as follows for all uses in accordance with
the procedures and requirements of Chapter 165.06 herein this ordinance. A record of
applications and site plans shall be kept in the office of the Zoning Administrator.
3. ADMINISTRATION AND ENFORCEMENT
A. Zoning Administrator
There is hereby created the position of Zoning Administrator, who shall be named by the City
Manager. The Zoning Administrator shall administer and enforce the provisions of the Zoning
Ordinance and shall have the following powers and duties in connection therewith:
(1) To issue all permits and certificates required by the Zoning Ordinance.

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Indianola Zoning Code Update | Chapter 165.02 Procedures

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(2) To notify in writing the person responsible for any violations of any of the provisions of
the Zoning Ordinance, indicating the nature of the violation and ordering the action
necessary to correct it.
(3) To order discontinuance of illegal use of land, buildings, or structures or of additions,
alterations or structural changes thereto; discontinuance of any illegal work being done,
or take any other action authorized by the Zoning Ordinance to ensure compliance with
or to prevent violation of its provisions.
The City Manager may delegate the powers and duties of the office of Zoning Administrator
to any other officer or employee of the City or may combine the powers and duties of this
office with any other office or position.
B. Board of Adjustment
A Board of Adjustment is hereby established which shall consist of five (5) members appointed
by the Mayor subject to confirmation by the Council for staggered terms of five years. The
terms of office of the members of the Board of Adjustment and the manner of their
appointment shall be as provided by statute. Vacancies will occur in said Board on the death,
resignation, or failure to meet residency requirements of any member of said board. If any
member fails to attend at least 75% of the official meetings in one year an automatic vacancy
will exist on said board. A member may have only one excused absence per year. The excused
absence shall only be granted by the Chairperson of the Board. When a vacancy occurs, the
vacancy will then be filled in the same manner as the original appointment for the remainder
of the unexpired term.
(1) Meetings: The meetings of the Board shall be held at the call of the Chairperson and at
such other times as the Board may determine. Such Chairperson or, in the absence of the
Chairperson, the acting Chairperson may administer oaths, subpoena witnesses and
compel the attendance of witnesses. All meetings of the Board shall be open to the public.
The Board shall keep minutes of its proceedings, showing the vote of each member on
each question, or if absent or failing to vote, indicating such fact, and shall keep records
of its examinations and other official actions, all of which shall be immediately filed in the
office of the City Clerk and shall be a public record. The presence of three (3) members is
necessary to constitute a quorum.
(2) Appeals: Appeals to the Board may be taken by any person aggrieved or by any officer,
department, board or bureau of the City affected by any decision of the Zoning
Administrator. Such appeal shall be taken within ten (10) days by filing with the Zoning
Administrator and with the Board a notice of appeal specifying the grounds thereof. The
Zoning Administrator shall forthwith transmit to the Board all papers constituting the
record upon which the action appealed from is taken. An appeal stays all proceedings in
furtherance of the action appealed from, unless the Zoning Administrator certifies to the
Board, after notice of appeal shall have been filed with the Zoning Administrator, that by
reason of the facts stated in the certificate, a stay would, in the Administrator’s opinion,
cause imminent peril to life or property. In such case, proceedings shall not be stayed

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Indianola Zoning Code Update | Chapter 165.02 Procedures

Council Draft 05-12-2021

otherwise than by a restraining order which may be granted by the Board or by a court of
record on application, on notice to the Zoning Administrator and on due cause shown.
The Board shall fix a reasonable time for the 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. Before an appeal is filed with the Board of Adjustment, the appellant shall pay
to the City Clerk the fee as established by resolution of the City Council.
(3) Power and Duties: The Board shall have the following powers and duties:
a. Appeals - To hear and decide appeals where it is alleged there is an error in any order,
requirements, decision or determination made by the Zoning Administrator in
enforcement of the Zoning Ordinance.
b. Variances - To grant a variance from the terms of the Zoning Ordinance when a
property owner can show that the owner’s property was acquired in good faith and
where by reason of exceptional narrowness, shallowness, or shape of a specific piece
of property, or where by reason of exceptional topographical conditions or other
extraordinary or exceptional situation, the strict application of the terms of the Zoning
Ordinance actually prohibits the use of such property in a manner reasonably similar
to that of other property in the same district, and where the Board is satisfied under
the evidence before it that a literal enforcement of the provisions of the Zoning
Ordinance would result in unnecessary hardship; provided, however, all variations
granted under this clause shall be in harmony with the general purpose and intent of
the Zoning Ordinance. Furthermore, the following findings shall be made in order to
grant a variance:
i.

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

ii.

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

iii. That the special conditions and circumstances do not result from the actions of
the applicant;
iv. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other lands, structures, or buildings in
the same district. No nonconforming use of neighboring lands, structures or
buildings in other districts shall be considered grounds for the issuance of a
variance.
In granting any variance, the Board may prescribe appropriate conditions and
safeguards in conformity with this Ordinance. Violation of any such conditions and
safeguards shall be deemed a violation of this Ordinance. Under no circumstances

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Council Draft 05-12-2021

shall the Board grant a variance to allow a use not permissible under the terms of the
Zoning Ordinance in the district involved, or any use expressly or by implication
prohibited by the terms of the Zoning Ordinance in said district.
If relevant and applicable, the Board may prescribe a time limit within which the action
for which the variance is required shall begin or be completed, or both. Failure to
begin or complete, or both, such action within the time limit shall void the variance. If
no time limit is set by the Board and if relevant to the variance, then the granted
variances shall become void eighteen months after the date of the Board approval
unless a building permit has been issued for the construction provided for by the
variance. In the event the building permit for the construction provided for by the
variance expires or is canceled, then the variance approval shall become void.
c.

Special Use Permits - To review and consider approval of a Special Use Permit for a
Special Use as identified Permitted and Special Uses Table contained in CHAPTER
165.05 of the Zoning Regulations. The following shall be required:
i.

Special Use Permit Application - A site plan (including number of copies),
application form, and any additional information and details as specified and
required by the Zoning Administrator as necessary to determine compliance with
all applicable codes and requirements shall be submitted to the Zoning
Administrator along with the Special Use Permit Application fee as established by
resolution of the City Council.

ii.

Special Use Permit Procedure - The Special Use Permit Application shall be
reviewed by the Zoning Administrator, or their designee, for completeness.
Incomplete applications shall be returned to the applicant with a list of the missing
items or details. Applications deemed completed shall be distributed to other city
departments and other agencies as necessary for review and comment as to its
compliance with all zoning regulations and other pertinent city codes, regulations,
and policies.

iii. Special Use Permit Review by Board of Adjustment - Subsequent to review by the
Zoning Administrator and other city departments and agencies, the Zoning
Administrator, or their designee, shall submit to all members of the Board a copy
of the Special Use Permit Application along with a written recommendation as to
the application’s conformity with the rules and regulations of the city.
iv. The Board shall subsequently hold a duly noticed public hearing as prescribed by
their rules of procedures, and the noticing requirements contained herein, and
review the Application for conformity with the zoning regulations and standards.
The Board may approve, approve with conditions, or deny the Special Use Permit
Application.
v.

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Findings for Approval - In order to approve a Special Use Permit, the Board shall
make the following findings:

Indianola Zoning Code Update | Chapter 165.02 Procedures

Council Draft 05-12-2021

1 - The proposed use, site improvements, and site plan comply with the minimum
requirements of the zoning district in which it is proposed to be located;
2 - The property is of adequate size to accommodate the proposed use and site
improvements including setbacks, open space, stormwater management, and
off-street parking;
3 - The proposed use and site improvements will not unduly impact the health,
safety, and general welfare of persons residing or working in adjoining
property or surrounding area;
4 - The proposed use and site improvements shall not unduly increase traffic
congestion;
5 - The proposed use and site improvements will not unduly burden public
utilities or increase risk to flooding;
6 - The proposed use and site improvements are compatible with the
surrounding neighborhood and shall not diminish or impair established
property values in adjoining or surrounding property; and,
7 - The issuance of the Special Use Permit will not endanger, jeopardize or harm
the health, safety or welfare of the properties and the community.
vi. Expiration of Special Use Permit Approval - All Special Use Permit approvals shall
expire and terminate 24-months after the date of the Board approval unless a
building permit has been issued for the construction provided for in the related
site plan. In the event the building permit for the construction provided for in the
related site plan expires or is canceled, then such site plan approval shall
thereupon terminate.
d. Public Hearing Noticing
Notice of each Board of Adjustment public hearing shall be mailed by first class mail
10 days prior to the meeting to all property owners within 200 feet of the boundary of
the property requesting a Variance or Special Use Permit.
e. Decisions of the Board.
i.

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In exercising the above powers, the Board may, in conformity with the provisions
of law, reverse or affirm, wholly or in part, or modify the order, requirement,
decision or determination appealed from, and make such order, requirement,
decision or determination as it believes proper, and to that end shall have all of
the powers of the Zoning Administrator. The concurring vote of three (3) of the
members of the Board shall be necessary to reverse any order, requirement,
decision or determination of the Zoning Administrator, or to decide in favor of the
applicant on any matter on which it is required to pass under this chapter.

Indianola Zoning Code Update | Chapter 165.02 Procedures

ii.

Council Draft 05-12-2021

No act of the Board shall become effective until after the decision of the Board has
been filed. Such decision may be contained within the minutes of the Board.

iii. Each variance granted by the Board shall contain a date upon which it shall be
effective.
iv. Every appeal, variance, or Special Use Permit granted or denied by the Board shall
be supported by a written testimony or evidence submitted in connection
therewith.
v.

Any taxpayer, or any officer, department, board or bureau of the City, or any
person or persons jointly or severally aggrieved by any decision of the Board may
present to a court of record a petition, pursuant to Iowa Code 17A.19, 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 (30) days
after the filing of the decision in the office of the Board.

4. CERTIFICATE OF OCCUPANCY
No land shall be occupied or used, and no building hereafter erected or structurally altered shall
be occupied or used in whole or in part for any purpose whatsoever, until a certificate is issued by
the Zoning Administrator, stating that the building and use comply with the provisions of the
Zoning Ordinance. No change of use shall be made in any building or part thereof, now or
hereafter erected or structurally altered, without a permit being issued therefor by the Zoning
Administrator. No permit shall be issued to make a change unless the changes are in conformity
with provisions of the Zoning Ordinance. Nothing in this section shall prevent the continuance of
a nonconforming use as authorized in the Zoning Ordinance, unless discontinuance is necessary
for the safety of life or property.
A. Construction Compliance Certificate
Subsequent to the adoption of this chapter a construction compliance certificate shall be
obtained from the Administrative Officer before any building or structure shall be erected,
reconstructed, or structurally altered to increase the exterior dimensions, height, or floor area,
or remodeled to increase the exterior dimensions, height, or floor area, or remodeled to
increase the number of dwelling units or accommodate a change in use of the building and/or
premises or part thereof. The construction compliance certificate shall state that the
proposed construction complies with all provisions of this chapter, and no subsequent
modifications shall be made to plans or to actual construction that would be in violation of
this chapter. A construction compliance certificate issued under this section shall lapse six
months from the date of its issuance unless construction has begun within that period and
shall also lapse if construction is stopped after it is initiated for a period of time in excess of
120 days. In the event that a construction compliance certificate lapses for either of the above
reasons, a new certificate shall be required before construction can resume. This amendment
shall apply to all outstanding building permits at the time of its adoption so that if construction

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is not commenced within six months after the date of this amendment, the rights under the
building permit shall lapse.
B. Multiple-Dwelling Construction Compliance Certificates
Requests for construction of multiple-dwelling compliance certificates shall be examined by
the Fire Chief who shall make a recommendation for approval or disapproval to the Zoning
Administrator who shall finally either approve or disapprove the request.
C. Occupancy Compliance Certificate
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 until an occupancy compliance certificate has been issued
by the Administrative Officer. Every occupancy compliance certificate shall state that the new
occupancy complies with all provisions of this chapter and no subsequent modifications shall
be made to the occupancy, use, or method of operation that would be in violation of this
chapter. No single-, two-, or multiple-family dwelling or other structure designed for human
use or occupancy shall be occupied nor shall any occupancy compliance certificate be issued
for any of the foregoing until and unless all improvements and installations required by
Chapter 170 of this Code of Ordinances have been made and accepted by the City.
D. Application for Compliance Certificates
Applications for compliance certificates shall be made prior to beginning construction or
assuming occupancy on fully completed application forms obtained from the Administrative
Officer, accompanied by such plans and information necessary to determine that the
proposed construction or occupancy complies with all applicable provisions of this chapter.
5. AMENDMENTS
The City Council may, from time to time, on its own action or on petition, after public notice and
hearings as provided by law, and after report by the Zoning Commission, amend, supplement, or
change the boundaries or regulations herein or subsequently established, and such amendment
shall not become effective except by the favorable vote of a majority of all the members of the
Council. The procedures for amendment are as follows:
A. Request by Petition
Whenever any person desires that any amendment, or change be made in the Zoning
Ordinance, including the text and/or map, as to any property covered by the Zoning
Ordinance, and there is presented to the Council a petition requesting such change or
amendment and clearly describing the property and its boundaries as to which the change or
amendment is desired, duly signed by the owners of fifty percent (50%) of the area of all real
estate included within the boundaries of said tract as described in said petition, and in
addition, duly signed by the owners of fifty percent (50%) of the area of all real estate lying

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outside of said tract but within two hundred (200) feet of the boundaries thereof, and
intervening streets and alleys not to be included in computing such two hundred (200) feet, it
is the duty of the Council to receive and refer the request to the Zoning Commission for its
review and consideration at a duly noticed public meeting in accordance to the Commission’s
rules of procedures and the noticing requirements contained herein. The findings and
recommendations of the Zoning Commission shall then be forwarded to the City Council for
consideration and action.
B. City Council Referral
The owner of a property may submit a written request to the Zoning Administrator for their
property to be rezoned. If the requested rezoning is not consistent with the adopted
Comprehensive Plan, the property owner may further request the Comprehensive Plan be
amended as part of the requested rezoning. The Zoning Administrator will then present this
request to the City Council, who, at their discretion, may adopt a motion to refer the request
to the Zoning Commission for consideration at a duly noticed public meeting in accordance
with their procedures and the noticing requirements contained herein. The findings and
recommendations of the Zoning Commission shall then be forwarded to the City Council for
consideration and action. The City Council may further by motion forward their own request
to the Zoning Commission to review and consider an amendment to the adopted
Comprehensive Plan, the rezoning of a given property or properties, or amendments to the
zoning regulations.
C. Zoning Commission Disapproval or Protest Petition
In case the proposed amendment, supplement or change is disapproved by the Zoning
Commission, or a protest is presented duly signed by the owners of twenty percent (20%) or
more either of the area of the lots included in such proposed change, or of those immediately
adjacent in the rear thereof, extending the depth of one lot or not to exceed two hundred
(200) feet therefrom, or of those directly opposite thereto, extending the depth of one lot or
not to exceed two hundred (200) feet from the street frontage of such opposite lots, such
amendment shall not become effective except by the favorable vote of at least three-fourths
(¾) of all members of the Council. Whenever any petition for amendment, supplement or
change of the zoning districts or regulations herein contained or subsequently established has
been denied by the Council, then no new petition covering the same property or the same
property and additional property shall be filed with or considered by the Council until one year
shall have elapsed from the date of filing of the first petition.
D. Public Hearing Noticing
Not less than seven nor more than 20 days’ notice of the time and place of the City Council
hearing to consider any proposed amendment or change in the Zoning Ordinance or zoning
district boundaries shall be published in a newspaper having general circulation in the
City. The Commission shall not make any recommendation to the Council on an amendment
to any zoning district boundaries until a sign 18 inches by 24 inches indicating the amendment
requested has been prepared and posted by the City in a visible location on the premises for
a period of 10 days. Notice of the Commission meeting shall be mailed by first class mail 10

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days prior to the meeting to all property owners within 200 feet of the boundary of the
property requesting an amendment to its zoning district boundaries.
E. Filing Fees
Before any action is taken as provided in this section, the owner or owners of the property
requesting the proposed changed in the district regulations or district boundaries shall pay to
the City Clerk the fee as established by resolution of the City Council.
6. APPLICATIONS AND FEES
The Zoning Administrator shall establish and provide the application form and information
required for all applications as may be necessary and required this ordinance. The fees for all
applications shall be as established by resolution of the City Council.
7. PENALTIES
Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the
enforcement of any of the provisions of the Zoning Ordinance shall, upon conviction, be fined for
each offense up to the maximum amount as allowed by the Code of Iowa. Each day that a violation
is permitted to exist constitutes a separate offense.

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CHAPTER 165
ZONING REGULATIONS
SECTION 165.03 DEFINITIONS

The following terms are defined for the purposes of this chapter:
1.

Accessory use or structure: A use or structure on the same lot with the principal use or
structure and serving a purpose customarily incidental and subordinate to the principal use
or structure. An accessory use shall not be taller than, encompass more floor area or use a
greater part of the lot than the principal permitted use or as further limited within this Zoning
Regulations. A prohibited principal use is also a prohibited accessory use in the same district.

2.

Addition: An extension or increase in floor area or height of a building or structure.

3.

After Hours Business: Any business open during any time between the hours of two o'clock
(2:00) A.M. to six o'clock (6:00) A.M. any day of the week and where patrons are allowed to
bring their own beer and wine onto the business premises.

4.

Agriculture: The use of land for agricultural purposes, including those forms of row-crop
farming, horticulture, floriculture, forestry, groves, orchards, and viticulture and limited
animal husbandry, apiculture, dairying, poultry husbandry, ranching as specified herein
appropriate for operation in an urban and urbanizing area, and also those necessary
accessory uses for packing, treating or storing the produce. The operation of the accessory
uses shall be subordinate to that of the normal agricultural activities. This definition does not
include any animal feeding operations, confined animal feeding operations, open feedlots,
and similar operations containing 12 or more animals. Furthermore, this definition does not
include any processing of animal products.

5.

Amusement arcade: A building or part of building in which five or more pinball machines,
video games, or other similar player-operated amusement devices are maintained.

6.

Animal shelter: A facility, other than a private residential dwelling and its surrounding grounds,
that is used to house or contain animals and that is owned, operated, or maintained by a
nongovernmental entity, including (but not limited to) a humane society, animal welfare
organization, society for the prevention of cruelty to animals, or any other organization
operating for the purpose of finding permanent adoptive homes for animals.

7.

Antenna: Any system of wires, poles, rods, reflecting discs, or similar devices used for the
transmission or reception of electromagnetic waves external to or attached to the exterior of
any building. (Also see “satellite dish antenna” and “communications tower.”)

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8.

Apartment house or building: Any building or portion thereof, which is designed, built, rented,
leased, let or hired out to be occupied, or which is occupied as the home or residence of three
(3) or more families living independently of each other and doing their own cooking in the
building. Said buildings have dwelling units that are both vertically and horizontally attached
to one another. (See “Dwelling, multiple-family.”)

9.

Assisted living residential facility: A building consisting of individual dwelling units where meals
and assistance for daily living activities are provided to the residents, who are primarily elderly
persons. Such facility must be licensed as a Residential Care Facility, Intermediate Care Facility
or Skilled Nursing Facility under Chapter 135C, Code of Iowa.

10.

Automobile sales and storage lot: An open, off-street area where 100 or more new and used
operable motor vehicles are stored or offered or displayed for sale or advertising
purposes. No motor vehicle may be sold or stored in any location other than an automobile
sales and storage lot.

11.

Automobile service center: Any building or premises where at least fifty percent (50%) of the
business is derived from retail sales of auto parts and accessories. Major work, including (but
not limited to) engine and transmission overhauls and/or changes, shall not be permitted.

12.

Bar: Any establishment devoted primarily to the selling, serving or dispensing and drinking of
malt, vinous, or other alcoholic beverage by 50% or more of total gross sales, and where such
beverages are consumed on the premises. (This definition includes and may also be referred
to as a “Cocktail Lounge,” “Tavern,” or “Saloon.”)

13.

Basement: The lower part of a building having more than one-half (½) of its height between
its floor and the floor of the story above it below the adjacent ground elevation.

14.

Bed and Breakfast Inn: An owner-occupied dwelling unit that contains no more than five (5)
guest rooms where lodging, with or without meals, is provided for compensation. For
establishments to be considered a bed and breakfast inn, versus an extended stay hotel,
apartment hotel, or apartment house or building, all rooms must be available for rent for as
little as one (1) night and no more than 30 days, no rental contract or similar agreement is
involved, and the establishment must be licensed as a hotel and collect and pay hotel/motel
tax on all guest rooms and guest stays.

15.

Billboard: All structures, regardless of the material used in the construction of the same, that
are erected, maintained or used for public display of posters, painted signs, wall signs
(whether the structure be placed on the wall or painted on the wall itself), pictures or other
pictorial reading matter which advertise a business or attraction which is not carried on or
manufactured in or upon the premises upon which said signs or billboards are located.

16.

Boarding house or rooming house: A building other than a hotel or motel where, for
compensation, lodging, or lodging and meals, are provided for three (3) or more persons.

17.

Body Piercing Studio: Any establishment or business wherein body piercing is practiced.
Specifically excluded from this definition are retail jewelry businesses offering ear piercing as

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a complimentary service. (See “Tattoo Studio.”)
18.

Brewery, micro: A business that brews beers, ales, and/or similar beverages on-site for
distribution, retail or wholesale, on or off-premises and produces no more than 10,000 barrels
of beer or ale annually. A microbrewery may include a tasting room for consumption onpremises as defined in Iowa Code Section 123.3(16).

19.

Buffer: A landscaped area, wall, or other structure intended to separate or partially obstruct
the view between two adjacent zoning districts, land uses or properties from one
another. (Also see “screening.”)

20.

Building: Any structure designed or intended for the support, enclosure, shelter or protection
of persons, animals or property, but not including signs or billboards.

21.

Building, height of: The vertical distance from the average natural grade at the building line,
to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or the
highest gable of a pitch or hip roof.

22.

Building line: The line parallel to the front lot line over which no portion of any building, except
an overhang or chimney, may extend and which is a distance from the front lot line equal to
the depth of the front yard required for the district in which such lot is located.

23.

Car wash: An area of land and/or a structure with machine or hand-operated facilities used
principally for the cleaning, washing, polishing, or waxing of motor vehicles.

24.

Carport: A roofed structure providing space for the parking of motor vehicles and enclosed on
not more than two (2) sides. For the purpose of the Zoning Regulations, a carport attached to
a principal building is considered as part of the principal building and subject to all yard
requirements herein.

25.

Child: A person under 18-years of age.

26.

Child Care Center: A facility providing child day care for seven or more children at one time,
except when the facility is registered as a group care facility or when officially registered by
the State of Iowa as a Child Development Home. (See Chapter 237A.1 of the State Code of
Iowa.)

27.

Child Day Care: (See Chapter 237A of the State Code of Iowa) The care, supervision, or
guidance of a child by a person other than the parent, guardian, relative, or custodian for
periods of two hours or more, and less than twenty-four hours per day per child, on a regular
basis, in a place other than the child's home, but does not have:
A. An institutional program administered by a public or non-public school system approved
by the Iowa State Department of Public Instruction or the Iowa State Board of Regents.
B. A religious-related instructional program of not more than one day per week.

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C. Short-term classes held between school terms.
D. A program administered by a political subdivision of the State which is primarily for
recreational or social purposes and is limited to children who are five years of age or older
and attending school.
28.

Child Care Home: A private residence where child care is provided to five (5) or fewer children
at any one time and that is not registered with the State of Iowa. (See Chapter 237A.3 of the
State Code of Iowa.)

29.

Child Development Home: A private residence, officially registered by the State of Iowa as a
“Child Development Home,” to provide child day care to six or more children at any one time
following the categories and regulations as defined by the Iowa Department of Human
Services (DHS) on July 1, 2017. (See Chapter 237A.3A of the State Code of Iowa.)

30.

Church or place of religious worship: An institution that people regularly attend to participate
in or hold religious services, meetings, and other typical ancillary activities. The term “church”
does not carry a secular connotation and includes buildings in which the religious services of
any denomination are held. This does not include a dwelling.

31.

Clinic, medical or dental: A building or buildings in which physicians, dentists, and allied
professional assistants are associated for the purpose of carrying on their professions.

32.

Club: An organization of persons for special purposes or for the promulgation of sports, arts,
literature, politics, fitness, or the like but not operated for profit, excluding churches, or other
houses of worship.

33.

Comprehensive Plan: The Comprehensive Plan for the City of Indianola, which sets forth the
City’s long-range plans for land use, transportation, municipal utilities, City expansion,
management and development policies to guide the City’s growth and from which the City’s
zoning regulations shall be based.

34.

Commission: Means the Planning and Zoning Commission of Indianola, Iowa.

35.

Communications tower: A structure that is intended for transmitting or receiving television,
radio, short-wave, citizens band or telephone communications. (See Chapter 161 for
definitions related to Communication Towers and Equipment.)

36.

Condominium: An estate in real property as regulated by Chapter 499B of the Code of Iowa
consisting of an undivided interest in common with other purchasers in a portion of a parcel
of real property, together with a separate interest in space in a building, such as an
apartment. A condominium may include, in addition, a separate interest in other portions of
such real property.

37.

Condo-Conversion (Condominium Conversion): The filing of a condominium regime, per the
Code of Iowa, for an existing real estate property, such as the conversion of an apartment
building into condominiums.

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38.

Convenience store: Any retail establishment, generally less than 10,000 square feet in size,
offering for sale food products, household items and other goods commonly found in grocery
stores and may include automotive and truck fuel sales. Any such business with 50% or more
of its gross sales in alcohol and/or tobacco shall be considered a liquor store or a tobacco
store.

39.

Cul-de-sac: A local street, one end of which is closed and consists of a circular turnaround.

40.

Delayed Deposit Services Business: A person or individual, group of individuals, partnership,
association, corporation, or any other business unit or legal entity who for a fee does either
of the following:
A. Accepts a check, draft, share draft, or other instrument for the payment of money dated
after the date it was written.
B. Accepts a check, draft, share draft, or other instrument for the payment of money dated
on the date it was written and holds it for a period of time prior to deposit or presentment
pursuant to an agreement with, or any representation made to, the maker of the check,
draft, or other instrument whether express or implied.
The above are typically referred to as “Check Cashing,” “Payday Lending,” or “Car Title Loan”
establishments.

41.

Density, gross: The number of dwelling units permitted per acre of gross land within a defined
area including public streets and open spaces.

42.

Density, net: The number of dwelling units per net acre of land being developed not including
public streets and open spaces.

43.

Department store: Any store, whether independently operated or part of a larger entity, which
markets consumer goods to the general public and occupies a space of 10,000 square feet or
more.

44.

Display lot: The lot area that is for display of sellable durables that are the primary durables
of the business.

45.

Dock: any elevated protrusion intended or used for purposes of loading and unloading goods,
merchandise, cargo, or other tangible goods.

46.

Drive-in or Drive-thru Facility: An establishment that provides or dispenses products or
services, through an attendant or an automated machine, to persons remaining in their
vehicle that are in designated drive-thru vehicle stacking lanes. A drive-thru facility may be in
combination with other uses, such as financial institutions, restaurants, pharmacies, and
service providers such as dry cleaners. For the purposes of the Zoning Regulations,
automotive and truck washes and automotive and truck fuel sales facilities will not be
categorized as drive-thru facilities.

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47.

Driveway: A privately owned roadway giving access from a public street to a building lot or
abutting property.

48.

Dwelling: Any building or portion thereof which is designed or used exclusively for residential
purposes, but not including a tent, cabin, trailer, or mobile home, and designed to be placed
on, supported by and attached to a continuous perimeter foundation, which is permanent
and constructed in accordance with the Indianola Building Code for site-built housing.

49.

Dwelling, accessory: A separate and smaller second dwelling that is located within the lot or
building envelop of a single-family dwelling and is held under the same ownership of that
single-family dwelling. This separate dwelling contains its own living, cooking, and
housekeeping facilities, may or may not have its own entrance, and is contained within,
attached to, or built separate from the principal single-family dwelling. Examples include: a
dwelling over an attached or detached garage, a tiny house built on a separate foundation in
the backyard, a dwelling within the basement of the principal building, or a dwelling attached
to the principal building.

50.

Dwelling, multiple-family: A building with three (3) or more dwelling units designed for or
occupied by three or more families with separate cooking and housekeeping facilities for each,
where either the units share a common entrance from the exterior of the building or any
single unit has common walls or floors with more than two units. Said buildings have dwellings
units that are both vertically and horizontally attached to one another. (See “Apartment house
or building.”)

51.

Dwelling, row: Three (3) or more horizontally attached dwelling units in a continuous row. (See
“Dwelling, townhouse.”)

52.

Dwelling, single-family, detached: A detached dwelling erected on its own lot and designed for
or occupied by one family only, with the minimum width of twenty (20) feet for more than 65%
of the length of the building exclusive of garages.

53.

Dwelling, single-family, semi-detached: A dwelling designed for or occupied by one family only
which is erected on a separate lot and is joined to another such dwelling on one side only by
a wall located on the lot line and which has yards on the remaining sides (commonly referred
to as a duplex). Each dwelling shall have a minimum width of twenty (20) feet for more than
65% of the length of the building exclusive of garages.

54.

Dwelling, townhouse: A dwelling unit attached horizontally to 2 or more other dwelling units
by party walls, but no single unit shares party walls with more than two other units, and where
each unit maintains an individual entrance from the exterior of the building. (See “Dwelling,
row.”)

55.

Dwelling, two-family: A dwelling designed for or occupied by two (2) families only, with
separate housekeeping and cooking facilities for each, and erected on one lot. Each dwelling
shall have a minimum width of twenty (20) feet for more than 65% of the length of the building
exclusive of garages.

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56.

Dwelling unit: A room or group of rooms which are arranged, designed, or used as a dwelling
for the occupancy of one family, containing sleeping, bathroom, and kitchen facilities.

57.

Easement: A granted right by a land owner to a person, government agency, or public utility
company to use land owned by another for a specific purpose.

58.

Elder group home: A single-family residence that is a residence of a person who is providing
room, board and personal care to three through five persons 60 years of age or older who are
not related to the person providing the service within the third degree of consanguinity or
affinity and which is certified by the State Department of Elder Affairs as an elder group home
in accordance with 231B.2 of the Code of Iowa. In accordance with the Code of Iowa, elder
group homes owned and operated by public or private agencies shall be dispersed throughout
the residential zones and districts and shall not be located within contiguous city block areas.
(See “Family home.”)

59.

Factory-built home: Any structure, designed for residential use, which is wholly or in
substantial part made, fabricated, formed, or assembled in manufacturing facilities for
installation or assembly and installation, on a building site. For the purpose of the Zoning
Regulations, factory-built homes include manufactured homes and modular homes.

60.

Family: One (1) or more individuals occupying a dwelling unit and living together as a single,
nonprofit housekeeping unit, and sharing common living, sleeping, cooking, and eating
facilities. The definition of Family does not include any society, club, fraternity, sorority,
association, lodge, combine, federation, coterie, or like organization; any group of individuals
whose association is temporary or seasonal in nature; and, any group of individuals who are
in a group living arrangement because of criminal offenses. The definition of Family may
include licensed group care facilities or family homes as may be otherwise permitted.

61.

Family home: A community-based residential home which is licensed as a residential care
facility under Chapter 135C of the Code of Iowa or as a child foster care facility under Chapter
237 of the Code of Iowa, to provide room and board, personal care, habilitation services, and
supervision in a family environment exclusively for not more than eight persons with a
developmental disability or brain injury and any necessary support personnel. However,
family home does not mean an individual foster care family home licensed under Chapter 237.
In accordance with the Code of Iowa, family homes owned and operated by public or private
agencies shall be dispersed throughout the residential zones and districts and shall not be
located within contiguous city block areas.

62.

Farming: Defined as the raising and harvesting of tree crops, row crops, or field crops on an
agricultural or commercial basis, including incidental packing and processing.

63.

Farm Support Housing: The occupancy of any living accommodations by one (1) agricultural
employee and their family, without regard to duration, which occurs exclusively in association
with the performance of agricultural labor, on the same property as the support housing.

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64.

Fireworks retail sales facility: A retail sales facility for the sale of first-class consumer fireworks
as defined in Code of Iowa Section 100.19(1)(c) and/or second-class consumer fireworks as
defined in Code of Iowa Section 100.19(1)(e).

65.

Fitness center: An establishment providing physical fitness facilities and services to the public
for a fee, including but not limited to; game courts, exercise equipment, exercise areas,
running tracks, swimming pools, physical fitness maintenance and weight control services and
instructors, locker rooms, saunas and associated retail shop intended for members of club
only, and occupying a space of 10,000 square feet or more.

66.

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

67.

Flood elevation: The elevation floodwaters reached at a particular site during the occurrence
of a specific flood. For instance, the 100-year flood elevation is the elevation of floodwaters
related to the occurrence of the 100-year flood.

68.

Flood Insurance Rate Map (FIRM): The official map prepared by the Federal Insurance
Administration 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.

69.

Flood Insurance Study: A study initiated, funded, and published by the Federal Insurance
Administration for the purpose of evaluating in detail the existence and severity of flood
hazards and providing the City with the necessary information for adopting a flood plain
management program and establishing actuarial flood insurance rates.

70.

Flood plain: A land area susceptible to being inundated by water as a result of a flood.

71.

Flood plain management: An overall program of corrective and preventive measures for
reducing flood damages and promoting the wise use of flood plains, including but not limited
to emergency preparedness plans, flood control works, flood proofing and flood plain
management regulations.

72.

Flood proofing: Any combination of structural and nonstructural additions, changes, or
adjustments to structures, including utility and sanitary facilities, which will reduce or
eliminate flood damage to such structures.

73.

Floodway: The channel of a river stream or other watercourse and those portions of the flood
plain adjoining the channel, which are required to carry and discharge floodwaters or flood
flows so that confinement of flood flows to the floodway area will not result in substantially
higher flood levels or flow velocities.

74.

Floodway Fringe: Those portions of the flood plain, other than the floodway, which can be
filled, leveed, or otherwise obstructed without causing substantially higher flood levels or
flood velocities.

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75.

Floor area: (See Sec 407 UBC as adopted.)

76.

Funeral home: A building or part thereof used for human funeral services. Such building may
contain space and facilities for: (i) embalming and the performance of other services used in
preparation of the dead for burial; (ii) the performance of autopsies and other surgical
procedures; (iii) the storage of caskets, urns, and other related funeral supplies; (iv) the storage
of funeral vehicles; and (v) facilities for cremation. Where a funeral home is permitted, a
funeral chapel shall also be permitted.

77.

Garage, private: A detached, accessory building for the private use of the owner or occupant
of a principal building situated on the same lot of the principal building specifically designed
for the storage of motor vehicles, with no facilities for mechanical service or repair of a
commercial or public nature, and to which there is legal vehicular access from a public rightof-way.

78.

Gas station or service station: Any building or premises used for the retail sale of liquefied
petroleum products for the propulsion of motor vehicles, and including such products as
kerosene, fuel oil, packaged naphtha, lubricants, tires, batteries, antifreeze, motor vehicle
accessories, and other items customarily associated with the sale of such products; for the
rendering of services and making of adjustments and replacements to motor vehicles, and the
washing, waxing and polishing of motor vehicles, as incidental to other services rendered; and
the making of repairs to motor vehicles except those of a major type. Repairs of a major type
are defined to be spray painting, body, fender, clutch, transmission, differential, axle, spring,
and frame repairs; major overhauling of engines requiring the removal of engine cylinder
head or crankcase pan; repairs to radiators requiring the removal thereof; or complete
recapping or retreading of tires.

79.

Golf car: A small self-propelled vehicle designed to carry golfers and their golf equipment
around a golf course (sometimes erroneously referred to as a 'golf cart').

80.

Group care facility: (See “Family home.”)

81.

Health club: An establishment providing physical fitness facilities and services to the public for
a fee, including but not limited to; game courts, exercise equipment, exercise areas, running
tracks, swimming pools, physical fitness maintenance and weight control services and
instructors, locker rooms, saunas and associated retail shop intended for members of club
only, and occupying a space less than 10,000 square feet.

82.

Home occupation: A business, profession, occupation or trade conducted for gain or support
as an accessory use entirely within a dwelling, or a structure, which is incidental and secondary
to the use of such building for dwelling purposes and which does not change the essential
residential character of such building and complies with all city code requirements. (See
Chapter 165.05, Section 5-D, Home Occupations, for regulations.)

83.

Home owner’s or property owner’s association: A formally constituted non-profit association
or corporation made up of the property owners and/or residents of a definitive area, who

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collectively may take permanent responsibility for costs and upkeep of commonly owned or
designated community property.
84.

Hookah Lounge: An establishment where patrons are provided shisha (flavored tobacco) in a
hookah or nargile water smoking pipe or where customers use an electronic smoking or other
apparatus to deliver an inhaled dose of nicotine or other substance within the establishment.
These establishments may also be known or referred to as an E-Hookah Lounge or Bar.

85.

Hotel or motel: A building containing guest rooms in which lodging is provided and offered to
the public on a temporary basis for compensation, and which is open to transient guests, in
contrast to a bed and breakfast inn, boarding house, or rooming house. For establishments
to be considered a hotel or motel, versus an extended stay hotel, apartment hotel, or
apartment house or building, all rooms must be available for rent for as little as one (1) night
and no more than 30 days, no rental contract or similar agreement is involved, and the
establishment must be licensed as a hotel and collect and pay hotel/motel tax on all guest
rooms and guest stays.

86.

Hotel, extended stay or apartment hotel: A building containing furnished bedrooms with or
without cooking facilities in which lodging is provided and offered to the public on a weekly or
month basis for compensation.

87.

Junk yard: Any area where waste, discarded or salvaged materials are bought, sold,
exchanged, baled or packed, disassembled, kept, stored or handled, including 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, and not including automobile,
tractor or machinery wrecking and used parts yards, and the processing of used, discarded or
salvaged materials as part of manufacturing operations. No disassembled vehicle will be
allowed to be stored or kept in any location in the City other than a junk yard.

88.

Kennel: Any establishment where dogs, cats, or other similar animals or pets are boarded for
compensation or are bred or raised for commercial purposes or sale.

89.

Landscape: The design and development of land for human use and enjoyment. It is
concerned with the beauty of natural surroundings as well as practical ways to use land and
the objects on it.

90.

Laundry, self-service: A business that provides home-type washing, drying and/or ironing
machines for hire to be used by customers on the premises.

91.

Livestock: Animals kept or raised for use or pleasure, including cattle, horses, sheep, goats,
swine, and similar hoofed animals.

92.

Liquor Store: A retail shop or establishment that primarily sells prepackaged alcoholic
beverages, including wine, beer, and alcoholic liquors, intended to be consumed off the store’s
premises, and where 50% or more of total gross sales are derived from the sale of alcohol and
tobacco.

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93.

Lot: For the purpose of the Zoning Regulations, a parcel of land of at least sufficient size to
meet minimum zoning requirements for use, coverage and area and to provide such yards
and other open space as are herein required. Such lot shall have a frontage on a public street
unless it is part of a townhouse complex, and may consist of: (i) a single lot of record; (ii) a
portion of a lot of record; (iii) a combination of complete lots of record; of complete lots of
record and portion of lots of record; or of portions of lots of record; and (iv) a parcel of land
described by metes and bounds; provided that in no case of division or combination shall any
residual lot or parcel be created which does not meet the requirements of the Zoning
Regulations.

94.

Lot line: A line dividing one lot from another lot or from a street or alley.
A. Common lot line – A side lot line that is shared between attached structures.
B. Front lot line - The line which adjoins a public street or private street.
C. Rear lot line - The boundary which is opposite and most distant from the front lot line. In
the case of a corner lot, the rear lot line is opposite the front lot line of least dimension. In
case of an interior triangular or gore-shaped lot, it means a straight line ten-feet in length
which (in paragraph form) is parallel to the front lot line or its cord and intersects the two
other lot lines at points most distant from the front lot line.
D. Side lot line - Any lot line not a front lot line or a rear lot line.
E. Street side lot line of a corner lot – For a corner lot, the street frontage that is the longest
is typically the street side lot line and is perpendicular to the rear lot line.
F.

Depth - The mean horizontal distance between the front and rear lot lines as measured
perpendicular to the midpoint of the mean front lot line. In the case of an interior
triangular or gore-shaped lot, the depth is the horizontal distance between the midpoints
at the front lot line and rear lot lines.

G. Width - The horizontal distance between the side lot lines as measured perpendicular to
the line comprising the lot depth at its point of intersection with the required minimum
front yard setback.
95.

Lot of record: A lot which is part of a subdivision recorded in the Office of the County Recorder
or a lot or parcel described by metes and bounds, the description of which has been so
recorded. For purposes of the Zoning Regulations, an existing contract of purchase at the
time of the effective date of the Zoning Regulations also constitutes a lot of record.

96.

Lot types: As follows:
A. Corner lot - A lot located at the intersection of two or more streets and having the street
right-of-way abut the front lot lines of the lot.

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B. Double frontage or through lot - A lot, other than a corner lot, with frontage on more than
one street or public thoroughfare which do not intersect one another.
C. Interior lot - A lot, other than a corner lot, having frontage on but one street or public
thoroughfare.
D. Outlot – An unbuildable lot designated on a subdivision plat and intended for future
replatting into a buildable lot or lots or intended to be held and owned by a home owner’s
association, property owner’s association, or similar private consortium as common
space, open space, area for stormwater facilities, shared parking, or similarly shared site
improvements or elements.
E. Postage-stamp lot – A small lot typically contained within an owner’s association held
common lot or outlot and intended to define the immediate area surrounding the
perimeter of an individual townhouse or rowhouse unit or commercial building for
ownership purposes. Postage-stamp lots are generally designed to be established no
closer than 5-feet from any foundation or building wall, excluding shared walls located
along a common lot line. Postage-stamp lots may or may not have public street frontage
but shall at a minimum have access to public streets and public utilities via the
surrounding outlot.
97.

Low-speed vehicle: A four-wheeled motor vehicle that has a gross vehicle weight rating of less
than 3,000 pounds and a top speed of 25 miles per hour (mph) that allows them to travel on
public roads.

98.

Manufactured home: A factory-built, single-family structure not less than 40 feet wide, which
is manufactured or constructed under the authority of 42 U.S.C. Sec. 5403, Federal
Manufactured Home Construction and Safety Standards, and is to be used as a place for human
habitation, but which is not constructed with a permanent hitch or other device allowing it to
be moved other than for the purpose of moving to a permanent site, and which does not have
any permanently attached wheels or axles to its body or frame. A mobile home is not a
manufactured home unless it has been converted to real property and is taxed as a site-built
dwelling. For the purposes of these regulations, a manufactured home shall be considered
the same as any site-built single-family detached dwelling.

99.

Manufactured home park: Any site, lot, field or tract of land upon which two or more
manufactured homes are placed on developed spaces and operated as a for-profit enterprise
with water, sewer or septic, and electrical services available – also referred to as a
“manufactured home community.” The manufactured home park or manufactured home
community shall meet the requirements of any zoning regulations that are in effect.

100.

Massage: Any method of treating the external parts of the human body by rubbing, stroking,
kneading, tapping or vibrating with the hand, other parts of the body, or any instrument, for
any form of consideration of gratuity.

101.

Massage therapy establishment: Any establishment having a fixed place of business wherein
any of the treatments, techniques, or methods of treatment referred to as “massage therapy”

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are administered, practiced, used, given, advertised or applied by persons licensed by the
State of Iowa under the provisions of Chapter 152C of the Code of Iowa, when performing
massage services as part of the profession for which licensed.
102.

Medical cannabidiol: Means any pharmaceutical grade cannabinoid found in the plant
Cannabis sativa L. or Cannabis indica or any other preparation thereof that has a
tetrahydrocannabinol level of no more than three percent and that is delivered in a form
recommended by the State of Iowa Medical Cannabidiol Board, approved by the State of Iowa
Board of Medicine, and adopted by the State of Iowa Department of Public Health.

103.

Medical cannabidiol dispensary: Means a business that dispenses medical cannabidiol that is
licensed by the State of Iowa and operating in compliance with all State of Iowa laws and
regulations required for a medical cannabidiol dispensary.

104.

Medical cannabidiol manufacturer: Means a manufacturer of medical cannabidiol that is
licensed by the State of Iowa and operating in compliance with all State of Iowa laws and
regulations required for a medical cannabidiol manufacturer.

105.

Mini-storage or self-storage: A building or group of buildings, containing varying sizes of
individualized, compartmentalized, and controlled stalls or lockers for the dead storage of
customers’ goods or wares, excluding junk, explosive, or flammable materials, and other
noxious or dangerous materials. No business activities other than rental of storage units shall
be conducted on the premises.

106.

Mini-warehouse or self-storage facility: (See “Mini-storage or self-storage.”)

107.

Mixed-use building: A multi-story commercial building that includes office and/or retail uses
on the first floor or lower levels of the building and multiple family dwellings above the first
floor or on the upper levels of the building.

108.

Mobile home: Factory-built housing without motive power and built on a chassis for
conveyance upon highways or public streets, or waterways; so designed and so constructed
as to permit occupancy thereof as a place of human habitation for one or more persons. A
mobile home shall not be construed to be a travel trailer or other form of recreational
vehicle. A mobile home shall remain a mobile home, subject to all regulations applying
thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed
and regardless of the nature of the foundation provided, if such mobile home has not been
converted to property tax assessable real estate in accordance with Chapter 435.26 of the
Code of Iowa. Nothing in the Zoning Regulations shall be construed as permitting a mobile
home in other than an approved mobile home park.

109.

Mobile home park: Any lot or portion of lot upon which one or more mobile homes, modular
homes, or trailers occupied for dwelling or sleeping purposes are located regardless of
whether or not a charge is made for such accommodations.

110.

Mobile home subdivision: A subdivision created for the purpose of, and restricted to the sale
or lease of individual lots for occupancy by independent mobile homes or mobile homes

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converted to real estate and having public streets, utilities and other public facilities
installations approved by the City Council in accordance with the subdivision regulations of
the City of Indianola, Iowa.
111.

Mobile home space: A plot of ground within a mobile home park designated for the
accommodation of one mobile home.

112.

Multi-family residential: (See “Dwelling, multiple-family.”)

113.

Nonconforming structure: A structure or building the size, dimensions or location of which
was lawful prior to the adoption, revision or amendment to the Zoning Regulations, but which
fails by reason of such adoption, revision or amendment, to conform to the present
requirements of the zoning district.

114.

Nonconforming use: A use or activity which was lawful prior to the adoption, revision or
amendment of the Zoning Regulations, but which fails, by reason of such adoption, revision
or amendment, to conform to the present requirements of the zoning district.

115.

Nursing or convalescent home: A building or structure having accommodations and where
care is provided for invalid, infirm, aged, convalescent, or physically disabled, or injured
persons; not including mentally insane, mental deficiency or deterioration, inebriate, or
contagious cases.

116.

Office: A room or group of rooms used for conducting the affairs of a business, profession,
service, industry, or government.

117.

Off-street parking area: Any area containing parking spaces, driveways or access drives
devoted to the parking of motor vehicles whether free or for compensation.

118.

Open space: An area that is intended to provide light and air, and is designed for either
environmental, scenic, or recreational purposes. Open space may include, but is not limited
to, lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds,
fountains, swimming pools, wooded areas, and water courses. Open space shall not be
deemed to include buildings, driveways, parking lots, display areas for retail sales of
merchandise, loading areas, outdoor storage areas, or other surfaces designed or intended
for vehicular travel.

119.

Park: Any public or private land reserved for active and passive recreation, to include such
facilities as playgrounds, swimming pools, tennis courts, trails, shelters, and other similar uses
associated with a designed recreation area. The term park is not intended to include private
or public amusement parks, permanent carnivals, or similar type activities.

120.

Parking space: A permanently surfaced area plus necessary maneuvering space for the
parking of a motor vehicle as defined in Chapter 169 of the Zoning Code. Space for
maneuvering, incidental to parking or unpacking, shall not encroach upon any public right-ofway.

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121.

Paving, HMA: A surface paved with hot mix asphalt (HMA) that is of an appropriate thickness
and includes an appropriate pavement base as required by the City design standards or as
otherwise is prudent to provide a durable, lasting, and save paved surface for use by
automotive vehicles, trucks, delivery vehicle, emergency service vehicles, pedestrians, and
bicycles.

122.

Paving, PCC: A surface paved with Portland cement concrete (PCC) that is of an appropriate
thickness and includes an appropriate pavement base and internal reinforcement as required
by the City design standards or as otherwise is prudent to provide a durable, lasting, and save
paved surface for use by automotive vehicles, trucks, delivery vehicle, emergency service
vehicles, pedestrians, and bicycles.

123.

Pawnshop: An establishment wherein the business of a pawnbroker is conducted. A
pawnbroker shall be any person who lends or advances money or other things for profit on
the pledge and possession of personal property, or other valuable things, other than securities
or written or printed evidences of indebtedness; or, who deals in the purchasing of personal
property or other valuable things on condition of selling the same back to the seller at a
stipulated price. A pawnshop shall not be deemed a retail sales establishment except for the
purposes of determining off-street parking.

124.

Pet store or pet shop: A store at which one can purchase supplies for pets.

125.

Phase: An area of the Master Plan that is not less than five (5) acres.

126.

Place of business: Any vehicle, building, structure, yard, area, lot, premises, or part thereof, or
any other place in which or on which one or more persons engage in a gainful occupation.

127.

Planned Unit Development (PUD): Any development in which the proposed land uses,
transportation elements, building densities, arrangements and types are set out in a unified
plan. A PUD may consist of mixed residential, commercial, limited industrial and public land
uses.

128.

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

129.

Principal building: A building in which the principal use of the lot on which the building is
located is conducted.

130.

Principal use: The main use of land or structures as distinguished from an accessory use.

131.

Print shop: A retail establishment that provides duplicating services using photocopy,
blueprint, and offset printing equipment, including collating of booklets and reports.

132.

Recreation vehicle (RV): A vehicle which is: (i) built on a single chassis; (ii) 400 square feet or
less when measured at the largest horizontal projection; (iii) designed to be self-propelled or
permanently towable by a light duty vehicle; and (iv) designed primarily not for use as a

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permanent dwelling but as temporary living quarters or recreational, camping, travel, or
seasonal use.
133.

Residential Animal Raising: The keeping of animals on a non-commercial, non-profit basis.
Restrictions on this type of use include no more than three (3) large animals per acre (e.g.
horses, sheep and cattle, etc.); no more than twenty-five (25) small fowl or animals per acre
(e.g. chickens, rabbits, ducks, ferrets, etc.); and no more than ten (10) large fowl per acre (e.g.
turkeys, geese, peacocks, etc.).

134.

Restaurant: an establishment that prepares and serves food and beverages to persons for
immediate consumption. Any establishment with 50% or more of total gross sales in alcoholic
beverages shall be defined as and considered a bar and not a restaurant.
A. Dine-in restaurant - A restaurant where the patron consumes foods and beverages while
seated at tables or counters located on the premises.
B. Drive-in restaurant - A restaurant that delivers prepared food and/or beverages to patrons
in motor vehicles, regardless of whether or not it also serves prepared food and/or
beverages to customers who are not in motor vehicles, for consumption on or off the
premises. This definition includes coffee shops, ice cream parlors, and any other business
that serves food or drinks to patrons in a motor vehicle.
C. Carry-out restaurant - A restaurant which prepares food and/or beverages which are
packaged and delivered to the patrons or are picked up at the establishment by the
customer; there is no consumption of food or beverages on the premises by patrons.

135.

Right-of-way: A strip of land occupied or intended to be occupied by a street, walkway,
drainageway, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or
storm sewer, trail, or other public use.

136.

Satellite dish antenna: A device incorporating a reflective surface that is solid, open mesh, or
bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device
shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially
and/or orbitally based uses. This definition is meant to include but not be limited to what are
commonly referred to as satellite earth stations, TVROs (television reception only satellite dish
antennas), and satellite microwave antennas.

137.

Screening: The method by which a view of one site from another adjacent site is shielded,
concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other
features. (Also see “buffer.”)

138.

Short-Term Rental: Any dwelling that is leased or rented for a period of less than 31-days.
This definition includes any dwelling leased or rented through an online marketplace such as
Airbnb. This definition does not include Bed and Breakfast Inns, Boarding or Rooming Houses,
and Extended Stay Hotels or Apartment Hotels.

139.

Sign: (See Signage, Chapter 165.10, for sign definitions.)

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140.

Single Family Attached Residential (See “Dwelling, row,” “Dwelling, single-family, semidetached,” Dwelling, townhouse,” and “Dwelling, two-family.”)

141.

Single Family Detached Residential (See “Dwelling, single-family.”)

142.

Site improvements: Includes all improvements to a site plan in addition to proposed buildings,
and including but not limited to utilities, storm water management, parking, loading areas,
landscaping, buffers, and freestanding signs.

143.

Site plan: A plan, prepared to scale, showing accurately and with complete dimensions, the
boundaries of a site and the location of all buildings, structures, uses, and principal site
development features proposed for a specific parcel of land. (For detailed requirements of a
site plan see Chapter 166.)

144.

Smoking Lounge: An establishment where patrons can purchase and consume tobacco
products on site or where customers use an electronic smoking or other apparatus to deliver
an inhaled dose of nicotine or other substance within the establishment. These
establishments may also be known or referred to as an E-Cigarette, Vape, or Vapor Lounge or
Bar.

145.

Start of construction: Occurs when footings or structural support columns are installed or
constructed. For a “factory-built home,” actual start will occur when it is placed on a site or
foundation is constructed.

146.

Story: That portion of a building included between the upper surface of any floor and the
upper surface of the floor next above, except that the topmost story shall be that portion of a
building included between the upper surface of the topmost floor and the ceiling or roof
above. If the finished floor level directly above a basement is more than five (5) feet above
grade, such basement shall be considered a story.

147.

Street line: The right-of-way line of a street.

148.

Street, public: Any thoroughfare or public way not less than twenty-six (26) feet in width, which
has been dedicated to the public or deeded to the City for street purposes; and also any such
public way as may be created after enactment of the Zoning Regulations, provided it is fifty
(50) feet or more in width.

149.

Structural alterations: Any replacement or changes in the type of construction or in the
supporting members of a building, such as bearing walls or partitions, columns, beams or
girders, beyond ordinary repairs and maintenance.

150.

Structure: Anything constructed or erected with a fixed location on the ground, or attached to
something having a fixed location on the ground. Among other things, structures include
buildings, antenna, mobile homes, billboards, poster panels, factories, sheds, cabins, factorybuilt homes, satellite dish antenna, storage tanks, towers, and other similar uses.

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151.

Subdivision: A division of a lot, tract, or parcel of land into two (2) or more lots, building plots
or sites, or other subdivisions of land for the purpose, whether immediate or future, of sale,
transfer for building development, right-of-way dedication, or other use; provided, however,
this definition of a subdivision does not include divisions of land into forty (40) acres or more
in size parcels of land for agricultural purposes.

152.

Substantial damage: Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damage condition would equal or exceed fifty percent
(50%) of the market value of the structure before the damage occurred.

153.

Substantial improvement: Any reconstruction, rehabilitation, additions, or other improvement
of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of
the structure before the “start of construction” of the improvement. This includes structures
which have incurred “substantial damage” regardless of the actual repair work
performed. The term does not, however, include either: (i) 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 officer and which are
the minimum necessary to assure safe living conditions; or (ii) any alteration that will not
preclude the structure’s continued designation as a “historic structure.”

154.

Supervised group residence: A residential facility, occupied by three or more persons under
the supervision of one or more persons who are unrelated to the persons being supervised
by blood, marriage or adoption, wherein the individuals supervised have mental, social or
substance-abuse problems which hinder their functioning in society and require the
protection and supervision of a group environment to facilitate their becoming functional
members of society; provided, family homes, elder group homes, hospitals, and nursing or
convalescent homes are not included within this definition.

155.

Tavern: (See “Bar.”)

156.

Tattoo Studio: Any establishment in which tattooing is carried out professionally and may or
may not include ear and body piercing. (See “Body Piercing Studio.”)

157.

Tiny Home: A single-family detached residential dwelling that is not less than the minimum sq.
ft. in total livable floor area as required by the City’s adopted building code regulations. The
dwellings are either constructed on site (site-built) or modular (factory-built) and set on a
permanent masonry foundation. This definition does not include manufactured homes.

158.

Tobacco Store: A retail shop or establishment primarily engaged in the sale of tobacco and
tobacco related products, including nicotine products and supplies such as electronic
cigarettes and other devices capable of providing an inhalable dose of nicotine, for off premise
consumption and where 50% or more of total gross sales are derived from the sale of tobacco
and nicotine products or a combination of tobacco products and alcohol. These
establishments may also be known or referred to as an E-Cigarette, E-Hookah, Vape or Vapor
Store or Shop.

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159.

Townhouse: A dwelling unit which is attached horizontally and not vertically to one or more
other dwelling units, wherein the land or lot beneath each dwelling is individually owned by
the owner of the dwelling. A townhouse subdivision shall have common elements which are
specified in or determined under the rules and regulations set forth by recorded
covenants. Covenants for a townhouse subdivision shall establish the guidelines for
maintenance of common elements and permit free movement through common areas by
members of the homeowner’s association (council of co-owners) to assure access to the
structural exterior of each townhouse unit by the individual unit owner.

160.

Trail: A walkway or bikeway designated with a surfaced pathway for travel by means other
than by motorized vehicles.

161.

Trailer park: (See “Mobile home park.”)

162.

Truck stop: A service station which is designed principally for the servicing and temporary
parking of trucks.

163.

Variance: A modification of the specific regulations of the Zoning Regulations granted by
resolution of the Board of Adjustment in accordance with the terms of the Zoning Regulations
for the purpose of assuring that no property, because of special circumstances and hardships
applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the
same vicinity and zoning district.

164.

Variety store: Any store, whether independently operated or part of a larger entity, which
markets consumer goods to the general public and occupies a space less than 10,000 square
feet.

165.

Video store: Any establishment whose primary business is the rental or sale of commercial
films or videos.

166.

Warehouse: A building used primarily for the storage of goods and materials.

167.

Yard: An open space on the same lot with a building or structure unoccupied and
unobstructed by any portion of a structure from thirty (30) inches above the general ground
level of the graded lot upward; provided however, fences, walls, signs, poles, posts, and other
customary yard accessories, ornaments, and furniture more than thirty (30) inches in height
may be permitted in any yard subject to requirements limiting obstruction of visibility and
other provisions of the Zoning Regulations.
A. Yard, front - A yard extending across the full width of the lot and measured between the
front lot line and the building or any projection thereof.
B. Yard, rear - A yard extending across the full width of the lot and measured between the
rear lot line and the building.

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C. Yard, side - A yard extending from the front yard to the rear yard and measured between
the side lot lines and the building line. For corner lots, the side yard shall be considered
as parallel to the street upon with the lot has it greatest dimension.
168.

Zero lot line: The location of a building on a lot in such a manner that one or more of the
building’s sides rest directly on a lot line.

169.

Zoning Administrator: (See Chapter 166 for definition.)

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CHAPTER 165
ZONING REGULATIONS
SECTION 165.04 GENERAL PROVISIONS
1.

2.

3.

GENERAL PROVISIONS

4.

FENCES AND WALLS FENCES AND WALLS

A.

Interpretation of District Boundaries

A.

Residential Districts

B.

Zoning Districts Dividing Property

B.

Industrial and Commercial Districts

C.

Future Annexation of Territory

C.

Decorative Features

D.

Street Frontage Required

D.

Swimming Pool Enclosures

E.

Visibility at Intersections

E.

Fences Frames

F.

Lot and Yard Regulations

F.

Retaining Walls

G.

Height Regulation Exception

G.

Materials and Maintenance

H.

Use of Public Right-Of-Way

H.

Measuring Fence or Wall Height

ACCESSORY BUILDINGS AND STRUCTURES

I.

Overland Flowage Easements

A.

Intent

J.

Exceptions to Fence Requirements

B.

General Provisions

C.

Applicability

A.

Nonconforming Uses

D.

Location and Setbacks

B.

Nonconforming Lots of Record

E.

Area and Height Limit

C.

Nonconforming Uses of Land

F.

Building Design

D.

Nonconforming Structures

G.

Exempt Structures

E.

Nonconforming Uses of Structures

F.

Repairs and Maintenance

ANTENNAS, SATELLITE DISH ANTENNAS, AND
TOWERS (NOT INCLUDING WIRELESS
TELECOMMUNICATIONS FACILITIES)

5.

NONCONFORMITIES

1. GENERAL PROVISIONS
A. Interpretation of District Boundaries. Where uncertainty exists as to the boundaries of
districts as shown on 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 approximately following township lines or section lines shall be
construed as following township lines or section lines.

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(4) Boundaries indicated as following railroad lines shall be construed to be midway between
the main tracks.
(5) Boundaries indicated as following shorelines shall be construed to follow such shorelines
and in the event of change in the shoreline, shall be construed as moving with the actual
shoreline; boundaries indicated as approximately following the centerlines of streams 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) above 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 Zoning Administrator shall interpret the district boundaries.
B. Zoning Districts Dividing Property. Where one lot or parcel is divided into two (2) or more
portions by reason of different zoning district classifications, each of these portions shall be
used independently of the other in its respective zoning classification and for the purpose of
applying the regulations of the Zoning Ordinance, each portion shall be considered as if in
separate and different ownership.
C. Future Annexation of Territory. All territory which may hereafter be annexed to the City
shall be considered as lying in the A-1 Zoning District until such classification shall have been
changed by amendment in accordance with the provisions of the Zoning Regulations.
D. Street Frontage Required. Except as may permitted elsewhere within the Zoning Regulations
and Subdivision Regulations, no lot shall contain any building used in whole or in part for
residential purposes unless such lot abuts at least twenty (20) feet on at least one public street,
or unless it has an exclusive unobstructed private street easement of access or right-of-way
of at least twenty (20) feet wide to a public street; and there shall be not more than one singlefamily dwelling for such frontage or easement, except that a common easement of access at
least fifty (50) feet wide shall be provided for two (2) or more such single-family dwellings, or
for one or more two-family or multi-family dwellings.
E. Visibility at Intersection. On a corner lot in any district, except the Downtown Mixed Use
Zoning District (C-3), no fence, wall, hedge, or other planting or structure that will obstruct
vision between a height of two (2) feet and ten (10) feet above the centerline grades of
the intersecting streets shall be erected, placed or maintained within the triangular area
formed by connecting the right-of-way lines at points which are twenty-five (25) feet
distant from the intersection of the right-of-way lines, and measured along the right-ofway lines. For purposes of this section, a split rail fence, chain link fence, or any other
fence which consists of vision blocking material over twenty-five percent (25%) or less of
its total surface area is not considered as obstructing vision.

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F. Lot and Yard Regulations
(1) Corner Lots. For corner lots, the front yard regulation shall apply to each street side of the
corner lot. The Zoning Administrator shall designate the rear yard of a lot which shall
generally be that portion of yard opposite the narrow street side.
(2) Through Lots. The Zoning Administrator shall designate the front yard of a through lot
(also known as a double frontage lot) which shall generally be the yard adjacent to the
local street or lower street hierarchy classification designation. The front yard regulations
shall apply to each street side of a through lot.
(3) Postage-Stamp Lot. Structures built within a postage-stamp lot shall be setback no less
five (5) feet from all lot lines, excluding shared walls located along a common lot line, and
shall otherwise meet all other building setback requirements for the zoning district in
which it is located. Postage-stamp lots may or may not have public street frontage but
shall at a minimum have access to public streets and public utilities via an adjoining outlot
or association held parcel.
(4) Front Yard. In all residential districts, there shall be a minimum front yard required as
stated in the yard requirement of that particular district.
(5) Required Yard Cannot Be Reduced. No yard or lot existing at the time of passage of the
Zoning Ordinance shall be reduced in dimension or area below the minimum required by
the Zoning Ordinance. No part of a yard, open space, off-street parking or loading space
provided about any building or structure shall be included as part of a yard, open space,
off-street parking or loading space required for another building, structure, or use.
(6) Projecting Overhang or Structure. The ordinary horizontal projection from buildings
including eaves, sills, fascia, parapets, cornices, bay windows, or other similar architectural
features, except for gutters and downspouts, may not project or extend more than three
(3) feet into a required yard, provided no part of a building is closer than 5 ft to a lot line.
(7) Yard Encroachments.
a. Carports, cantilevered projections, chimneys, accessory buildings, and structures may
not project into any required yard.
b. Air conditioning units, heat pumps, or other such similar devices may encroach into
the required side yard.
c.

Steps providing access to the ground level of a dwelling may encroach no more
than three (3) feet into any required side yard.

d. Front stoops, stairs, open decks and unenclosed porches may encroach up to 6 ft
into the required front yard setback.

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e. Stoops, stairs, and open decks, not enclosed or covered by a roof, may encroach
up to 20 ft into the required rear setback.
f.

Uncovered patios, brick or stone pavers, concrete slab structures, or other paved
surfaces constructed on the ground, or less than 12 inches above the average
grade of the ground, shall be allowed to be constructed within the required front,
side, or rear yards, except that no such patio or paved area shall encroach closer
than two (2) feet of the property line nor extend more than ten feet (10’) beyond
either side of a driveway.

G. 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.
H. Use of Public Right-of-Way. No portion of the public road, street or alley right-of-way shall
be used or occupied by an abutting use of land or structure 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. Provided, however,
tables, chairs and displays associated with the adjoining business shall be allowed in the C-3
zoning (Downtown Mixed-Use Zoning District) subject to the following:
(1) Permitted on all sidewalks provided there remains a free walking path with a minimum
walking surface of five (5) feet in width.
(2) Allowed during business hours only, unless specifically authorized by the City of Indianola
as part of an approved sidewalk agreement.
(3) Provide proof of public liability insurance for such sign in the amount of $100,000.00.
2. ACCESSORY BUILDINGS AND STRUCTURES
A. Intent. Principal uses specified as permitted uses or special uses for a district shall be deemed
to include accessory buildings and uses that are necessary and customarily associated with
and are appropriate, incidental, and subordinate to such principal or special exception uses.
These accessory buildings and structures include: free standing garages for automobiles,
trash enclosures, sheds, play structures, gazebos, free-standing patios, pergolas, trellises,
underground shelters, and above-ground and in-ground pools and hot-tubs. It is the intent
of these standards herein this section to establish the basic regulations for accessory buildings
and structures.
B. General Provisions. No accessory structure shall be constructed upon a lot until the
construction of the main or principal building has been commenced, and no accessory
structure shall be used if the main or principal building has been unused for a period of six (6)
months or longer. Accessory buildings shall not be used for dwelling purposes, except for
approved accessory dwellings as defined in this chapter.

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C. Applicability. The following regulations shall apply to all accessory buildings and structures
for agricultural uses, single-family dwellings, two-family dwellings, townhouse or row
dwellings, and manufactured home parks. Accessory buildings and structures for all other
uses shall comply with the regulations and standards as established for principal structures.
D. Location and Setbacks. The following location and setback requirements shall apply to all
accessory buildings and structures:
(1) Accessory buildings and structures shall only be erected to the rear of any principal
building. No accessory structure shall be located between any principal building and any
street. A detached, private garage may be constructed along the side of a principal
building provided that said garage is no closer than ten (10) feet from the principal building
and does not extend past the front face of the principal building.
(2) Accessory buildings and structures shall not be erected within any required buffer or
easement.
(3) When located upon a corner lot, the front yard regulation shall apply to each street
frontage and no accessory building or structure shall be located within either of these
front yards.
(4) When located on a double frontage or through lot, the Zoning Administrator shall
determine which street frontage serves as the rear yard, which shall generally be the street
frontage adjacent to the street with the higher street hierarchy classification and for which
no driveway access is provided.
(5) No accessory building or structure shall be located closer than ten (10) feet from the street
right-of-way line of the street located along the designated rear yard as determined by the
Zoning Administrator, except that when any vehicle entrance to an accessory building
faces the street, said accessory building shall be setback at least twenty (20) feet from the
alley line.
(6) Accessory buildings and structures shall maintain a minimum distance of five (5) feet from
any lot lines, alley lines and any adjoining lots, except that when any vehicle entrance to
an accessory building faces the alley, said accessory building shall be setback at least
twenty (20) feet from the alley line.
(7) Accessory buildings and structures shall maintain a minimum distance of ten (10) feet
from any principal structure. Otherwise, said accessory building or structure must meet
the setback standards required of the principal structure.
(8) All setbacks and building separations shall be measured from the closest building wall
face. Horizontal projection including roof-overhangs may not extend into any required
setback.

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E. Area and Height Limit.
(1) Accessory buildings and structures shall be limited to a maximum of two (2) total
buildings, including a garage, of which all total accessory buildings shall not occupy
more than ten (10) percent of the total lot area nor exceed a total square footage of
1,800 square feet. However, this regulation shall not prohibit the construction of at
least one garage not to exceed six hundred (600) square feet gross building area and
at least one accessory storage building not to exceed one hundred twenty (120)
square feet gross building area.
(2) Accessory buildings and structures shall not be taller nor encompass more floor area
than the principal structure that is located on the same and shall in no case more than
one and one-half (1.5) stories in height and shall not exceed a height of 24-feet.
F. Building Design. Accessory buildings shall match the architectural style and design of the
principal structure. The exterior building materials (siding and roofing materials) shall also be
similar and of identical quality as that found on the principal structure.
G. Exempt Structures. Accessory structures of eighty (80) square feet or less, no taller than
twelve (12) feet, and of a movable design, plus ground mounted play structures no taller than
ten (10) feet with a footprint of no more than 400 square feet, shall be exempt from permit
requirements. These structures must conform to all setback requirements. The square
footage of these structures shall be included in the maximum cumulative area requirements
of this Chapter.
3. ANTENNAS, SATELLITE DISH ANTENNAS, AND TOWERS (NOT INCLUDING WIRELESS
TELECOMMUNICATIONS FACILITIES).
The following standards shall apply to all antennas, satellite dish antennas, and towers that are
not part of a wireless telecommunications facility:
A. Freestanding antennas, satellite dish antennas, and towers uses shall comply with the height
restrictions and setback requirements for accessory buildings and structures.
B. Antennas, satellite dish antennas, and towers attached to a principal building or structure shall
comply with the height restrictions and setback required of that principal building or structure
for the zoning district in which it is located.
C. No satellite dish antenna, radio or TV antenna, or related tower use shall be permitted within
any front or side yard or attached to the front wall or face of any building or structure, unless
the property owner can adequately demonstrate to the satisfaction of the Zoning
Administrator that it is not physically possible to locate the antenna or satellite dish antenna
within the confines of the rear yard and obtain a signal.

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D. No satellite dish antenna with a dish diameter greater than three (3) feet or height greater
than fifteen (15) feet shall be permitted in any residential zoning district. Satellite dish
antennas shall be located and screened as practical from view of all adjoining residential uses
and public streets.
4. FENCES AND WALLS
A. Residential Districts.
(1) In all residential zoning district, fences and walls not exceeding six (6) feet in height are
permitted within the limits of side and rear yards. Fences and walls are permitted in the
front yard with a maximum height of forty-eight (48) inches. All fences and retaining walls
within a front yard shall be a minimum of two (2) feet from any property line abutting
frontage to a public street and shall be subject to the restrictions and standards herein this
section. All fences located between the front property line and the front yard building
setback, shall be designed with a minimum open space of forty percent (40%). Retaining
walls shall be the only type of wall allowed within a residential front yard.
(2) Any yard abutting a public street shall be considered a front yard. Residential corner lots
contain two (2) front yards, and any fence extending into either front yard shall be a
maximum of forty-eight (48) inches in height and shall be subject to all other requirements
for front yard fences.
(3) On through lots or double frontage lots, a privacy type fence not exceeding six (6) feet in
height may be place within the designated rear yard, as determined by the Zoning
Administrator, provided it is a minimum of ten (10) feet from the street right-of-way line.
(4) Fences and walls shall be built wholly on the owner’s property.
B. Industrial and Commercial Districts.
(1) In industrial zoning districts, fences and walls not exceeding eight (8) feet in height are
permitted within the limits of the side and rear yard.
(2) Fences within a commercial district, within the front yard of an industrial district, or
exceeding eight (8) feet in height in industrial districts, may be permitted by special
exception of the Board of Adjustment or by City Council approval as part of a site plan
application.
(3) As part of a sidewalk use agreement or any other outdoor seating area, fences not
exceeding four (4) feet in height are permitted, and shall be constructed of wrought iron,
aluminum, wood, polyvinyl chloride (PVC).
(4) Fences and walls shall be built wholly on the owner’s property.
C. Decorative Features. In all districts, decorative features such as individual posts, brick or
stone columns, and similar features constructed as part of a fence or wall shall be allowed to

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exceed the maximum fence height by no more than twelve (12) inches.
D. Swimming Pool Enclosures. Barriers constructed for the purpose of enclosing a swimming
pool, shall also be subject to the requirements of this chapter.

E. Fence Frames. The frame of a fence, including posts, rails, and supports shall be placed on
the inside of the fence and facing towards the property on which the fence is erected.
F. Retaining Walls.
(1) Retaining walls shall be set back from the property line one foot (1') for every one foot (1')
of height.
(2) Retaining walls which are six (6) or more feet in height shall be structurally engineered. No
single wall face shall be greater than six feet (6') in height without terraces to break up the
wall expanse. A minimum one foot (1') of terrace shall be used for each two feet (2') of wall
height. Each terrace shall contain vegetation. The design specifications, elevations and
site plan showing the exact location of the wall shall be provided along with the required
building permit application to the Zoning Administrator.
G. Materials and Maintenance.
(1) Allowed Materials.
a. Fences are to be constructed of customarily used materials such as chain-link, wrought
iron, aluminum, wood, polyvinyl chloride (PVC), and other similar materials, unless
specified otherwise herein. Wood fences should be constructed of treated lumber,
cedar, redwood, or similar types of wood that are resistant to decay.
b. The use of materials such as corrugated or sheet metal, chicken wire, woven wire,
temporary construction fencing, snow fencing, or similar materials shall not be
permitted for permanent fencing. A fence shall not be constructed or covered with:
paper sheets or strips; cloth or fabric tarps, sheets, or strips; plastic or vinyl tarps,
sheets, mesh, or strips; metal siding or panels not originally designed or intended as
fencing material; bamboo; reed; or plywood sheeting. Chain-link or woven wire type
fences shall not include plastic or wood slats or strips, bamboo, or reed. All fences
must be of an earth tone, neutral, or natural color such as white, black, gray (silver),
tan, brown, green. Bright or fluorescent colors are not permitted. Pictures, images,
lettering, logos, graphics, or artwork are not permitted on fences.
c.

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An exception may be approved by the Zoning Administrator for sun and/or wind
screen material applied to fences directly associated with a sports or recreation facility
such as tennis court fences, baseball field fences, or basketball courts, subject to the
provisions of this chapter. An exception also may be approved by the Zoning
Administrator for mesh screen material associated with a commercial or industrial
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d. Walls and Retaining Walls. Walls and retaining walls are to be constructed of brick,
stone, textured concrete, precast concrete, tile block, etc., and shall not be painted.
Pictures, images, lettering, logos, graphics, or artwork are not permitted on walls
unless part of an approved and permitted sign in accordance with the City’s Sign
Regulations.
(2) Prohibited Materials. A fence or wall may not be designed to cause pain or injury to
humans or animals. Therefore, the use of spikes, broken glass, barbed wire, razor wire,
nails, electrical charge or other similar materials shall be prohibited.
(3) Construction and Maintenance. All fences shall be constructed in a sound and sturdy
manner and shall be maintained in a good state of repair, including the replacement of
defective parts, painting, and other acts required for maintenance. The Zoning
Administrator after ten (10) days' notice to the owner of the fence, may order the removal
of any fence that is not maintained in accordance with the provisions of this Code, and the
cost assessed against the property where said fence is located. An extension of time may
be granted, upon filing a verified statement that the delay is not a result of any act of the
owner.
H. Measuring Fence or Wall Height. The height of a fence or wall shall be determined by a
measurement from the ground beneath the fence or wall as follows:
(1) In a yard abutting a street, the total effective fence or wall height above the finished grade
shall be measured on the side nearest the street. Notwithstanding, if a property or
premises is lower than an adjacent street, then the height of the fence or wall shall be
determined by a measurement from the street grade at a ninety degree (90°) angle from
the fence or wall; provided the total vertical measurement from the ground beneath the
fence or wall to the top of the fence or wall shall not exceed eight feet (8').
(2) In any other required yard, the total effective fence or wall height above the finished grade
shall be measured on the side nearest the adjacent property.
(3) On a property line, the fence or wall height shall be measured from the finished grade of
the side of the adjacent property.
(4) Swales and other earth depressions up to six feet (6') wide shall not be used when
measuring the fence or wall height.
(5) Manmade earth berms, terraces, and retaining walls that elevate the fence or wall shall be
considered a part of the fence or wall, except in the case of a fence or wall constructed
within an industrial zoning district or as otherwise may be required by the City for the
purposes of screening.
I.

Overland Flowage Easements.
(1) Fences may encroach into an overland flowage easement providing measures are taken

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to make certain that the fence does not cause siltation buildup or restrict the water flow.
(2) Permitted fence material includes chain-link, wrought iron fencing, picket style fencing
that is at least thirty percent (30%) open, or other fencing styles that are at least thirty
percent (30%) open.
(3) All fencing shall be elevated a minimum of three (3) inches through the swale part of the
easement to allow water flowage.
J.

Exceptions to Fence Requirements.
(1) Agricultural Purposes.
a. In agriculture districts, barbed wire and woven wire fencing may be allowed, subject
to a minimum setback of ten (10) feet, provided it is used to contain livestock or to
protect crops and plantings.
b. In agriculture districts, an electrified fence may be allowed subject to a minimum
setback of ten (10) feet for the purpose of containing livestock.
(2) Industrial Districts. In industrial districts, fences topped with barbed wire may be
allowed by special exception of the Board of Adjustment, provided the barbed wire is not
less than six (6) feet above the ground.
(3) Recreational Purposes. Fences associated with the uses of a sports or recreational
facility or other similar area, shall not be subject to the height restrictions specified
elsewhere in this section, provided that such fence is constructed to maintain a
consistency of at least seventy five percent (75%) open space for the full length of the fence
and does not impede the required vision clearance. Any such fence is subject to design
review and approval of the Zoning Administrator.
(4) Governmental Properties. Fences associated with governmental (federal, state, county,
city) facilities and properties.
(5) Temporary Fences. Temporary or seasonal fences, e.g., snow fence, garden fence, are
exempt from permitting requirements providing they are not more than four (4) feet in
height. Snow fence shall be allowed to be placed from the first day of November through
the first day of April of the following year. Snow fence shall not be allowed at any other
time of the year, unless it is being placed as safety or construction fencing in accordance
with the temporary construction fence requirements of this Chapter.
(6) Temporary Construction Fence. Temporary construction fences, barricades, railings, or
other similar fences installed to provide temporary site security and/or safety in
conjunction with construction work may be allowed in any district during periods of
construction. Any such temporary fences shall be removed upon completion of the
construction work.

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(7) Existing Fence. Repair of existing, legal but nonconforming fences shall not be subject to
the setback or height regulations, if the repair or replacement coincides with the location
and height of the existing fence. Complete replacement of an existing fence requires
compliance with the terms of this Chapter. Complete replacement shall be defined as the
removal or replacement of forty (40) percent or more of the existing fence.
5. NONCONFORMITIES
A. Nonconforming Uses. Within the districts established by this chapter or amendments that
may later be adopted, there exist lots, structures and uses of land and structures which were
lawful before the Zoning Ordinance 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 not
to encourage 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 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 this chapter 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 that where demolition or removal of an existing building 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.
B. Nonconforming Lots of Record. In any district in which single-family dwellings are permitted
the single-family dwelling and customary accessory buildings may be erected as a variance on
a single lot of record at the effective date of adoption or amendment of this chapter,
notwithstanding that such fails to meet the requirements for area or width or both that are
generally applicable in the district where it is located. Yard dimensions and other
requirements not involving area or width shall conform to the regulations for the district in
which the lot is located. Such variance of area or width shall be permitted only after approval
by the Board of Adjustment.
C. Nonconforming Uses of Land. Where, at the effective date of adoption or amendment of
this chapter, lawful use of land exists that is made no longer permissible under the terms of
this chapter as enacted or amended, such use may be continued, so long as it remains
otherwise lawful, subject to the following provisions:

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(1) No such nonconforming use shall be enlarged or increased or extended to occupy a
greater area of land than was occupied at the effective date of adoption or amendment of
this chapter.
(2) 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.
(3) If any such nonconforming use of land ceases for any reason for a period of more than six
months, any subsequent use of such land shall conform to the regulations specified by
this chapter for the district in which such land is located.
D. Nonconforming Structures. Where a lawful structure exists at the effective date of adoption
or amendment of this chapter that could not be built under the terms of this chapter by reason
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:
(1) No such structure may be enlarged or altered in a way which increases its nonconformity.
(2) Should such structure be destroyed by any means to an extent of more than 50 percent
of its replacement cost at time of destruction, it shall not be reconstructed except in
conformity with the provisions of this chapter.
E. Nonconforming Uses of Structures. If a lawful use of a structure, or of 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:
(1) 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.
(2) 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.
(3) 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 accordance with the provisions of this
chapter.

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(4) Any structure or structure and land in combination, in or on which a nonconforming use
is superseded by a permitted use, shall thereafter conform to the regulations for the
district in which such structure is located and the nonconforming use may not thereafter
be resumed.
(5) 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 threeyear period, the structure, thereafter, shall not be used except in conformance with the
regulations of the district in which it is located.
(6) 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.
F. 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
official charged with protecting the public safety, upon order of such official.

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CHAPTER 165
ZONING REGULATIONS
SECTION 165.05 ZONING DISTRICT REGULATIONS
1.

2.
3.
4.

REGULATIONS BY ZONING DISTRICT

5.

STANDARDS FOR ALL ZONING DISTRICTS

A.

Agricultural / Open Space Zoning District (A-1)

A.

Small Wind Energy Conversion Systems

B.

Single-Family Residential Detached Zoning
District (R-1)

B.

Solar Energy Systems

C.

Accessory Dwelling Units

C.

Single-Family Residential Attached Zoning
District (R-2)

D.

Home Occupations

D.

Multi-Family Residential Zoning District (R-3)

E.

Outdoor Sales and Displays for Commercial and
Retail Businesses

E.

Manufactured Home Park Zoning District (R-4)

F.

Outdoor Storage

F.

Neighborhood Commercial Zoning District (C-1)

G.

G.

Highway Commercial Zoning District (C-2)

Loading Docks, Delivery and Service Overhead
Doors

H.

Downtown Mixed-Use Zoning District (C-3)

H.

Trash and Recycling Collection

I.

Limited Industrial Zoning District (M-1)

I.

Equipment Screening

J.

General Industrial Zoning District (M-2)

J.

Exterior Lighting

K.

Planned Unit Development (PUD)

K.

RESIDENTIAL ZONING DISTRICTS BUILDING BULK
AND DENSITY REGULATIONS

Attached and Free-Standing Drive-Thru
Canopies

L.

NON-RESIDENTIAL BULK AND DENSITY
REGULATIONS

Medical Cannabidiol Dispensaries and
Manufacturing Facilities

M.

Delayed Deposit Services Businesses and
Pawnshops

N.

Manufactured Homes

PERMITTED AND SPECIAL USES

1. REGULATIONS BY ZONING DISTRICT
A. Agricultural / Open Space Zoning District (A-1)
(1) Statement of Intent: The A-1 zoning district is intended to provide for the continued use
of agricultural land uses in those portions of the City where they are appropriate and allow
limited creation of new residential uses that are consistent with these agricultural uses.
(2) Bulk Regulations: (See Residential Zoning Districts Building Bulk and Density Regulations
Table.)
(3) Permitted Uses: (See Permitted and Special Uses Table.)
(4) Accessory Structures and Buildings and Fences and Walls: (See Chapter 165.04.)

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(5) Off-Street Parking Regulations: (See Chapter 165.07.)
(6) Open Space, Landscaping and Buffering Regulations: (See Chapter 165.08.)
(7) Building Design Standards:
a. Every single-family residential and other residential and non-residential structures,
except for ag-related structures, constructed after the date of this ordinance shall
comply with the design standards contained within Chapter 165.09.)
(8) Signage: (See Chapter 165.10.)
B. Single-Family Residential Detached Zoning District (R-1)
(1) Statement of Intent: The R-1 zoning district is intended accommodate single-family
residential dwellings on building lots of various sizes and certain non-residential uses
common within single-family residential areas.
(2) Bulk Regulations: (See Residential Zoning Districts Building Bulk and Density Regulations
Table.)
(3) Permitted Uses: (See Permitted and Special Uses Table.)
(4) Accessory Structures and Buildings and Fences and Walls: (See Chapter 165.04.)
(5) Off-Street Parking Regulations: (See Chapter 165.07.)
(6) Open Space, Landscaping and Buffering Regulations: (See Chapter 165.08.)
(7) Building Design Standards:
a. Every single-family dwelling, townhouse dwelling or row dwelling, and other
residential and non-residential structures constructed after the date of this ordinance
shall comply with the design standards contained within Chapter 165.09.)
(8) Signage: (See Chapter 165.10.)
C. Single-Family Residential Attached Zoning District (R-2)
(1) Statement of Intent: The R-2 zoning district is intended accommodate single-family
attached residential dwellings including duplex and two-family dwellings, townhomes, and
rowhouses and certain non-residential uses common within single-family residential
areas.
(2) Bulk Regulations: (See Residential Zoning Districts Building Bulk and Density Regulations
Table.)

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(3) Permitted Uses: (See Permitted and Special Uses Table.)
(4) Accessory Structures and Buildings and Fences and Walls: (See Chapter 165.04.)
(5) Off-Street Parking Regulations: (See Chapter 165.07.)
(6) Open Space, Landscaping and Buffering Regulations: (See Chapter 165.08.)
(7) Building Design Standards:
a. Every single-family dwelling, two-family dwelling, townhouse dwelling or row dwelling,
and other residential and non-residential structures constructed after the date of this
ordinance shall comply with the design standards contained within Chapter 165.09.)
(8) Signage: (See Chapter 165.10.)
D. Multi-Family Residential Zoning District (R-3)
(1) Statement of Intent: The R-3 zoning district is intended accommodate single-family
attached residential dwellings and multi-family dwellings including rowhouses,
townhomes, and apartments and certain non-residential uses common within multifamily residential areas.
(2) Bulk Regulations: (See Residential Zoning Districts Building Bulk and Density Regulations
Table.)
(3) Permitted Uses: (See Permitted and Special Uses Table.)
(4) Accessory Structures and Buildings and Fences and Walls: (See Chapter 165.04.)
(5) Off-Street Parking Regulations: (See Chapter 165.07.)
(6) Open Space, Landscaping and Buffering Regulations: (See Chapter 165.08.)
(7) Building Design Standards:
a. Every single-family dwelling (semi-detached and two-family), townhouse dwelling, row
dwelling, multi-family dwelling (apartment), and other residential and non-residential
structures constructed after the date of this ordinance shall comply with the design
standards contained within Chapter 165.09.)
(8) Signage: (See Chapter 165.10.)
E. Manufactured Home Park Zoning District (R-4)
(1) Statement of Intent: The R-4 zoning district is intended accommodate the development of
manufactured and mobile home parks (herein after referred to as manufactured home

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parks). For the purposes of this section, the term manufactured home shall also refer to
mobile home.
(2) Bulk Regulations:
a. The minimum proposed area for a manufactured home park shall have at least 10
acres of gross development area. The maximum density allowed for the gross
development area shall be seven manufactured homes units per acre.
b. All manufactured home parks perimeter yard requirements shall not be less than 30
feet. No structures shall be permitted within this yard.
c.

No part of any manufactured home or other structure shall be closer to any public
street upon which the park adjoins than 50 feet; however, interior park drives may be
located within the setback area.

d. The minimum width for manufactured home platted lot or manufactured home space
as designated on a site plan shall be 40 feet.
e. Front Yard Setback: Minimum 15 feet, measured from the edge of the surfaces private
drive to the closest point of the lower face of the manufactured home.
f.

Side Yard Setback: Minimum 20-foot separation at the nearest point between any
manufactured home.

g. Rear Yard Setback: Minimum 20-foot separation at the nearest point between any
manufactured home.
h. Maximum Height for All Structures: 20 feet.
i.

Detached Accessory Structures to the Manufacture Home (Including Garages and
Sheds): Shall not be located within the front yard setback and shall maintain a
minimum 10 feet separation at the nearest point between any manufactured home
and any other structure. Sheds 64 square feet in size and less do not need to comply
with this minimum separation requirement.

j.

Uncovered and open decks, patios, and stairs may encroach the front, side, and rear
yard setback areas.

k.

Structures Ancillary to the Manufactured Home Park (Including Storm Shelters,
Equipment Buildings, Pool Houses, and Community Buildings)

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i.

Setbacks: No ancillary structure shall be located closer than 50 feet from the
perimeter of the manufactured home park.

ii.

No ancillary structure shall be located closer than 20 feet to another structure.

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iii. Maximum Building Height: 35 feet.
(3) Permitted Uses: (See Permitted and Special Uses Table.)
(4) Fences and Walls: (See Chapter 165.04.)
(5) Site Plan Required: Each petition for a change to the R-4 zoning classification submitted to
the City shall be accompanied by a manufactured home park site plan. Said site plan shall
show each manufactured home space, or platted lot, the water, electrical and sewer lines
serving each manufactured home space, the location of water hydrants, community
shelter building or buildings, driveways, walkways, recreation areas, required yards,
parking facilities, lighting, and landscaping. The plan shall be considered by the Planning
and Zoning Commission and the City Council, who may approve or disapprove said plan
or require such changes thereto, as are deemed necessary to effectuate the intent and
purpose of the Zoning Ordinance and the General Provisions contained hereinbelow. All
changes to the R-4 classification shall be made in accordance with the provisions of
Chapter 165 of this Zoning Ordinance.
(6) General Provisions: The manufactured home park shall conform to the following
requirements.
a. Drainage. The park shall be located in a well-drained site, properly graded to insure
rapid drainage and freedom from stagnant pools of water.
b. Signs. One permanent identification sign shall be required at any main entrance to a
manufactured home park.
c.

Streets. The entrance road connecting the park driveways with a public street shall
have a minimum road pavement width of thirty-one (31) feet, measured back to back
of curbs. All interior driveways shall be not less than twenty-five (25) feet in width,
measured back to back of curbs. All streets and driveways, including driveways to and
within individual manufactured home spaces, shall be constructed with either hot mix
asphaltic concrete or Portland cement concrete with an approved curb to provide for
drainage. Gravel or unpaved streets, driveways, and parking areas shall not be
permitted.

d. Skirting. Skirtings of a permanent type material and construction shall be installed
within thirty (30) days from the date the manufactured home is set and leveled. The
skirting shall enclose the open space between the bottom of a manufactured home
floor and the grade level of the manufactured home lot. This skirting shall be
maintained in an attractive manner consistent with the exterior of the manufactured
home and to preserve the appearance of the manufactured home park.
e. Parking Spaces Required for Each Manufactured Home. Each manufactured home
shall be provided a minimum of 2 paved parking spaces.
f.

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Walkways.

Walkways not less than six (6) feet wide shall be provided from the

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manufactured home spaces and community buildings to the roadways and public
streets. The walkways shall be all-weather surfaced of concrete, well-marked in the
daytime and lighted at night.
g. Electrical Service. Electrical service shall be provided for each manufactured home
space.
h. City Services. Each manufactured home space shall be connected to City services and
watermains, fire hydrants, and sanitary sewer lines shall be installed in accordance to
City regulation.
i.

Refuse Disposal. The owner of the park shall be responsible for the provision of
adequate refuse collection containers and regular refuse disposal. Disposal shall
occur no less than once per week.

j.

Identifying Number. Each manufactured home space shall be provided with a uniform
identifying number of at least three-inch numbers readily visible from the drive
immediately in front of said space and uniformly placed at the front of the space.

k.

Community Building: For the purposes of this section, a “Community Building” means
a building serving as the shelter facility for the manufactured home park residents in
the event of inclement weather. Each manufactured home park shall provide a
community building as defined herein. The community building shall be:
i.

Well lighted at all times of the day or night.

ii.

Well ventilated with screened openings.

iii. Constructed of such moisture-proof material as shall permit repeated cleaning
and washing.
iv. Maintained at a temperature of at least sixty-eight (68) degrees Fahrenheit yearround.
v.

Constructed in compliance with all applicable codes to house residents in the
event of threatening weather conditions and sized to adequately accommodate
all residents of the manufactured home park with a minimum of thirty (30) square
feet of floor area provided for each manufactured home planned.

vi. The floors of the community building shall be of water impervious material and
shall slope to a floor drain connected with the sewage system.
vii. The community building and the grounds of the manufactured home park shall
be maintained in a clean, sightly condition and kept free of any condition that will
menace the health of any occupant or the public or constitute a menace.

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(7) Subdivision Requirements: Every manufactured home park authorized under the
provisions of this chapter shall fully comply with the subdivision requirements of the City,
and all improvements shall be completed as required under said subdivision regulations.
(8) Building Design Standards:
a. Every non-residential structured constructed after the date of this ordinance shall
comply with the design standards contained within Chapter 165.09.)
(9) Signage: (See Chapter 165.10.)
F. Neighborhood Commercial Zoning District (C-1)
(1) Statement of Intent: The C-1 zoning district is intended for smaller, neighborhood scale
retail and office uses located close to residential areas and are intended to serve the daily
retail needs for the residents.
(2) Bulk Regulations: (See Residential Zoning Districts Building Bulk and Density Regulations
Table.)
(3) Permitted Uses: (See Permitted and Special Uses Table.)
(4) Accessory Structures and Buildings and Fences and Walls: (See Chapter 165.04.)
(5) Off-Street Parking Regulations: (See Chapter 165.07.)
(6) Open Space, Landscaping and Buffering Regulations: (See Chapter 165.08.)
(7) Building Design Standards: (See Chapter 165.10.)
(8) Signage: (See Chapter 165.10.)
G. Highway Commercial Zoning District (C-2)
(1) Statement of Intent: The C-2 zoning district is intended to be located along major highways
with more auto-oriented uses with the intent of providing commercial products and
services to the local, regional, and general motoring public.
(2) Bulk Regulations: (See Residential Zoning Districts Building Bulk and Density Regulations
Table.)
(3) Permitted Uses: (See Permitted and Special Uses Table.)
(4) Accessory Structures and Buildings and Fences and Walls: (See Chapter 165.04.)
(5) Off-Street Parking Regulations: (See Chapter 165.07.)

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(6) Open Space, Landscaping and Buffering Regulations: (See Chapter 165.08.)
(7) Building Design Standards: (See Chapter 165.10.)
(8) Signage: (See Chapter 165.10.)
H. Downtown Mixed-Use Zoning District (C-3)
(1) Statement of Intent: The C-3 zoning district is intended to preserve and promote the
Downtown area with pedestrian oriented, walkable environment with retail, office and
upper-story residential uses.
(2) Bulk Regulations: (See Residential Zoning Districts Building Bulk and Density Regulations
Table.)
(3) Permitted Uses: (See Permitted and Special Uses Table.) In order to promote the
economic vitality and attractiveness of all properties located within the C-3 zoning district,
the ground floor of any building shall not be used for storage nor remain vacant for an
extended period of time due to the neglect of the property owner or building tenant to
actively maintain and market the property for use.
(4) Accessory Structures and Buildings and Fences and Walls: (See Chapter 165.04.)
(5) Off-Street Parking Regulations: (See Chapter 165.07.)
(6) Open Space, Landscaping and Buffering Regulations: (See Chapter 165.08.)
(7) Building Design Standards: (See Chapter 165.10.)
(8) Signage: (See Chapter 165.10.)
I.

Limited Industrial Zoning District (M-1)
(1) Statement of Intent: The M-1 zoning district is intended for a mixed of certain retail service,
office, light manufacturing, and warehouse and distribution uses with limited outdoor
storage.
(2) Bulk Regulations: (See Residential Zoning Districts Building Bulk and Density Regulations
Table.)
(3) Permitted Uses: (See Permitted and Special Uses Table.)
(4) Accessory Structures and Buildings and Fences and Walls: (See Chapter 165.04.)
(5) Off-Street Parking Regulations: (See Chapter 165.07.)
(6) Open Space, Landscaping and Buffering Regulations: (See Chapter 165.08.)

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(7) Building Design Standards: (See Chapter 165.10.)
(8) Signage: (See Chapter 165.10.)
(9) Outdoor Storage: Licensed and operable trailers, trucks, power equipment, and shipping
containers plus limited storage of other equipment and bulk materials is permitted subject
to the requirements contained herein this Chapter. No junk, garbage, or debris shall be
stored outside.
J.

General Industrial Zoning District (M-2)
(1) Statement of Intent: The M-2 zoning district is intended for industrial, manufacturing, and
warehouse and distribution uses with or without outdoor storage.
(2) Bulk Regulations: (See Residential Zoning Districts Building Bulk and Density Regulations
Table.)
(3) Permitted Uses: (See Permitted and Special Uses Table.)
(4) Accessory Structures and Buildings and Fences and Walls: (See Chapter 165.04.)
(5) Off-Street Parking Regulations: (See Chapter 165.07.)
(6) Open Space, Landscaping and Buffering Regulations: (See Chapter 165.08.)
(7) Building Design Standards: (See Chapter 165.10.)
(8) Signage: (See Chapter 165.10.)
(9) Outdoor Storage: Outdoor storage is permitted subject to the requirements contained
herein this Chapter. No junk, garbage, or debris shall be stored outside.

K. Planned Unit Development (PUD)
(1) Intent: The PUD District is intended to provide for the development or redevelopment of
land under the control and in accordance with an approved Master Plan. The development
guidelines and standards in which land uses, transportation facilities, building densities,
arrangements, and types are set out in a unified Master Plan in order to provide greater
flexibility of land use, development densities, and building locations than other zoning
districts may allow.
The PUD District is intended to maximize benefits from the use of open spaces, preserve
natural areas and existing tree cover, protect steep slopes, maximize aesthetics,
encourage certain architectural standards for buildings, and permit mixed uses and
diversity of bulk regulations without endangering the general health, safety, welfare, and
land value of surrounding and internal properties. A PUD may consist of a single use or a

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mix of residential, commercial, and limited industrial uses, provided such PUD is
compatible with the Future Land Use Map and Comprehensive Plan of the City. It is not
the intent of the PUD district to be utilized to reduce or provide relief from an existing
zoning regulation or requirement.
(2) Procedures:
a. Application: The owner or owners of a parcel of land within the zoning jurisdiction of
the City may submit to the Zoning Administrator an application accompanied by a PUD
Master Plan requesting a rezoning to the PUD Zoning District. The application form,
Master Plan (including number of copies), proposed development rules and
regulations, design guidelines, and other submittal details and requirements shall be
as determined by the Zoning Administrator as necessary to review the request. The
required application fee shall be as determined by resolution of the City Council.
b. Review Process: The PUD Application shall be reviewed by the Zoning Administrator
for completeness. Applications deemed incomplete shall be returned to the applicant
with a list of the missing or incomplete items. Applications deemed complete shall be
distributed by the Zoning Administrator to other City departments and agencies as
necessary for review and comment as to its compliance with all zoning regulations and
other pertinent City codes, regulations, standards, and policies.
c.

Subsequent to review by the Zoning Administrator and other City departments and
agencies, the Zoning Administrator shall submit to all members of the Planning and
Zoning Commission a copy of the PUD Application along with a written
recommendation as to the request’s conformity with the rules and regulations of the
City and may include a recommendation for approval, approval with conditions, or
denial of the application.

d. The Planning and Zoning Commission shall subsequently hold a public meeting for a
rezoning as prescribed by their rules of procedures and the Zoning Ordinance and
review the PUD Application for conformity with the zoning regulations and standards
and may confer with the applicant on changes to their requested as may be deemed
advisable. The Planning and Zoning Commission shall consider the following as part
of their deliberation:
i.

Compatibility with the Future Land Use Map and the Comprehensive Plan.

ii.

Land uses, building sizes and densities, and number of dwelling units.

iii. Building types, functions, architecture, and building placement and setbacks.
iv. Provisions for open space, landscaping, buffers, pedestrian circulation, and storm
water management.
v.

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Preservation and protection of natural features, drainageways, steep slopes, and
existing tree cover.

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vi. Provisions for adequate public infrastructure including sanitary sewer and water
service, storm water run-off, public parks, and public safety services.
vii. Traffic circulation and congestions including access to and from the site.
viii. General relationship to and impact on the surrounding area and neighboring
properties.
After completion of its deliberation, the Planning and Zoning Commission may adopt
a recommendation for approval or denial of the PUD Master Plan and associated
development rules, regulations, and guidelines as submitted. The Planning and
Zoning Commission may also request the developer agree to certain conditions or
agree to make certain modifications, alterations, adjustments, or amendments to the
proposed Master Plan and associated rules, regulations, and guidelines in order to
secure a recommendation of approval from the Planning and Zoning Commission.
The Planning and Zoning Commission shall forward its recommendation to the City
Council within 60 days of the receipt of a PUD Application deemed complete by the
Zoning Administrator. If the Planning and Zoning Commission does not act within the
60 days as prescribed above, the PUD Application shall be deemed to have received a
recommendation of approval by the Planning and Zoning Commission unless the
applicant agrees to an extension of time.
Within 60 days of receiving a recommendation from the Planning and Zoning
Commission, the City Council shall hold a public hearing for a rezoning as prescribed
by their rules of procedures and the Zoning Ordinance and review the PUD Application
for conformity with the zoning regulations and standards. During this hearing, the
City Council may confer with the applicant on changes to their request as may be
deemed advisable in order to secure the approval by the City Council. The City Council
may approve, approve with conditions or modifications as agreed to by the applicant,
or deny the application. If the City Council fails to act within the herein prescribed 60day period, the PUD Application shall be deemed to have been denied, unless both
the applicant and the City Council agree to an extension of time.
Whenever any PUD Application has been denied by the City Council, no new
application covering the same property, or the same property and additional property,
shall be filed with or considered by the City Council until one year has elapsed from
the date of the filing of the first application.
e. Recording of the Master Plan and Associated Regulations and Guidelines: The
ordinance providing for the rezoning of the property to the PUD Zoning District and
the associated Master Plan, Regulations, and Guidelines as approved by the City
Council shall be recorded at the Office of the Warren County Recorder and shall be
binding on the property owners, their heirs, successors, or assigns. No phase of the
PUD shall be started, and no building permits shall be issued until all documents have
been recorded.

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f.

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Modifications: Any application by the property owner or owners for modification to an
approved PUD shall first be reviewed by the Planning and Zoning Commission. Said
proposed modification along with a report from the Planning and Zoning Commission
shall then be forwarded to the City Council with appropriate recommendations. The
City Council shall then take such appropriate action on the proposed modification and
their decision shall be final.
No modification may be considered that is more than a ten percent (10%) increase in
density or change of uses of the site without a public hearing by the Planning and
Zoning Commission and City Council as required for a rezoning. A public hearing may
be held by the Planning and Zoning Commission or City Council on any requested
modification. All modifications and adjustments shall be recorded at the Office of the
Warren County Recorder.

g. Platting and Development: Prior to development within the PUD, applications for
Preliminary and Final Plats, Site Plans, and Building Permits that are in conformance
with the provisions of the PUD shall be submit for review in accordance with the City’s
regulations. At the applicant’s own risk, Preliminary Plats, Final Plats, and Sites Plans
may be submitted and reviewed concurrently with the PUD Application process.
2. RESIDENTIAL ZONING DISTRICTS BUILDING BULK AND DENSITY REGULATIONS. The following
table details the minimum lot sizes, building setbacks, building size and height limitations,
minimum open space, and maximum density requirements for each building type constructed
within the residential zoning districts established herein.

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RESIDENTIAL ZONING DISTRICTS BUILDING BULK AND DENSITY REGULATIONS TABLE
BUILDING TYPE

MultipleFamily
Dwelling
(Apartment)

NonResidential
Structure in
a
Residential
Zoning
District

n/a

n/a

40,000 sq ft

24 ft.

80ft

100 ft

20 ft

20 ft

40 ft

25 ft

25 ft

30 ft.

35 ft.

10 ft

8 ft min one
side, 18 ft
total sum of
both side
yards

10 ft6

8 ft.6

30 ft

30 ft

35 ft

35 ft

30 ft

30 ft

30 ft

35 ft

n/a

n/a

16 ft side to
side, 46 ft
back to back
or back to
side

30 ft

20 ft

20 ft from
back of curb
or street
sidewalk
whichever is
closest

n/a

n/a

A-1 Zoned
Single
Family
Dwelling

Single
Family
Dwelling
(Detached
and SemiDetached)

Two Family
Dwelling

Min. Lot Size

15 acres

7,200 sq ft

8,400 sq ft

Min. Lot Width¹

300 ft

60 ft

70 ft

Min. Lot Street Frontage²

20 ft

20 ft

20 ft

Front Yard Setback³

40 ft

30 ft

Side Yard Setback4

Rear Yard Setback5

BULK AND DENSITY
REGULATION BY
BUILDING TYPE

Min. Separation Between
Principal Buildings

n/a

Townhouse
or Row
Dwelling

Min. Setback from Private
Street or Common Private
Roadway

n/a

n/a

20 ft from
back of curb
or street
sidewalk
whichever is
closest

Min. Setback from the
Perimeter of the
Development

n/a

n/a

30 ft

30 ft

30 ft

30 ft

Max. Building Height

35 ft

35 ft

35 ft

35 ft

50 ft

40 ft

Min. Open Space

n/a

20%

20%

25%

25%

25%

Max. Dwelling Units Per
Acre

0.067

n/a

n/a

8

20

n/a

¹ Measured at the front yard building setback line
² Postage Stamp Lots: Direct street frontage not required; All yard setbacks for postage stamp lots shall be 5 ft, excluding shared walls
located along a common lot line
³ Front stoops, stairs, decks and porches may encroach up to 6 ft into the required front yard setback
Horizontally projecting roof overhangs and other similar building projections may extend up to 3 ft into a required side yard setback
provided no part of a building is closer than 5 ft to a lot line
4

5

Stoops, stairs, decks, and patios, not enclosed or covered by a roof, may encroach up to 20 ft into the required rear setback

6

Zero feet from common lot lines of attached structures

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3. NON-RESIDENTIAL BULK AND DENSITY REGULATIONS. The following table details the minimum
lot sizes, building setbacks, building size and height limitations, minimum open space, and
maximum density requirements for each non-residential zoning district.
NON-RESIDENTIAL BULK AND DENSITY REGULATIONS TABLE
ZONING DISTRICTS
BULK AND DENSITY REGULATION BY ZONING
DISTRICT

C-1

C-2

C-3

M-1

M-2

Min. Lot Size

n/a

n/a

n/a

n/a

n/a

Min. Lot Width

150 ft

150 ft

n/a

n/a

n/a

Min. Lot Street Frontage4

40 ft

40 ft

40 ft

40 ft

40 ft

Front Yard Setback

30 ft

40 ft

0 ft

35 ft

35 ft

Side Yard Setback¹

10 ft

10 ft

0 ft

20 ft

20 ft

Rear Yard Setback²

10 ft

10 ft

0 ft

35 ft

35 ft

Min. Separation Between Buildings Not Attached

20 ft

20 ft

20 ft

20 ft

20 ft

Max. Building Height

50 ft³

50 ft³

50 ft

50 ft³

50 ft³

Min. Building Height

n/a

n/a

28 ft

n/a

n/a

Min. Open Space

20%

20%

0%

15%

15%

Max. Dwelling Units Per Acre

n/a

n/a

18

n/a

n/a

¹ 30 feet when said yard adjoins a residential zoning district or existing residential property
² 40 feet when said yard adjoins a R-1 or R-2 zoning district or existing single-family property
³ An additional 10 ft of height is permitted for every 10 ft of additional building setback provided to a maximum height of 60 ft
Postage Stamp Lots: Direct street frontage not required; All yard setbacks for postage stamp lots shall be 5 ft, excluding shared
walls located along a common lot line
4

4. PERMITTED AND SPECIAL USES. The following table identifies the allowable uses within each
zoning district. A use identified with a “P” within a given zoning district column is a Permitted use.
A use identified with a “S” within a given zoning district column requires approval of a Special Use
Permit from the Board of Adjustment in accordance with city code. A blank space indicated that
use is not permitted within the given zoning district. Uses not listed shall be considered not
permitted uses.
The definitions for each listed use shall coincide first with the definition contained within Chapter
165.03 of the Zoning Code, second as may be defined elsewhere in the City Code, and finally the
commonly understood definition as determined by the Zoning Administrator.
A proposed use may follow under more than one category; however, for the purposes of this
section, the proposed use shall follow the closest, most similar or specific use as listed in the Use
Matrix.
It shall be the sole discretion of the Zoning Administrator to make the determine as to where a
proposed use falls within the Uses Table, whether it fits within or is similar to a use listed within
the Uses Table or is otherwise not listed and therefore not permitted. The determination by the
Zoning Administrator is appealable to the Board of Adjustment per the procedures as provided in
city code.

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PERMITTED AND SPECIAL USES TABLE
ZONING DISTRICT
USE

A-1

R-1

R-2

R-3

P

P

S

P

P

Two-family dwelling on one lot (duplex on one
lot) does not include the conversion of an
existing single-family home into 2 dwelling
units)

P

P

Townhouse dwelling (3+ units)

P

P

R-4

C-1

C-2

C-3

AGRICULTURAL USES
Commercial Farm Operation
Farming (row crop, vegetables, greenhouse,
vineyards, orchards)

P

Animal Husbandry (raising of livestock
including animal feeding operations)
Truck gardening and nurseries

P

Farm Support Housing

S

Horse boarding and riding stables

P

Residential Animal Raising (see definition)

P

Kennel

P

RESIDENTIAL USES
Household Living
Single-family dwelling, detached

P

Single-family dwelling, semi-detached
(traditional duplex on two lots)

Multiple family dwelling (3+ apartment or
condo units)

P

Manufactured Home Park
Accessory dwelling (includes the conversion of
an existing single family detached dwelling
into 2 units such as converting a basement or
attached garage space into a separate
dwelling unit)

S
P

S

S

S

Dwelling units located above the ground floor
only (mixed use building)

P

Group Residential
Family home / Group care facility

P

P

P

P

Elder group home

P

P

P

P

Assisted living residential facility

P

P

P

P

P

Nursing or convalescent home

P

P

P

P

P

Supervised group residence

Page 15 of 41

S

S

M-1

M-2

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PERMITTED AND SPECIAL USES TABLE
ZONING DISTRICT
USE
PUBLIC AND CIVIC USES

A-1

R-1

R-2

R-3

R-4

C-1

C-2

C-3

M-1

M-2

College, university, vocational and trades schools

S

S

S

S

S

S

S

S

S

S

P

P

P
S

S

Cultural exhibit, museum, or library
Membership or religions organization, social club
or lodge, and other place of public assembly

S

S

S

S

S

S

S

S

Public or private elementary, middle, or high
school

S

S

S

S

S

S

S

S

Public or private parks, golf courses, golf driving
ranges, country clubs, swimming pools,
playgrounds, and indoor or outdoor recreational
facilities and ball fields

P

P

P

P

P

P

P

P

P

P

Public Utilities (not including gas and electrical
power distribution stations, storage or
maintenance yards or buildings)

P

P

P

P

P

P

P

P

P

P

Government buildings and properties

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Hospital
COMMERCIAL USES
After hours business
Agricultural Sales and Services

P

Animal services
Kennel (including day kenneling)

P

Veterinary services (without overnight
kenneling)
Art gallery

P

P

P

P

P

P

P

P

P

P

P

S

S

Banks and financial services
Banks, not including delayed deposit service
business
Delayed deposit service business (including
check cashing, payday lending, car title loan
business)

S

Pawnshop

S

Freestanding automated teller machine (ATM)

P

P

Body piercing studio or tattoo studio
Child Care Center (child care home and child
development home are addressed under the home
occupations chapter)

Page 16 of 41

P
S

S

S

P

P

P

P

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PERMITTED AND SPECIAL USES TABLE
ZONING DISTRICT
USE

A-1

R-1

R-2

R-3

R-4

C-1

C-2

C-3

M-1

M-2

Construction sales and service, contractor office,
office for plumber, electrician, HVAC service or
similar use
No outdoor storage

P

P

With outdoor storage

P
P

Drive-in or drive-thru facilities

S

P

Eating and drinking establishment
Restaurant

P

P

P

P

P

P

P

P

Indoor: waterpark, miniature golf, bowling,
video game arcades, commercial driving
ranges, go-carts, trampoline park, playground
play space or similar use

P

P

Outdoor: drive-in theater, waterpark,
miniature golf, commercial driving ranges, gocarts, trampoline park, playground play space
or similar use

P

P

P

P

P

P

Micro-brewery, micro-distillery, or winery with
on-site tasting/sampling and sales

S

Tavern / Bar

P

P

Entertainment
Movie theater, performance hall, performing
arts studio

P

P

Funeral and interment services
Cemetery, mausoleum, columbarium

P

P

P

P

P

Cremation services

S

Funeral Home including funeral services and
retail sales with no outdoor display or storage

S

S

P

Retail sales with outdoor displays and storage

P

P

P

P

P

P

P

Lodging
Bed & breakfast inn

P

S

S

P

P

Extended stay or apartment hotel

S

S

Hotel or motel

P

P

Boarding or rooming house

P

S

Campground

P

Short-term rental

P

Page 17 of 41

P

S
P

P

P

P

P

S

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PERMITTED AND SPECIAL USES TABLE
ZONING DISTRICT
USE
Medical or dental clinic, pediatrician's office,
outpatient surgery center, medical testing center,
or similar use
Mini warehouse or self-storage facility

A-1

R-1

R-2

R-3

R-4

C-1

C-2

C-3

P

P

P

In-door only

M-1

M-2

P

P

Out-door storage including vehicle, boat,
camper, recreational vehicle

P

Motor vehicle and motor equipment-oriented
businesses
Automobile service center (auto parts sales)

P

P

Automotive washing, car wash (auto, manual,
or attended), does not include truck or trailer
washing or trailer washout

P

P

P

Gas station or service station with minor
repair and services (brakes, batteries, tires, oil
changes), including the dispensing of liquified
propane

P

P

P

P

P

Electric vehicle charging stations (not ancillary
to a principal use)

P

P

P

Major motor vehicle repair (painting, body,
fender, frame, transmission, engine overhaul)

P

P

P

Automobile sales, rental, storage lot, and offstreet parking

P

P

P

P

P

Automobile, truck and equipment auction
facilities
Recreational vehicle, camper, boat,
motorcycle, snowmobile, golf car, and similar
sales, lease, and rental and ancillary repair
and maintenance

P

P

P

Light equipment sales, rental, or repair service

P

P

P

Heavy equipment sales, rental or repair
service

P

Truck Stop, not including trailer washout

P

Commercial parking lots and parking structures
(not ancillary to a principal use)

Page 18 of 41

P

S

P

P

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Council Draft 05-12-2021

PERMITTED AND SPECIAL USES TABLE
ZONING DISTRICT
USE
Personal and consumer service

A-1

Beauty salon, barbershop

R-1

R-2

R-3

R-4

C-1

C-2

C-3

P

P

P

Dry cleaner and laundry service
Dry cleaner and laundry service (pick-up/dropoff service only)

M-1

M-2

P

P

P

P

P

P

P

P

Laundry (self-serve laundromat)
Massage therapy establishment, state
licensed
Fitness center, gym, health spa

P

P

P

P

P

P

P

P

P

P

P

P

P

Tailor

P

P

P

P

P

P

P

Print shop, copy center, retail shipping store
Professional Office (corporate, law, engineering,
architecture, real estate, insurance, accounting,
bookkeeping or similar use)

P

P

P

Television and radio broadcast studio, offices,
and production facilities

P

P

P

Retail sales (grocery store, pharmacy/drug store,
office supplies store, bakery, clothing or
department store, and similar retail use)

P

P

P

Convenience store with fuel sales

P

P

Fireworks retail sales facility

P

Hardware store, lawn and garden store, or
similar use with outdoor storage

P

Large retail (over 50,000 sq. ft. gross floor
area, single user or tenant space)

P

Liquor store

S

Lumber yard and Construction Sales and
Services

S

Medical cannabidiol dispensary

S

Can and bottle redemption facility

P

Smoking lounge or hookah lounge

S

S

Tobacco store (including vape shop)

S

S

Retail sale - intensive

P

P
P

P

P

P

P

P

P

P

S

S

Adult oriented establishment

S

Spectator sports
Indoor

S

P

P

Outdoor

S

P

P

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PERMITTED AND SPECIAL USES TABLE
ZONING DISTRICT
USE
Sports and recreation, participant

A-1

R-1

R-2

R-3

R-4

C-1

C-2

C-3

M-1

M-2

Outdoor

S

P

P

Indoor

S

P

P

INDUSTRIAL USES
Animal feedlots, processing of animals or animal
by-products
Electrical power generation (utility scale for offsite use, distribution, or sale)

S

S

Manufacturing, production and industrial
services
Limited (no food related processing and
manufacturing, all activities wholly contained
within a building)

P

P

General (limited food processing, outdoor
storage limited)

P

P

Intensive (may include outdoor storage of
materials and activities not contained within a
building) and includes:
Auto and other equipment and
machinery wrecking and used parts yards
and storage (no outdoor wrecking or
disassembly)

S

Truck or trailer washout

S

Cement, lime, gypsum, or plaster
manufacture

S

Explosive and ammunition manufacture
or storage

S

Junk or garbage processing, recycling,
storage, or transfer station (indoor only)

S

Petroleum, chemical, fuel, and gasses
refining, manufacture, distribution, or
bulk storage

S

Rubber goods manufacture

S

Sand or gravel pits, mining, and crushing

S

Smelting and processing or ore, metal
and scrap metal

S

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PERMITTED AND SPECIAL USES TABLE
ZONING DISTRICT
USE
Medical cannabidiol manufacturer

A-1

R-1

R-2

R-3

R-4

C-1

C-2

C-3

M-1

M-2

S

Repair service
Electronics, appliance, household goods,
furniture or similar

P

P

Small engine

P
P

Research laboratory and testing

P

Storage of equipment, data and records,
electronic data center, furniture and similar

P

Trucking/freight terminal

P

Wholesale fuel storage, sales, or distribution

S

Grain storage and distribution

P

Warehousing and wholesaling (outdoor storage
limited to licensed and operable trailers, trucks,
power equipment, and shipping containers)

P

Waste related use
Junkyard including auto, truck and machinery
wrecking and recycling

S

Recycling facility

S

Sanitary landfill

S

OTHER USES
Gas and electrical power distribution station

S

S

Mining operation, sand and gravel extraction or
processing, gas or oil well, or similar mineral or
earth resource extraction (no crushing of rock,
ore)

S

S

Wireless telecommunications facility
Tower

S

S

S

S

S

S

S

S

S

S

Co-located

S

S

S

S

S

S

S

S

S

S

Commercial broadcast antennas, towers, and
satellite dishes

S

S

S

S

S

S

S

S

S

S

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5. STANDARDS FOR ALL ZONING DISTRICTS
A. Small Wind Energy Conversion Systems
(1) Intent. The intent of this section is to balance the need for clean, renewable energy
resources and the necessity to protect the public health, safety and welfare of the
community. The City finds these regulations are necessary to ensure that Small Wind
Energy Conversion Systems are appropriately designed, sited and installed.
(2) Definitions. The following terms are defined for this section:
a. “Height, total system” means the height above grade of the system, including the
generating unit and the highest vertical extension of any blades or rotors.
b. “Lot” (or parcel) means any legally established lot or parcel which contains or could
contain a permitted or special use as provided by Chapter 165 of this Code of
Ordinances.
c.

“Off grid” means an electrical system that is not connected to utility distribution and
transmission facilities or to any building or structure that is connected.

d. “Shadow flicker” means changing light intensity caused by sunlight through the
moving blades of a wind energy conversion system.
e. “Small Wind Energy Conversion System (SWECS)” means a wind energy conversion
system which has a nameplate rated capacity of up to 15 kilowatts for residential uses
and districts and up to 100 kilowatts for commercial and industrial districts and which
is incidental and subordinate to a principal use on the same parcel. A system is
considered a SWECS only if it supplies electrical power solely for use by the owner on
the site, except that when a parcel on which the system is installed also receives
electrical power supplied by a utility company, excess electrical power generated and
not presently needed by the owner for on site use may be used by the utility company
in accordance with Section 199, Chapter 15.11(5) of the Iowa Administrative Code, as
amended from time to time.
f.

“Small Wind Energy Conversion System, free standing” means a SWECS which is
elevated by means of a monopole tower only and is not located on another supporting
structure except that the tower shall have an appropriately constructed concrete
base. Guyed, lattice, or other non-monopole style towers shall not meet this
definition.

g. “Small Wind Energy Conversion System, horizontal axis” means a small wind energy
conversion system that has blades which rotate through a horizontal plane.
h. “Small Wind Energy Conversion System, building mounted” means a SWECS which is
securely fastened to any portion of a principal building in order to achieve desired
elevation, whether attached directly to the principal building or attached to a tower

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structure which is in turn fastened to the principal building. These systems are
prohibited by this chapter.
i.

“Small Wind Energy Conversion System, vertical axis” means a small wind energy
conversion system that has blades which rotate through a vertical plane.

j.

“Tower” means the vertical component of a wind energy conversion system that
elevates the wind turbine generator and attached blades above the ground.

k.

“Wind Energy Conversion System (WECS)” means an aggregation of parts including the
foundation, base, tower, generator, rotor, blades, supports, guy wires and accessory
equipment such as utility interconnect and battery banks, etc., in such configuration
as necessary to convert the power of wind into mechanical or electrical energy, e.g.,
wind charger, windmill or wind turbine.

l.

“Wind turbine generator” means the component of a wind energy conversion system
that transforms mechanical energy from the wind into electrical energy.

(3) General Regulations.
a. Special Use Permit. A Small Wind Energy Conversion System (SWECS) shall be allowed
only as an accessory use to a permitted principal use and with approval of a special
use permit from the Board of Adjustment.
b. Zoning. SWECS may be allowed in any zoning district subject to the provisions
contained herein and elsewhere within this City Code.
c.

Permit Required. It shall be unlawful to construct, erect, install, alter or locate any
SWECS within the City, unless a special use permit has been obtained from the Board
of Adjustment. The special use permit may be revoked by resolution of the Board of
Adjustment any time the approved system does not comply with the rules set forth in
this chapter and the conditions imposed by the Board of Adjustment. The
owner/operator of the SWECS must also obtain any other permits required by other
federal, state and local agencies/departments prior to constructing the system. 164.05
Application for SWECS shall be made on forms provided by the City. No action may be
taken regarding requests for SWECS until completed applications have been filed and
fees paid.

d. Number of Systems per Zoning Lot.
i.

No more than one freestanding SWECS may be placed on any parcel or lot.
Additional freestanding SWECS are prohibited.

e. Tower. Only monopole towers shall be permitted for freestanding SWECS. Lattice,
guyed or towers of any other type shall not be considered to be in compliance with
this chapter.

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f.

Council Draft 05-12-2021

Color. Freestanding SWECS shall be a neutral color such as white, sky blue or light
gray. Other colors may be allowed at the discretion of the Board of Adjustment. The
surface shall be non-reflective.

g. Lighting. No lights shall be installed on the tower, unless required to meet FAA
regulations.
h. Signage. No signage or advertising of any kind shall be permitted on the tower or any
associated structures.
i.

Climbing Apparatus. The tower must be designed to prevent climbing within the first
10 feet.

j.

Maintenance. Facilities shall be well maintained in accordance with manufacturer’s
specifications and shall remain in an operational condition that poses no potential
safety hazard nor is in violation of any provisions contained within this chapter or
elsewhere within this City Code.

k.

Displacement of Parking Prohibited. The location of the SWECS shall not result in the
net loss of required parking as specified elsewhere in the City Zoning Code.

l.

Utility Notification. The City shall notify the utility of receipt of an application to install
an interconnected customer-owned generator. Off-grid systems shall be exempt from
this notification requirement.

m. Interconnection. The SWECS, if not off-grid, shall meet the requirements for
interconnection and operation as set forth by the utility and the Iowa Utilities Board.
No permit of any kind shall be issued until the City has been provided with a copy of
an executed interconnection agreement. Off-grid systems shall be exempt from this
requirement.
n. Restriction on Use of Electricity Generated. A SWECS shall be used exclusively to
supply electrical power to the owner for on site consumption, except that excess
electrical power generated by the SWECS and not presently needed for use by the
owner may be used by the utility company in accordance with Section 199, Chapter
15.11(5) of the Iowa Administrative Code, as may be subsequently amended.
o. Noise. A SWECS shall be designed, installed and operated so that the noise generated
does not exceed the maximum noise levels established elsewhere in this City Code.
p. Shadow Flicker. No SWECS shall be installed and operated so to cause a shadow flicker
to fall on or in any existing residential structure.
q. Safety Controls. Each SWECS shall be equipped with both an automatic and manual
braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, or turbine

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components. Said automatic braking system shall also be capable of stopping turbine
rotation in the event of a power outage so as to prevent back feeding of the grid.
r.

Shut Off. A clearly marked and easily accessible shut off for the wind turbine will be
required as determined by the Community Development Director.

s.

Electromagnetic Interference. All SWECS shall be designed and constructed so as not
to cause radio and television interference. If it is determined that the SWECS is causing
electromagnetic interference, the owner/operator shall take the necessary corrective
action to eliminate this interference including relocation or removal of the facilities,
subject to the approval of the appropriate City authority. A permit granting a SWECS
may be revoked if electromagnetic interference from the SWECS becomes evident.

t.

Wind Access Easements. The enactment of this chapter does not constitute the
granting of an easement by the City. The SWECS owner/operator shall have the sole
responsibility to acquire any covenants, easements, or similar documentation to
assure and/or protect access to sufficient wind as may or may not be necessary to
operate the SWECS.

u. Engineer Certification. Applications for any SWECS shall be accompanied by standard
drawings of the wind turbine structure, including the tower, base, and footings. An
engineering analysis of all components of the SWECS showing compliance with the
applicable regulations and certified by an Iowa licensed professional engineer shall
also be submitted.
v.

Installation.
Installation
must
be
done
according
to
manufacturer’s
recommendations. All wiring and electrical work must be completed according to the
applicable building and electric codes. All electrical components must meet code
recognized test standards.

w. Removal. If the SWECS remains nonfunctional or inoperative for a continuous period
of six months, the system shall be deemed to be abandoned. The SWECS
owner/operator shall remove the abandoned system at their expense. Removal of the
system includes the entire structure, transmission equipment and fencing from the
property excluding foundations. Non-function or lack of operation may be proven by
reports from the interconnected utility. For off-grid systems the City shall have the
right to enter the property at its sole discretion to determine if the off-grid system is
generating power. Such generation may be proven by use of an amp meter. The
SWECS owner/operator and successors shall make available to the Director of
Community Development all reports to and from the purchaser of energy from the
SWECS if requested. If removal of towers and appurtenant facilities is required, the
Director of Community Development shall notify the SWECS owner/operator. Removal
shall be completed within six months of written notice to remove being provided to
the owner/operator by the City.
x.

Page 25 of 41

Right of Entrance. As a condition of approval of a special use permit an applicant
seeking to install SWECS shall be required to sign a petition and waiver agreement

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Council Draft 05-12-2021

which shall be recorded and run with the land granting permission to the City to enter
the property to remove the SWECS pursuant to the terms of approval and to assure
compliance with the other conditions set forth in the permit. Removal shall be at the
expense of the owner/operator and the cost may be assessed against the property.
y.

Feasibility Study. It is highly recommended that a feasibility study be made of any site
prior to installing a wind turbine. The feasibility study should include measuring actual
wind speeds at the proposed turbine site for at least three months.

(4) Bulk Regulations.
a. Setbacks. The minimum distance between any freestanding SWECS and any property
line shall be a distance that is equivalent to 150 percent of the total system height. The
setback shall be measured from the property line to the point of the SWECS closest to
the property line.
b. Maximum Height. Height shall be measured from the ground to the top of the tower,
including the wind turbine generator and blades.
i.

For lots of more than one and fewer than three acres, the maximum height shall
be 65 feet.

ii.

For lots of more than three and fewer than five acres, the maximum height shall
be 80 feet.

iii. For lots more than five acres, the maximum height shall be 100 feet.
c.

Minimum Lot Size.
i.

The minimum lot size for a freestanding SWECS within C-1, C-2, C-4, M-1 and M-2
shall be one acre.

ii.

The minimum lot size for a freestanding SWECS within A-1 and all residential
zoning classifications shall be three acres.

d. Clearance of Blade. No portion of a horizontal axis SWECS blade shall extend within
30 feet of the ground. No portion of a vertical axis SWECS shall extend within 10 feet
of the ground. No blades may extend over parking areas, driveways or sidewalks. No
blade may extend within 20 feet of the nearest tree, structure, or above ground utility
facilities.
e. Location.

Page 26 of 41

i.

No part of a SWECS shall be located within or over drainage, utility or other
established easements.

ii.

A SWECS shall be located entirely in the rear yard.

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iii. A SWECS shall be located in compliance with the guidelines of applicable Federal
Aviation Administration (FAA) regulations as amended from time to time.
iv. No SWECS shall be constructed so that any part thereof can extend within 20 feet
laterally of an overhead electrical power line (excluding secondary electrical
service lines or service drops). The setback from underground electric distribution
lines shall be at least five feet.
v.

Building mounted SWECS shall be prohibited.

B. Solar Energy Systems
(1) Intent. The intent of this section is to establish provisions for using an alternate source of
energy apart from the prevailing energy sources of natural gas and electricity, namely
solar energy, and to provide standards for the construction and use of solar energy
systems. The City finds these regulations are necessary to ensure that Solar Energy
Systems are appropriately designed, sited and installed.
(2) Definitions. The following terms are defined for this section:
a. “Building-integrated Solar Energy Systems” means a solar energy system that is an
integral part of a principal or accessory building, rather than a separate mechanical
device, replacing or substituting for an architectural or structural component of the
building. Building-integrated systems include but are not limited to photovoltaic or hot
water solar energy systems that are contained within roofing materials, windows,
skylights, and awnings.
b. “Ground-mounted” means a solar energy system mounted on a rack or pole that rests
or is attached to the ground. Ground-mounted systems are accessory to the principal
use.
c.

“Roof-mount” means a solar energy system mounted on a rack that is fastened to or
ballasted on a structure roof. Roof-mount systems are accessory to the principal use.

d. “Solar Access” means unobstructed access to direct sunlight on a lot or building
through the entire year, including access across adjacent parcel air rights, for the
purpose of capturing direct sunlight to operate a solar energy system.
e. “Solar Carport” means a solar energy system of any size that is installed on a carport
structure that is accessory to a parking area, and which may include electric vehicle
supply equipment or energy storage facilities.
f.

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“Solar Mounting Devices” means racking, frames, or other devices that allow the
mounting of a solar collector onto a roof surface or the ground.

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(3) Restrictions. Except as provided in this article, no solar energy system or solar collection
device shall be erected, constructed, altered or maintained on any lot within the city,
without first receiving a permit to do so and complying with the regulations herein this
chapter.
(4) General Regulations.
a. Building-integrated solar energy systems and roof-mounted and building-mounted
solar energy systems are a permitted accessory use in all zoning districts where
structures of any sort are allowed, subject to certain requirements as set forth below.
Solar carports and associated electric vehicle charging equipment are a permitted
accessory use on surface parking lots in all districts regardless of the existence of
another building.
b. Ground-mounted solar energy systems shall require approval of a Special Use Permit
from the Board of Adjustment.
(5) Standards. All solar energy systems or solar collection devices shall meet the following
standards and conditions:
a. Height – Solar energy systems must meet the following height requirements:
i.

Building-mounted or roof-mounted solar energy systems shall not exceed the
maximum allowed height in any zoning district. For purposes for height
measurement, solar energy systems other than building-integrated systems shall
be given an equivalent exception to height standards as building-mounted
mechanical devices or equipment.

ii.

Ground-mounted or pole-mounted solar energy systems shall not exceed 15 feet
in height when oriented at maximum tilt.

iii. Solar carports in non-residential districts shall not exceed 20 feet in height.
b. Setback - Solar energy systems must meet the accessory structure setback for the
zoning district and principal land use associated with the lot on which the system is
located, except as allowed below.
i.

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Roof-mounted or Building-mounted Solar Energy Systems - The collector surface
and mounting devices for roof-mounted solar energy systems shall not extend
beyond the exterior perimeter of the building on which the system is mounted or
built, unless the collector and mounting system has been explicitly engineered to
safely extend beyond the edge, and setback standards are not violated. Exterior
piping for solar hot water systems shall be allowed to extend beyond the
perimeter of the building on a side-yard exposure. Solar collectors mounted on
the sides of buildings and serving as awnings are considered to be buildingintegrated systems and are regulated as awnings.

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ii.

c.

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Ground-mounted Solar Energy Systems - Ground-mounted solar energy systems
may not extend into the side-yard or rear setback when oriented at minimum
design tilt, except as otherwise allowed for building mechanical systems.

Visibility – Solar energy systems shall be designed to minimize visual impacts from the
public street right-of-way.
i.

Building Integrated Photovoltaic Systems - Building integrated photovoltaic solar
energy systems shall be allowed regardless of whether the system is visible from
the public right-of-way, provided the building component in which the system is
integrated meets all required setback, land use or performance standards for the
district in which the building is located.

ii.

Aesthetic restrictions - Roof-mounted or ground-mounted solar energy systems
shall not be restricted for aesthetic reasons if the system is not visible from the
closest edge of any public right-of-way other than an alley, or if the system meets
the following standards.
(a) Roof-mounted systems on pitched roofs that are visible from the nearest edge
of the front right-of-way shall have the same finished pitch as the roof and be
no more than ten inches above the roof.
(b) Roof-mount systems on flat roofs that are visible from the nearest edge of the
front right-of-way shall not be more than five feet above the finished roof and
are exempt from any rooftop equipment or mechanical system screening.

iii. Reflectors - All solar energy systems using a reflector to enhance solar production
shall minimize glare from the reflector affecting adjacent or nearby properties.
d. Lot Coverage – Ground-mounted systems total collector area shall not exceed half the
building footprint of the principal structure.
i.

Ground-mounted systems shall be exempt from lot coverage or impervious
surface standards if the soil under the collector is maintained in vegetation and
not compacted.

ii.

Ground-mounted systems shall not count toward accessory structure limitations.

e. All solar energy system components shall be located as to be accessible for required
routine maintenance without trespassing on adjoining property or disassembling any
major portion of the structure or building.
f.

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All solar energy system components must be obtained from manufacturers who
regularly engage in production of solar energy apparatus. The design and drawings of
any system or apparatus shall be completed and sealed by a licensed design
professional.

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(5) Building Permit Required. No solar energy system or solar collection device shall be
constructed, erected, added to, or materially altered, structurally or otherwise changed,
or improved nor any other work commenced upon any lot or parcel of land unless the
owner, contractor or agent of either shall first have received approval of a site plan or
Special Use Permit, as may be required, and applied for and received from the Building
Official a permit therefore as provided for in this section.
(6) Application for Permit. Any application for the building permit required hereunder shall
show that the proposed construction meets the requirements set forth in this section.
Should any submittal in the opinion of the Building Official contain design elements that
are substantially unique and outside the normal configuration of typical solar array
components, design or system requirements, the application for permit shall be
forwarded to the Board of Adjustment for action.
(7) Issuance of Permit. Any building permit issued pursuant to the provisions of this article
for the construction, erection or modification of a solar energy system or solar collection
device shall only be issued after the Building Official has determined the proposed
construction meets the requirements of this section, the building code regulations, and
that the design of the solar system or solar collection device is in general conformity with
the style and design of surrounding structures.
(8) Solar Access Easements. The enactment of this chapter does not constitute the granting
of an easement by the City. The solar owner/operator shall have the sole responsibility to
acquire any covenants, easements, or similar documentation to assure and/or protect
access to sufficient sunlight as may or may not be necessary to operate the system.
C. Accessory Dwelling Units
All accessory dwellings shall comply with the following:
(1) No more than a total of two (2) dwelling units (principal and accessory) are allowed on a
single lot or parcel.
(2) An accessory dwelling may be contained within, attached to, or detached and separate
from the principal dwelling and must be located wholly within the same lot or parcel of
the principal dwelling.
(3) The lot or parcel, principal dwelling, and accessory dwelling shall all be under the same
ownership and the owner must live on the property either in the principal dwelling or the
accessory dwelling as their principal place of residency.
(4) The total gross floor area of the accessory dwelling cannot exceed the lesser of eight
hundred square feet (800 sq. ft.) or eighty-percent (80%) of the total gross floor area of
the principal dwelling.
(5) The accessory dwelling shall have no more than one (1) bedroom and shall have its own
bathroom and kitchen.

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(6) The accessory dwelling shall comply with the building setback and bulk regulations for a
principal building as applicable for the zoning district in which its lot or parcel is located.
(7) The exterior design and appearance of the accessory dwelling, attached or detached, must
match and be consistent with the design, features, exterior building materials, and level
of finish of the principal dwelling building and shall otherwise comply with the
requirements of the architectural design standards found in the City’s zoning code
regulations.
(8) The accessory dwelling may have its own entrance or share an entrance with the principal
dwelling but cannot have its own separate entrance on the same façade as the front or
street-facing entrance of the principal dwelling.
(9) The accessory dwelling must share utility connections with the principal dwelling.
(10) The principal dwelling shall have no less than two (2) off-street parking spaces and one (1)
additional off-street parking space shall be provided for the accessory dwelling. Tandem
style parking spaces (where access to a given space may be blocked by the designated
parking space of another vehicle) shall not count towards meeting the parking
requirements of this section. Unless specifically approved by the Board of Adjustment,
accessory dwelling units shall not have a driveway separate from that of the principal
dwelling.
(11) All accessory dwellings require approval of a Special Use Permit from the Board of
Adjustment in accordance with the procedures outlined within the city code. To approve
a request for a Special Use Permit, after a public hearing, the Board of Adjustment shall
consider and make favorable findings regarding the following requirements. Failure the
make favorable findings for any or all of these requirements shall be cause to deny the
request.
a. The size, location, layout, and appearance of the principal dwelling and the proposed
accessory dwelling do not negatively impact the adjoining properties and surrounding
neighborhood.
b. Adequate provisions for parking have been made for both the accessory dwelling and
the principal dwelling.
c.

The property is appropriately zoned for an accessory dwelling and all city code
requirements have been satisfied.

D. Home Occupations
The following operations and/or uses are considered permitted in any district that allows
household living:
(1) Home sewing or tailoring.

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(2) Writing or editing, studios for painting, sculpting, ceramics, music, photography, or other
similar arts.
(3) Office for architects, engineers, realtors, accountants, or similar occupations and office
related activities requiring a limited number of trips to the home.
(4) Home office for persons engaged in marketing, distributing, and selling make-up,
household goods, firearms (in accordance with all Federal, State, and local regulations),
clothing, and similar materials, provided all product sales (including product
demonstrations and sales meetings) do not occur on-site and that product distribution is
conducted either off-site or by mail, delivery.
(5) Production of crafts such as handiwork, model-making, weaving, lapidary, and wood
working for selling a product off-premise, by mail or delivery.
(6) Tutoring to no more than four (4) students at any one time.
(7) Home-cooking, preserving and baking for selling a product off-premise, by mail or
delivery.
(8) Computer programming, repair, internet services and similar occupations.
(9) Mail order business where products are shipped directly from an off-site supplier to the
customer.
(10) In-home Child Care Home or Child Development Home, provided the following
requirements are met:
a. All Child Care Homes and Child Development Homes shall be registered and/or
licensed, as required, with the Iowa Department of Human Services (DHS) and shall be
in current, good standing.
b. Child Development Homes registered as either a Category A, Category B, or Category
C as defined by the DHS shall be permitted.
c.

All Child Care Homes and Child Development Homes shall follow all other
requirements of this chapter, applicable zoning codes, and applicable building codes.

d. No in-home child care service shall be allowed that does not meet items A through C
above.
(11) State licensed massage therapists having no age requirement for admittance and
otherwise in compliance with the requirements city code.
(12) In-home beauty salon or barber.

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(13) Other uses and/or activities that are similar to the uses stated above or that conform to
the intent of this chapter, as determined by the Zoning Administrator.
(14) Restrictions for All Home Occupations: In addition to all the use limitations applicable to
the district in which it is located, no home occupation shall be permitted unless it complies
with the following restrictions:
a. Not more than one (1) person who is not a resident on the premises shall be employed
and at least one resident of the premises shall be the primary operator of the home
occupation.
b. Home occupations are limited to one operation per dwelling
rental property must have landlord approval prior to operation.
c.

unit,

and

No alteration of the principal residential building shall be made which changes the
character and appearance thereof as a dwelling.

d. No home occupation shall be apparent to adjoining residences and from any
public street.
e. There shall be no outdoor storage of equipment or materials used in the home
occupation. Not more than one (1) vehicle and one fully enclosed cargo trailer, which
is less than 17 feet in length, used in commerce in connection with any home
occupation shall be parked on either the property or on public streets.
f.

Off-street parking space shall be adequate to accommodate the parking demand
generated by the home occupation and at no time shall any parking generated by the
home occupation take place on-street.

g. Commercial signage shall be limited to one (1) unlighted sign not over one (1) square
foot in area attached flat against the dwelling.
h. An average of no more than twenty-five (25) percent of the floor area of the dwelling
unit shall be devoted to the home occupation, with the exception of a child care
home or a child development home. The home occupation shall be conducted entirely
within the principal dwelling unit.
i.

No mechanical, electrical, or other equipment which produces noise, electrical or
magnetic interference, vibration, heat, glare, or other nuisance outside the residential
or accessory structure.

j.

No home occupation shall be noxious, offensive, or hazardous due to vehicular traffic
generation or emission of noise, vibration, smoke, dust or other particulate matter,
odorous matter, heat, humidity, glare, refuse, radiation, or other objectionable
emissions.

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k.

Except for an in-home a child care home or a child development home (daycare),
home-based businesses may generate no more than 25 vehicle trips per day.

l.

Home occupations may have no more eight (8) on-site product pick-ups by customers
in a one-day period. This shall not be the primary method by which products are
delivered to customers. Pick-up times shall by appointment only and shall be limited
to between the hours of 7:00 am and 7:00 pm. Customers may not enter the home
occupation property for the purposes of viewing items for sale.

m. Shall not cause an adverse impact on the neighborhood, as determined by the Zoning
Administrator.
E. Outdoor Sales and Displays for Commercial and Retail Businesses
(1) Outdoor Displays and Sales and Outdoor Food and Beverage Service Areas for Permanent
Businesses:
a. Appropriately zoned, retail properties may define limited areas within their site for
permanent and/or intermittent outdoor display and sales (i.e., pumpkins, plants, lawn
and garden goods), including outdoor seating areas for food and beverage service,
subject to the provisions contained herein.
b. All outdoor display and sales and food and beverage service areas must be clearly
defined and detailed on a site plan (or sketch plan if proposed for an existing site) and
obtain approval as part of a site plan process or otherwise obtain site plan approval
from the City. All other City Code requirements for seasonal and temporary uses must
be met.
c.

Said areas shall be hard surfaced and not exceed five percent (5%) of the total site
area, cannot not be located upon any parking stalls or drive aisles, and must be
situated immediately adjacent to the retail establishment or tenant space which shall
have exclusive use of said areas. Off-site businesses/non-tenants shall not be allowed
to utilize these areas.

d. Outdoor display areas shall be located no closer than 10 feet from any property line
or street right-of-way and may not be located within any street or driveway vision
triangle, required buffer, or required open space area.
e. The layout of any outdoor display, sales, and seating areas shall be designed so to not
create a traffic hazard or congestion and shall allow for the safe and unimpeded flow
of pedestrian traffic, including exiting from the building. A minimum five feet (5’) of
clearance shall be maintained along all sidewalks and walking paths/pedestrian
routes.
f.

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Outdoor food and beverage service areas are required to have a permanent barrier
or fence, that is a minimum three feet (3’) tall, enclosing the outdoor seating area. The

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permanent barrier or fence shall be architecturally consistent and appropriate with
the level of finish and appearance of the adjacent retail building.
g. No detached or freestanding signage shall be permitted except as may be allowed by
the City’s Sign Code.
(2) Seasonal Garden Centers and Seasonal Outdoor Displays for Permanent Businesses:
a. Seasonal garden centers, selling outdoor lawn and garden goods and supplies, the
sale of agricultural products, and Christmas tree sales, may be permitted within
appropriately zoned retail properties subject to the provisions contained herein.
b. All proposed seasonal garden centers, temporary agricultural product sales, and other
seasonal outdoor displays must be clearly defined and detailed on a sketch plan and
obtain approval from the Zoning Administrator. Information to be shown on the
sketch plan includes details of product display and storage areas, all proposed tents,
fencing, barriers, and other structures as well as proposed modifications to the site
circulation and parking areas.
c.

Garden centers and outdoor display areas shall be located on a surface paved with
PCC or HMA in accordance with City Code and no more than twenty percent (20%) of
the parking lot or the total parking available on an individual site may be utilized for a
seasonal garden center or seasonal outdoor display. No main drive aisles, as
determined by the City, shall be blocked or closed. The layout shall be designed so to
not create a traffic hazard or congestion and shall allow for the safe and unimpeded
flow of pedestrian traffic, including exiting from the building. A minimum five feet (5’)
of clearance shall be maintained along all sidewalks and walking paths/pedestrian
routes.

d. Garden centers and outdoor display areas shall be located no closer than 15 feet from
any property line or street right-of-way and may not be located within any street or
driveway vision triangle, required buffer, or required open space area.
e. No detached or freestanding signage shall be permitted except as may be allowed by
the City’s Sign Code. All other City Code requirements for seasonal and temporary uses
must be met including obtaining an annual permit and the limitation of the dates of
the installation and operation as contained herein.
f.

Fireworks sales are only permitted in the C-2, M-1, and M-2 zoning districts.

(3) Public Sidewalk Usage (C-3 Zoning District Only): Businesses located within the C-3 zoning
district may place tables, chairs and displays associated with the adjoining business
subject to the provisions of Chapter 165.04, Section H of this code.
F. Outdoor Storage
The outdoor storage of any materials, goods, shipping containers, construction equipment,
trucks or trailers over 30 feet in length, inoperable vehicles, inoperable trucks, other

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inoperable equipment, parts, containers, pallets, construction equipment, debris, or other
materials is prohibited in all zoning districts except where expressly permitted by the Zoning
Regulations. When permitted, outdoor storage is subject to site plan review and approval
and shall comply with the following standards:
(1) Must be located on a surface paved with PCC or HMA in accordance with City Code.
(2) Shall comply with the Open Space, Landscaping and Buffering requirements of the Zoning
Code.
(3) Shall be screened from view from all adjoining public street rights-of-way and all adjoining
residentially developed or zoned properties, schools and similar sensitive uses and
properties.
(4) Shall be enclosed by an opaque fence no less than six (6) feet in height, eight (8) feet for
an industrially zoned property.
G. Loading Docks, Delivery and Service Overhead Doors
In all zoning districts, with the exception of the M-1 and M-2 zoning districts, loading docks
and overhead doors for delivery, distribution and service, including vehicle repair service bay
doors, shall not face a public street. This requirement may be waived by the City Council
upon review of a site plan.
H. Trash and Recycling Collection
The following trash and recycling collection standards shall apply to all sites excluding
agricultural uses, single-family dwellings, two-family dwellings, and townhouse dwellings:
(1) Provisions Required. All buildings and dwellings shall have adequate provisions for the
collection of trash, grease, and recyclable materials with sufficient numbers and locations
of collection containers as determined by the Zoning Administrator, at their sole
discretion.
(2) Screening of Collection Containers. All outdoor trash and recycling receptacles,
dumpsters, and grease collection containers shall be opaquely screened on all sides by
the use of a permanent enclosure, with gates for disposal truck access. The enclosure shall
be constructed of permanent materials such as textured block, split faced concrete block,
brick or stone. Colors shall be compatible with the dominant architectural materials of
buildings on site and shall be integral to a building on site whenever possible. The
enclosure shall be located out of public view and constructed to visibly screen the views
from the adjoining properties.
I.

Equipment Screening
The following equipment screening standards shall apply to all sites excluding agricultural
uses, single-family dwellings, two-family dwellings, and townhouse dwellings:

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(1) All ground mounted and all roof-top building HVAC and mechanical equipment, vents,
piping, roof access ladder, and utility meters shall be screened from view from adjacent
public streets and residential developed or zoned properties.
(2) Required screening shall be accomplished by one or more of the following: landscaping,
screen walls, and building structure.
J.

Exterior Lighting
The following exterior lighting standards shall apply to all sites excluding agricultural uses,
single-family dwellings, and two-family dwellings:
(1) All site and building lighting shall be LED type (light produced via light emitting diodes) of
a soft-white or bright-white light color and quality.
(2) All light fixtures shall be downcast in nature and must possess sharp, cut-off qualities to
limit off-site glare. Wall-pack type light fixtures are prohibited.
(3) In all multi-family, office, commercial, and industrial zoning districts, all parking lot,
building exterior, and site lighting shall be designed, angled, or shielded so as not to glare
or shine onto abutting properties or to cause glare upon the adjoining public rights-ofway.
(4) Buildings and signage may be up-cast or downcast illuminated provided said lighting does
not shine or glare off or past the sign or building wall.
(5) Upon the request of the Zoning Administrator, a photometric plan and cut-sheets of all
light fixtures shall be provided to the City during the site plan and/or building permit
review process to ensure compliance with the regulations of this section.

K. Attached and Free-Standing Drive-Thru Canopies
The following regulations shall apply to all vehicle drive-thru or drive-up canopies, including
bank ATM and teller service canopies, fuel pump island canopies, and restaurant drive-thru
and drive-up canopies.
(1) Canopies shall meet the building setback requirements for the property on which it is
located.
(2) The minimum vertical clearance for all canopies shall be 14 ft.
(3) The maximum height for all free-standing canopies shall be 20 ft.
(4) All structural and supporting columns shall be wrapped in a material consistent with or
complementary to the primary building material of the principal building or buildings
located on the same site. Canopies clad in any architectural metal panel shall consist of
no more than two different colors.
(5) Under-canopy lighting shall be flush mounted.

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L. Medical Cannabidiol Dispensaries and Manufacturing Facilities
The following regulations are in response to the State of Iowa’s Medical Cannabidiol Act, as
adopted on May 12, 2017. Nothing within these regulations herein or elsewhere within the
City’s zoning ordinance shall be construed as an official endorsement or recognition that
medical cannabidiol dispensaries and medical cannabidiol manufacturing facilities are legal
uses as it may pertain to federal law. The intent of these regulations is to address the negative
secondary impacts these uses may create.
(1) The following regulations shall apply to all medical cannabidiol dispensary facilities.
(2) All facilities shall be licensed by the State of Iowa as a medical cannabidiol dispensary and
comply with all State of Iowa rules and regulations for a medical cannabidiol dispensary.
(3) Facilities may only be located on a property that is zoned for such a facility as provided in
the Permitted and Special Uses Table of this Chapter and for which a Special Use Permit
has been approved by the Board of Adjustment.
(4) No facility shall be located within 1,000 feet of any public or private elementary, secondary
or high schools that is in place at the time of application. No facility shall be located within
1,000 feet of residentially property or residentially zoned property that is in place at the
time of application. The distance shall be measured in a straight line from the exterior
walls of the building or portion thereof in which the business is conducted to the property
line of the protected use.
(5) No medical cannabidiol dispensary shall be located within 1,000 feet of any other such
facility as measured in a straight line from the exterior walls of the building or portion
thereof in which the business is conducted.
(6) The hours of operation shall be no earlier than 8:00 a.m. and no later than 8:00 p.m.
(7) All operations shall be contained within an enclosed building, and a medical cannabidiol
dispensary may not be located within a trailer, tent, temporary structure, or motor vehicle.
(8) Vehicle drive-up or drive-thru service is prohibited.
(9) Off-site delivery is prohibited.
(10) No outdoor display of merchandise is allowed, and no outdoor seating shall be permitted.
(11) No facility shall permit any person to consume medical cannabidiol on the facility premises
or property.
(12) No facility shall permit any person not directly affiliated with the facility to loiter on the
facility premises or property.

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(13) There shall be no emission of dust, fumes, vapors, or odors into the environment from the
facility.
(14) Signage for a medical cannabidiol dispensary shall comply with the City’s sign code
regulations. Temporary signage shall be prohibited for medical cannabidiol dispensaries.
(15) All medical cannabidiol dispensaries shall provide for adequate security including
adequate site lighting, a monitored security alarm system with battery back-up power, and
a video surveillance system that at all times records all interior areas and the exterior
perimeter of the premises.
The following regulations shall apply to all medical cannabidiol manufacturing facilities.
(1) All facilities shall be licensed by the State of Iowa as a medical cannabidiol manufacturing
facility and shall comply with all State of Iowa rules and regulations for a medical
cannabidiol manufacturer.
(2) Facilities may only be located on a property that is zoned for such a facility as provided in
the Permitted and Special Uses Table of this Chapter and for which a Special Use Permit
has been approved by the Board of Adjustment.
(3) No facility shall be located within 2,000 feet of any public or private elementary, secondary
or high schools that is in place at the time of application. No facility shall be located within
2,000 feet of residentially property or residentially zoned property that is in place at the
time of application. The distance shall be measured in a straight line from the exterior
walls of the building or portion thereof in which the business is conducted to the property
line of the protected use.
(4) All operations shall be contained within an enclosed building, and a medical cannabidiol
dispensary may not be located within a trailer, tent, temporary structure, or motor vehicle.
(5) No facility shall permit any person to consume medical cannabidiol on the facility premises
or property.
(6) There shall be no emission of dust, fumes, vapors, or odors into the environment from the
facility.
(7) Signage for a medical cannabidiol manufacturing facility shall comply with the City’s sign
code regulations. Temporary signage shall be prohibited for medical cannabidiol
manufacturing facilities.
(8) All medical cannabidiol manufacturing facilities shall provide for adequate security
including adequate site lighting, a monitored security alarm system with battery back-up
power, and a video surveillance system that at all times records all interior areas and the
exterior perimeter of the premises.

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(9) No medical cannabidiol dispensary or medical cannabidiol manufacturing facility shall
occupy a building, begin operation, or otherwise conduct business within the City of
Indianola until such time the proposed facility has received approval of a Special Use
Permit from the Board of Adjustment.
M. Delayed Deposit Services Businesses and Pawnshops
The following regulations shall apply to all delayed deposit services businesses (commonly
known as check cashing, payday lending, or car title loan businesses) and pawnshops.
(1) May only be located on a property that is zoned for such a business as provided in the
Permitted and Special Uses Table of this Chapter and for which a Special Use Permit has
been approved by the Board of Adjustment.
(2) Shall not be located within 1,000 feet of any public or private elementary, secondary or
high schools, residentially property, or residentially zoned property that is in place at the
time of application. The distance shall be measured in a straight line from the exterior
walls of the building or portion thereof in which the business is conducted to the property
line of the protected use.
(3) Shall not be located within 1,000 feet of any other such business as measured in a straight
line from the exterior walls of the building or portion thereof in which the business is
conducted.
(4) The hours of operation shall be no earlier than 8:00 a.m. and no later than 8:00 p.m.
N. Manufactured Homes
(1) Conversion to Real Property. A mobile home or manufactured home that is located
outside a manufactured home community or park 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. Retailer’s Stock. Mobile homes or manufactured homes on private property as part of
a retailer’s or a manufacturer’s stock not used as a place for human habitation.
b. Existing Homes. A taxable mobile home or manufactured home that is located outside
of a manufactured home community or mobile home park as of January 1, 1995, shall
be assessed and taxed as real estate, but is exempt from the permanent foundation
requirement of this chapter until the home is relocated.
(2) Foundation Requirements. A mobile home or manufactured home located outside of a
manufactured home community or home park shall be placed on a permanent frost-free
foundation system that meets the support and anchorage requirements as recommended
by the manufacturer or required by the State Building Code. The foundation system must
be visually compatible with permanent foundation systems of surrounding residential
structures. Any such home shall be installed in accordance with the requirements of the

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State Building Code. Said home shall further comply with the basement requirement for
single-family and two-family dwellings.
(3) Single-Family Residential Building Finish and Form. A mobile home or manufactured
home located outside of a manufactured home community or home park shall have a
pitched roof consistent with the form and style of any single-family homes within 1,000
feet of the lot or parcel on which it is located. The roof and exterior of the mobile home
or manufactured home shall be clad with typical residential siding and roofing materials
such as horizontal, lap style siding and asphalt shingles.

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Indianola Zoning Code Update | Chapter 165.06 Site Plan Regulations

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CHAPTER 165
ZONING REGULATIONS
SECTION 165.06 SITE PLAN REGULATIONS AND PROCEDURES
4.

DESIGN STANDARDS

1.

SITE PLAN REQUIRED

2.

SITE PLAN APPLICATION

A.

General Design Policies

A.

Agricultural Related and Single-Family Dwellings

B.

B.

All Other New Uses, Buildings, and Structures

Storm Water Management, Grading, and Paving
Design Standards

C.

General Provisions

3.

5.

SITE PLAN EXPIRATION

CONDOMINIUM CONVERSIONS
A.

Conversion to Condominium

B.

Application

C.

Recording of Declaration

1. SITE PLAN REQUIRED
Site plans, as provided herein this section, are required prior to approval of a building permit
for the erection, relocation, expansion, or alteration of any structure or for the change in use
of any structure or parcel.
2. SITE PLAN APPLICATION
The following site plans are required for all uses:
A. Agricultural Related and Single-Family Dwellings. New agricultural related uses and
buildings, single-family dwellings, two-family dwellings, conversion of existing singlefamily dwellings into two-family dwellings, accessory dwellings units, and related
additions and accessory structures shall require the following:
(1) Sketch Plan. A Sketch Plan Application is required prior to the construction or erection
of a new building, building addition, fence, accessory structure, or other permitted
structure or improvement.
a. Sketch Plan Application - Each application to the Building Official for a building
permit to construct or erect a new building, building addition, fence, accessory
structure, or other permitted structure or improvement shall be accompanied by
a sketch plan (including required sketch plan details), application form, and any
additional information and details as specified and required by the Zoning
Administrator as necessary to determine compliance with all applicable codes and
requirements including building setbacks and off-street parking requirements.

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b. Sketch Plan Procedure - The Sketch Plan Application shall be reviewed by the
Zoning Administrator, or their designee, for compliance with all applicable City
Codes as part of the review of the corresponding building permit application.
B. All Other New Uses, Buildings, and Structures. All other new uses, buildings,
structures, conversions or changes of use, and related additions and accessory structures
that are not included in Section A herein above shall require the following:
(1) Major Site Plan. A Major Site Plan Application is required for the development of a
property, the construction of a new building or improvement, the redevelopment of
an existing property (including a significant change in use), or an amendment or
change to a previously approved site plan.
a. Major Site Plan Application - A site plan (including required site plan details and
number of copies), application form, and any additional information and details
as specified and required by the Zoning Administrator as necessary to determine
compliance with all applicable codes and requirements shall be submitted to the
Zoning Administrator along with the Major Site Plan Application fee as established
by resolution of the City Council.
b. Major Site Plan Review Procedure - The Major Site Plan Application shall be
reviewed by the Zoning Administrator, or their designee, for completeness.
Incomplete applications shall be returned to the applicant with a list of the missing
items or details. Applications deemed completed shall be distributed to other city
departments and other agencies as necessary for review and comment as to its
compliance with all zoning regulations and other pertinent city codes, regulations,
and policies.
c.

Major Site Plan Review by Zoning Commission - Subsequent to review by the
Zoning Administrator and other city departments and agencies, the Zoning
Administrator, or their designee, shall submit to all members of the Zoning
Commission a copy of the Major Site Plan Application along with a written
recommendation as to the plan’s conformity with the rules and regulations of the
city.

d. The Commission shall subsequently hold a meeting as prescribed by their rules of
procedures and review the Major Site Plan Application for conformity with the
zoning regulations and standards and may confer with the applicant on changes
deemed advisable in such Site Plan.
e. The Commission shall forward its recommendation to the City Council for
approval, approval with conditions, or denial of the Major Site Plan Application
within 45 days of the receipt of a Major Site Plan Applicant deemed complete by
the Zoning Administrator. If the Commission does not act within the 45 days as
prescribed above, the Major Site Plan Application shall be deemed to be
recommended for approved by the Commission unless the applicant agrees to an
extension of time.

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Indianola Zoning Code Update | Chapter 165.06 Site Plan Regulations

f.

Council Draft 05-12-2021

Findings for Approval – In order for the Commission to make a recommendation
for approval of a Major Site Plan, the Commission shall make the following
findings:
i.

The proposed use, site improvements, and site plan comply with the
minimum requirements of the zoning district in which it is proposed to be
located;

ii.

The property is of adequate size to accommodate the proposed use and
site improvements including setbacks, open space, stormwater
management, and off-street parking;

iii.

The proposed use and site improvements will not unduly impact the
health, safety, and general welfare of persons residing or working in
adjoining property or surrounding area;

iv.

The proposed use and site improvements shall not unduly increase traffic
congestion;

v.

The proposed use and site improvements will not unduly burden public
utilities or increase risk to flooding;

vi.

The proposed use and site improvements are compatible with the
surrounding neighborhood and shall not diminish or impair established
property values in adjoining or surrounding property; and,

vii.

The proposed use and site improvements will not endanger, jeopardize or
harm the health, safety or welfare of the properties and the community.

g. Major Site Plan Review by City Council - The City Council, upon receipt of the
recommendation of the Commission, shall either approve, approve with
conditions, or disapprove the Major Site Plan Application. In order for the Council
to approve a Major Site Plan, the Council shall confirm or make the
aforementioned findings in subsection f. herein above.
(2) Minor Site Plan. A Minor Site Plan Application may be submitted to the Zoning
Administrator for minor changes to an existing developed site or to an approved site
plan, including changes to the building elevations and landscape plan or minor
changes in use, provided that all code requirements are met and the following:
i.

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The application does not include a new building, building expansion, or
building addition of more than 2,000 sq. ft., and does not increase the total
building gross floor area of the site by more than 20% of the of the existing
building gross floor area. Both the 2,000 sq. ft. and the 20% expansion
limits for a Minor Site Plan cannot be exceeded by sequential Minor Site
Plans.

Indianola Zoning Code Update | Chapter 165.06 Site Plan Regulations

Council Draft 05-12-2021

ii. The application does not include the expansion or addition of more than
4,000 sq. ft. of paving or impervious area including cumulatively by
multiple Minor Site Plans.
iii. The application does not increase the total number of dwelling units.
a. Minor Site Plan Application - A site plan (including required site plan details and
number of copies), application form, and any additional information and details
as specified and required by the Zoning Administrator as necessary to determine
compliance with all applicable codes and requirements shall be submitted to the
Zoning Administrator along with the Site Plan Application fee as established by
resolution of the City Council.
b. Minor Site Plan Procedure - The Minor Site Plan Application shall be reviewed by
the Zoning Administrator, or their designee, for compliance with all applicable City
Code. In order for the Zoning Administrator to approve a Minor Site Plan, the
Zoning Administrator shall make the following findings:

c.

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i.

The proposed use, site improvements, and site plan comply with the
minimum requirements of the zoning district in which it is proposed to be
located;

ii.

The property is of adequate size to accommodate the proposed use and
site improvements including setbacks, open space, stormwater
management, and off-street parking;

iii.

The proposed use and site improvements will not unduly impact the
health, safety, and general welfare of persons residing or working in
adjoining property or surrounding area;

iv.

The proposed use and site improvements shall not unduly increase traffic
congestion;

v.

The proposed use and site improvements will not unduly burden public
utilities or increase risk to flooding;

vi.

The proposed use and site improvements are compatible with the
surrounding neighborhood and shall not diminish or impair established
property values in adjoining or surrounding property; and,

vii.

The proposed use and site improvements will not endanger, jeopardize or
harm the health, safety or welfare of the properties and the community.

Any application which exceeds the prescribed limitations outlined in this section
shall require a Major Site Plan Application and review by the Zoning Administrator
as prescribed in Subsection a hereinabove.

Indianola Zoning Code Update | Chapter 165.06 Site Plan Regulations

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C. General Provisions.
(1) Nothing contained herein shall be construed to allow the Zoning Administrator to vary
the provisions of any statute, ordinance, City policy, or previous directives of the City
Council.
(2) The Zoning Administrator shall have the discretion to refer any Minor Site Plan
Application to the Zoning Commission and City Council for its review and action.
(3) Whenever any Major or Minor Site Plan application has been denied by the applicable
review authority, no new Major or Minor Site Plan application covering the same
property for a similar use or site improvements shall be submitted or considered by
the applicable review authority until one year shall have elapsed from the date of filing
of the first application, unless the new application is substantially different from the
first application, as determined at the sole discretion of the Zoning Administrator.
(4) The approval or denial of any site plan that is subject to the review and approval of a
Special Use Permit by the Board of Adjustment shall be at the sole discretion of the
Board of Adjustment under their authority to approve or deny any Special Use Permit
application as provided for in Chapter 165.02 of this code.
3. SITE PLAN EXPIRATION
Expiration of Site Plan approval. All site plan approvals shall expire and terminate 24-months
after the date of approval unless a building permit has been issued for the construction
provided for in the site plan. This shall apply to all site plans approved after the date of
adoption of this ordinance. In the event the building permit for the construction provided for
in a site plan expires or is canceled, then such site plan approval shall thereupon terminate.
4. DESIGN STANDARDS
A. General Design Policies. In addition to the specific design standards herein this chapter,
each site plan presented shall comply with the following general design policies. The approval
authority, as specified in this chapter, may refuse to grant approval to a site plan even though
it complies with the specific design standards if, in the opinion of the relevant approval
authority, it does not comply with the general design policies as hereinafter enumerated. Any
site plan presented shall be designed in such a way as to insure the orderly and harmonious
development of property in such a manner as will safeguard the public’s health, safety and
general welfare, as hereinafter set out.
(1) The design of the proposed improvements shall make adequate provisions for surface
and subsurface drainage, for connections to water and sanitary sewer lines, each so
designed as to neither overload existing public utility lines for what they were designed
nor increase the danger of erosion, flooding, landslide or other endangerment of
adjoining or surrounding property.

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(2) The proposed improvements shall be designed and located within the property in such
manner as not to unduly diminish or impair the use and enjoyment of adjoining property,
and to this end shall minimize the adverse effects on such adjoining property from
automobile headlights, illuminations of required perimeter yards, refuse containers and
impairment of natural light and impairment or pollution of air. For the purpose of this
section, the term “use and enjoyment of adjoining property” means the use and
enjoyment presently being made of such adjoining property, unless such property is
vacant. If vacant, the term “use and enjoyment of adjoining property” means those uses
permitted under the zoning districts in which such adjoining property is located.
(3) The proposed development shall have such entrances and exits upon adjacent streets and
such internal traffic circulation pattern as will not unduly increase congestion on adjacent
or surrounding public streets.
(4) To such end as may be necessary and proper to accomplish the standards in Subsections
1, 2 and 3 of this section, the proposed development shall provide fences, walls, screening,
landscaping, erosion control or other improvements.
(5) The proposed development shall conform to all applicable provisions of the laws of the
State of Iowa, and all applicable provisions of this Code of Ordinances.
B. Storm Water Management, Grading, and Paving Design Standards. On approval of a
site plan by the relevant review authority as specified in this chapter, building permits may
be issued, as long as all other requirements of the City, State and County are met, and
construction may commence. In order for the relevant review authority to approve a site
plan application, the following specific design standards must be met:
(1) Storm Water Management Required.
a. Site plans must provide for adequate routing of all storm water run-off including
but not limited to downspout discharge, footing drain discharge and parking lot
runoff.
b. Storm water may not be directed out driveways into the City right-of-way, except
where permitted by the City. Storm water shall be collected and piped to a storm
sewer where a storm sewer is available within 300 feet from the property line. The
storm sewer system’s pipes and intakes shall be capable of conveying runoff from
a five-year recurrence interval storm from the site and tributary upstream areas.
c.

Storm water runoff calculations shall be made utilizing the Soil Conservation
Service methods as presented in Technical Release No. 55, Urban Hydrology for
Small Watersheds, Soil Conservation Service, U.S. Department of Agriculture. The
Zoning Administrator may waive this requirement, provided the area to be
developed is less than 10,000 square feet.

d. Existing overland drainage courses must be maintained and improved to provide
capacity to convey the runoff from a 100-year recurrence interval storm across

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the site. Storm water runoff shall be computed on the basis of a fully developed
drainage basin, using the method prescribed in Paragraph B of this subsection.
No reduction in the required overland drainage course capacity will be made due
to use of storm sewers or storm water detention facilities. Easements for the
overland drainage course must be prepared by the developer and conveyed to
the City.
e. Storm water detention is required for all sites larger than one acre in size, unless
it is determined by the Zoning Administrator to be unnecessary or impractical.
The maximum allowable discharge rate from the storm water detention facility
will be limited to that from a five-year return frequency storm after development
of the site or to the proportionate capacity of existing downstream sewers and
drainageways during a five-year storm which was utilized by the runoff from the
site prior to the development, whichever discharge rate is less. Storm water runoff
and storm water detention facilities shall be determined using the method
prescribed in this subsection. The discharge rate shall be controlled at the
detention facilities outlets and not in the storm sewer size serving the site.
(2) Storm Water Management Plans. Unless otherwise not required as determined by the
Zoning Administrator, a storm water management plan in compliance with this
section shall be included as part of the site plan application. This storm water
management plan shall include storm water calculations certified by an engineer,
architect or landscape architect registered in the State of Iowa and familiar with such
calculations. This plan shall further follow recognized best practices for storm water
management including those outlined in the Iowa Stormwater Management Manual
as prepared by the Iowa Department of Natural Resources.
(3) Grading. To help alleviate erosion and maintenance problems, ground slope should
not exceed 4:1. However, the approval authority may approve a maximum ground
slope of 3:1 for special reasons.
(4) Paving Standards. Parking lots and access drives shall be hard-surfaced, limited to a
maximum slope of six percent in a direction perpendicular to the car. Driveways shall
not exceed a 10 percent slope. Except for the individual driveways for Single-Family,
Two-Family, and Townhouse or Row Dwellings, an integral six-inch Portland cement
concrete (PCC) curb shall be provided along the edges of all parking lots, drive aisles,
loading area, access drives, and driveways. Openings within the required curbing may be
permitted for the purposes of conveying storm water.
a. Where Portland cement concrete pavement is used, the pavement shall comply
with the materials and be constructed in such a manner as to provide an
equivalent finished product as specified in the most current Standard
Specifications for Highway and Bridge Construction, Iowa Department of
Transportation, utilizing a “Class C Concrete” mix Class 2 or 3 durability coarse
aggregate.

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b. Where asphaltic cement concrete pavement is used, the pavement shall comply
with the materials and be constructed in such a manner as to provide an
equivalent finished product as specified in the Standard Specifications for
Highway and Bridge Construction, Iowa Department of Transportation. The
pavement shall utilize nonrecycled virgin material which shall include Type B base
and Type A surface courses and which shall comply with the most current Iowa
Department of Transportation job-mix formula.
c.

Where asphaltic cement concrete is placed on a crushed stone base, the base shall
comply with an approved Iowa Department of Transportation Class A or B crushed
stone base material and gradation.

d. All hard-surfacing shall be constructed on a prepared uniform subgrade
compacted to 95 percent of maximum density (Standard Proctor Density).
e. The parking lot and driveway design shall meet or exceed the following minimum
paving thickness requirements:

Full Depth Asphaltic
Cement Concrete

Asphaltic Cement Concrete Over Crushed Stone Base

Type B Base

Type A
Surface

Crushed
Stone

Type B
Base

Type A
Surface

Portland
Cement
Concrete

3 inches

2 inches

6 inches

0 inches

3 inches

4 inches

Parking Lots More than
50 Stalls Except Loading
Dock or Drive Areas with
Bus or Truck Traffic

3 inches

3 inches

6 inches

0 inches

4 inches

5 inches

Loading Dock Area

NOT ACCEPTABLE

NOT
ACCEPTABLE

Driveway Areas with Bus
or Truck Traffic

6 inches

2 ½ inches

Parking Lot
Parking Lots
50 Stalls or Less

7 inches
6 inches

3 inches

3 inches

6 inches

(5) Equivalent Residential Unit (ERU). Site plans shall calculate the ERU for each site. Less
than or equal to 3,400 square feet of impervious surface area shall be one (1) ERU,
and each additional 340 square feet of impervious area shall be an additional 0.1 ERU.
5. PRIVATE UTILITIES
All private underground utility lines and pipes installed after the date of this ordinance shall
include a tracer line to facilitate above-ground locating.
6. CONDOMINIUM CONVERSIONS
A. Conversion to Condominium. In order to protect the health, safety, and welfare of the
building occupants and to ensure compliance with the City of Indianola’s rules and
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regulations, all conversions to a Condominium or to a Multiple Housing Cooperative are
required to comply with the Zoning Regulations and Building and Fire Codes adopted by
the City of Indianola.
The conversion of any building or portion thereof to a horizontal property regime or to a
multiple housing cooperative shall be treated as a change of occupancy for the building(s)
and parcel or lot, requiring both site plan review and approval and review and approval
of a new certificate of occupancy.
B. Application. Any person or entity seeking to establish a horizontal property regime or
multiple housing cooperative by establishing a horizontal property regime pursuant to
Iowa Code 499B or by establishing a multiple housing cooperative pursuant to Iowa Code
499A shall establish and document compliance with the following, by filing a minor site
plan application and a request of a new certificate of occupancy and obtaining
subsequent approvals from the Zoning Administrator and Building Official:
(1) That all materials, manner and means of construction in the proposed building meet
current building codes for new residential construction including current fire, building,
plumbing, electrical, mechanical, energy conservation, and post construction storm
water management codes.
(2) That the building and site meet all requirements of the zoning ordinance that would
be required for new residential construction.
(3) That the building and site meet all requirements for handicapped accessibility that
would be required for new residential construction.
(4) That separate utility services, with separate metering, be provided to each dwelling
unit that would be required for new residential construction.
C. Recording of Declaration. At least sixty (60) days before a declaration or other
instrument establishing a horizontal property regime pursuant to Iowa Code 499B or
establishing a multiple housing cooperative pursuant to Iowa Code 499A ("declaration")
is to be recorded in the office of the County Recorder, any person or entity shall file a
minor site plan application for approval from the Zoning Administrator and Building
Official. In addition to the site plan application, the applicant shall file the following:
(1) A site plan, building plans and code analysis demonstrating compliance with the
provisions addressed above.
(2) A copy of the declaration or other instrument consistent with Iowa Code 499A or 499B.
The declaration shall not be recorded unless a certificate of occupancy for the proposed
building has been issued by the City.

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Indianola Zoning Code Update | Chapter 165.07 Off-Street Parking

Council Draft 05-12-2021

CHAPTER 165
ZONING REGULATIONS
SECTION 165.07 OFF-STREET PARKING REGULATIONS
1.

STATEMENT OF INTENT

2.

OFF-STREET LOADING AND PARKING SPACES
REQUIRED
A.

Off-Street Loading Spaces

B.

Off-Street Parking Spaces

3.

PARKING AREA DESIGN STANDARDS
A.

Access and Driveways

B.

Setbacks

1. STATEMENT OF INTENT
It is the intent of this article to prevent traffic congestion and to provide for proper traffic
safety by preserving the public thoroughfares for the unimpaired movement of pedestrian
and vehicular traffic. In all districts, there shall be provided at the time any new building or
structure is erected, off-street parking spaces in accordance with the requirements set forth
herein. The requirements of this Article are minimum standards, and in certain uses these
requirements may be inadequate. Where review of the site plans and intended land use
indicate through the application of proven standards or experienced statistics that the
requirements herein are inadequate for the specific land use adaptation, a greater
requirement for off-street parking may be required to preserve the intent of this ordinance.
2. OFF-STREET LOADING AND PARKING SPACES REQUIRED
A. Off-Street Loading Spaces
(1) In any district, in connection with every building or part thereof hereafter erected, having
a gross floor area of 10,000 square feet or more, which is to be occupied by manufacturing,
storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital,
mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution
by vehicles of material or merchandise, there shall be provided and maintained on the
same lot with such building, at least one off-street loading space plus one additional such
loading space for each 20,000 square feet, or major fraction thereof, of gross floor area,
so used, in excess of 10,000 square feet.
(2) Each loading space shall be not less than 12 feet in width and 40 feet in length.
(3) Such space may occupy all or any part of any required rear or side yard, except where
adjoining a residentially zoning property, and shall be setback and screened as required
within this chapter and elsewhere within the Zoning Regulations.

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(4) All loading yards and access drives to loading yards and loading docks shall be paved with
asphaltic or Portland cement concrete pavement in accordance with surfacing
requirements set forth in this section.
B. Off-Street Parking Spaces
(1) All parking and storage of vehicles, trailers, recreational vehicles, campers, boats and
similar recreation equipment shall occur only upon paved surfaces designed and
constructed per the regulations contained herein this Chapter. Unlicensed or inoperable
vehicles and equipment shall not be stored outside unless part of an approved storage
area on a property located within the M-1 or M-2 zoning districts. In all zoning districts
space for parking and storage of vehicles and trailers shall be provided in accordance with
the Off-Street Parking Required Table and the standards contained herein this Chapter.
Required off-street parking facilities shall be primarily for the parking of private passenger
automobiles of occupants, patrons, or employees of the principal use served.
(2) Off-Street Parking Required Table: The following table identifies the minimum number of
parking spaces required for the specified use. The intent of these standards is to provide
the appropriate number of parking spaces on site for the given use and to accommodate
changes in uses over time. No off-street parking shall be required in the C-3 Zoning
District. At the discretion of the Zoning Administrator, the City may require the amount of
parking required for a site be based on the parking standards contained within the latest
edition of the ITE Parking Generation manual or by an alternative parking study and
analysis.

OFF-STREET PARKING SPACES REQUIRED
USE

NUMBER OF PARKING SPACES REQUIRED

RESIDENTIAL USES
Household Living
Single family dwelling, detached

2 per dwelling unit

Single family dwelling, semi-detached

2 per dwelling unit

Two family dwelling

2 per dwelling unit

Townhouse dwelling (3+ units)

2 per dwelling unit

Multiple family dwelling

1 per bedroom

Manufactured home park

2 per dwelling unit

Accessory dwelling

2 per dwelling unit

Dwelling units located above the ground floor (mixed use
building)
Group Living

1 per bedroom
1 per 4 residents plus 1 per employee at max shift

Family home / Group care facility

"

Elder group home

"

Assisted living residential facility

"

Nursing or convalescent home

"

Supervised group residence

"

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OFF-STREET PARKING SPACES REQUIRED
USE

NUMBER OF PARKING SPACES REQUIRED

PUBLIC AND CIVIC USES
College, university, or vocational school

Cultural exhibit, museum, or library
Membership or religions organization, social club or lodge,
and other place of public assembly
Public or private elementary, middle, or high school
Public or private golf course, golf driving range, country club,
swimming pool, and indoor or outdoor recreational facilities
and fields
Public Utilities (not including gas and electrical power
distribution stations, storage or maintenance yards or
buildings)
Government buildings and properties
Hospital

1 per 4 student desks or seats at max capacity plus 1 per
employee at max shift, additional parking required for
stadium/theater type facilities and dorms/student
housing
1 per 300 sq. ft. GFA, additional parking required for
classroom, meeting space, and theater type facilities
1 per 4 seats at max capacity in the main assembly area
1 per 4 student desks or seats at max capacity plus 1 per
max number of employees concurrently on site
4 spaces per hole or driving range tee, parking required
for restaurant and meeting spaces
1 per employee at max shift
1 per 200 sq. ft. GFA
3 per bed

COMMERCIAL USES
Animal services
Kennel (including day kenneling)

1 per 400 sq. ft. GFA

Veterinary services (without overnight kenneling)

1 per 200 sq. ft. GFA

Art gallery
Banks and financial services
Body piercing studio or tattoo studio
Child Care Center
Construction sales and service, contractor office, office for
plumber, electrician, HVAC service or similar use
Eating and drinking establishment
Restaurant (including fast food restaurants, coffee shops,
and ice cream shops)
Micro-brewery, micro-distillery, or winery with on-site
tasting/sampling and sales
Tavern / Bar

1 per 250 sq. ft. GFA
1 per 250 sq. ft. GFA plus 3 vehicle queuing spaces per
drive-up or ATM lane
1 per 250 sq. ft. GFA
1 per employee at max shift plus 1 per 10 children
1 per 250 sq. ft. GFA

1 per 150 sq. ft. GFA plus 10 vehicle queuing spaces per
drive-up lane
1 per employee at max shift plus 1 per 150 sq. ft. of
patron space
1 per 100 sq. ft. GFA

Entertainment
Movie theater, performance hall, performing arts studio

1 per 4 seats

Indoor: waterpark, miniature golf, bowling, video game
arcades, commercial driving range, go-carts, trampoline
park, playground play space or similar use

1 per 4 persons at max capacity

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OFF-STREET PARKING SPACES REQUIRED
USE

NUMBER OF PARKING SPACES REQUIRED

Outdoor: drive-in theater, waterpark, miniature golf,
commercial driving range, go-carts, trampoline park,
playground play space or similar use

1 per 4 persons at max capacity

Funeral and interment services
Lodging

1 per 250 sq. ft. of office space plus 1 per 4 seats at max
capacity
1 per bedroom

Bed and breakfast inn

1 per bedroom

Boarding or rooming house

1 per bedroom

Extended stay or apartment hotel

1 per bedroom

Hotel or motel

1 per bedroom

Short-term rental

1 per bedroom

Medical or dental clinic, pediatrician's office, outpatient
surgery center, medical testing center, or similar use
Mini warehouse or self-storage facility

1 per 250 sq. ft. GFA
1 per 20 storage units or spaces plus 1 per employee at
max shift

Motor vehicle and motor equipment-oriented businesses
Automobile service center (auto parts sales)

2 per service bay plus 1 per employee at max shift

Automotive washing, car wash (auto, manual, or
attended), does not include truck or trailer washing or
trailer washout

1 per employee at max shift plus 5 vehicle queuing
spaces per wash bay or wash bay lane

Gas station or service station with minor repair and
services (brakes, batteries, tires, oil changes), including
the dispensing of liquified propane

1 per 250 sq. ft. GFA of retail space plus 2 per service bay
plus 1 per employee at max shift

Major motor vehicle repair (painting, body, fender, frame,
transmission, engine overhaul)

2 per service bay plus 1 per employee at max shift

Automobile sales, rental, storage lot, and off-street
parking

1 per 250 sq. ft. GFA plus 1 per 2,000 sq. ft. of outdoor
display area, plus 1 per employee at max shift

Automobile, truck and equipment auction facilities

1 per 250 sq. ft. GFA plus 1 per 2,000 sq. ft. of outdoor
display area, plus 1 per employee at max shift

Recreational vehicle, camper, boat, motorcycle,
snowmobile, golf car, and similar sales, lease, and rental
and ancillary repair and maintenance

1 per 250 sq. ft. GFA plus 1 per 2,000 sq. ft. of outdoor
display area, plus 1 per employee at max shift

Light equipment sales, rental, or repair service

1 per 250 sq. ft. GFA plus 1 per 2,000 sq. ft. of outdoor
display area, plus 1 per employee at max shift

Heavy equipment sales, rental or repair service

1 per 250 sq. ft. GFA plus 1 per 2,000 sq. ft. of outdoor
display area, plus 1 per employee at max shift

Truck Stop, not including trailer washout

1 per 250 sq. ft. GFA plus 1 pe 5,000 sq. ft. of lot area

Personal and consumer service
Beauty salon, barbershop

1 per 250 sq. ft. GFA

Dry cleaner and laundry service

4 plus 1 per employee at max shift plus

Laundry (self-serve laundromat)

1 per 250 sq. ft. GFA

Fitness center, gym, health spa

1 per 150 sq. ft. GFA

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Indianola Zoning Code Update | Chapter 165.07 Off-Street Parking

Council Draft 05-12-2021

OFF-STREET PARKING SPACES REQUIRED
USE
Tailor
Print shop, copy center, retail shipping store
Professional Office (corporate, law, engineering, architecture,
real estate, insurance, accounting, bookkeeping or similar
use)
Television and radio broadcast studio, offices, and production
facilities
Retail sales (grocery store, pharmacy/drug store, office
supplies store, bakery, clothing or department store, and
similar retail use)

NUMBER OF PARKING SPACES REQUIRED
1 per 250 sq. ft. GFA
1 per 250 sq. ft. GFA
1 per 250 sq. ft GFA
1 per 250 sq. ft GFA

1 per 250 sq. ft. GFA

Retail sale - intensive uses including multi-tenant commercial
centers

1 per 250 sq. ft. GFA

Convenience store with fuel sales

1 per 250 sq. ft. GFA

Sexually oriented business

1 per 250 sq. ft. GFA

Spectator sports

1 per 4 seats at max capacity

Sports and recreation, participant

1 per 4 seats at max capacity

INDUSTRIAL USES
Animal feedlots, processing of animals or animal by-products
Electrical power generation (utility scale for off-site use,
distribution, or sale)
Manufacturing, production and industrial services

1 per employee at max shift
1 per employee at max shift
1 per 1,000 sq. ft. GFA

Repair service

1 per 250 sq. ft. GFA

Research laboratory and testing

1 per 1,000 sq. ft. GFA

Storage of equipment, data and records, electronic data
center, furniture and similar

1 per 10,000 sq. ft. GFA or 1 per employee at max shift,
whichever is greater

Trucking/freight terminal

"

Wholesale fuel storage, sales, or distribution

"

Warehousing and wholesaling (outdoor storage limited to
licensed and operable trailers, trucks, power equipment, and
shipping containers)
Waste related use

"
1 per employee at max shift

OTHER USES
Agricultural uses

1 per employee at max shift

Boarding stables and riding schools

1 per employee at max shift

Gas and electrical power distribution station

1 per employee at max shift

Mining operation, sand and gravel extraction or processing,
gas or oil well, or similar mineral or earth resource extraction
Wireless facility

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1 per employee at max shift
1 per employee at max shift

Indianola Zoning Code Update | Chapter 165.07 Off-Street Parking

Council Draft 05-12-2021

(3) Calculating of Parking Required. In computing the number of parking spaces required, the
following rules shall govern:
(1) Uses Not Specifically Mentioned. In the case of any building, structure or premises,
the use of which is not specifically mentioned herein, the provisions for a use which is
so mentioned, and to which said use is similar, shall apply.
(2) Unknown Uses. Where new buildings are proposed but the owner or developer does
not wish to designate the type of use that will occupy the building, the most intensive
use possible (recognizing the use imitations of the zoning on the property) shall
determine the parking requirements.
(3) Fractional Spaces. Any space 0.5 or more shall be considered a whole space.
(4) Seating Capacity. When the unit of measurement determining the number of required
parking spaces is based upon the seating capacity of a structure or use, each 24 inches
of pew, bench or other seating shall count as one seat.
(5) Employees. When the unit of measure determining the number of required parking
spaces is based on the number of employees, the maximum shift or employment
period during which the greatest number of employees is present at the structure or
use shall be used in the computation.
(6) Two or More Different Uses. If a building contains two or more differing uses, the
parking requirement shall be determined by the addition of the parking requirements
for each use. This calculation may be modified at the discretion of the Zoning
Administrator.
(4) Accessibility parking. Accessibility parking (handicapped parking) shall be provided in
accordance with State and Federal law requirements, the Statewide Urban Design and
Specifications (SUDAS) as maintained by the Institute for Transportation at Iowa State
University, and provided spaces shall count towards the total parking requirement.
(5) Gross Floor Area. The term "gross floor area" (GFA) means the area included within the
exterior walls of a building or portion thereof, exclusive of vent shaft and courts and any
portion of a structure above or below ground used for off-street parking, loading areas,
or mechanical equipment.
(6) Off-Site Parking. Off-street parking areas for residential uses shall be provided on the
same lot. Non-residential uses may be permitted off-site parking areas at the discretion
of the Zoning Administrator.
(7) Garages and Structured Parking. Each parking space within a residential garage that is
directly connected to an individual dwelling unit may count towards the fulfillment of the
parking space requirement. In all other situations, each parking space within a residential
garage or parking structure shall count as 0.5 (one-half) of a parking space for the
purposes of calculating the fulfillment of the parking space requirement.

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Indianola Zoning Code Update | Chapter 165.07 Off-Street Parking

Council Draft 05-12-2021

(8) Tandem Parking. Tandem parking spaces, defined as a parking space that is only accessed
by passing through another parking space from a street, lane, drive aisle or driveway, are
not permitted and shall not be counted towards the fulfillment of the parking space
requirement except when within the individual driveway of a single-family residence or
manufactured home, within the individual driveway that is directly in front of a garage that
is connected to an individual townhome or apartment unit, or within a parking facility
when an attendant is on duty during the hours when the facility is being used. The
minimum required depth of a tandem parking space is 20-feet.
(9) Alternate Calculations and Deferrals. At their full discretion, the Zoning Administrator may
approve an alternate method for calculating the required parking for a given site including
credit for shared parking between off-peak uses and parking shared at multi-tenant retail
centers. The Zoning Administrator may further defer the construction of required parking
to a date certain, as part of a future phases, or upon determination of need. Deferred
parking must be identified upon the site plan and accommodated as part of the site plan
design including storm water management.
(10) Bicycle Parking. Every building greater than 5,000 square feet in gross floor area that
contains a retail or office use shall provide or have access to a shared or common bike
parking facility, such as a bike rack or bike lock boxes or an indoor bike storage area.
3. PARKING AREA DESIGN REQUIREMENTS
Every lot or parcel of land hereafter used as a public or private parking area, including a
commercial parking lot, shall be developed and maintained in accordance with the following
requirements. At the discretion of the Zoning Administrator, any design standard contained
herein may be superseded by the standards contained in the Statewide Urban Design and
Specifications (SUDAS) as maintained by the Institute for Transportation at Iowa State University.
A. Access Drive and Driveways.
An access drives (or driveway) is required to provide access to all off-site parking areas and to
any garage.
(1) Location and Spacing. All access drives, driveways, driveway approaches shall be located
and designed according to the standards as established in this Chapter and elsewhere
within City Code.
(2) Width. The widths of all driveway approaches shall comply with the standards as
established in the City Code. The widths of all access drives and driveways shall comply
with the following:
a. Single Family, Two-Family, and Townhouse or Row Dwellings where each individual
unit directly fronts on a public or private street, all driveways shall be no less than 8feet wide and no greater than 24-feet wide or the width of the garage opening(s) that
face the street. One additional wing-style parking space no greater than 10-feet in

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Indianola Zoning Code Update | Chapter 165.07 Off-Street Parking

Council Draft 05-12-2021

width may be added to the edge of a driveway. Driveway tapers, as may be necessary
to transition the driveway to meet the maximum allowable driveway width as
measured at the right-of-way line, shall begin no less than 10-feet from said right-ofway line. The design of the driveway apron within the public street right-of-way shall
be in accordance with the design standards as established by the City.
b. All other access drives and driveways shall be a minimum 24-feet wide for two-way
drives and 16-feet wide for one-way drives.
(3) Parking lot interconnections required. In order to provide mutually beneficial cross
circulation and access, the parking lots for adjoining similar commercial and office uses
shall be interconnected unless impractical due to topography or other physical constraints
of either site.
(4) Paving. All driveways, access drives, and off-street parking and loading areas shall be
paved with hot mix asphalt (HMA), Portland cement concrete (PCC), or pavers (including
permeable pavement and paver systems). The design and construction of said pavement
or pavers shall be of sufficient thickness, reinforcement, and sub-base necessary to
provide a durable, dustless surface designed and rated for the traffic it is anticipated to
carry. All paved areas shall be so graded and drained as to dispose of all surface water
accumulation within the area and shall be so arranged and marked as to provide for
orderly and safe loading or unloading and parking and storage of self-propelled vehicles.
No vehicles or trailers shall be parked or storage upon an unpaved surface except as may
be permitted within a designated and approved outdoor storage area. See Chapter
165.06, Section 4 for specific design standards.
(5) Curbing. Except for the individual driveways for Single-Family, Two-Family, and
Townhouse or Row Dwellings, an integral six-inch Portland cement concrete (PCC) curb
shall be provided along the edges of all parking lots, drive aisles, loading area, access
drives, and driveways. Openings within the required curbing may be permitted for the
purposes of conveying storm water. Prefabricated curbs or wheel stops are prohibited
unless specifically approved by the Zoning Administer at their discretion.
(6) Sidewalks. Sidewalks shall be required as necessary to connect parking areas to the
building entrances. In addition, at least one sidewalk connection shall be made to the
public sidewalk. All sidewalks shall be a minimum 5-feet in width. Sidewalk adjoining
parking stalls shall be widened a minimum 2-feet in width as necessary to accommodate
vehicle overhang.
(7) Parking Lot Markings and Traffic Control Signage. Parking lots, drive aisles, and driveways
shall be marked and signed per the standards within the Manual on Uniform Traffic
Control Devices (MUTCD). The location of each parking space shall be identified by surface
markings or other effective means and shall be maintained so as to be readily visible at all
times.

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Indianola Zoning Code Update | Chapter 165.07 Off-Street Parking

Council Draft 05-12-2021

(8) Maintenance Required. All paved areas shall be properly maintained at all times, including
pavement markings and traffic control signage, to permit the safe access of the site by
customers, visitors, and emergency services.
(9) Parking Lot Dimensional Standards. All parking spaces shall be provided in accordance
with the SUDAS design standards and the following requirements. Should a conflict
between these standards arise, the more restrictive standard shall be applied.
The standard-size parking space or stall shall be at least 9 feet wide and 19 feet long. The
length of the parking stall may be reduced by up to two-feet when overhanging open space
or a sidewalk that is not less than 7-feet in width.
Required Parking Stall Dimensions
Degree of
Angle

Stall width

Stall length

0 (Parallel)

10.0 feet

23 feet

30

9.0 feet

34 feet

45

9.0 feet

28 feet

60

9.0 feet

24 feet

90

9.0 feet

19 feet

At the discretion of the Zoning Administrator, alternate parking stall dimensions may be
approved for structured parking.
B. Setbacks.
(1) No parking or loading area shall be constructed within a required buffer.
(2) Parking is prohibited within the required parking lot setback areas. However, parking is
permitted upon the individual driveway of a Single Family, Two-Family, or Townhouse or
Row Dwelling, provided no vehicle or trailer overhangs, crosses, or encroaches upon a
sidewalk or street right-of-way.

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Indianola Zoning Code Update | Chapter 165.07 Off-Street Parking

Council Draft 05-12-2021

(3) Parking Setback Table. The following table identifies the setback requirements for all
parking and loading areas. All setbacks are measured from edge of paving.
OFF-STREET PARKING AND LOADING AREA SETBACK TABLE
ZONING DISTRICT
REQUIRED SETBACKS

A-1

R-1

R-2

R-3

R-4

C-1

C-2

C-3

M-1

M-2

Front Yard Setback

30 ft

30 ft

30 ft

30 ft

30 ft

15 ft

15 ft

5 ft

15 ft

15 ft

Side Yard Setback¹

10 ft²

10 ft²

10 ft²

10 ft²

10 ft

10 ft

10 ft

5 ft

10 ft

10 ft

Rear Yard Setback³

10 ft

10 ft

10 ft

10 ft

10 ft

10 ft

10 ft

10 ft

10 ft

10 ft

¹No side yard setback required between adjoining parcels that share a driveway or have interconnected parking lots.
²Side yard setback is 1 ft for individual driveways of Single Family, Two-Family, and Townhouse or Row Dwellings.
³Rear Yard Setback is required from any alley line. A 20 ft setback is required for garages that face an alley.

Page 10 of 10

Indianola Zoning Code Update | Chapter 165.08 Open Space, Landscaping

Draft 05-12-2021

CHAPTER 165
ZONING REGULATIONS
SECTION 165.08 OPEN SPACE, LANDSCAPING AND BUFFERING
6.

PLANT MATERIALS STANDARDS

1.

STATEMENT OF INTENT

2.

APPLICABILITY

A.

Plant Materials

3.

DEFINITIONS

B.

Existing Trees and Tree Preservation Credit

4.

OPEN SPACE AND LANDSCAPING REQUIRED

5.

7.

REVIEW AND APPROVAL PROCESS

A.

Open Space

A.

Plan Approval Required

B.

Landscaping

B.

Plan Submittal Requirements

BUFFERING

C.

Final Approval

A.

Buffers Required

D.

Modifications

B.

Burden of Providing a Required Buffer

E.

Nonconformities

C.

General Buffer Provisions

D.

Buffer Options

8.

MAINTENANCE AND REPLACEMENT
A.

Maintenance

B.

Replacement

1. STATEMENT OF INTENT
Landscaping and landscaped open spaces provide multiple benefits including energy
conservation, increased property values, and an enhanced aesthetic quality throughout the
City. Combined, these benefits promote the health and general welfare of the citizens of
Indianola. The purpose of this Chapter is to establish minimum standards to achieve the
following objectives: preservation of existing vegetation and topsoil; protection of water
quality and wildlife habitat; reduction of heat generated from paved surfaces, buffering of
incompatible land uses and screening negative site elements; and, enhancement of the
overall appearance and natural beauty of the community.
2. APPLICABILITY
These regulations shall apply to new development, the redevelopment of existing sites, all
site modifications including building additions and expansions, new parking lots and paved
area expansions, and the subdivision of land within all zoning districts.
The approval authority can approve alternative landscaping standards in order to address
special or unique circumstances provided the overall intent of this section is met.

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Indianola Zoning Code Update | Chapter 165.08 Open Space, Landscaping

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3. DEFINITIONS
The following terms are defined for this chapter:
A. Deciduous Ornamental Tree. A deciduous tree (often an ornamental type tree) that reaches
a mature height of less than 30 feet.
B. Deciduous Shade Tree. Defined as a deciduous tree with one vertical stem or trunk which
begins branching at a height of six (6) feet or more and has a distinct crown that reaches a
mature height of at least 30 feet.
C. Evergreen / Coniferous Tree. Defined as a tree that has needle-shaped or scale like leaves
that remain green throughout the year; commonly referred to as pine, fir, and spruce trees.
These trees generally reach a mature height of over 25 feet.
D. Invasive Plant Species. A plant reproducing outside its native range and outside cultivation
that disrupts naturally occurring native plant communities by altering structure, composition,
natural processes or habitat quality. Invasive plants are those plants recognized by the Iowa
Department of Natural Resources (Iowa Code; Chapter 317.1A Noxious weeds).
E. No Mow and Low Maintenance Grasses. Defined as cultivated grasses that do not grow
taller than 12 inches or require limited mowing to maintain a height of 12 inches or less.
F. Open Space. Any area not covered by a building, structure, parking lot, loading area,
driveway, or other similarly paved area. Open space may include sidewalks, trails, pedestrian
plazas and patios, and landscaped parking lot islands.
G. Ornamental Grasses. Defined as tall perennial grasses, generally over 24-inches at mature
height, that are specifically grown and cultivated for their decorative properties. Most of the
commonly used ornamental grasses are non-native, introduced species such as: Feather Reed
Grass, Blue Oat Grass, Silvergrass, and Fountain Grass.
H. Prairie Grass Plantings. Native grasses and forbs (flowering plants) found within the native
prairie environment typical for the area prior to clearance and cultivation of the land by
European settlers. For the purposes of this Chapter, prairie plantings may contain native
grasses without forbs to simplify prairie plant installation and maintenance.
I.

Turf Grass. A continuous plant coverage consisting of a grass species that is mowed or
maintained at an established height of 6 inches or less and can include native and non-native
vegetation, e.g., Kentucky Blue Grass, Perennial Ryegrass, Tall Fescue, Fine Fescue, Buffalo
Grass.

4. OPEN SPACE AND LANDSCAPING REQUIRED
A. Open Space. All sites shall provide no less than the minimum amount of landscaping as
required for each zoning district.

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Indianola Zoning Code Update | Chapter 165.08 Open Space, Landscaping

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B. Landscaping.
(1) Ground Cover. All area unencumbered by buildings, paving or hard-surfaced, shall be
landscaped with turf grass, prairie grass plantings, plant beds, shrubs, and trees. No mow
and low maintenance grasses should not be utilized within the street rights-of-way, within
parking lots, and within the front yard area of any site and should be restricted to low
traffic and low visibility areas or larger areas within a site intended to be preserved and
maintained as a more natural area.
(2) Use of Mulch. Except for single-family and two-family dwellings, wood-based mulch shall
be used around all plantings and in all plant beds. Large areas of wood mulch that do not
contain plantings shall not be permitted except when used around play structures.
Inorganic ground cover material, including rock, chip brick, and synthetic turf (unless part
of a designated sport field or play surface), is prohibited except along building
foundations, around drainage structures, and in other limited applications as may be
deemed acceptable by the Zoning Administrator.
(3) Minimum Open Space Landscape Requirements. The following minimum open space
plantings shall be required for all sites except for except for single-family and two-family
dwellings. Each single-family and two-family dwellings constructed after the adoption of
this ordinance shall be required to plant two (2) trees (ornamental or shade) and four (4)
shrubs per lot or unit prior to the issuance of an occupancy permit.
a. One (1) deciduous shade tree, two (2) deciduous ornamental trees, and two (2) shrubs
shall be planted for every 2,000 square feet of required open space. However, the
minimum required landscape for all sites shall be no less than one (1) deciduous shade
tree, two (2) deciduous ornamental trees, and two (2) shrubs.
b. This landscaping is in addition to landscaping required for parking lot landscaping and
open space plant materials shall not count towards the fulfillment of any other
landscaping requirement.
(4) Off-Street Parking, Driveways and Loading Areas. The following standards shall apply to
all off-street parking and loading areas with ten (10) or more parking stalls or with more
than 2,500 square feet of paved area. Off-street and loading area required plant materials
shall not count towards the fulfillment of any other landscaping requirement.
a. Parking Lot Design.
i.

All rows of parking shall be terminated with a curbed landscaped island that is a
minimum nine (9) feet wide and no less than 16 feet in length (32 feet in length for
head-to-head parking stalls).

ii.

No off-street parking or loading area shall be more than 100 feet from a deciduous
shade tree located within a landscaped open space area.

iii. Sidewalks that abut the front edge of any parking stall shall be no less than seven
(7) feet wide to accommodate a two (2) feet vehicle overhang.

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Indianola Zoning Code Update | Chapter 165.08 Open Space, Landscaping

Draft 05-12-2021

b. Landscaping Required.
i.

All parking lot islands shall be landscaped with a combination of turf grass, prairie
grass plantings, plant beds, shrubs, and trees.

ii.

Rock, chip brick, pavers, pavement and similar hard surfacing shall not be
permitted within a parking lot island. Sidewalks may be constructed within a
parking lot island as necessary to accommodate pedestrian circulation.

iii. No less than one (1) deciduous shade tree shall be planted within each required
landscaped island.
c.

Parking Lot Screening.
i.

Whenever an off-street parking area fronts along a public street an average of one
(1) deciduous shade tree and two (2) deciduous ornamental trees shall be planted
every 50 feet within the parking lot setback area.

ii.

Additionally, a minimum three (3) foot tall vehicle headlight screen shall be
installed between the parking lot and the adjoining street. This screen can be
constructed with any combination of prairie plantings, shrubs, ornamental
grasses, earth berming, and low masonry walls.

5. BUFFERING
A. Buffers Required. Buffers are required, as provided in this Chapter, for the following
conditions. Properties separated by a public street right-of-way are not considered adjoining
for the purposes of this section.
(1) Between any residentially zoned or developed property and any adjoining commercial,
office, or industrial uses.
(2) Between any single-family residentially zoned or developed property and any multi-family
residential use.
(3) Between any commercial or office zoned or developed property and any industrial use.
(4) Double Frontage Lots. Any proposed single-family residential lot that has both its front
and rear lines abutting a street shall have a buffer from the street along its rear yard. No
fences or structures shall be permitted within this buffer and the rear yard building
setback shall be measured from the buffer yard line.
B. Burden of Providing a Required Buffer. The burden of constructing and maintaining a
required buffer shall be determined as follows:
(1) In the case of a buffer required between two (2) undeveloped properties, the property
with the more intensive zoning shall be burdened with the buffer requirements.

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Indianola Zoning Code Update | Chapter 165.08 Open Space, Landscaping

Draft 05-12-2021

(2) In the case of a buffer required between an undeveloped and a developed property, the
property proposing the development shall be burdened with the buffer requirements.
(3) In the case of a buffer required between a property proposed for redevelopment and a
developed property, the property proposed for redevelopment shall be burdened with
the buffer requirements.
(4) Two properties may agree to transfer or share the burden of a required buffer.
C. General Buffer Provisions.
(1) All building and parking lot setbacks shall be measured from the closest edge any required
buffer yard.
(2) No structures or parking lots or loading areas may be permitted within a required buffer.
Fences, sidewalks, and trails may be permitted within a required buffer except that no
fence may be constructed within a buffer that fronts along a street.
(3) Buffer plantings should be in small groupings to appear more natural versus evenly
spaced in a line.
(4) Earth berming required within a buffer may vary and undulate to accommodate drainage
and to provide a more nature appearance.
D. Buffer Options. The following buffer options may be utilized to meet the buffering
requirements of this chapter, unless an alternate standard is established by the Board of
Adjustment as a condition for approval of a Special Use Permit conditional use or by the City
Council as a condition of a rezoning or site plan approval to mitigate conditions that may
otherwise be detrimental to adjoining residential properties.
(1) 30-Foot Wide Buffer.
a. Minimum Width: 30 feet.
b. Landscape Requirements: For every 25 linear feet of required buffer a minimum of 1overstory tree, 2-evergreen trees, and 6-shrubs shall be planted.
c.

Earth Berming: three (3) foot tall.

(2) 60-Foot Wide Buffer.
a. Minimum Width: 60 feet.
b. Landscape Requirements: For every 25 linear feet of required buffer a minimum of 1overstory trees, 1-evergreen trees, and 3-shrubs shall be planted.
c.

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Earth Berming: three (3) foot tall.

Indianola Zoning Code Update | Chapter 165.08 Open Space, Landscaping

Draft 05-12-2021

(3) Buffer Reduction. Should the burden of a buffer requirement cause a property to become
practically undevelopable, at the sole discretion of the Zoning Administrator, the width of
a required buffer may be reduced in lieu of the installation of additional landscaping, a
minimum six (6) foot tall privacy fence or masonry screen wall, and other measures
necessary to mitigate the impact on the property to be buffered.
6. PLANT MATERIALS STANDARDS
A. Plant Materials. All plants shall be of the type and species appropriate for the climate and
location being planted. All plant material shall be commercially produced and meet the
minimum standards recognized by landscape professionals.
(1) To reduce the threat and impact of plant disease, multiple plant types and species shall
be utilized on each site.
(2) No less than 50% of the plant material on an individual site shall be species native to Iowa.
(3) Ornamental and prairie grass plantings must be appropriate in size, scale, quantity, and
type for the location they are being placed so not to appear unkept or encroach walkways
and driveways.
(4) Prohibited Trees. The City declares that invasive nonnative species as listed by the most
recent publication of the Iowa Department of Natural Resources’ (IDNR’s) list of invasive
plant species are a public nuisance that degrades landscaped and natural areas. The City
shall prohibit the planting of any nonnative invasive plant species in all public and private
properties. The following trees are prohibited:
a. Ash (all species/cultivars)
b. Black Locust
c.

Birch, White/Paper

d. Boxelder
e. Eastern Cottonwood
f.

Elm (all species/cultivars except Dutch Elm Disease resistant cultivars)

g. Maple, Silver/Norway/Amur
h. Pear (all species/cultivars)
i.

Poplar (all species/cultivars)

j.

Russian and Autumn Olive

k.

Trees with thorns

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Indianola Zoning Code Update | Chapter 165.08 Open Space, Landscaping
(5) Minimum Plant Sizes.
requirements:

Draft 05-12-2021

All plant sizes shall meet the following size and design

a. Deciduous Shade Trees – minimum 2.0-inch caliper, measured six (6) inches above the
immediate ground level.
b. Deciduous Ornament Trees – minimum 1.5-inch caliper, measured six (6) inches above
the immediate ground level.
c.

Evergreen / Coniferous Tree – minimum 5-feet in height.

d. Shrubs – minimum three (3) gallon container.
e. Ornamental Grasses – minimum one (1) gallon container.
(6) Plant Locations. All plantings shall comply with the following:
a. In general, all plants shall be sited and spaced in a manner to allow for appropriate
growth to mature size.
b. Trees shall be located no closer than six (6) feet to the back of curb along any street or
driveway and no closer than four (4) feet to the edge of any parking lot, sidewalk or
walkway.
c.

Ornamental and prairie grasses with a mature height of over four (4) feet shall not be
permitted within the front yard area of any residential property.

d. Landscaping must meet minimum clearances from all fire hydrants and building
sprinkler systems as required by the fire department.
e. Deciduous shade trees should not be placed within any public sanitary sewer, storm
sewer or watermain utility easement.
f.

No landscaping shall be planted in violation of the City’s street intersection vision
clearance requirements.

g. A permit must be obtained prior to planting any street tree or landscape material in
the public right-of-way and shall comply with all City clearance and setback
requirements.
(7) Plant Substitutions. Substitution of required plant materials may be made as follows:
a. One (1) deciduous shade tree may be substituted in place of 10 required shrubs.
b. One (1) deciduous ornamental tree may be substituted in place of five (5) required
shrubs.
c.

Page 7 of 10

One (1) evergreen/coniferous tree may be substituted in place of one (1) required
deciduous shade tree.

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d. One (1) deciduous shade tree may be substituted in place of two (2) required
deciduous ornamental trees. Deciduous ornamental trees may not be substituted for
required deciduous shade trees.
e. Three (3) ornamental grasses may be substituted for one (1) required shrub.
B. Existing Trees and Tree Preservation Credit. The preservation of existing trees on a site is
encouraged when they are in good condition and at least 2-inch caliper in size. Such trees
may be counted as part of the required number of trees on a site.
A credit of two (2) trees toward the number trees shall be given for each existing tree on a site
that is of the type of tree listed in the above sections which is over ten (10) inch caliper in size
measured six (6) inches above the immediate ground level. However, this credit may not be
applied in reducing the number of required interior parking lot trees, unless the tree is located
within the parking lot area.
7. REVIEW AND APPROVAL PROCESS
A. Plan Approval Required. A landscape plan that follows the provisions of this Chapter shall
be submitted as part of any application for approval of a Site Plan and as part of any
application for approval of a Preliminary Plat that is for a single-family residential subdivision.
No building permit shall be issued without an approved landscape plan in accordance with
this Chapter.
B. Plan Submittal Requirements. The landscape plan shall be prepared and signed by a
licensed landscape architect or other licensed professional with competency in preparing
landscape plans. The plan set shall include the following:
(1) Property boundary and general location of all existing and proposed structures, fences,
walls, paved areas, parking lots, utilities, easements, and storm water management
facilities.
(2) Identification of all required Stream Buffers (see Chapter 104)
(3) Existing and proposed grades.
(4) Identification of all existing landscaping including whether it is to be preserved or
removed.
(5) Details for the methods by which existing landscaping planned to be preserved will be
protected during site construction.
(6) Identification of all proposed landscaping include plant species and size.
(7) Identification of all proposed ground cover.
(8) Width and details for all required buffers including buffer type and plant quantifies.
(9) Details of all required screening.
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(10) Specifications for soil conditioning and plant installation.
(11) Summary of the following site details:
a. Square footage of the total site area.
b. Sum square footage of all impervious areas.
c.

Square footage of the current and proposed building footprint area and paved areas
(not including sidewalks, patios, and pedestrian plaza).

d. Required open space calculations and square footage of open space provided.
e. Calculation of the require landscaping and summary of landscape provided.
(12) Other information as required by the Zoning Administrator.
(13) The Zoning Administrator may waive any of these required elements if determined
unnecessary to ensure compliance with this Chapter.
C. Final Approval. Prior to approval of a Final Plat for any single-family residential subdivision
and prior to issuance of a Certificate of Occupancy for any building, all landscaping must be
installed in accordance with the approved landscape plan. Should any of the required
landscaping not be installed prior to a request for Final Plat approval or Certificate of
Occupancy, due to weather conditions or time of the year, the Zoning Administrator, at their
sole discretion, may accept a cash surety or performance bond as a guarantee of installation
and approve the Final Plat or issue a temporary Certificate of Occupancy. The surety amount
shall be no less than one and one-half (1½) times the cost of installation.
D. Modifications. The Zoning Administrator may administratively review and approve requests
for minor changes to any approved landscape plan, such as changes in plant materials or plant
locations, provided those changes comply with the requirements of this Chapter and do not
materially alter the appearance of the site.
E. Nonconformities. Existing developed sites seeking approval of a building permit or site plan
approval for any site modifications including building additions and paving expansions shall
attempt to bring the entire property into full compliance with the requirements of this
Chapter. At a minimum, all new buildings, building additions, new parking lots, and new paved
areas shall comply with the regulations of this Chapter. No site plan or building permit shall
be approved that causes or increases a site’s nonconformity with this chapter.
8. MAINTENANCE AND REPLACEMENT
A. Maintenance. All property owners shall maintain all landscaping including regular mowing,
trimming, and pruning and removal of dead, dying, or diseased plant material and keep the
property clear from weeds, debris, and litter. Plant material shall be regularly trimmed and
pruned to keep from encroaching sidewalks, walkways, driveway, and parking areas.

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B. Replacement. The owner of any lot or parcel for which a landscape plan has been approved
under this section shall further be responsible for the replacement of any dead, dying, or
diseased plant material to remain in compliance with the approved landscape plan. Should
a tree for which a landscape credit was given, die, become diseased, or is otherwise removed,
the owner of the property on which the tree is located shall replace the tree at the same ratio
at which the credit was originally given. Failure to maintain the landscaping in accordance
with this provision shall constitute a violation of the site’s site plan and/or building permit
approval and certificate of occupancy.

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Indianola Zoning Code Update | Chapter 165.09 Building Design Standards

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CHAPTER 165
ZONING REGULATIONS
SECTION 165.09 BUILDING DESIGN STANDARDS
1.

STATEMENT OF INTENT

6.

BUILDING EXTERIOR FINISH MATERIALS

2.

APPLICABILITY

7.

STANDARDS BY BUILDING TYPE

3.

EXCEPTIONS

A.

Building Use Types

4.

DEFINITIONS

B.

5.

GENERAL PROVISIONS

Buildings Design Standards by Building Use
Type

A.

Building Facadism

B.

Application of Exterior Building Materials on
Primary Facades

C.

Use of Trim on Primary Façades

D.

Shutters

E.

Soffits, Overhangs, and Cornices

F.

Building Mounted Equipment Screening

8.

REVIEW AND APPROVAL PROCESS
A.

Plan Approval Required

B.

Plan Submittal Requirements

1. STATEMENT OF INTENT
It is the intent of this chapter to establish building design standards to enhance the general
appearance, maintain and improve the quality of life of residents and visitors, and protect the
value of properties within the City of Indianola. Building design and construction of all buildings
shall employing good design principals and quality building materials to be long-lasting and in
harmony with the neighboring properties and the City.
All buildings shall employ recognized architectural styles and design principals on all sides and be
proportional, with elements in scale. Building exterior materials shall be applied in an authentic
and honest manner reflecting the material’s purpose, weight, and typical use in order to convey a
sense of strength and durability.
2. APPLICABILITY
With the exception of agriculturally related buildings, these regulations shall apply to new
development, the redevelopment of existing sites, and all site modifications including building
additions and expansions. All new buildings, including accessory structures, and additions to
existing buildings shall be subject to the standards of this section. However, building expansions
or additions, including successive additions, totaling less than twenty percent (20%) of the gross
floor area of the existing building may use the same or superior exterior building materials and
building design that matches that of the existing building.

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3. EXCEPTIONS
The regulations of this chapter do not apply to building façade maintenance and repair including
repainting of existing painted surfaces, window, door, siding and roof replacement with identical
or similar materials.
At the full discretion of the City, deviations from these standards may be granted in order to
ensure the building addition is aesthetically compatible with the existing building design and
appearance.
4. DEFINITIONS
The following terms are defined for this chapter:
A. Primary Façade. All street-facing façades (i.e., all building façades that face or front along a
public or private street including highways), and façades with a building’s main customer
entrance. Buildings may have more than one primary façade as is the case with buildings
located on corner lots and double frontage lots. All other façades shall be “secondary” façades.
B. Street Facing Façade. All building façades that have frontage along or face a public or private
street at an angle of 45 degrees or less from the street line. This definition includes those
building façades separated from the street by a parking lot or open space. This definition does
not include frontage along an internal drive that is not classified as a private street.
C. Major Façade Materials. Exterior finish materials that cover at least 5% of a building’s façade
area. Any material that covers less than 5% of a building façade area shall not be considered
a “major” façade material and will not count towards meeting any requirement for use of
multiple class 1, 2, and/or 3 materials. A distinctly different color of fired clay brick (full brick
or brick veneer) may be considered as an additional Class 1 or Class 2 material for the
purposes of meeting the required minimum number of different major façade materials.
D. Façade Area. The total exterior wall area of all vertical or near-vertical faces of a building wall
four (4) feet in width or greater when viewed in elevation. Façade area shall be calculated to
exclude the wall area resulting from minor projections and recessions from the predominant
wall plane less than four (4) feet in depth. Façade area shall be calculated to include the area
of parapets, cornices, and similar wall extensions and trim.
E. Accessory Building Standards. Accessory buildings in all non-residential zoning districts,
except for temporary and small movable structures including ATMs and donation boxes, shall
comply with the building design requirements for the principal building of the lot or parcel on
which the accessory building is located. Garages and structured parking shall follow the
standards required of the primary building.

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5. GENERAL PROVISIONS
The following provisions shall not apply to agricultural buildings and single-family and two-family
dwellings.
A. Building Facadism. Building facadism, defined as the application of false or fake building
façades or elements over an existing building façade or roof, is discouraged. Windows or
dormers should be in proportion with and match the adjoining roof pitch and have the
appearance of being functional and operational. Hip or mansard roofs that only partially
conceal a roof well or low slope roof area are also discouraged. Roof parapets and roof top
screen walls must have returns along the sides to conceal the edges. Building towers and
other above roof building elements must be multi-sided and finished on all sides.
B. Application of Exterior Building Materials on Primary Facades.
(1) Application of Brick and Stone. Heavy exterior materials, such as any type of brick and
stone, shall be applied so as to acknowledge its historic use as a building foundation and
structure material. Brick or stone that appears to be unsupported or ‘float’ within a façade
shall not be permitted, e.g., stone applied to a roof dormer.
(2) Painting of Brick and Stone. Brick and stone exterior finishes should not be painted, except
as may be determined by the Zoning Administrator, at their full discretion, as appropriate
based on the building design and architectural style.
(3) Use of EIFS. EIFS shall not be permitted within ten (10) feet of the finished floor elevation
of the façade on which it is located.
(4) Thin Brick and Stone Veneer. Thin brick and stone veneer shall comply with the following:
a. Thin brick and stone veneer shall only be used in applications where the actual brick
or stone thickness will not be distinguishable or is otherwise addressed by
adjustments in the wall plane to provide the appearance of full depth brick or real
stone.
b. ‘L’ shaped brick corner pieces and full-depth brick caps shall be utilized at all corners
and edges to maintain the appearance of full-depth brick.
c.

Thin brick and stone veneer shall be continued (returned) a minimum of 12-inches
around wall corners to further maintain the appearance of full-depth brick or real
stone.

C. Use of Trim on Primary Façades. Except where architecturally unsuitable, appropriately
scaled trim shall be included around all window and door openings, building corners, roof
lines, and façade material transitions located on primary façades.
D. Shutters. If used, shutters must be in scale with the adjoining opening and be operational or
have the appearance of being operational and functional as a true shade or shutter. Each

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shutter shall be equal to the height, and one-half (1/2) the width of the adjoining opening and
shall be paired with a matching shutter on the opposite side of the opening, or alternatively,
a single shutter shall be equal to both the height and width of the adjoining opening.
E. Soffits, Overhangs, and Cornices. All building soffits, overhangs, and cornices shall be
appropriately scaled with a typical projection of no less than 6 inches, except as may be
appropriate based on the architectural style.
F. Building Mounted Equipment Screening (Roof-Top and Exterior-Mounted Mechanical
Equipment). All exterior-mounted and all roof-top building HVAC and mechanical equipment,
vents, piping, roof access ladder, and utility meters shall be located out of view or otherwise
screened from view from all adjacent public or private streets and residential developed or
zoned properties. Screening shall be accomplished via landscaping, walls, and building
elements or screen walls, or a combination of these methods. For roof-top equipment not
adequately screened by the parapet, a supplementary screen shall be provided by the use of
prefinished architectural metal panels, stucco panels, masonry walls, or similar building
materials. The height of the screen shall be no lower than the height of the equipment. The
above provisions shall not apply to solar energy panels.
6. BUILDING EXTERIOR FINISH MATERIALS
For the purpose of this chapter, exterior building materials shall be divided into the following
categories. All materials must be utilized in the application as intended by the manufacturer and
follow property installation requirements and standards, including management of water
migration and installation of appropriate substrate material.
The Zoning Official may recategorize a building material provided below or may categorize a
building material not listed below if it finds that the material is similar or of higher quality to the
other materials in the same category with regard to durability, quality, and appearance.
BUILDING EXTERIOR FINISH MATERIALS TABLE
Class
1

Class
2

Class
3

Class
4

DEFINITIONS

Masonry and Stone (Non-load
bearing)
Brick veneer, fired clay

Fired clay brick, full-veneer masonry wall system



Brick veneer (thin), fired clay

Thin veneer fired clay brick adhered to a wall surface or
wall anchoring system, with the appearance of full brick



Brick paneling, fired clay



Prefabricated panels of thin veneer fired clay brick

Brick veneer, synthetic



Synthetic bricks adhered to wall surface or wall
anchoring system

Brick paneling, synthetic



Prefabricated panels of synthetic brick adhered to a wall
surface or wall anchoring system

Stone veneer, natural
Stone paneling, natural

Page 4 of 12

Genuine stone, full-veneer masonry wall system




Prefabricated panels of genuine stone adhered to wall
surface or wall anchoring system

Indianola Zoning Code Update | Chapter 165.09 Building Design Standards

Stone veneer, synthetic

Synthetic stone adhered to wall surface or wall
anchoring system (also referred to as cultured stone)



Stone paneling, synthetic

Prefabricated panels of synthetic stone adhered to a wall
surface or wall anchoring system (also referred to as
cultured stone)
Fired clay panels with a rainscreen wall anchoring system



Terracotta rainscreen panels



Stucco, genuine



Class
1

Draft 05-12-2021

Traditional Portland cement-based stucco applied in 3
coats over a solid surface
Class
2

Class
3

Class
4

Definitions

Concrete Masonry Units
Cast stone

A highly refined architectural precast concrete masonry
unit intended to simulate natural-cut stone



Burnished/ground-faced block



Concrete modular blocks, smooth finish with large
aggregates visible or polished finish and with mortared
joints

Patterned or shaped block



Concrete modular blocks, face surface has pattern or
shape, not flat, and with mortared joints

Split-faced block

Concrete modular blocks, rough, split-faced finish, and
with mortared joints



Plain, flat-faced block



Class
1

Class
2

Class
3

Class
4

Concrete modular blocks, plain, flat finish, and with
mortared joints

Definitions

Concrete
Architectural quality precast
concrete panels

Highest finish precast concrete panels, textured or
burnished, and integrally colored - not painted



Cast-in-place concrete, board
formed or decorative form liner

Architecturally designed cast-in-place concrete with a
high-quality patterned or textured surface created by
board forms or decorative concrete form liners



Cast-in-place concrete, plain



Textured or smooth finish, may be painted

Site cast and precast concrete
panels



Site cast and precast concrete panels, plain, smooth
finish, may be painted

Class
1

Class
2

Class
3

Class
4

Definitions

Metal
Architectural quality, composite
metal wall panel systems



High quality composite metal panels for decorative
surface application, such as Alucobond panel systems

Architectural quality, insulated
metal wall panel systems



High quality insulated metal panels for decorative
surface application with concealed fasteners, such as
Centria Formawall Dimension Series

Architectural quality metal wall
panel systems, concealed fastening
Architectural quality metal wall
panel systems, exposed fastening

Page 5 of 12

High quality metal panels for decorative surface
application with concealed fasteners, such as Firestone
Delta





High quality metal panels for decorative surface
application with exposed fasteners, such as Firestone
Omega

Indianola Zoning Code Update | Chapter 165.09 Building Design Standards

Metal (panels, siding, and trim)

Class
1

Class
2

Class
3

Draft 05-12-2021



Standard metal siding and panels, painted or coated for
exterior application

Class
4

Definitions

Glass
Clear glass (windows, curtain walls,
paneling systems)

Clear glass with no visible tint, reflective coating,
coloring, or other covering (not including low-e or UV
coatings or treatments)



Glass blocks
Mirrored glass



Tinted glass (including color
applied)

Spandrel Glass

Hollow translucent block of varying shapes and sizes
made entirely from glass. Also, known as glass brick.



Glass with a tinted or colored coating or finish or
otherwise treated to produce a tint that reduces its
opacity.



Opaque glass panels with a fire-fused ceramic frit paint;
typically used between vision areas of windows to
conceal structural columns floors and shear walls



Class
1

Glass with a reflective or mirrored coating or finish

Class
2

Class
3

Class
4

Definitions

Other Materials
Architectural quality fiber cement
wall panels textured to resemble
stone or metal

The highest quality fiber cement wall panel systems
textured to resemble stone or metal with concealed
fasteners – such as Nichiha



Wood (panels and siding)



Authentic hardwood or exterior rated, rot-resistant wood
paneling and siding

Cement fiber board (panels and
siding)



Cement panels reinforced with cellulose fibers, such as
HardiePlank and HardiePanel

Exterior Insulation and Finish
System (EIFS)



Polystyrene foam covered with a synthetic stucco, watermanaged and exterior rated

Composite wood (panels, siding,
and trim)



Composite or other synthetic wood types, such as LP
SmartSide

Vinyl and PVC (panels, siding, and
trim)



Exterior siding and trim that is made from a synthetic
resin or plastic.

Ceramic
Translucent wall panel and skylight
systems
Fabric

Page 6 of 12




Ceramic tile adhered to a wall surface or wall anchoring
system
Polycarbonate panels in a concealed aluminum support
system – such as CPI Daylighting UniQuad
(not permitted)

Indianola Zoning Code Update | Chapter 165.09 Building Design Standards

Class
1

Class
2

Class
3

Class
4

Draft 05-12-2021

Definitions

Roofing Materials
Standing Seam Metal

Vertically run or horizontal-Bermuda style metal panels
connected within interlocking raised seams



Metal roof panel system

High quality metal panels designed for roof application
including metal shingles



Metal panel



Standard metal roof panels, designed for roof
application

Slate



Natural stone tiles (or shingles) cut from slate,
traditionally applied in an overlapping pattern

Tile



Fired clay, ceramic, or concrete roofing tiles applied in an
overlaying pattern

Synthetic or composite slate
Green roof

Molded plastic to mimic the appearance of slate tiles



Low-slope roof covered with roof-top plants in a
designed roof-top planting system



Simulated metal roofing



Membrane roofing system designed with the
appearance of a standing seam metal roof

Membrane or ballast (not visible)



Typical roofing materials for low-slope roofs and is not
visible from any adjacent public or private street or
residential developed or zoned properties

Membrane or ballast (visible)



Asphalt shingles (laminate or
dimensional)

Asphalt shingles constructed with a single layer of
material and 3 cut shingle "tabs"



Wood shake shingles

Glass roofing

Asphalt shingles constructed with a heavy base mat and
multiple adhered layers to provide a thicker, dimensional
appearance - also known as laminated architectural
shingles



Asphalt shingles (3-tab)



Shingle shakes constructed of rot resistance wood, such
as cedar
A roof constructed of glass panels or glass tiles within a
glass framing system - also known as a roof glazing
system



Fabric

Typical roofing materials for low-slope roofs



Exterior rated fabric designed for application in a canopy
or roofing system

7. STANDARDS BY BUILDING USE TYPE
A. Building Use Types. For the purposes of this chapter, all buildings shall be categorized in the
following building use types. Any building type not listed or any question as to the appropriate
categorization of a building shall be as determined by the Zoning Administrator. The building
design standards shall be regulated by both building use type and the zoning district in which
the building is located. Unless otherwise permitted by the Zoning Administrator, all accessory
buildings and structures shall comply with the design standards required of the principal
building.

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(1) Agricultural Building: Agricultural related buildings in the A-1 zoning district.
(2) Single-Family and Two-Family Dwellings: Includes accessory dwellings, bed and breakfast
Inns, and Group Homes.
(3) Horizontally Attached Residential: Includes townhouse and row dwellings.
(4) Vertically Attached Residential: Includes apartments, condos, rooming houses, live-work
units, community living, homeless shelter, assisted living, skilled care facilities, and
continuing care retirement facilities.
(5) Non-Residential Building in Residential Zoning District: Includes schools, churches, places
of assembly, community centers, community food and personal support services, cultural
facilities, funeral homes and mortuaries, libraries, public facilities, and governmental
buildings.
(6) Commercial/Retail Building: Includes single and multi-tenant commercial buildings, day
care centers, restaurants, financial institutions, hotels, motels, and recreational and
entertainment buildings.
(7) Office and Civic Building: Includes single and multi-tenant office buildings and, when in
non-residential zoning districts, schools, churches, places of assembly, community
centers, community food and personal support services, cultural facilities, funeral homes
and mortuaries, libraries, public facilities, and governmental buildings.
(8) Mixed-Use Building: A multi-story building that contains two (2) or more different uses
such as residential and retail and/or office uses.
(9) Industrial Building: A building or structure constructed for an industrial use and located
within the A-1, M-1, or M-2 zoning district.
B. Buildings Design Standards by Building Use Type
(1) Agricultural Building: No specific standards.
(2) Single-Family and Two-Family Dwellings: All dwellings including accessory structures shall
have roofs with a minimum 4-12 pitch, except as may be appropriate based on its
architectural style, and be constructed of a combination of Class 1, 2, 3, and 4 building
exterior and roofing materials.
(3) Horizontally Attached Residential:
a. All dwellings including accessory structures shall be constructed of a combination of
Class 1, 2, 3, and 4 building exterior and roofing materials.
b. Each primary façade shall have no less than three (3) different class 1, class 2, class 3,
or class 4 façade materials.

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c.

Draft 05-12-2021

Each dwelling unit shall have its own functional porch, patio, deck, or roof-top patio.

d. The primary façade of each individual unit dwelling must have a change in the wall
plane and/or a change in the exterior material type, texture, and/or color to
differentiate it from the adjoining units.
(4) Vertically Attached Residential:
a. Each primary façade shall contain no less than three (3) different class 1 or class 2
façade materials, together composing at least 40% of the primary façade area. Class 3
and class 4 façade materials in aggregate shall not exceed 60% of any primary façade
area. Class 4 façade materials shall not exceed 5% of any primary façade area.
b. All structures shall utilize Class 1 or 2 roofing materials.
c.

Elevated open walkways along the exterior of the building are prohibited.

d. Each dwelling unit shall have its own functional porch, patio, deck, or roof-top patio or
access to a shared roof-top or outdoor amenity space.
e. No primary façade shall exceed 60 feet in length without interruption by one or more
of the following architectural features:
Projection or recess in the wall plane of at least two (2) feet in depth.
Columns, piers, pilasters or other equivalent structural and/or decorative
elements.
(5) Non-Residential Building in Residential Zoning District:
a. Each primary façade shall contain no less than three (3) different class 1 or class 2
façade materials, together composing at least 50% of the primary façade area. Class 3
and class 4 façade materials in aggregate shall not exceed 50% of any primary façade
area. Class 4 façade materials shall not exceed 5% of any primary façade area.
b. All structures shall utilize Class 1 or 2 roofing materials.
c.

No primary façade shall exceed 60 feet in length without interruption by one or more
of the following architectural features:
Projection or recess in the wall plane of at least two (2) feet in depth.
Columns, piers, pilasters or other equivalent structural and/or decorative
elements.

(6) Commercial/Retail Building:
a. Each primary façade shall contain no less than three (3) different class 1 or class 2
façade materials, together composing at least 75% of the primary façade area. Class 3

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and class 4 façade materials in aggregate shall not exceed 25% of any primary façade
area. Class 4 façade materials shall not exceed 5% of any primary façade area.
b. At least one street-facing building façade and the façade containing the main building
entry, if different from the street façade, shall consist of no less than 20% clear glass
fenestrations (windows and full glass doors) on the first level.
c.

All structures shall utilize Class 1 or 2 roofing materials.

d. No primary façade shall exceed 60 feet in length without interruption by one or more
of the following architectural features:
Projection or recess in the wall plane of at least two (2) feet in depth.
Columns, piers, pilasters or other equivalent structural and/or decorative
elements.
(7) Office and Civic Building:
a. Each primary façade shall contain no less than three (3) different class 1 or class 2
façade materials, together composing at least 75% of the primary façade area. Class 3
and class 4 façade materials in aggregate shall not exceed 25% of any primary façade
area. Class 4 façade materials shall not exceed 5% of any primary façade area.
b. All structures shall utilize Class 1 or 2 roofing materials.
c.

No primary façade shall exceed 80 feet in length without interruption by one or more
of the following architectural features:
Projection or recess in the wall plane of at least two (2) feet in depth.
Columns, piers, pilasters or other equivalent structural and/or decorative
elements.

(8) Mixed-Use Building:
a. Each primary façade shall contain no less than three (3) different class 1 or class 2
façade materials, together composing at least 75% of the primary façade area. Class 3
and class 4 façade materials in aggregate shall not exceed 25% of any primary façade
area. Class 4 façade materials shall not exceed 5% of any primary façade area.
b. At least one street-facing building façade and the façade containing the main building
entry, if different from the street façade, shall consist of no less than 30% clear glass
fenestrations (windows and full glass doors) on the first level.
c.

All structures shall utilize Class 1 or 2 roofing materials.

d. No primary façade shall exceed 80 feet in length without interruption by one or more
of the following architectural features:
Projection or recess in the wall plane of at least two (2) feet in depth.

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Draft 05-12-2021

Columns, piers, pilasters or other equivalent structural and/or decorative
elements.

(9) Industrial Building:
a. Each primary façade shall contain no less than two (2) different class 1, class 2, or class
3 façade materials, together composing at least 80% of the primary façade area. Class
4 façade materials in aggregate shall not exceed 10% of any primary façade area.
b. All structures shall utilize Class 1 or 2 roofing materials.
c.

No primary façade shall exceed 100 feet in length without interruption by one or more
of the following architectural features:
Projection or recess in the wall plane of at least two (2) feet in depth.
Columns, piers, pilasters or other equivalent structural and/or decorative
elements.

8. REVIEW AND APPROVAL PROCESS
A. Plan Approval Required. As part of the submittal of a site plan for development (with the
exception of agriculturally related buildings and single-family and two-family dwellings),
architectural plans for buildings shall be submitted for review and approval as part of the site
plan application.
The determination of compliance with the provisions and requirements of this section shall
be at the sole discretion of the Zoning Administrator and the approval body per the
procedures as provided in the Zoning Regulations.

B. Plan Submittal Requirements. The applicant shall submit the following for each proposed
building, addition, or renovation subject to this chapter:
(1) Elevations and dimensions of all sides of existing and proposed buildings, including roof
mechanical equipment, vents, chimneys, or other projecting items above the roof line.
(2) Elevations and dimensions of all existing or proposed solid waste and recycling
containment areas.
(3) Detailed exterior descriptions, including type and color of all exterior building materials,
awnings, exterior lighting, mechanical screening material, fencing, metal flashing and the
like.
(4) Detailed cut sheets of all proposed exterior light fixtures and an exterior lighting
photometric plan, if required by the Zoning Administrator.
(5) In order to aid in evaluating the exterior design, the applicant shall submit plan views

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Indianola Zoning Code Update | Chapter 165.09 Building Design Standards

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showing, if applicable, the locations of windows and doors, major entrances, recessions
and projections from the principal planes of facades, loading docks, outdoor storage
areas, and solid waste and recycling containment areas.
(6) Heating, air conditioning and ventilating and electrical equipment heights, locations and
screening materials.
(7) Exterior building and finish material samples and color pallets, if required by the Zoning
Administrator.
(8) Other information as may be required by the Zoning Administrator. The Zoning
Administrator shall further have the discretion to waive any of the above submittal
requirements.

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