CHAPTER 166

CHAPTER 165

ZONING REGULATIONS

165.01 Short Title and Purpose	165.17 Board of Adjustment; Establishment and Procedure
165.02 Definitions	165.18 Board of Adjustment; Powers and Duties
165.03 Application of District Regulations	165.19 Appeals from the Board of Adjustment
165.04 Establishment of Districts; Official Zoning Map	165.20 Districts Established
165.05 Rules for Interpretation of District Boundaries	165.21 AG - Agricultural District
165.06 Nonconformities	165.22 RS - Residential Single-Family District
165.07 Nonconforming Lots of Record	165.23 RM - Residential Multi-Family District
165.08 Nonconforming Uses of Land (or Land with Minor	165.24 MH - Mobile Home District
Structures Only)	165.25 BC- Central Business Commercial District
165.09 Nonconforming Structures	165.26 AC - Arterial Commercial District
165.10 Nonconforming Uses of Structures or of Structures	165.27 LI - Light Industrial District
and Premises in Combination	165.28 HI - Heavy Industrial District
165.11 Repairs and Maintenance	165.29 Supplementary District Regulations
165.12 Uses Under Special Exception Provisions Not	165.30 Administration
Nonconforming Uses	165.31 Amendments
165.13 Administration and Enforcement	165.32 Penalties for Violation
165.14 Zoning/Building Permits Required	165.33 Schedule of Fees, Charges, and Expenses
165.15 Fees	165.34 Complaints Regarding Violations
165.16 Residential Dwelling Standards

165.01 SHORT TITLE AND PURPOSE. This chapter shall be known and may be cited as the “City of Swisher, Iowa, Zoning Ordinance.” The purpose of this chapter is to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to regulate the use of land, and to promote the health, safety, and general welfare in the City of Swisher, Iowa.

165.02 DEFINITIONS. For purposes of this chapter, certain terms or words used herein shall be interpreted as follows:

The word “person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. The word “shall” is mandatory; the word “may” is permissive. The words “used” and “occupied” include the words “intended, designed or arranged to be used or occupied.” The word “lot” includes the words “plot or parcel.”

1. “Abutting” means having property or district lines in common.

2. “Access” means a way of approaching or entering a property from a public street.

3. “Accessory building” means a subordinate building located on the same lot with the main building, occupied by or devoted to, an accessory use. Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the main building.

4. “Accessory use” means a use customarily incidental and subordinate to the main use or building and located on the same lot therewith. In no case shall such accessory use dominate, in area, extent or purpose, the principal lawful use or building.

5. “Agriculture” means the production, keeping or maintenance, for sale, lease, or personal use, of plants and animals useful to humans, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, mules, or goats, or any mutations or hybrids thereof including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds; vegetables; or land devoted to a soil conservation or forestry management program.

6. “Alley” means a public way, other than a street, twenty (20) feet or less in width, affording secondary means of access to abutting property.

7. “Basement” means a story having part but not more than one-half (1/2) its height above grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its ceiling is over five (5) feet.

8. “Bed and breakfast house” means a house or portion thereof where short-term lodging, rooms, and meals are provided. The operator shall live on the premises.

9. “Board” means the Board of Adjustment.

10. “Boarding house” means a building other than a hotel where, for compensation, meals and lodging are provided for four (4) or more persons.

11. “Building” means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property, but not including signs or billboards and not including structures or vehicles originally designed for transportation purposes.

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

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

14. “Dwelling” means any building, or portion thereof, which is designed or used exclusively for residential purposes, but not including a tent, cabin, trailer, or mobile home.

15. “Dwelling, multiple” means a building or portion thereof designed for or occupied exclusively for residence purposes by two or more families.

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

17. “Family” means one or more persons related by blood, marriage or adoption occupying a single dwelling unit. A family may include two, but not more than two, persons not related by blood, marriage or adoption; and further provided, domestic employees employed on the premises may be housed on the premises without being counted as a family or families.

18. “Family home” means a community-based residential home which is licensed as a residential care facility under Chapter 135C or as a child foster care facility under Chapter 237 to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for not more than eight (8) developmentally disabled persons and any necessary support personnel. However, family home does not mean an individual foster care family home licensed under Chapter 237.

19. “Frost-free foundation” means a foundation supporting a structure which is required to be at least forty-two (42) inches below grade.

20. “Garage” means a building or portion thereof in which a motor vehicle containing gasoline, distillate or other volatile, flammable liquid in its tank is stored, repaired, or kept.

21. “Garage, private” means a building or part thereof accessory to a main building and providing for the storage of automobiles and in which no occupation or business for profit is carried on.

22. “Garage, public or storage” means a building or part thereof other than a private garage for the storage of motor vehicles and in which service station activities may be carried on.

23. “Grade” means the average elevation of the finished ground at the exterior walls of the main building.

24. “Health care facility” means any residential care facility, intermediate care facility, or skilled nursing facility.

A. Residential Care Facility - Any institution, place, building, or agency providing for a period exceeding twenty-four (24) consecutive hours’ accommodation, board, personal assistance and other essential daily living activities to three (3) or more individuals, not related to the administrator or owner thereof within the third degree of consanguinity, who by reason of illness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves but who do not require the services of a registered or licensed practical nurse except on an emergency basis.

B. Intermediate Care Facility - Any institution, place, building or agency providing for a period exceeding twenty-four (24) consecutive hours’ accommodation, board, and nursing services, the need for which is certified by a physician, to three (3) or more individuals, not related to the administrator or owner thereof within the third degree of consanguinity, who by reason of illness, disease, or physical or mental infirmity require nursing services which can be provided only under the direction of a registered nurse or a licensed practical nurse.

C. Skilled Nursing Facility - Any institution, place, building, or agency providing for a period exceeding twenty-four (24) consecutive hours’ accommodation, board, and nursing services, the need for which is certified by a physician, to three (3) or more individuals not related to the administrator or owner thereof within the third degree of consanguinity who by reason of illness, disease, or physical or mental infirmity require continuous nursing care services and related medical services, but do not require hospital care. The nursing care services provided must be under the direction of a registered nurse on a 24-hour-per-day basis.

25. “Home occupation” means an occupation conducted in a dwelling unit, provided that:

A. No more than one person other than members of the family residing on the premises shall be engaged in such occupation, except by special exception by the Board of Adjustment.

B. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five percent (25%) of the gross floor area in the dwelling unit shall be used in the conduct of the home occupation.

C. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two (2) square feet in area, non-illuminated, and mounted flat against the wall of the principal building.

D. No home occupation may be conducted in any accessory building, except by special exception of the Board of Adjustment.

E. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met by providing off-street parking and shall not be in a required front yard.

F. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.

26. “Hospital” means an institution which is devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care over a period exceeding twenty-four (24) hours of two (2) or more non-related individuals suffering from illness, injury, or deformity, or a place which is devoted primarily to the rendering over a period exceeding twenty-four (24) hours of obstetrical or other medical or nursing care for two (2) or more non-related individuals, or any institution, place, building or agency in which any accommodation is primarily maintained, furnished or offered for the care over a period exceeding twenty-four (24) hours of two (2) or more non-related aged or infirm persons requiring or receiving chronic or convalescent care; and shall include sanitariums or other related institutions. Provided, however, this shall not apply to hotels or other similar places that furnish only food and lodging, or either, to their guests. “Hospital” shall include, in any event, any facilities wholly or partially constructed or to be constructed with federal financial assistance, pursuant to Public Law 725, 79th Congress, approved August 13, 1946.

27. “Hotel” means a building occupied as the more or less temporary residence of individuals who are lodged for compensation with or without meals, in which there are sleeping rooms or suites of rooms with no provision made for cooking in any individual room or suite of rooms, and entrance is through a common lobby or office.

28. “Junk yard” means any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled or handled, including 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 the processing of used, discarded or salvaged materials as part of manufacturing operations.

29. “Lodging house” means a building originally designed for or used as single-family, two-family, or multiple-family dwelling, all or a portion of which contains lodging rooms or rooming units which accommodate persons who are not members of the keeper’s family. Lodging or meals, or both, are provided for compensation. The term “lodging house” shall be construed to include: boarding house, rooming house, fraternity house, sorority house and dormitories.

30. “Lot” means, for purposes of this chapter, 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 spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:

A. A single lot of record;

B. A portion of a lot of record;

C. A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record;

D. 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 this chapter.

31. “Lot frontage” means the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under the definition of “yard” in this section.

32. “Lot measurements” -

A. Width of a lot shall be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the building line; provided, however, width between side lot lines at their foremost points (where they intersect with the street line or front property line) shall not be less than eighty percent (80%) of the required lot width except in the case of lots on the turning circle of a cul-de-sac where 80% requirement shall not apply.

B. Depth of a lot shall be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

33. “Lot of record” means 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.

34. “Lot types” – Chart 1 illustrates terminology used in this chapter with reference to “corner lots,” “interior lots,” “through lots” and “reversed corner lots” as follows:

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

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

“Through lot” is a lot other than a corner lot with frontage on more than one street other than an alley. Lots with frontage on two non-intersecting streets may be referred to as “through lots.”

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

Chart 1 - Lots

35. “Manufactured home” means a factory-built structure, which is manufactured or constructed under the authority of 42 U.S.C. Section 5403 and is to be used as a place for human habitation, but which is not constructed or equipped 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 permanently attached to its body or frame any wheels or axles. A manufactured home shall be located and installed according to the same standards, including but not limited to, a foundation system, setback, and minimum square footage which would apply to a site-built, single-family dwelling on the same lot. A mobile home as defined in Section 435.1 of the Code of Iowa is not a manufactured home, unless it has been converted to real property as provided in Section 435.26 of the Code of Iowa, and shall be taxed as a site-built dwelling. This section shall not be construed as abrogating a recorded restrictive covenant. Further, in order for a manufactured home to be allowed as a permitted use in districts other than a Mobile Home District, it shall be a minimum of 20 feet in width and be placed on a permanent frost-free foundation.

36. “Mobile home” means any structure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirtings, and which is, has been, or reasonably may be, equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term “mobile home” includes camp car and house car.

37. “Modular home” means factory-built housing certified as meeting the State Building Code as applicable to modular housing. Once certified by the State, modular homes shall be subject to the same standards as site-built homes.

38. “Motel” (also motor hotel, motor court, motor lodge, or tourist court) means a building or group of buildings designed to provide sleeping accommodations to transient guests for compensation, and provides near each guest room a parking space for the guest’s vehicle. A swimming pool, restaurant, meeting rooms, management offices and other such accessory facilities may be included.

39. “Nonconformities” means lots, structures, uses of land and structures, or characteristics of uses, which are prohibited under the terms of the Zoning Ordinance but were lawful at the date of enactment of the ordinance.

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

41. “Parking space” means an area of not less than one hundred eighty (180) square feet either within a structure or in the open, exclusive of driveway or access drives, for the parking of a motor vehicle.

42. “Permitted use” means a use by right which is specifically authorized in a particular zoning district.

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

44. “Projections” (into yards) means parts of buildings such as architectural features that extend beyond the building’s exterior wall.

45. “Service station” (gas station) means a building or premises used for dispensing or offering for sale at retail any automobile fuels, oils, or having pumps and storage tanks therefor, or where battery, tire or any similar services are rendered, and where vehicles are not parked for purposes of inspection or sale.

46. “Setback” means the required distance between every structure and lot line on the lot in which it is located.

47. “Sign” means any advertising device or surface out-of-doors, on or off premises, on which letters, illustrations, designs, figures or symbols are printed or attached and which conveys information or identification.

48. “Sign, on-premises” means an advertising device concerning the sale or lease of the property upon which it is located or concerning activities conducted or products sold on the property upon which it is located.

49. “Sign, off-premises” means an advertising device including the supporting structure which directs the attention of the general public to a business, service, or activity not usually conducted or a product not usually sold upon the premises where such a sign is located. Such a sign shall not include: on-premises signs, directional or other official sign or signs which have a significant portion of their face devoted to giving public service information (date, time, temperature, weather, information, etc.).

50. “Statement of intent” means a statement preceding regulations for individual districts, intended to characterize the districts and their legislative purpose.

51. “Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling or roof next above it.

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

53. “Street” means all property dedicated or intended for public or private use for access to abutting lands or subject to public easements therefor, and whether designated as a street, highway, thoroughfare, parkway, throughway, expressway, road, avenue, boulevard, lane, place, circle, or however otherwise designated.

54. “Street line” means the right-of-way line of a street.

55. “Structural alteration” means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.

56. “Structure” means anything constructed or erected which requires location on the ground or attached to something having location on the ground, including signs and billboards, but not including fences or walls used as fences.

57. “Use” means the purpose or activity for which a piece of land or its buildings is designed, arranged, or intended, or for which it is occupied or maintained.

58. “Variance” means a device used by the Board of Adjustment which grants a property owner relief from certain provisions of a Zoning Ordinance when, because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money and which condition is not of the owner’s own making.

59. “Yard” means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, excepting as otherwise provided herein. In measuring a yard for the purpose of determining the depth of a front yard or the depth of a rear yard, the least distance between the lot line and the main building shall be used. Fences and walls are permitted in any yard, subject to height limitations as indicated herein. On corner lots there are two front yards.

60. “Yard, front” means a yard extending across the full width of the lot and measured between the front lot line and the building or any projection thereof, other than the projection of the usual steps or unenclosed porches. The narrow frontage on a corner lot. On corner lots there are two front, two side, and no rear yards.

61. “Yard, rear” means a yard extending across the full width of the lot and measured between the rear lot line and the building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots, there is no rear yard. On interior lots, the rear yard is the opposite end of the lot from the front yard.

62. “Yard, side” means a yard extending from the front yard to the rear yard and measured between the side lot lines and the building. On corner lots there is a side yard opposite each front yard.

Chart 2 - Yards

63. “Zoning/Building Administrator” means the local official responsible for reviewing zoning/building permits and following a determination by the Zoning Board of Adjustment for special exceptions and variances. Decisions of the official may be appealed to the Board of Adjustment. Permits are issued by the Zoning/Building Administrator.

64. “Zoning district” means a section the City designated in the Zoning Ordinance text and delineated on the Zoning Map in which requirements for the use of land, the building and development standards are prescribed. Within each district, all requirements are uniform.

65. “Zoning map” means the map delineating the boundaries of districts which, along with the zoning text, comprises the Zoning Ordinance.

165.03 APPLICATION OF DISTRICT REGULATIONS. The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

1. No building, structure, or land shall hereafter be used or occupied, no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.

2. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

3. No yard or lot existing as of the effective date of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by these regulations.

4. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standards shall govern.

165.04 ESTABLISHMENT OF DISTRICTS; OFFICIAL ZONING MAP.

1. Official Zoning Map. The City shall be divided into districts, as shown on the Official Zoning Map which, together with all explanatory matter thereon, shall be adopted by ordinance. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, under the following words: “This is to certify that this is the Official Zoning Map referred to in Section 165.04 of Ordinance No._______ of the City of Swisher, Iowa,” together with the date of adoption. If, in accordance with the provisions of this chapter and Chapter 414, Code of Iowa, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the City Council, with an entry on the Official Zoning Map as follows: “By official action of the City Council, the following changes were made to the Official Zoning Map.” (Indicating the changes by ordinance numbers and date of publication.) No amendment of these regulations which involves matter portrayed on the Official Zoning Map shall become effective until after such change and entry has been made on said map. †

2. Replacement of the Official Zoning Map. In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Council may by ordinance adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the Seal of the City under the following words: “This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted as part of Ordinance No. ________ of the City of Swisher, Iowa.” Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.

165.05 RULES FOR 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 centerlines 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 City limits shall be construed as following such City limits.

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, rivers, 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 Board of Adjustment shall interpret the district boundaries.

8. Where a district boundary line divides a lot which was in single ownership at the time of passage of the Zoning Ordinance, the Board of Adjustment may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

9. Whenever the Council vacates and disposes of a street or alley, adjacent districts shall extend to the center line of the vacation.

10. Whenever a variance exists between the Zoning Map and the legal description on an amendment to this chapter, the legal description applies.

165.06 NONCONFORMITIES. Within the districts established by this chapter there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before these regulations were adopted or amended, but which are prohibited, regulated, or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Further nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. 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 carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

165.07 NONCONFORMING LOTS OF RECORD. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of the chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, if the lot shall conform to the regulations for the district in which such lot is located. Variance of yard or height requirements shall be obtained only through the action of the Board of Adjustment.

165.08 NONCONFORMING USES OF LAND (OR LAND WITH MINOR STRUCTURES ONLY). Where at the time of adoption of this chapter lawful use of land exists which would not be permitted by the regulations imposed by this chapter, and where such use involves no individual structure with a replacement cost exceeding $1,000.00, the use may be continued so long as it remains otherwise lawful, provided:

1. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of these regulations.

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 twelve (12) months, then any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

4. No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

165.09 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 these regulations by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. No such nonconforming structure may be enlarged or altered in such a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

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

3. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

165.10 NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION. If lawful use involving individual structures with a replacement cost of $1,000.00 or more, 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 these regulations, 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, 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 as a special exception 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.

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, 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 twelve (12) consecutive months or for eighteen (18) months during any three-year period (except when government action impedes access to the premises) the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

6. When 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. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty percent (50%) of the replacement cost at time of destruction. Replacement shall begin within six (6) months of the time of destruction or the nonconforming status shall expire. Said construction shall also be completed within eighteen (18) months of the time of destruction or the nonconforming status shall expire.

165.11 REPAIRS AND MAINTENANCE. On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, provided that the cubic content of the building as it existed at the time of adoption or amendment of this chapter shall not be increased.

165.12 USES UNDER SPECIAL EXCEPTION PROVISIONS NOT NONCONFORMING USES. Any use which is permitted as a special exception in a district under the terms of this chapter (other than a change through Board of Adjustment action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

165.13 ADMINISTRATION AND ENFORCEMENT. A Zoning/Building Administrator designated by the City Council shall administer and enforce these regulations. The administrator may be provided with the assistance of such other persons as the City Council may direct. If the Zoning/Building Administrator finds that any of the provisions of this chapter are being violated, such administrator shall notify in writing the person responsible for such violation, indicating the nature of the violation and noting the action necessary to correct it. The administrator shall also notify the City Attorney, who shall take any action necessary to correct the violation.

165.14 ZONING/BUILDING PERMITS REQUIRED. No building or other structure shall be erected, moved or added to, without a permit therefor issued by the Zoning/Building Administrator. No zoning/building permit shall be issued except in conformity with the provisions of this chapter, except after written order from the Board of Adjustment. Zoning/building permits shall be applied for with the City Clerk and shall expire two (2) years after the date of issuance if work is begun within one year of issuance or after one year if no substantial beginning of construction has occurred. Extensions of time may be granted in writing by the Zoning/Building Administrator for good cause. Prior to the issuance of said permit the identification of all property survey corners shall be provided to the administrator or the administrator may require the placement of said corners from a certified survey.

165.15 FEES. All fees for permits or certificates of occupancy shall be set by Council resolution.

165.16 RESIDENTIAL DWELLING STANDARDS. In all zoning districts permitting single-family dwellings on a single lot, the following standards shall apply to all such dwellings:

1. The dwelling shall have a minimum dimension of not less than twenty (20) feet. This dimension shall be measured at the building line.

2. There shall be a continuous and complete permanent perimeter foundation on the main body or the foundation may be a slab-style both with a 10-inch width by 42-inch depth frost footing.

3. The main structure shall be permanently affixed to the foundation.

4. All hitches, wheels, axles, and any other types of towing devices shall be permanently removed.

5. All dwelling units shall have a roof pitch of 3:12 or greater.

165.17 BOARD OF ADJUSTMENT; ESTABLISHMENT AND PROCEDURE.

1. Board Created. A Board of Adjustment is hereby established which shall consist of five (5) members. The terms of office of the members of the Board and the manner of their appointment shall be as provided by statute. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

2. Proceedings of the Board of Adjustment. The Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson and at such other time as the Board may determine. The Chairperson or, in that person’s absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board of Adjustment shall, through its Secretary, keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. All actions of the Board concerning special exceptions or variances shall also be recorded in the office of the County Recorder. It shall be the responsibility of the appellant to record said action and all corresponding stipulations and further said action shall take effect upon the Board receiving sufficient confirmation of the same. A copy of said action shall also be filed in the office of the Zoning/Building Administrator.

3. Compensation. Each member of the Board of Adjustment attending a scheduled meeting shall be paid such compensation as specified by resolution of the Council.

165.18 BOARD OF ADJUSTMENT; POWERS AND DUTIES. The Board of Adjustment shall have the following powers and duties:

1. Administrative Review. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning/Building Administrator in the enforcement of these regulations.

A. Appeals to the Board may be taken by any person aggrieved, or by any officer, department, board or bureau of the City of Swisher affected by any decision of the administrative officer. Such appeal shall be taken within sixty (60) days by filing with the Zoning/Building Administrator, and with the Board a notice of appeal specifying the grounds thereof. The Zoning/Building Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from is taken.

B. The Board shall fix a reasonable time for the hearing of the appeal, and give not less than seven (7) days or more than twenty (20) days public notice thereof in Swisher, and decide the same within thirty (30) days. At said hearing, any party may appear in person, by agent or by attorney.

C. Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning/Building Administrator from whom the appeal is taken certifies to the Board of Adjustment after the Notice of Appeal is filed with the administrator, that by reason of facts stated in the certificate, a stay would, in the administrator’s opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Zoning/Building Administrator from whom the appeal is taken and on due cause shown.

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

A. A written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested.

B. The Board shall fix a reasonable time for the hearing of the special exception, and give not less than seven (7) days or more than twenty (20) days public notice thereof in Swisher, and decide the same within thirty (30) days.

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

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

3. Variance, Conditions Governing Application; Procedures. To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the Board of Adjustment unless and until:

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

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

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

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

(4) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of land, structures, or buildings in other districts may be considered grounds for the issuance of a variance.

B. The Board shall fix a reasonable time for the hearing of the variance, and give not less than seven (7) days or more than twenty (20) days public notice thereof in Swisher, and decide the same within thirty (30) days.

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

D. The Board of Adjustment shall make findings that requirements of Section 165.18 have been met by the applicant for a variance.

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

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

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

4. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning/Building Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter. The Council may provide for its review of variances granted by the Board of Adjustment before their effective date. The Council may remand a decision to grant a variance to the Board of Adjustment for further study. The effective date of the variance is, in such case, delayed for thirty days from the date of the remand.

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

165.20 DISTRICTS ESTABLISHED. The City is herewith divided into the following districts:

AG Agricultural District

RS Residential Single-Family District

RM Residential Multi-Family District

MH Mobile Home District

BC Central Business Commercial District

AC Arterial Commercial District

LI Light Industrial District

HI Heavy Industrial District

These districts are established as identified on the Official Zoning Map which, together with all explanatory matters thereon, is hereby adopted by reference and declared to be part of this chapter.

165.21 AG - AGRICULTURAL DISTRICT.

1. Intent. This district is intended to provide for areas in which agriculture and related uses are encouraged as the principal use of land. However, uses which may be offensive to the surrounding area or to the community as a whole by reasons of noise, dust, smoke, odor, traffic or physical appearance or other similar factors are not permitted. The district prohibits urban density residential use until these areas may be served by utilities and services of the City. This district is also intended to preserve land suited for eventual development into other uses, pending proper timing for economical and practical provisions of streets, utilities, schools and other facilities so that reasonably compact development will occur and the fiscal integrity of the City is preserved.

2. Permitted Uses. The following uses are permitted in the AG District:

A. Agriculture, including the usual agricultural buildings and structures and excluding offensive uses.

B. Home occupations.

C. Publicly owned and operated buildings and facilities.

3. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the AG District.

A. Living quarters of persons employed on the premises and not rented or otherwise used as a separate dwelling.

B. Private garages, barns and other farm buildings.

C. Roadside stands offering for sale only agricultural products or other products produced on the premises.

D. Temporary buildings for the uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.

E. Satellite dishes.

4. Special Exceptions. Certain uses may be permitted in the AG District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.

A. Cemeteries, crematories or mausoleums.

B. Commercial kennels.

C. Stables, private or public.

D. Greenhouses and nurseries.

E. Publicly operated sanitary landfills.

F. Private recreational camps, golf courses and recreational facilities.

G. Public or private utility substations, relay stations, etc.

H. Churches or accessory facilities (on or off site).

5. Bulk Regulations. The following requirements shall provide for light and air around permitted uses and buildings in the AG District:

Minimum Lot Area

Minimum Lot Width

Minimum Front Yard

Minimum Side Yard

Minimum Rear Yard

Maximum Height

(the lesser of)

20 acres

200 feet

50 feet

25 feet

50 feet

2½ stories or 35 feet, excluding farm buildings

Special exceptions and publicly owned and operated buildings and facilities are not subject to bulk regulations.

6. Off-Street Parking. The following off-street parking requirements shall apply in the AG District:

A. Dwellings: two (2) parking spaces on the lot for each living unit in the building.

B. Churches: one (1) parking space on the lot for each five (5) seats in the main auditorium.

C. Public buildings and facilities: one (1) parking space for each 300 square feet of gross floor area or one (1) parking space for each five (5) seats in the main assembly area.

D. Roadside stands: one (1) parking space for each 50 square feet of enclosed floor area.

E. Greenhouses and nurseries: one (1) parking space per 1,000 square feet of enclosed floor area.

7. Off-Street Loading. The following off-street loading requirements shall apply in the AG District:

A. All activities or uses allowed in the AG District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.

B. Loading shall not be permitted to block public right-of-way.

8. Signs. The following sign regulations shall apply to the AG District:

A. Off-premises signs, except for political signs, are not permitted.

B. No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.

C. No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway.

D. No sign may imitate or resemble an official traffic control sign, signal or device.

E. Signs shall not encroach or extend over public right-of-way.

F. No sign may obscure or physically interfere with an official traffic control sign, signal or device.

G. No advertisement or advertising structure shall be posted, erected or maintained which simulates any official, directional or warning sign erected or maintained by the State, County, Municipal or other governmental subdivision or which incorporates or makes use of lights simulating or resembling traffic signals or control signs.

H. No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.

° ° ° ° ° ° ° ° ° °

165.22 RS - RESIDENTIAL SINGLE-FAMILY DISTRICT.

1. Intent. This district is intended to provide for a variety of residential areas where public utilities and services are available and to encourage a suitable living environment through the promotion of public health, safety and welfare. Low and medium population density neighborhoods are recognized and provided for by varying the minimum bulk regulations. Criteria such as topography, soil types, access, traffic load on streets, schools, utilities, recreation and other public facilities shall be taken into consideration when the lot area requirement is established for the various residential areas of the City.

2. Permitted Uses. The following uses are permitted in the RS District:

A. Single-family detached dwellings.

B. Family homes.

C. Home occupations.

D. Publicly owned and operated buildings and facilities.

3. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the RS District:

A. Private garages.

B. Raising and keeping of animals and fowl, but not on a commercial basis or on a scale objectionable to neighbors; the keeping or raising of pigs, sheep, goats, cattle or horses is prohibited except on premises containing two (2) acres or more and except within an enclosure at least 300 feet from any residence now existing or hereafter erected, except that of the owner.

C. Private recreational facilities.

D. Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.

E. Parking lots.

4. Accessory Buildings. No accessory building may be erected in any required front yard and no separate accessory build may be erected within 10 feet of a main building. Where a garage is entered perpendicularly or nearly perpendicularly from the alley it must be kept 15 feet from the alley line. In no case, however, shall the accessory building be closer than 5 feet to the lot line. Accessory buildings located in the rear yard may not occupy more than 30 percent of the rear yard or be greater than 18 feet in height. No accessory building shall be used without occupancy of the principal building.

5. Special Exceptions. Certain uses may be permitted in the RS District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.

A. Nursery schools.

B. Public or private utility substations, relay stations, etc.

C. Churches or accessory facilities (on or off site).

D. Private schools with a curriculum similar to public schools.

E. Golf courses but not miniature courses or separate driving tees.

F. Bed and breakfast houses.

G. Hospitals.

H. Satellite dishes. (Satellite dish antennas, either permanent or temporary, shall be considered as accessory buildings, except that a 72-hour temporary use is allowed. No satellite dish shall exceed a diameter of 12 feet.)

6. Bulk Regulations. The following requirements shall provide for light and air around permitted residential uses and buildings in the RS District:

Minimum Zoning Symbol

Minimum Lot Area

Minimum Lot Width (feet)

Minimum Front Yard (feet)

Minimum Side Yard (feet)

Minimum Rear Yard (feet)

Maximum Height

(the lesser of)

12 RS

12,000 sq. ft.

2½ stories or 35 feet

40 RS

1 acre

200

2½ stories or 35 feet

7. Off-Street Parking. The following off-street parking requirements shall apply in the RS District:

A. Dwellings: two (2) parking spaces on the lot for each living unit in the building.

B. Churches: one (1) parking space on the lot for each five (5) seats in the main auditorium.

C. Public buildings and facilities: one (l) parking space for each 300 square feet of gross floor area or one (1) parking space for each five (5) seats in the main assembly area.

D. Elementary, junior high and equivalent private or parochial schools: one (1) parking space for each classroom and office plus one (1) parking space for each 300 square feet of gross floor area in the auditorium or gymnasium.

E. Senior high schools and equivalent private or parochial schools: one (1) parking space for each employee and one (1) parking space for each ten (10) students.

F. Colleges, universities, institutions of higher learning, and equivalent private or parochial schools: one (l) parking space for each employee and one (1) parking space for each five (5) students.

G. Nursery schools: one (1) parking space per employee.

8. Off-Street Loading. The following off-street loading requirements shall apply in the RS District:

A. All activities or uses allowed in the RS District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.

B. Loading shall not be permitted to block public right-of-way.

9. Signs. The following sign regulations shall apply to the RS District:

A. Off-premises signs, except for political signs, are not permitted.

B. No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.

C. No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway.

D. No sign may imitate or resemble an official traffic control sign, signal or device.

E. Signs shall not encroach or extend over public right-of-way.

F. No sign may obscure or physically interfere with an official traffic control sign, signal or device.

H. No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.

10. Vehicles – Trailers. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any lot other than in completely enclosed buildings. No automotive vehicle or trailers of any kind shall be parked or stored on any lot in this district in a required front yard except when parked on a designated gravel, concrete or asphalt surfaced driveway. No vehicle of any kind shall be parked on public or private property so as to create a safety hazard with pedestrian or vehicular traffic.

165.23 RM - RESIDENTIAL MULTI-FAMILY DISTRICT.

1. Intent. This district is intended to provide for a variety of multi-family residential areas where public utilities and services are available and to encourage a suitable living environment through the promotion of public health, safety and welfare. Medium and high population density neighborhoods are recognized and provided for by varying the minimum bulk regulations. Criteria such as topography, soil types, access, traffic load on streets, schools, utilities, recreation and other public facilities shall be taken into consideration when the lot area requirement is established for the various multi-family residential areas of the City.

2. Permitted Uses. The following uses are permitted in the RM District:

A. Single-family detached dwellings.

B. Multi-family dwellings (as per bulk regulations).

C. Public parks and recreation open space.

D. Home occupations.

E. Family homes.

3. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the RM District:

A. Private garages.

B. Parking lots.

C. Raising and keeping of animals and fowl, but not on a commercial basis or on a scale objectionable to neighbors; the keeping or raising of pigs, sheep, goats, cattle or horses is prohibited except on premises containing two (2) acres or more and except within an enclosure at least 100 feet from any residence existing or hereafter erected.

D. Private recreational facilities.

E. Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.

4. Accessory Buildings. No accessory building may be erected in any required front yard and no separate accessory build may be erected within 10 feet of a main building. Where a garage is entered from the alley it must be kept 15 feet from the alley line. In no case, however, shall the accessory building be closer than 5 feet to the lot line. Accessory buildings located in the rear yard may not occupy more than 30 percent of the rear yard or be greater than 12 feet in height. No accessory building shall be used without occupancy of the principal building.

5. Special Exceptions. Certain uses may be permitted in the RM District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.

A. Nursery schools.

B. Public or private utility substations, relay stations, etc.

C. Churches and publicly owned and operated buildings and facilities.

D. Private schools with curriculum similar to public schools.

E. Lodging houses, dormitories, fraternities and sororities.

F. Satellite dishes.

G. Bed and breakfast houses.

H. Health care facilities.

6. Bulk Regulations. The following requirements shall provide for light and air around permitted residential uses and buildings in the RM District:

Zoning Symbol	Minimum Lot Area per Dwelling (sq. ft.)	Units Gross Acre	Minimum Lot Area (sq. ft.)	Minimum Lot Width (feet)	Minimum Front Yard (feet)	Minimum Side Yard (feet)	Minimum Rear Yard (feet)	Maximum Height (feet)
2 RM	2,000	(21)	12,000	80	25	15	30	45
3 RM	3,000	(14)	12,000	80	25	15	30	45
4 RM	4,000	(10)	12,000	80	25	15	30	45
5 RM	5,000	(8)	12,000	80	25	15	30	45
Single-family dwellings shall meet the same bulk regulations as the multi-residential uses described above. Where public sewer facilities are not available, not less than 1 acre of lot area is required.

7. Off-Street Parking. The following off-street parking requirements shall apply in the RM District:

A. Single-family dwellings: two (2) parking spaces on the lot.

B. Multi-family dwellings: two (2) parking spaces on the lot for each dwelling unit.

C. Churches: one (1) parking space on the lot for each five (5) seats in the main auditorium.

D. Elementary, junior high and equivalent private or parochial schools: one (l) parking space for each classroom and office plus one (1) parking space per each 300 square feet of gross floor area in auditorium or gymnasium.

E. Senior high schools and equivalent private or parochial schools: one (1) parking space for each employee and one (1) parking space for each ten (10) students.

F. Colleges, universities, institutions of higher learning, and equivalent private or parochial schools: one (1) parking space for each employee and one (1) parking space for each five (5) students.

G. Public buildings and facilities: one (1) parking space for each 300 square feet of gross floor area or one (1) parking space for each five (5) seats in the main assembly area.

H. Nursery schools: one (1) parking space per employee and one space for each five (5) children that the school is licensed for.

8. Off-Street Loading. The following off-street loading requirements shall apply in the RM District:

A. All activities or uses allowed in the RM District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.

B. Loading shall not be permitted to block public right-of-way.

9. Signs. The following sign regulations shall apply to the RM District:

A. Off-premises signs, except for political signs, are not permitted.

B. No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.

C. No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway.

D. No sign may imitate or resemble an official traffic control sign, signal or device.

E. Signs shall not encroach or extend over public right-of-way.

F. No sign may obscure or physically interfere with an official traffic control sign, signal or device.

H. No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.

165.24 MH - MOBILE HOME DISTRICT.

1. Intent. This district is intended to provide for certain medium density residential areas in the City now developed as mobile home parks which by reason of their design and location are compatible with surrounding residential areas and areas of the City where similar development seems likely to occur. This district has useful application as a transition zone between shopping areas and residential areas and is normally located along thoroughfares where direct access to the site is available.

2. Permitted Uses. The following uses are permitted in the MH District:

A. Mobile homes located in an approved mobile home park.

B. Home occupations.

3. Accessory Uses.

A. Private recreational facilities.

B. Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon completion or abandonment of the construction work.

4. Special Exceptions.

A. Public or private utility substation, relay stations, etc.

B. Nursery schools.

C. Churches or accessory facilities (on or off site).

D. Satellite dishes. (Satellite dish antennas, either permanent or temporary, shall be considered as accessory buildings, except that a 72-hour temporary use is allowed. No satellite dish shall exceed a diameter of 12 feet.)

5. Bulk Regulations. The following requirements shall provide for light and air around permitted residential uses and buildings in the MH District:

A. Density is limited to seven (7) mobile homes per acre.

B. No mobile home shall be located within fifteen (15) feet of any other, within five (5) feet of any driveway or parking space, within forty (40) feet of the right-of-way line of a street.

C. Each mobile home site shall be provided with a stand consisting of a solid, 6-inch thick, poured Portland cement concrete apron not less than eight (8) feet wide and forty-five (45) feet long and a paved outdoor patio of at least one hundred eighty (180) square feet located at the main entrance to the mobile home. Said apron shall have 42-inch frost-free footings around the perimeter.

D. A greenbelt, at least thirty (30) feet in width, shall be located along all boundaries of each mobile home park, except where it is crossed by driveways.

E. Each mobile home shall be located on a lot having an area of at least 5,000 square feet.

F. Each mobile home park shall be graded and drained so that rain water will not stand in pools or puddles.

G. Each street and parking area in any mobile home park shall be bounded by a sidewalk at least four (4) feet wide.

H. All minimum street widths in mobile home parks shall be approved as private streets and further comply with the following:

(1) No parking on street 1 way 14 feet 2 way 20 feet

(2) Parallel parking on side 1 way 20 feet 2 way 30 feet

(3) Parallel parking both sides 1 way 26 feet 2 way 36 feet

165.25 BC - CENTRAL BUSINESS COMMERCIAL DISTRICT.

1. Intent. This district is intended to accommodate the major business and office concentration in Swisher. It is characterized further by a variety of stores and related activities which occupy the central commercial area of Swisher. This district is intended to be the single central business district of Swisher and no other use of this district shall be utilized other than contiguously with the currently established BC District.

2. Permitted Uses. The following uses are permitted in the BC District:

A. Business sales and services conducted entirely within the building, including those with incidental manufacturing or processing of goods or products.

B. Offices/clinics.

C. Multi-family dwellings – 2^nd floor and above, when in mixed use with other commercial uses.

D. Publicly owned and operated buildings and facilities.

E. Single-family detached dwellings.

3. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the BC District:

A. Outdoor sales and service.

B. Private garages.

C. Parking lots.

D. Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.

E. Accessory uses customarily incidental to any permitted principal use.

4. Special Exceptions. Certain uses may be permitted in the BC District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.

A. Service stations.

B. Warehousing.

C. Outdoor storage.

D. Churches or accessory facilities (on or off site).

E. Satellite dishes. (Satellite dish antennas, either permanent or temporary, shall be considered as accessory buildings, except that a 72-hour temporary use is allowed. No satellite dish shall exceed a diameter of 12 feet.)

5. Bulk Regulations. The following requirements shall provide for light and air around permitted uses and buildings in the BC District:

Minimum Lot Area

Minimum Lot Width

Minimum Front Yard

Minimum Side Yard

Minimum Rear Yard

Maximum Height

(the lesser of)

None, unless used solely for residential purposes, then 12,000 sq. ft.

20 feet

None

If adjacent to a residential district, the side yard shall be equal to the minimum side yard required in the adjacent district, but in no instance less than 15 feet

If adjacent to a residential district, the rear yard shall be equal to the minimum rear yard required in the adjacent district, but in no instance less than 15 feet

3 stories or
45 feet

Where this district abuts a lower intensity district, the greater side and rear yard setbacks apply.

6. Off-Street Parking.

A. Sales and service buildings: one (1) parking space per 300 square feet of gross floor area.

B. Offices: one (1) parking space per 300 square feet of gross floor area.

C. Clinics: one (1) parking space per 300 square feet of gross floor area.

D. Churches: one (1) parking space on the lot for each 5 seats in the main auditorium.

E. Public buildings and facilities: one (1) parking space per 300 square feet of gross floor area.

F. Hotels and motels: one (1) parking space per room plus one (1) parking space for each employee.

7. Off-Street Loading. The following off-street loading requirements shall apply in the BC District:

A. All activities or uses allowed in the BC District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.

B. Loading shall not be permitted to block public right-of-way.

8. Signs. The following sign regulations shall apply to the BC District:

A. Off-premises signs, except for political signs, are not permitted.

B. No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.

C. No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway.

D. No sign may imitate or resemble an official traffic control sign, signal or device.

E. No sign may obscure or physically interfere with an official traffic control sign, signal or device.

F. No advertisement or advertising structure shall be posted, erected or maintained which simulates any official, directional or warning sign erected or maintained by the State, County, Municipal or other governmental subdivision or which incorporates or makes use of lights simulating or resembling traffic signals or control signs.

G. No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.

H. The total square footage of sign area shall not exceed the lineal number of feet of street frontage of the lot.

I. Signs, awnings, canopies and marquees as attached to and part of a building may project over the right-of-way but in no case shall they be closer to the curb line than two feet.

° ° ° ° ° ° ° ° ° °

165.26 AC - ARTERIAL COMMERCIAL DISTRICT.

1. Intent. This district is intended to provide for certain areas of the City for the development of service, retail, and other non-residential uses which because of certain locational requirements and operational characteristics are appropriately located in close proximity to arterial and other main thoroughfares. Residential type structures are also permitted. The district is further characterized by a typical need for larger lot sizes, off-street parking, adequate setbacks, clear vision, safe ingress and egress, and access to other adjacent thoroughfares.

2. Permitted Uses.

A. Sales and display rooms and lots, including yards for the storage or display of new or used building materials but not for any scrap or salvage operation storage or sales.

B. Offices and clinics.

C. Churches or accessory facilities (on or off site).

D. Hotels and motels.

E. Any other retail or service sales business, including food preparation for sale off-premises.

F. Publicly owned and operated buildings and facilities.

3. Accessory Uses. Uses of land or structures customarily incidental and subordinate to a permitted use in the AC District:

A. Private recreational facilities.

B. Living quarters of persons employed on the premises and not rented or otherwise used as a separate dwelling.

C. Private garages.

D. Parking lots.

E. Temporary buildings for the uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.

4. Special Exceptions. Certain uses may be permitted in the AC District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.

A. Public or private utility substations, relay stations, etc.

B. Satellite dishes. (Satellite dish antennas, either permanent or temporary, shall be considered as accessory buildings, except that a 72-hour temporary use is allowed. No satellite dish shall exceed a diameter of 12 feet.)

5. Bulk Regulations. The following requirements shall provide for light and air around permitted uses and buildings in the AC District:

Minimum Lot Area

Minimum Lot Width

Minimum Front Yard

Minimum Side Yard

Minimum Rear Yard

Maximum Height

(the lesser of)

12,000 sq. ft.

80 feet

35 feet

If adjacent to a residential district, the side yard shall be equal to the minimum side yard required in the adjacent district, but in no instance less than 15 feet

If adjacent to a residential district, the rear yard shall be equal to the minimum rear yard required in the adjacent district, but in no instance less than 15 feet

3 stories or
45 feet

6. Off-Street Parking. The following off-street parking requirements shall apply in the AC District:

A. Sales and service buildings: one (1) parking space per 300 square feet of gross floor area.

B. Offices/clinics: one (1) parking space per 300 square feet of gross floor area.

C. Churches: one (1) parking space on the lot for each five (5) seats in the main auditorium.

D. Public buildings and facilities: one (1) parking space per 300 square feet of gross floor area or one (1) parking space for each five (5) seats in the main assembly area.

E. Hotels and motels: one (1) parking space per room plus one (1) parking space for each employee.

7. Off-Street Loading. The following off-street loading requirements shall apply in the AC District:

A. All activities or uses allowed in the AC District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.

B. Loading shall not be permitted to block public right-of-way.

8. Signs. The following sign regulations shall apply to the AC District:

A. Off-premises signs are permitted.

B. Off-premises signs shall comply with the setbacks of the districts they are located in. Other bulk regulations do not apply. Off-premises signs are governed by State and Federal regulations along highways, where zoning exists.

C. No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.

D. No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway.

E. No sign may imitate or resemble an official traffic control sign, signal or device.

F. Signs shall not encroach or extend over public right-of-way.

G. No sign may obscure or physically interfere with an official traffic control sign, signal or device.

H. No advertisement or advertising structure shall be posted, erected or maintained which simulates any official, directional or warning sign erected or maintained by the State, County, Municipal or other governmental subdivision or which incorporates or makes use of lights simulating or resembling traffic signals or control signs.

I. No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.

J. There shall only be allowed a sign for each 50 feet of street frontage provided there are not more than two such signs for each business and provided said sign or signs do not exceed a total area on any one face of two square feet per lineal foot of street frontage and not to exceed two such faces.

° ° ° ° ° ° ° ° ° °

165.27 LI - LIGHT INDUSTRIAL DISTRICT.

1. Intent. This district is intended to provide for areas of development by industrial firms that have high standards of performance and that can locate in close proximity to residential and business uses. The district regulations are designed to permit the development of any manufacturing or industrial operations which on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the community as a whole by reasons of noise, dust, smoke, odor, traffic, physical appearance or other similar factors. Outdoor storage is allowed in this district when the material is enclosed within a solid fence at least six (6) feet high and said fence being within required building lines. All industrial operations must be in an enclosed building. No residential uses are permitted in this district.

2. Permitted Uses. The following uses are permitted in the LI District:

A. Any nonresidential building or use which would not be hazardous, obnoxious, offensive or unsightly by reason of odor, sound, vibrations, radioactivity, electrical interference, glares, liquid or solid waste, smoke, or other air pollutants.

B. Storage, manufacture, compounding, processing, packing and/or treatment of products, exclusive of the rendering or refining of fats and/or oils.

C. Manufacture, compounding, assembly and/or treatment of articles or merchandise derived from previously prepared materials.

D. Assembly of appliances and equipment, including manufacture of small parts.

E. Wholesale distribution of all standard types of prepared or packaged merchandise.

F. Sale and storage of building materials. Outdoor or open storage shall be allowed only when the material is enclosed within a solid fence at least six (6) feet high and said fence being within required building lines.

G. Contractors’ offices and storage of equipment.

H. Public or private utility substations, relay stations, etc.

3. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the LI District.

A. Accessory buildings and uses customarily incidental to a permitted use.

B. Living quarters for watchmen or custodians of industrial properties.

4. Special Exceptions. Certain uses may be permitted in the LI District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.

5. Bulk Regulations. The following requirements shall provide for light and air around permitted uses and buildings in the LI District:

Minimum Lot Area

Minimum Lot Width

Minimum Front Yard

Minimum Side Yard

Minimum Rear Yard

Maximum Height

(the lesser of)

none

25 feet

None, except that if adjacent to an “R” district, then it shall be 15 feet

25 feet, unless bordering a railroad right-of-way, in which case none required

3 stories or
45 feet

6. Off-Street Parking. The following off-street parking requirements shall apply in the LI District:

A. All commercial uses shall provide one (1) parking space on the lot for each 300 square feet of floor area.

B. All industrial uses shall provide one (1) parking space on the lot for each two (2) employees of maximum number employed at any one time.

7. Off-Street Loading. The following off-street loading requirements shall apply in the LI District:

A. All activities or uses allowed in the LI District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.

B. Loading shall not be permitted to block public right-of-way.

8. Signs. The following sign regulations shall apply to the LI District:

A. Off-premises signs are permitted.

C. No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.

D. No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway.

E. No sign may imitate or resemble an official traffic control sign, signal or device.

F. Signs shall not encroach or extend over public right-of-way.

G. No sign may obscure or physically interfere with an official traffic control sign, signal or device.

I. No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.

° ° ° ° ° ° ° ° ° °

165.28 HI - HEAVY INDUSTRIAL DISTRICT.

1. Intent. This district is intended to provide areas for activities and uses of a heavy industrial character and is the least restrictive of any district. In the best interest of the City, certain uses in the HI District shall be subject to final City Council approval, conditional approval, or denial to insure that proper safeguards are taken. No residential uses are permitted.

2. Permitted Uses. There may be any use, excluding residential uses and mobile homes. The following uses must be given separate City Council approval before a zoning/building permit is issued:

A. Acid manufacture.

B. Cement, lime, gypsum, or plaster of paris manufacture.

C. Distillation of bones.

D. Explosive manufacture or storage.

E. Fat rendering.

F. Fertilizer manufacture.

G. Gas manufacture.

H. Garbage, offal, or dead animals, reduction or dumping.

I. Glue manufacture.

J. Petroleum, or its products, refining of.

K. Smelting of tin, copper, zinc, or iron ores.

L. Stockyards or slaughter of animals.

M. Junk yards. Must be surrounded by a solid fence at least six (6) feet high located within building lines and the junk piled not higher than the fence.

Before granting such separate approval, the City Council shall refer applications to the Commission for study, investigation and report. If no report is received in thirty (30) days, the City Council may assume approval of the application. The City Council shall then, after holding a public hearing, consider all of the following provisions in its determination upon the particular use at the location requested: (1) that the proposed location, design, construction, and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing or working in adjoining or surrounding property; (2) that such use shall not impair an adequate supply of light and air to surrounding property; (3) that such use shall not unduly increase congestion in the streets, or public danger of fire and safety; (4) that such use shall not diminish or impair established property values in adjoining or surrounding property; and (5) that such use shall be in accord with the intent, purpose and spirit of this chapter and the Comprehensive Plan of the City.

3. Required Conditions.

A. The best practical means known for the disposal of refuse matter or water-carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance shall be employed and subject to all State and Federal regulations and shall not impose or cause undue public infrastructure capacity limitations.

B. All principal buildings and all accessory buildings or structures, including loading and unloading facilities, shall be located at least one hundred (100) feet from any “R” District boundary, except where adjoining a railroad right-of-way, and fifty (50) feet from any commercial boundary.

4. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the HI District.

A. Accessory buildings and uses customarily incidental to a permitted use.

B. Living quarters for watchmen or custodians of industrial properties.

5. Bulk Regulations. The following requirements shall provide for light and air around permitted uses and buildings in the HI District:

Minimum Lot Area

Minimum Lot Width

Minimum Front Yard

Minimum Side Yard

Minimum Rear Yard

Maximum Height

(the lesser of)

none

30 feet

None, except that when adjacent to an “R” district, it shall be 100 feet and 50 feet from any commercial boundary

30 feet, unless bordering a railroad right-of-way, in which case none required

3 stories or
45 feet

6. Off-Street Parking. The following off-street parking requirements shall apply in the HI District:

A. All commercial uses shall provide one (1) parking space on the lot for each 300 square feet of floor area.

B. All industrial uses shall provide one (1) parking space on the lot for each two (2) employees of maximum number employed at any one time.

7. Off-Street Loading. The following off-street loading requirements shall apply in the HI District:

A. All activities or uses allowed in the HI District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.

B. Loading shall not be permitted to block public right-of-way.

8. Signs. The following sign regulations shall apply to the HI District:

A. Off-premises signs are permitted.

C. No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.

D. No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway.

E. No sign may imitate or resemble an official traffic control sign, signal or device.

F. Signs shall not encroach or extend over public right-of-way.

G. No sign may obscure or physically interfere with an official traffic control sign, signal or device.

I. No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.

° ° ° ° ° ° ° ° ° °

165.29 SUPPLEMENTARY DISTRICT REGULATIONS.

1. Building Lines on Approved Plats. Whenever the plat of a land subdivision approved by the Planning Commission and on record in the office of the County Recorder shows a building line along any frontage for the purpose of creating a front yard or side street yard line, the building line thus shown shall apply along such frontage in place of any other yard line required in this chapter unless specific yard requirements in this chapter require a greater setback.

2. Structures to Have Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

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

4. Accessory Buildings. No accessory building may be erected in any required front yard and no separate accessory building may be erected within ten (10) feet of a main building. Where a garage is entered perpendicularly or nearly perpendicularly from the alley it must be kept 15 feet from the alley line. In no case, however, shall the accessory building shall be closer than five (5) feet to the lot line. Accessory buildings located in the rear yard may not occupy more than thirty percent (30%) of the rear yard or be greater than 18 feet in height. No accessory building shall be used without occupancy of the principal building. All accessory buildings and uses must be located on the same lot or tract of ground as the principal building or use.

5. Fences. No fence or hedge more than 30 percent solid or more than three (3) feet high may be located within 30 feet of a street intersection. Fences or hedges less than four (4) feet high may be located on any remaining part of a lot. Fences or hedges less than six (6) feet high may be erected on those parts of a lot that are as far back or farther back from a street than the main building. Higher fences may be allowed by special exception only.

6. Height Limits. Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tank, water towers, ornamental towers, spires, wireless tower, grain elevators, or necessary mechanical appurtenances are exempt from the height regulations provided in specific district regulations.

7. Front Yards. Where, on the effective date of the Zoning Ordinance, 40 percent or more of a frontage was occupied by two or more buildings, then the front yard is established in the following manner:

A. Where the building farthest from the street provides a front yard not more than ten (10) feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of the then existing front yards.

B. Where the condition described in paragraph A is not the case and a lot is within 100 feet of a building on each side, then the front yard is a line drawn from the closest front corners of these two adjacent buildings.

C. Where the conditions described in paragraphs A and B are not the case and the lot is within 100 feet of an existing building on one side only, then the front yard is the same as that of the existing adjacent building.

8. Other Projections. Sills, belt courses, cornices, and ornamental features may project only two (2) feet into a required yard.

9. Fire Escapes. Open fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard for a distance of not more than three and one-half (3½) feet when so placed as not to obstruct light and ventilation, may be permitted by the Zoning/Building Administrator.

10. Porches. Open, unenclosed porches may extend ten (10) feet into a front yard.

11. Terraces. Terraces which do not extend above the level of the ground (first) floor may project into a required yard, provided these projections are distant at least two (2) feet from the adjacent side lot line.

12. Utility Service Lines. Nothing in these regulations shall have the effect of prohibiting utility service lines.

13. Depth of Front Yards. Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point on the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear front yard lines shall be parallel.

14. Yards and Visibility. On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of three (3) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines twenty-five (25) feet from the point of the intersection (see Diagram).

Diagram

Corner Lots – Yards and Visibility

15. All vehicular parking spaces located in required front yards shall be a minimum of ten (10) feet in width and be surfaced with gravel, concrete, or asphalt.

16. Private swimming pools shall be allowed only in rear yards and shall not be allowed in front or side yards.

° ° ° ° ° ° ° ° ° °

165.30 ADMINISTRATION. All questions of interpretation and enforcement shall be first presented to the Zoning/Building Administrator, or that person’s assistant, and such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Zoning/Building Administrator, and recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law and particularly by Chapter 414, Code of Iowa.

165.31 AMENDMENTS. The regulations, restrictions, and boundaries may, from time to time, be amended, supplemented, changed, modified, or repealed, provided that at least seven (7) days’ notice of the time and place of such hearing shall be published in a paper of general circulation in the City. In no case shall the notice be published more than twenty (20) days prior to the hearing. The Zoning/Building Administrator shall mail to property owners within 200 feet of the subject property a copy of the public hearing notice and an explanation of their rights to be heard or to protest the proposed action on the property. Failure of property owners to receive this notice shall not invalidate any subsequent action of the City. Further, the applicant shall be required to post a sign upon the property. The City shall provide the applicant with the required form of the sign. The sign shall be displayed at a prominent place on the property. Placement of the sign shall be subject to the approval of the Zoning/Building Administrator. Notice shall be posted not less than ten days before the public hearing. Notwithstanding Section 414.2, as a part of an ordinance changing land from one zoning district to another zoning district or an ordinance approving a site development plan, the Council may impose conditions on a property owner which are in addition to existing regulations if the additional conditions have been agreed to in writing by the property owner before the public hearing required under this section or any adjournment of the hearing. The conditions must be reasonable and imposed to satisfy public needs which are directly caused by the requested change. In case, however, of a written protest again a change or repeal which is filed with the City Clerk and signed by the owners of twenty percent or more of the area of the lots included in the proposed change or repeal, or by the owners of twenty percent or more of the property which is located within two hundred feet of the exterior boundaries of the property for which the change or repeal is proposed, the change or repeal shall not become effective except by the favorable vote of at least three-fourths of all the members of the Council. The protest, if filed, must be filed before or at the public hearing. Proposed amendments not recommended by the Planning and Zoning Commission shall become effective only upon a favorable vote of three-fourths (¾) of the members of the City Council. All zoning amendment application forms shall be approved by resolution of the City Council.

165.32 PENALTIES FOR VIOLATION. Any person violating any of the provisions of this chapter or any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall, upon conviction, be subject to the penalties set forth in Section 1.14 of the Swisher Code of Ordinances or a violation of any of the provisions of this chapter shall constitute a municipal infraction and may be enforced under Chapter 3 of the Swisher Code of Ordinances. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City from taking such other legal action as is necessary to prevent any violation.

165.33 SCHEDULE OF FEES, CHARGES, AND EXPENSES. The City Council shall establish a schedule of fees, charges, and expenses and a collection procedure for zoning district changes, zoning permits, appeals, and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Zoning/Building Administrator, and the City Clerk, and may be altered or amended only by the City Council, as recommended by the Commission. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

165.34 COMPLAINTS REGARDING VIOLATIONS. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning/Building Administrator. The Administrator shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.

EDITOR’S NOTE
The following ordinances have been adopted amending the Official Zoning Map and have not been included as a part of this Code of Ordinances but have been specifically saved from repeal and are in full force and effect.
ORDINANCE NUMBER	DATE ADOPTED
2003-188	May 12, 2003
195	March 14, 2005
199	July 11, 2005
200	July 11, 2005
205-206	February 13, 2006
209	June 12, 2006
212	May 14, 2007
213	September 24, 2007
216	May 12, 2008
217	June 9, 2008

° ° ° ° ° ° ° ° ° °

†See EDITOR’S NOTE at the end of this chapter for ordinances amending the zoning map.