Planning and Zoning Commission

CITY OF KNOXVILLE October 10, 2023 PLANNING & ZONING COMMISSION 5:30 P.M. REGULAR MEETING COUNCIL CHAMBERS AGENDA MEMBERS PRESENT: Mike Cox____, Kirsten Meyers____, Ryan Roberts____, Sander Stotland____, Willie Swayne____, Lucas Young____, Scott Ziller____ ITEM AGENDA: 1. Call to Order 2. Roll Call 3. Approve Meeting Agenda 4. Approve Meeting Minutes a. August 8, 2023 5. New Business a. Consider a request from Delaney Petersen for a painted wall sign at 225 E. Main Street (Ivory Soul) b. Consider possible amendments to the Knoxville Zoning Code regarding: • Commercial Districts (Chapter 7) • Definitions (Chapter 1) • Off-Street Parking (Chapter 9) 6. Comments a. Board Members b. Staff 7. Adjourn City of Knoxville | 305 S. Third Street | Knoxville, IA 50138 | 641-828-0550 www.knoxvilleia.gov  PLANNING & ZONING COMMISSION MINUTES August 8, 2023 The meeting was called to order at 5:30 pm by Acting Chairperson Kirsten Meyers and on roll call the following members were present: • Mike Cox • Sander Stotland • Kirsten Meyers • Lucas Young • Ryan Roberts • Scott Ziller Members not present: Willie Swayne Staff Present: Nathan Parch, Planning & Zoning Administrator, and Glenn Lyons, Economic Development Director Public Present: Jason Maasdam and Rod Curtis – Eye Health Solutions project Nathan Parch introduced new member Ryan Roberts who was appointed to the Planning & Zoning Commission by City Council on May 1, 2023 for a 5-year term expiring May 2028. It was moved by Lucas Young and seconded by Scott Ziller to approve the August 8, 2023 agenda. Motion approved on voice vote: Ayes: Cox, Meyers, Roberts, Stotland, Young, Ziller; Nays: None; Absent: Swayne It was moved by Lucas Young and seconded by Ryan Roberts to approve the minutes of the April 18, 2023 meeting. Motion approved on voice vote: Ayes: Cox, Meyers, Roberts, Stotland, Young, Ziller; Nays: None; Absent: Swayne New Business: Consider a request from Amber Staton for a painted wall sign at 112 N. 2nd Street Members reviewed a request from building/business owner Amber Staton for an 8’x8’ painted wall sign to be installed on the exterior side wall (facing the alley) of the building at 112 N. 2nd Street, home to Smoosh Pet Bakery & Spa. Motion was made by Ryan Roberts to approve the painted wall sign as proposed. The motion was seconded by Sander Stotland. Motion approved on roll call vote: Ayes: Cox, Meyers, Roberts, Stotland, Young, Ziller; Nays: None; Absent: Swayne 1  PLANNING & ZONING COMMISSION MINUTES August 8, 2023 Consider a site plan from Jason Maasdam for a building addition and onsite parking at 414 E. Main Street Members reviewed a site plan for a 1,500-square foot building addition to the Eye Health Solutions Clinic that will house four exam rooms and additional testing and office space and two onsite parking areas at 414 E. Main Street. Motion was made by Lucas Young to approve the site plan as presented with the condition that the action items outlined in the August 2, 2023 staff report are addressed prior to issuance of a building permit. The motion was seconded by Mike Cox. Motion approved on roll call vote: Ayes: Cox, Meyers, Roberts, Stotland, Young, Ziller; Nays: None; Absent: Swayne Consider possible amendments to the Knoxville Zoning Code Commercial Districts Ordinance Economic Development Director Glenn Lyons reviewed a report summarizing staff’s recommended changes to the city’s commercial zoning districts. The report focused on four areas: (1) changes to the scope and intent of commercial districts C-1, C-2, C-3, and C-4; (2) changes to permitted land uses in each district, as well as consolidating similar uses into a common, single theme and adding definitions where absent; (3) changes to bulk regulations and development rules, where needed; and (4) changes to on-site parking requirements. Members were in agreement that the next step would be for staff to prepare proposed amendments that addressed these changes for consideration at a future meeting. Motion was made and seconded to adjourn. Meeting adjourned at 6:50 pm. ________________________________ _______________________________ Kirsten Meyers, Acting Chairperson Nathan Parch, Planning & Zoning Administrator 2  PLANNING & ZONING COMMISSION STAFF REPORT OCTOBER 3, 2023 PAINTED WALL SIGN REQUEST SUMMARY CASE NUMBER: SIGN-23-003 PREPARED BY: Nathan Parch, Planning & Zoning Administrator MEETING DATE: October 10, 2023 – Planning & Zoning Commission REQUEST: Consider Request for Painted Wall Sign PURPOSE: Add Artistic Mural to Accentuate East Exterior Wall at 225 E. Main Street SUMMARY OF REQUEST: Delaney Petersen, of Ivory Soul LLC, intends to paint a mural on the east-facing wall of her corner building located at 225 E. Main Street (intersection of Main and 3rd Streets). The brick building was recently painted white and the mural will be painted directly on the brick wall. The mural design is attached and shows the intended colors for the arches and sun. All other details will be outlined in black with no additional color. Knoxville art teacher Evy Beal will be painting the mural. Staff considers a portion of the mural, lower section near the sidewalk, to be a painted wall sign - specifically the text “Ivory Soul” – because it advertises a business. Such signs are permitted pending approval from the Planning & Zoning Commission and issuance of a sign permit. There are no size or area restrictions on painted wall signs. The first floor of the building will house Ms. Petersen’s store – Ivory Soul – which is currently an online business. A picture is attached showing the proposed permanent wall sign and awning for the front of the building facing Main Street. This is provided to illustrate the full exterior design for both street- facing façades. A permit for the front wall sign and awning was recently approved by staff and does not require any action from the Planning & Zoning Commission. ANALYSIS OF REQUEST: The city’s signage regulations do not address murals or painted wall surfaces of an artistic nature, other than protections for all signage against obscene, explicit, or offensive subjects1. Therefore, it is staff’s interpretation that the design, color, and content of painted wall surfaces, such as what is proposed here, are not regulated unless specific areas are considered to be a “Sign” or “Painted Wall Sign” as defined below. SIGN: Any object or device or part thereof situated outdoors or indoors which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, 1 Obscene, Explicit Or Offensive Sign Subjects: Signs which bear or contain statements, words, pictures, or symbols of obscene, pornographic or immoral subjects are prohibited. The city manager or his/her designee who approves sign permits shall determine whether or not a sign is immoral. Should a permit application be denied, the permit applicant may appeal the decision to the board of adjustment. 9-17-10: PROHIBITED OR RESTRICTED SIGNS  product, service, event or location by any means including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination or projected images. PAINTED WALL SIGNS: Signs painted directly onto a building wall. As a point of reference, permanent wall signs (attached to a wall) are permitted so long as their total sign area does not exceed two (2) square feet for each linear foot of building frontage parallel to the adjoining street. Businesses located on corner lots are allowed one permanent wall sign per street frontage. In the case of the subject property, a sign area of 40 SF is allowed on Main Street (2’x20’) and a sign area of 120 SF is allowed on 3rd Street (2’x60’). The painted wall sign will be well within the area permitted for a permanent wall sign even though, as noted above, such signs have no size or area restrictions. PROCESS: Action taken by the Planning & Zoning Commission on this matter is final. An affirmative vote is required in order for staff to issue a sign permit. Otherwise, the permit will be denied. ACTION: The Planning and Zoning Commission may choose one of the following four actions: 1. Approve the Request as presented (Staff Recommendation) 2. Approve the Request with Conditions 3. Deny the Request 4. Table this meeting to the next meeting if more information is required 2  Chapter 7 Commercial Districts ARTICLE A. GENERAL RULES FOR COMMERCIAL DISTRICTS 9-7A-1: INTENT The C-1 District – Neighborhood Commercial The C-1 District is intended to provide for a mix of residential and compatible commercial uses In a predominantly residential neighborhood setting. The C-2 District – General Commercial The C-2 District is intended to provide general commercial uses along major streets and highways in the city. The uses permitted are intended to accommodate the needs of the auto travelling consumer. The C-3 District – Central Business Frame The C-3 District is intended for use in areas adjacent to the Central Business District in which a mix of compatible, urban-oriented, commercial and residential development can be accommodated. This District is not intended to be used in other parts of the city. The C-4 District – Central Business District The C-4 District is intended to accommodate a variety of retail, consumer service, and office uses within the Central Business District. The C-4 District is designed to encourage rehabilitation of existing buildings and to ensure that, when new development occurs, it follows the existing traditional built patterns within the Central Business District. The C- 4 District is not intended to be used outside of Knoxville’s original business core. 9-7A-2: PERMITTED USES The permitted uses for the C-1, C-2, C-3, and C-4 districts are as follows: Commercial Uses C-1 C-2 C-3 C-4 Car Washes x Convenience Stores x x x x Entertainment Centers x x x Financial Institutions x x x x Funeral Homes x x Garden Stores and Nurseries x Gas Stations x Golf, Miniature Courses x Grocery Stores x Hotels x x Medical, Dental or Health Clinics x x x x Offices x x x x Parking Lots and Structures x x x Personal Service Businesses x x x x Private Clubs x x x x Public Auction Facilities x Restaurants x x x x Retail & Consumer Services x x x x Taverns x x x Vehicle Sales and Services x Veterinary Clinics and Kennels x Wholesale Display and Services x Residential Uses Apartment Dwellings x x x Apartment Units in Mixed Use Developments x x x x Attached Dwellings x x x Detached Dwellings x x Duplex Dwellings x x Home Occupations x x x x Public & Quasi Public Uses Childcare Centers x x x x Early Education Centers x x x x Hospitals x x Nursing Homes and Hospices x x Places of Worship x x x x Public Buildings or Uses x x x x Public Parks, Recreation Areas, & Community Centers x x x x Schools x x x x  Theaters x x x Combinations of uses listed above may be accepted by the Zoning Administrator. Similar or compatible uses to those listed above may be accepted by the Zoning Administrator. 9-7A-3: PERMITTED ACCESSORY USES The permitted accessory uses for the C-1, C-2, and C-4 Districts are as follows: Accessory Uses C-1 C-2 C-3 C-4 Merchandise Storage x Private Residential Garages x x x Private Swimming Pools x x x Temporary Buildings on Construction Sites x x x x Temporary Real Estate Sales Offices in New Homes x x x x 9-7A-4: SPECIAL USES The following special uses may be acceptable in the C-1, C-2, and C-3 Districts. Special Uses C-1 C-2 C-3 C-4 Cemeteries & Mausoleums x Contractor Shops x Local Public Utility Facilities x x x x Lumberyards x Self-Storage Facilities x Screened-In Storage Yards x 9-7A-5: NONRESIDENTIAL BULK REGULATIONS AND DEVELOPMENT RULES The following bulk regulations and rules apply to nonresidential uses in the C-1, C-2, C-3, and C- 4 Districts. Nonresidential Bulk Regulations C-1 C-2 C-3 C-4  Minimum Lot Area None None None None Minimum Lot Width None None None None Minimum Front Yard 20 feet 30 feet* None None Maximum Front Yard None None 20 feet 10 Feet Minimum Side Yards 7 feet 5 feet* None None Minimum Rear Yard 30 feet 25 feet* 20 feet None Maximum Height 35 feet 45 feet 45 feet 45 feet Maximum Stories 2 1/2 4 4 4 C-2 Exceptions to the Nonresidential Bulk Regulations A) The front yard may be reduced to 10 feet to accommodate a canopy associated with a gas station. B) Where a side yard abuts a residential district the side yard shall be a minimum of 15 feet. C) Where a rear yard abuts a residential district the rear yard shall be a minimum of 30 feet. Additional Requirements in the C-3 and C-4 Districts A) Parking in front yards is not permitted. B) Access to parking in front yards is not permitted, except for existing detached and duplex dwellings. C) Drive-in windows for banking, restaurants and other similar uses are not permitted. 9-7A-6: RESIDENTIAL BULK REGULATIONS AND DEVELOPMENT RULES The following bulk regulations and rules apply to residential uses in the C-1, C-2, C-3, and C-4 Districts. Residential Bulk Regulations Detached and Duplex Dwellings Lot Area 7,200 square feet Lot Width 60 feet Front Yard 25 feet Side Yards 7 feet Rear Yard 30 Feet Maximum Height 35 feet Maximum Stories 2 1/2 stories Minimum Dwelling Width 20 feet Attached Dwellings Lot Area 3 Units 6,800 square feet 4 Units 8,600 square feet 5 Units 10,400 square feet 6 Units 12,200 square feet Lot Width 3 Units 90 feet 4 Units 120 feet 5 Units 150 feet 6 Units 180 feet Front Yard 25 feet Side Yards 7 feet Rear Yard 30 feet Maximum Height 35 feet Maximum Stories 2 1/2 stories Minimum Dwelling Width 20 feet Apartment Dwelling Lot Area Up to 4 Units 8,400 square feet 5 to 18 Units Add 1,500 square feet per unit Over 18 Units Add 1,200 square feet per unit Lot Width 75 feet Front Yard 25 feet Side Yards 10 feet Rear Yards 30 feet  Maximum Height 45 feet Maximum Stories 3 Stories Minimum Dwelling Width 20 feet Dwelling Units Lot Area Attached - End Unit 2,500 square feet Attached - Interior Unit 1,800 square feet Lot Width Attached - End Unit 25 feet Attached - Interior Unit 18 feet Side Yards Attached Units-Common Lot Line 0 feet C-3 Exceptions to the Residential Bulk Regulations A) The minimum front yard for a residential dwelling may be reduced to 10 feet. B) The minimum side yard for a residential dwelling may be reduced to 7 feet. C) The minimum rear yard for a residential dwelling may be reduced to 20 feet. 9-7A-7: ACCESSORY USE BULK REGULATIONS AND DEVELOPMENT RULES Accessory Bulk Regulations Buildings Maximum Height 12 feet Maximum Stories 1 story 9-7A-8: SPECIAL USE BULK REGULATIONS AND DEVELOPMENT RULES A. Special uses are subject to review by the Zoning Administrator who may such applications on the basis of incompatibility with the neighboring community. B. Special uses are required to submit site plans for review and approval by the Zoning Administrator. C. The Zoning Administrator may require additional conditions of development beyond those listed below: D. Bulk Regulations for special uses are the same as those for nonresidential uses as provided for in the C-1, C-2, and C-4 District articles. E. Local public utility facilities, other than poles, towers, and equipment attached to them shall be: 1. Adequately screened with landscaping, fencing, or walls; or 2. Placed underground; or 3. Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. E. Structures may be allowed up to 65 feet in height with an unlimited number of stories. D. Self-storage facilities, where allowed, shall be subject to the following: 1. All areas subject to traffic shall be hard surfaced. 2. When a self-storage facility is located adjacent to A-1 or residential districts, the exterior of the building shall be compatible to the residential area. 3. The maximum area shall be 500 square feet per storage unit. 4. The maximum height shall be 20 feet. 9-7A-9: ADDITIONAL DEVELOPMENT RULES FOR COMMERCIAL DISTRICTS A. Off Street Parking and Loading Spaces for off-street parking and loading shall be provided in accordance with the provisions of Chapter 9 of this title. B. Site Plan Site plans shall be required in accordance with provisions of Chapter 11 of this title for all uses permitted in the C-1, C-2, C-3, and C-4 Districts except for detached and duplex dwellings, and home occupations. C. Signs Sign regulations are provided for in Chapter 17 of this title. Definitions Amendments Accessory Building – NC Accessory Structure – NC Accessory Use -- NC Adult Entertainment Establishment means any establishment having a significant portion of its stock in trade in books, magazine, films, or dancing and other live performances which are distinguished by an emphasis on matter or actions depicting or describing sex acts or specified anatomical areas associated with such behavior. Adult entertainment facilities are a use separate from entertainment centers, personal service businesses, private clubs, retail and consumer service establishments, taverns, theaters, or any other similar commercial uses. (New; Replaces Previous Detailed Definition of Adult Entertainment Business). Agriculture -- NC Airport -- NC Alley – NC Automobile – NC Automobile Sales and Storage Lot – (Deleted, See Vehicular Sales and Storage Center) Basement – NC Bed and Breakfast Inn - NC Billboard – NC Board – NC Boarding House - NC Building -- NC Building Height – NC Building Lines – NC Campground – NC Caretaker – NC Cellar – NC Central Business District means the portion of Downtown bounded by Marion Street in the North, Montgomery Street in the South, Fourth Street in the East, and Roche Street in the West. (New) Certificate of Occupancy – NC Childcare- NC Club – (Deleted, See Private Club) Commission – NC Common Land – NC Community Center (Combined with Parks, Community and Recreation Centers) Convenience Store means the use of a building for the sale of food, dry goods, and related consumer products, which is 3,000 square feet or less in size. (Removes reference to gas pumps; someone wanting to have a C store and sell gas must apply for both uses). Cul-De-Sac – NC Development – NC District – NC Dormitory Living Facility -- NC Driving Range means an outdoor facility that is used to practice long distance golfing swings, which may or may not be associated with a golf course. (New) Dwelling (Condominium, Detached, Duplex, Apartment, Attached) – NC Dwelling Unit (Detached, Duplex, Apartment, Attached) – NC Early Education Center means school for children primarily between the ages of three (3) and five (5) years of age. (Formerly Nursery School) Entertainment Center means a building that accommodates personal entertainment services such as a video arcade, bowling alley, an indoor golf practice range, or similar amusement operations. (New) Family – NC Family Home – NC Farm – NC Fences, Walls, Hedges – NC Financial Institution means a building that provides personal and commercial banking and financial services. (New) Floor Area, Gross Foster Home for Handicapped Children – NC Frontage – NC Funeral Home or Mortuary means the use of a building to accommodate the preparation of the dead for burial or cremation and assembly rooms to honor the deceased. (New) Garden Stores and Nurseries means the use of a building, structure, or land use to provide for the care and sale of plants, landscape features, and related consumer goods and equipment. (New; Replaces Plant Nursery and Greenhouse) Gas Station – NC Golf Course -- NC Golf, Miniature – NC Grade – NC Greenhouse – (Removed, see Garden Center and Nurseries) Grocery Store means the use of a building for the sale of food, dry goods, and related consumer products, which is in excess of 3,000 square feet in size. (New) Home Occupation – NC Hospice – (Removed, Combined with Nursing Home) Hospital -- NC Hotel means a use of a building to provide lodging for the public usually on a transient basis. (Revised and combined with Motor Hotel). Hotel, Motor -- Deleted Intermittent Lighting – NC Junk Yard – NC Kennel – NC Living Space – NC Lot – NC Lot Line – NC Lot Measurement – NC Lot of Record – NC Lot Types – NC Manufactured Home – NC Medical, Dental or Health Clinic means the use of a building to accommodate medical, dental, or other related health services, but does not accommodate overnight patient stays. (New) Mobile Home – NC Mobile Home or Trailer Park – NC Modular Unit – NC Nonconforming Land Use or Structure – NC Nursery, Day (Deleted; Combined with Childcare Center) Nursery, School (Renamed Early Education Center) Nursing Home – NC Office means the use of a building to provide primarily administrative, professional, or clerical operations. (Minor revision) Open Storage – NC Park (Combined in Parks, Community and Recreation Centers) Parking Area (See Parking Lots and Garages) Parking Space -- NC Parking Lots and Garages means the use of an area, building, or structure for parking vehicles. (Revised, replaces Parking Area) Parking Space – NC Parks, Community and Recreation Centers means the use of a building, structure, or land to accommodate public community, recreational or scenic activities. (Revised; replaces Park and Community Center) Party Wall – NC Party Wall Agreement – NC Personal Service Business means the use of a building to accommodates the following activities: hair and beauty care; personal relaxation and rejuvenation through massage, aromatherapy and other similar nonmedical therapy; fitness and dance; or other similar operations. Places of Worship means a church, synagogue, mosque, or similar places of veneration. (New) Plant Nursery (Deleted, combined with Garden Stores and Nurseries) Plat – NC Principal Building – NC Principal Permitted Uses – NC Private Club means the use of a building or land as a center for association which has a selective membership and is generally not open to the public. (Revised: from Club) Property Line – NC Public Buildings or Uses means any building or use of land which accommodates public or quasi- public services including administrative buildings, police or fire stations, public libraries and community centers. (Replaces library) Public Utility Facility, Local -- NC Recreational Vehicle – NC Residence – NC Restaurant means the use of a building to accommodate the preparation of food for on-site consumption or take out. This may include bakeries or other similar food preparation activities. (New) Retail and Consumer Service Business means a use which accommodates the sale, rental, cleaning, or repair of consumer goods. (New) Retreat (Deleted; Combined with Place of Worship) Roadway – NC Roadway Right of Way – NC Salvage Yard – NC School means a place of instruction, private or public, such as elementary, middle, or high schools, colleges and universities. (New; Replaces Specialize Private School and Nursery School) Self-Care Unit (Deleted, including in Nursing Home) Seniors Housing means a dwelling or collection of dwellings in which the principal occupant of the units are required to be 55 years of age or older. (New) Setback (Building Line) – NC Shopping Center means a planned retail and consumer service center which is generally under single ownership, management or control; and which is characterized by a concentrated group of stores and compatible uses that utilize common facilities such as circulation and parking areas, and amenities. (Relocated from C-3 Intent Clause; Revised) Sight Distance Triangle – NC Sign – NC Special Events – NC Special Events District – NC Specialized Private School (Deleted; Combined with School) Spot Zoning (Deleted) Stable, Private – NC Story – NC Story, Half – NC Street – NC Street Line – NC Structural Alterations – NC Structure – NC Tavern means the use of a building to accommodate the sale and consumption of alcoholic beverages on-site. This may include on-site brewing or vinification facilities. (New) Temporary Commercial Activities – NC Vehicle - NC Vehicle Sales and Service Center means the use of a building, structure, or land for the sale, or servicing, or storage of automobiles, motorcycles, trucks, agricultural equipment, recreational vehicles, and boats. (Revised; Replaces Automobile Sales and Storage Lot) Veterinary Clinic means the use of a building or land for the medical treatment of animals. (New) Warehouse – NC Yard, Front – NC Yard, Rear – NC Yard, Side – NC Zoning Administrator – NC Zoning Certificate – NC Zoning Map Amendment -- NC Addition to Chapter 9 – Parking and Loading 9.9.2 OFF STREET PARKING REQUIRED E. Exceptions to the Parking Area Requirements in the C-3 and C-4 Districts (i) On-Site Parking Relaxations Involving Existing Buildings The parking requirement may be reduced or waved entirely by the Zoning Administrator for proposed changes of use in existing buildings where, in the Zoning Administrator’s opinion, the proposed change of use will be beneficial to the vitality of the Central Business District and surrounding environs. In doing so, the Zoning Administrator may take into consideration the ability of the site to accommodate parking, as well as the availability on-street parking and other public parking areas in the general vicinity. (ii) On-Site Parking Relaxations Involving New Developments The parking requirement for new developments may be reduced by the Zoning Administrator to an amount that can be reasonably accommodated on site where, in the Zoning Administrator’s opinion, the proposed development will be beneficial to the vitality of the Central Business District and surrounding environs. In doing so, the Zoning Administrator may take into consideration the ability of the site to accommodate parking, as well as the availability on-street parking and other public parking areas. (iii) Possible Off-Site Parking Requirement for Apartments and Apartment Units in Mixed Use Developments The Zoning Administrator may approve off-site parking requirements for apartment units where in the Zoning Administrator’s opinion such parking is needed to service the units but cannot realistically be provided on site, in the street, or in other parking areas. In such instances, the Zoning Administrator shall require as a condition of approval assurances that the off-site parking will remain available to the tenants on a long-term basis.  CHAPTER 7 COMMERCIAL DISTRICTS ARTICLE A. C-1 RESIDENTIAL-COMMERCIAL DISTRICT SECTION: 9-7A-1: Intent 9-7A-2: Principal Permitted Uses 9-7A-3: Special Uses And Development Permits 9-7A-4: Permitted Accessory Uses 9-7A-5: Bulk Regulations 9-7A-1: INTENT: The C-1 residential-commercial district is intended and designed to provide space for limited professional, retail and service activities which serve adjacent residential areas within reasonable proximity for the satisfaction of daily consumer needs. The architectural style of the buildings permissible in this district is to be of the same style as that of adjacent residential areas. (1983 Code § 11-1- 16A) 9-7A-2: PRINCIPAL PERMITTED USES: Only the uses of structures or land listed in this chapter shall be permitted in the C-1 district. Any use permitted in the R-3 district. Beauty and barber shops. Business and professional offices including the following: law, engineering, real estate, insurance and similar uses. Childcare centers, nursery schools, and day nurseries. Funeral homes or mortuaries. Hospitals, clinics, group medical centers or the office of a doctor, dentist, osteopath or similar professions. Retail business or service establishments limited to the following: Clothes cleaning and laundry pick up stations. Convenience stores; said stores shall not be open between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. Drive-in banks. Drugstores not to exceed one thousand (1,000) square feet. Gift shops. Photographic studios. Post office substations. Studios for artist or photography. (1983 Code § 11-1-16B) 9-7A-3: SPECIAL USES AND DEVELOPMENT PERMITS: Special uses and development permits shall be issued under chapter 10 of this title. A. Local public utility facilities; provided, that any installation, other than poles and towers and equipment attached to the poles and towers, shall be: 1. Adequately screened with landscaping, fencing or walls, or any combination thereof; or 2. Placed underground; or 3. Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. (1983 Code § 11-1-16C) All plans for screening these facilities shall be submitted to the board for review. No building permit or installation permit shall be issued until these plans have been approved by the board. (1983 Code § 11-1-16C; amd. Ord. 05-06, 6-6-2005) B. Cemeteries and mausoleums. C. Driving ranges associated with a golf course. Miniature golf courses are excluded. (1983 Code § 11-1-16C) 9-7A-4: PERMITTED ACCESSORY USES:  A. R-3 Accessory Uses: Accessory uses permitted in and as limited in the R-3 district. (1983 Code § 11-1-16D) B. Signs: See chapter 17 of this title for sign regulations. (Ord. 12-12, 11-5-2012) C. Dish Antennas: Parabolic dish antennas shall be as allowed by this title. (1983 Code § 11-1-16D) 9-7A-5: BULK REGULATIONS: The following minimum requirements shall be observed subject to the modifications contained in chapter 4 of this title: Same as required in R-3 district; provided A. Lot Area: however, that no minimum shall apply to permitted nonresidential uses. Multiple dwellings, same as required in R-3 B. Lot Area Per Dwelling Unit: district. Same as required in R-3 district; provided C. Lot Width: however, that no minimum shall apply to permitted nonresidential uses. D. Front Yard: 30 feet Same as required in R-3 district, including E. Side Yard: nonresidential uses. F. Rear Yard: 40 feet G. Maximum Height: Principal building 45 feet Accessory building 12 feet H. Maximum Number Of Stories: Principal building 3 stories Accessory building 1 story I. Minimum Width: 20 feet All footings shall be in compliance with the J. Perimeter Foundation: building code in effect as adopted by the city council. Spaces for off street parking and loading be K. Off Street Parking/Loading: provided in accordance with the provisions of chapter 9 of this title. Site plans shall be required in accordance with provisions of chapter 11 of this title for all uses L. Site Plan: permitted in this district except one-family and two- family dwellings. A minimum of 15 percent of the lot area shall be retained as landscaped open space to M. Landscaping: include such items as walks, trees, shrubs, fountains or other ornamental features. (1983 Code § 11-1-16E; amd. Ord. 04-02, 3-1-2004) ARTICLE B. C-2 GENERAL COMMERCIAL DISTRICT SECTION: 9-7B-1: Intent 9-7B-2: Principal Permitted Uses 9-7B-3: Special Uses And Development Permits 9-7B-4: Permitted Accessory Uses 9-7B-5: Bulk Regulations 9-7B-1: INTENT: The C-2 general commercial district is designed to provide space for the general retail and professional office uses, and efficient development of major retail shopping areas (other than shopping centers in the C-3 district). The districts include commercial property existing along major streets and highways of the city. The uses permitted are intended to accommodate both the general retail consumer and the needs and services of the automobile traveling consumer. (1983 Code § 11-1-17A) 9-7B-2: PRINCIPAL PERMITTED USES: Only the uses of structures or land listed in this chapter shall be so permitted: A. Any use permitted in the C-1 district; except detached and duplex dwellings. B. Retail or service such as the following: Antique shops. Apparel shops. Art shops. Auto, motorcycle and truck service and sales center, auto body; provided, that all work is done within an enclosed building, and that no inoperable autos or materials are held or stored outside a six foot (6') high sightproof fence. Bakeries or bakery outlets, retail sales only. Banks, savings and loan association, and similar financial institutions. Bicycle shops, sales and repairs. Billiard or pool halls. Boat sales, rentals and service. Bookstores. Bowling and recreation centers. Camera stores. Car washes. Childcare. Clothes cleaning and laundry pick up stations. Clubs and lodges. Collection office of public utility. Confectionery stores, including ice cream or snack bar. Dairy stores, retail only. Dance studios. Delicatessens. Department stores. Drugstores. Dry goods stores. Florist shops and greenhouses. Furniture stores. Garden stores and nurseries. Gas stations. Gift shops. Grocery stores including supermarkets. Hardware stores. Hobby shops. Household appliances, sales and repair. Ice cream parlors. Jewelry stores and watch repair shops. Key shops. Launderettes, coin-operated dry-cleaning establishments and dry-cleaning or pressing establishments. Leather goods stores. Meat market for storage and retail sales only. Miniature golf. Mobile homes sales and service but not including a unit as a residence. Motels/hotels. Music stores. Music studios. Office buildings. Paint and wallpaper stores. Pet shops. Physical fitness and health establishments. Post offices. Printing shops. Public auction establishments. Public buildings and utilities including administrative and sales offices, equipment storage buildings and enclosed storage. Radio and television sales and repair shops. Restaurants, night clubs, cafes, including drive-in facilities. Schools and commercial. Shoe shops. Sporting goods stores. Tailor and dressmaking shops. Taverns. Theaters, indoors. Tire stores. Toy stores. Upholstering shops. Variety stores. Veterinary clinics. Video arcades. Wholesale display and sales room. C. Combinations of the above uses. D. Any use which is considered by the Zoning Administrator to be like or similar to one of the uses listed above. (1983 Code § 11- 1-17B; amd. Ord. 01-12, 11-5-2001; Ord. 23-02, 3-6-2023) 9-7B-3: SPECIAL USES AND DEVELOPMENT PERMITS: Special uses and development permits shall be issued under chapter 10 of this title. A. Detached and duplex dwellings. B. Local public utility facilities; provided, that any installation, other than poles and towers and equipment attached to the poles and towers, shall be: 1. Adequately screened with landscaping, fencing or walls, or any combination thereof; or 2. Placed underground; or 3. Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. (1983 Code § 11-1-17C) All plans for screening these facilities shall be submitted to the board for review. No building permit or installation permit shall be issued until these plans have been approved by the board. (1983 Code § 11-1-17C) C. Cemeteries and mausoleums. D. Driving ranges associated with a golf course. E. Lumberyards. (1983 Code § 11-1-17C)  F. (Rep. by Ord. 20-13, 9-21-2020) G. Screened in storage yards. H. Structures may be allowed up to sixty five feet (65') in height, unlimited number of stories. I. Miniwarehouse (self-service storage facilities) subject to the following: 1. All areas subject to traffic shall be hard surfaced. 2. When a miniwarehouse is adjacent to A-1 or residential districts the exterior of the building and landscaping shall be comparable to the residential area. 3. Maximum area per unit shall be five hundred (500) square feet. 4. Maximum height of the building shall be twenty feet (20'). (1983 Code § 11-1-17C) J. Contractor shops (plumbing, heating/air conditioning or electrical). (Ord. 98-06, 11-16-1998; amd. Ord. 05-06, 6-6-2005; Ord. 20-13, 9-21-2020; Ord. 23-02, 3-6-2023) 9-7B-4: PERMITTED ACCESSORY USES: A. C-1 Accessory Uses: Accessory uses permitted in the C-1 District. B. Merchandise Storage: Storage of merchandise incidental to the principal use, but not to exceed forty percent (40%) of the floor area utilized for such use. (1983 Code § 11-1-17D) C. Signs: See chapter 17 of this title for sign regulations. (Ord. 12-12, 11-5-2012) D. Parabolic Dish Antennas: Parabolic dish antennas shall be as allowed by this title. (1983 Code § 11-1-17D) 9-7B-5: BULK REGULATIONS: The following minimum requirements shall be observed subject to the modifications contained in chapter 4 of this title: A. Lot Area: None B. Lot Width: None 30 feet except canopies used in conjunction C. Front Yard: with a gas station which shall be set back a minimum of 10 feet. 5 feet except where side yard is adjacent to D. Side Yard: an R district, in which case the yard shall be at least 15 feet. E. Rear Yard: 25 feet F. Maximum Height: 45 feet G. Maximum Number Of Stories: 4 stories H. Minimum Width: 20 feet All footings shall be in compliance with the I. Perimeter Foundation: Building Code in effect as adopted by the City Council. Spaces for off street parking and loading shall J. Off Street Parking/Loading: be provided in accordance with the provisions of chapter 9 of this title. Site plans shall be required in accordance with provisions of chapter 11 of this title for all K. Site Plan: uses permitted in this district except one- family and two- family dwellings. (1983 Code § 11-1-17E; amd. Ord. 04-02, 3-1-2004) ARTICLE C. C-3 PLANNED COMMERCIAL DEVELOPMENT DISTRICT SECTION: 9-7C-1: Intent 9-7C-2: Procedures 9-7C-3: Standards 9-7C-4: Completion 9-7C-5: Off-Street Parking And Loading 9-7C-6: Landscaping 9-7C-7: Signs 9-7C-8: Parabolic Dish Antennas 9-7C-1: INTENT: A. Shopping Center Developments: The C-3 Planned Commercial District is intended to provide for the development of shopping centers. For the purpose of this Chapter, the term "shopping center" shall mean a planned retail and service area under single ownership, management or control characterized by a concentrated grouping of stores and compatible uses, with various facilities designed to be used in common, such as ingress and egress roads, extensive parking accommodations, etc. B. Council And Commission Consideration: Since shopping center developments, whether large or small, have a significant effect upon the Comprehensive Plan for the development of the City, extensive authority over their development is retained by the City Council and the Planning and Zoning Commission. Many matters relating to the shopping center's design, its potential for success or failure and its effect upon surrounding neighborhoods must be considered by the Council and Commission in order to reasonably be assured that the area will not eventually become blighted. It is further intended that in the event of an applicant's failure to construct a shopping center in accordance with a reasonable time schedule, the City Council shall enact the necessary legislation to reclassify the area to another classification consistent with the surrounding neighborhood. Such action would also, because of the reduction in commercial zoning in a given area, provide conditions whereby it could be reasonable for the Council to classify other areas in the vicinity for shopping center use. (1983 Code § 11-1-18A) 9-7C-2: PROCEDURES: The owner or owners of any tract of land comprising an area of not less than three (3) acres may submit to the City Council a petition requesting a change to the C-3 Zoning District classification. The petition shall be accompanied by a plan for the commercial use and development of the tract for the purposes of meeting the requirements of this Chapter and by evidence of feasibility of the project and its effects on surrounding property, including each of the following: A. Site Plan: A site plan defining the areas to be developed for buildings, the areas to be developed for parking, the location of sidewalks and driveways and the points of ingress and egress, including access streets where required, the location and height of walls, existing and proposed grades, the location and type of landscaping and the location, size and number of signs, type or style of architecture, building material, color or other significant feature. B. Traffic-Control Devices: Further, the Commission will require traffic-control devices if they are deemed necessary. C. Financial Statement; Plan Approval: A statement of financial responsibility to assure construction of the shopping center, including landscaping, in accordance with the plan and the requirements of this Chapter. The development plan shall be referred to the Planning and Zoning Commission for study and report. The Plan Commission shall review the conformity of the proposed development with the standards of the Comprehensive Plan, and with recognized principles of civic design, land use planning and landscape architecture. The Commission may approve the plan as submitted or, before approval, may require that the applicant modify, alter, adjust or amend the plan as the Commission deems necessary to the end that it preserve the intent and purpose of this Title to promote public health, safety, morals and general welfare. The development plan as approved by the Commission shall then be reported to the City Council, whereupon the city council may approve or disapprove said plan as reported or may require such changes thereto as it deems necessary to effectuate the intent and purpose of this title. (1983 Code § 11-1-18B) 9-7C-3: STANDARDS: Uses permitted in the C-3 district shall include any use permitted in the C-1 or the C-2 district and as limited by these districts; provided, however, the council may consider any additional restrictions proposed by the owner. The bulk regulations of the C-2 district shall be considered minimum for the C-3 district; however, it is expected that these minimums will be exceeded in all but exceptional situations. Buildings may be erected to heights greater than those allowed in the C-2 district in accordance with the intent and purpose of this chapter. (1983 Code § 11-1-18C) 9-7C-4: COMPLETION: The council may make the approval of the shopping center plan contingent upon the completion of construction and improvements within a reasonable period of time; provided, however, that in the determination of such period, the council shall consider the scope and magnitude of the project and any schedule or timetable submitted by the developer. Failure to complete the construction and improvements within the said period of time shall be deemed sufficient cause for the council, in accordance with the provisions of chapter 12 of this title, to rezone the subject property to the classification effective at the time of original submission of the shopping center plan, unless an extension is recommended by the commission and approved by the council for due cause shown. Any proposed change in the shopping center plan, after approval by the council, shall be resubmitted and considered in the same manner as the original proposal. (1983 Code § 11-1-18D) 9-7C-5: OFF STREET PARKING AND LOADING: See chapter 9 of this title. (1983 Code § 11-1-18E) 9-7C-6: LANDSCAPING: A minimum of fifteen percent (15%) of the area shall be returned as landscaped open space to include such items as walks, trees, shrubs, fountains or other ornamental features. (1983 Code § 11-1-18F) 9-7C-7: SIGNS: See chapter 17 of this title for sign regulations. (Ord. 12-12, 11-5-2012) 9-7C-8: PARABOLIC DISH ANTENNAS: Parabolic dish antennas shall be as allowed by this title. (1983 Code § 11-1-18G)  ARTICLE D. C-4 CENTRAL BUSINESS DISTRICT SECTION: 9-7D-1: Intent 9-7D-2: Principal Permitted Uses 9-7D-3: Special Uses And Development Permits 9-7D-4: Permitted Accessory Uses 9-7D-5: Bulk Regulations 9-7D-1: INTENT: The C-4 Central Business District is intended to accommodate the variety of retail stores and related activities which occupy the prime area within the Central Business District. It is intended that this District not be mapped outside the original business core. (1983 Code § 11-1-19A) 9-7D-2: PRINCIPAL PERMITTED USES: Only the uses of structures or land listed in this Chapter shall be permitted. Antique shops and stores, providing all merchandise is displayed and sold inside a building. Apartments on floors other than the ground floor. Apparel and accessory stores. Appliance sales and service. Art and art supply stores. Auto supply stores. Bakery and pastry shops (retail only). Barber and beauty shops. Bicycle shops. Books and stationery stores. Business and technical schools and schools for photography, music, and dancing. Carpet and floor covering stores. Cigar and tobacco stores. Clothing and costume rental. Custom dressmaking, furrier, millinery and tailor shops. Delicatessens and catering establishments. Department stores. Drug stores and prescription shops. Dry goods and notion stores. Electric repair shops (household appliances). Financial institutions. Fix-it shops (radio, TV, and small appliances repair). Florist and gift shops. Furniture and home furnishing stores. Gas stations. Grocery stores (including retail meat markets and produce stores). Hardware stores. Hobby, stamp, and coin shops. Hotels and motels. Interior decorator's shop. Jewelry and metal craft stores. Leather goods and luggage stores. Library. Lock and key shops. Mail order catalog stores. Medical and orthopedic appliance stores. Medical, dental and health clinics. Messenger or telegraph service stations. Mortuary. Music instrument sales and repair shops. Music studios, radio, and television stores. Newsstands. Office supplies and office equipment stores. Offices and office buildings. Optician and optometrists shops. Package liquor stores. Paint and wallpaper stores. Parking lots and garages (commercial, public, and private). Parks and recreation areas. Pawn shops. Pet shops. Photographic equipment and supply stores. Photographic studios. Picture frame shop. Printing and publishing houses (including newspapers). Private clubs, fraternities, sororities, and lodges. Public buildings. Radio and television studios. Restaurants and tea rooms (including drive-ins). Self-service laundries. Sewing machine stores. Shoe repair and shoe shine shops. Shoe stores. Sporting and athletic goods stores. Tailor shops. Taverns. Theaters. Toy stores. Travel bureaus. Variety stores and shops. Video arcades and similar indoor amusement centers. Watch repair shops. Combinations of the above uses. Any use which is considered by the zoning administrator to be like or similar to one of the uses listed above. (1983 Code § 11-1-19B) 9-7D-3: SPECIAL USES AND DEVELOPMENT PERMITS: Special uses and development permits shall be issued under chapter 10 of this title. A. Local public utility facilities; provided, that any installation, other than poles and towers and equipment attached to the poles and towers, shall be: 1. Adequately screened with landscaping, fencing or walls, or any combination thereof; or 2. Placed underground; or 3. Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area. (1983 Code § 11-1-19C) All plans for screening these facilities shall be submitted to the board for review. No building permit or installation permit shall be issued until these plans have been approved by the board. (1983 Code § 11-1-19C; amd. Ord. 05-06, 6-6-2005) B. Structures may be allowed up to sixty five feet (65') in height, unlimited number of stories. (1983 Code § 11-1-19C) 9-7D-4: PERMITTED ACCESSORY USES: A. Accessory Uses: Any accessory use permitted in the C-2 district. (1983 Code § 11-1-19D) B. Signs: See chapter 17 of this title for sign regulations. C. Awnings: See chapter 17 of this title for sign regulations. (Ord. 12-12, 11-5-2012) D. Parabolic Dish Antennas: Parabolic dish antennas shall be as allowed by this title. (1983 Code § 11-1-19D) 9-7D-5: BULK REGULATIONS: The following minimum requirements shall be observed subject to the modifications contained in chapter 4 of this title: A. Lot Area: None B. Lot Width: 20 feet C. Front Yard: None None except where side yard is to an R district, D. Side Yard: in which case the yard shall be at least 15 feet. E. Rear Yard: None F. Maximum Height: 45 feet G. Maximum Number Of Stories: 4 stories H. Minimum Width: 20 feet All footings shall be in compliance with the I. Perimeter Foundation: building code in effect as adopted by the city council. Spaces for off street parking and loading shall J. Off Street Parking/Loading: be provided in accordance with the provisions of chapter 9 of this title. Site plans shall be required in accordance with provisions of chapter 11 of this title for all uses K. Site Plan: permitted in this district except one-family dwellings. (1983 Code § 11-1-19E; amd. Ord. 04-02, 3-1-2004) 9-1-3: DEFINITIONS: For the purpose of this Title, certain terms or words used herein shall be interpreted as follows: The word "person" includes a firm, association, governmental agency, 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 word "used or occupied" include words "intended", "designed" or "arranged to be used or occupied". The word "lot" includes the words "plot or parcel". ACCESSORY BUILDING: Any building, the use of which is incidental to the principal use of another structure on the same premises. ACCESSORY STRUCTURE: Any structure, the use of which is incidental to the principal use of another structure on the same premises. ACCESSORY USE: A use incidental and subordinate to the principal use of the premises. ADULT ENTERTAINMENT BUSINESS: A business which as a part of or in the process of delivering goods and services displays to its patrons specified sexual activities or specified anatomical areas in printed form or through any form of photographic medium or by use of male or female models. A. Specified Sexual Activities: Any contact, actual or simulated, either natural or deviate, between two (2) or more persons, or between a person and an animal by penetration of the penis into the vagina or anus, or by contact between the mouth or tongue and genitalia or anus, or by contact between a finger of one person and the genitalia of another person or by use of artificial sexual organs or substitute therefor in contact with the genitalia or anus. B. Specified Anatomical Areas: Includes the following: human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola. C. Substantial: Means more than twenty five percent (25%) of the book, magazine, film or video tape inventory is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. D. Adult Art Or Adult Modeling Studio: An establishment or business which provides the services of modeling for the purpose of viewing and/or reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise; provided, entrance to such establishment and such services are available only to adults. E. Adult Artist; Body Painting Studio: An establishment or business which provides the services of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude; provided, entrance to such establishment and such services are available only to adults. F. Adult Bath House: An establishment or business which provides the service of baths of all kinds, including all forms and methods of hydrotherapy; provided, entrance to such establishment and such service are available only to adults; and not including such services provided by a medical practitioner or professional physical therapist licensed by the State. G. Adult Book Store: An establishment or business having a substantial part of its stock in trade, books, magazines, photographs, pictures and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein and limited in sale of such sexual materials to adults. H. Adult Cabaret: A cabaret which features go-go dancers, exotic dancers, strippers, or similar entertainers. I. Adult Motel: A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas". J. Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas". K. Adult Motion Picture Theater: An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. L. Adult Mini Motion Picture Theater: An enclosed building with a capacity for less than fifty (50) persons used for presenting motion pictures, slides or photographic reproduction distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein for observation by patrons therein. M. Massage: Any method of treating the external parts of the human body by rubbing, stroking, kneading, tapping or vibrating with the hand, other parts of the body, or any instrument, for any consideration or gratuity. N. Massage Establishment: Any establishment having a fixed place of business where massages are administrated for any form of consideration or gratuity including, but not limited to, massage parlors, health clubs, sauna baths, and steam baths. This definition shall not be construed to include an establishment employing: 1) persons licensed by the State under the provisions of chapters 148, 148A, 148B, 150, 151, 152, 157 or 158 of the Iowa Code, when performing massage services as a part of the profession or trade for which licensed; 2) persons performing massage therapy or massage services under the direction of a person licensed as described in 1) above; 3) persons performing massage therapy or massage services upon a person pursuant to the written instruction or order of a licensed physician; 4) nurses, aides, technicians and attendants at any hospital or health care facility licensed pursuant to chapters 135B, 135C or 145A of the Iowa Code, in the course of their employment and under the supervision of the administrator thereof or of a person licensed as described in 1) above; 5) an athletic coach or trainer: a) in any accredited public or private secondary school, junior college, college or university; or b) employed by a professional or semi- professional athletic team or organization, in the course of his or her employment as such coach or trainer. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court, or other educational, cultural, recreational, and athletic facilities, and facilities for the welfare of the residents of the area. O. Model Studio: Any establishment where any form of consideration or gratuity, models who display specified anatomical areas are provided to be observed, or subject to lawful tactile conduct, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, or where for any form of consideration or gratuity, nude or semi-nude dancing, readings, counseling sessions, body painting and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas are provided for observation by or communication to persons paying such consideration or gratuity. P. Model: Any person who for consideration or gratuity appears either nude or seminude to be either viewed, photographed, sketched, drawn, sculptured; to dance; to provide reading or counseling sessions; for body painting; to deliver a service or in connection with the sale of merchandise; or to present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Q. Nude Encounter Parlor: An establishment having a fixed place of business where any person therein engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on any business of viewing any person or persons or the actual encounter of any person or persons depicting, describing or relating to "specified sexual activities" as defined herein. R. Nude Photographic Parlor: An establishment having a fixed place of business, where any person, association, firm or corporation therein engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on any business of photographing any person or persons depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein. AGRICULTURE: The use of land for agricultural purposes, including farming, aqua-culture, dairying, pasturage, agriculture, horticulture, floriculture, silviculture and animal and poultry husbandry. Included are the necessary accessory uses for packing, treating or storing the product; providing, that the operation of such accessory use shall be secondary to that of normal farming activities; but not including the feeding of garbage or offal to swine or other animals, commercial livestock feed lots or confinement stations, poultry farms or commercial grain storage and drying facilities. AIRPORT: An area of land or water that is used or intended to be used for landing and takeoff of aircraft, and includes its buildings and facilities, if any. ALLEY: A public way, other than a street, twenty feet (20') or less in width, affording secondary means of access to abutting property. AUTOMOBILE: As used herein, the term includes passenger cars, motorcycles, mopeds, vans, pickup trucks, trucks, buses, recreational vehicles, trailers, farm equipment including motorized and nonmotorized but not limited to tractors, combines, planters and discs. AUTOMOBILE SALES AND STORAGE LOT: An open off street area where two (2) or more operable vehicles are stored, offered or displayed for sale or advertising purposes. BASEMENT: That portion of a building having part but not more than one-half (1/2) its height below grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its ceiling is over five feet (5'). BED AND BREAKFAST INN: Any portion of building containing not more than two (2) guestrooms in R-1 and R-2 zoning districts. In the A-1 zoning district there may be as many as four (4) guestrooms. BILLBOARD: See chapter 17 of this chapter for sign regulations. BOARD: The Board of Adjustment of the City of Knoxville, Iowa. BOARDING HOUSE: A dwelling occupied by one family with three (3) or more boarders, roomers or lodgers in the same building who are lodged with or without meals and in which there are provided such services as are incidental to its use as a temporary residence for part of the occupants. A rooming house shall be deemed a boarding house. BUILDING: Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or property, but not including signs or billboards. BUILDING HEIGHT: The vertical distance from the average natural grade at the building line to the highest point of the coping of a flat roof, or to the deck line of a mansard roof or the mean height level between eaves and ridge for gable, hip and gambrel roofs. On a corner lot, the height is the mean vertical distance from the average natural grade at the building line from the higher of the two (2) grades. BUILDING LINES: A line defining the minimum front, side and rear yard requirements outside of which no building or structure may be located, except as otherwise provided herein. CAMPGROUND: Facilities providing camping or parking areas and incidental services for travelers in recreational vehicles or tents. CARETAKER: A person or family employed to look after goods or property of a business or large residence. A caretaker does not pay rent, utilities, etc. for their shelter. CELLAR: A portion of a building located partially or wholly underground and having less than three and one-half feet (31/2') of its floor-to-ceiling height above grade. A cellar is not counted as a story for the purpose of height and yard regulations. CERTIFICATE OF OCCUPANCY: Official certification that a premises conforms to provisions of this title and such other ordinances as may be applicable and may be used or occupied. Such a certificate is granted upon completion of new construction or for alteration or additions to existing structures. CHILDCARE CENTER: Facility providing care for five (5) or more children under the age of thirteen (13), not including children of a family residing on the premises, for any part of a twenty four (24) hour day. Exceptions would include parties, and occasional supervision of children not for pay. CLUB: A building or a portion of a building intended to be used as a center of informal association for a selective membership not open to the general public. COMMISSION: The Planning and Zoning Commission of the City of Knoxville. COMMON LAND: A parcel or parcels of land, together with the improvements thereon, whether retained in private ownership for the shared use and enjoyment of the owners and occupants of the individual building units in a planned unit development or dedicated to the general public. COMMUNITY CENTER: A facility maintained by a public agency or by a not for profit community or neighborhood association primarily for social, recreational, or educational needs of the community or neighborhood. CONVENIENCE STORE: Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than three thousand (3,000) square feet and which may include the retail sale of gasoline for motor vehicles, but limited to not more than three (3) dispensing pumps. CUL-DE-SAC: A local street having one end open to vehicular traffic and the other end terminated by a vehicular turnaround. DEVELOPMENT: The act of changing and the state of a tract of land after its function has been purposefully changed by persons including, but not limited to, structures on the land and alterations to the land. DISTRICT: A section or sections 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. DORMITORY LIVING FACILITY: A building containing sleeping rooms without separate cooking facilities for a number of persons customarily unrelated but associated with an educational, religious, charitable institution. DWELLING: Any building or portion thereof, used exclusively for human habitation, except hotels, motels, tents, trailers, recreational vehicle, or mobile homes. Dwellings may be described as one of the following: APARTMENT DWELLING: A building designed for or occupied by three (3) or more families separated into units with common walls and/or floors and attached to one another vertically and/or horizontally. ATTACHED DWELLING: A building designed for or occupied by three (3) or more families separated by party walls. DETACHED DWELLING: A building designed for or occupied exclusively by one family. DUPLEX DWELLING: A building designed for or occupied by two families separated into units located side by side with party walls or stacked one on top of the other. DWELLING UNIT: A room or group of rooms located within a dwelling building forming a habitable unit for one family. Dwelling units may be described as one of the following: APARTMENT DWELLING UNIT: A unit contained within an apartment dwelling. ATTACHED DWELLING UNIT: A unit contained within an attached dwelling. END UNIT: An attached dwelling unit that has one common party wall. INTERIOR UNIT: An attached dwelling unit that has two (2) common party walls. DETACHED DWELLING UNIT: The unit contained by a detached dwelling. DUPLEX DWELLING UNIT: A unit contained within a duplex dwelling. FAMILY: An individual or two (2) or more persons related by blood or marriage or a group of not more than four (4) persons who need not be related by blood or marriage living together and subsisting in common as a single nonprofit housekeeping unit utilizing only one kitchen. FAMILY HOME: Family home is a community-based residential home or a child foster care facility to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for four (4) to not more than eight (8) developmentally disabled persons and any necessary support personnel as permitted by and as limited by section 412.22, Code of Iowa. FARM: An area comprising ten (10) acres or more which is used for agriculture, and contains no more than one dwelling unit per ten (10) acres. FENCES, WALLS AND HEDGES: Decorative and/or enclosing device used along boundary lines of lots. Fences, walls may be constructed up to the lot line in accordance with the height rules set out in this Title. FLOOR AREA, GROSS: The sum of the gross horizontal area of all floors of a building including basement areas, as measured from the interior perimeter of exterior walls. Such area shall not include the following: interior loading and parking areas, atriums except the first floor area, rooftop mechanical equipment enclosures, and the enclosed mall areas of shopping centers. FOSTER HOME FOR HANDICAPPED CHILDREN: An institution providing sleeping and living accommodations for the full-time care, training, recreation, and convalescent needs of not more than eight (8) physically or mentally handicapped persons under the age of nineteen (19). FRONTAGE: That edge of a lot bordering a street. GAS STATION: A structure and/or premises designed or used for the retail sale or supply of fuels, lubricants, air, water and other operating commodities or accessories for motor vehicles and including the customary space and facilities for the installation of such commodities or accessories on or in such vehicles, but not including space or facilities for the storage, painting, repair, refinishing, body work or other major servicing of motor vehicles. Inoperable or damaged vehicles may be stored on site for up to seventy two (72) hours. GOLF COURSE: An area or course for playing golf, consisting of at least nine (9) holes, except miniature golf, within which the playing area is not artificially illuminated. GOLF, MINIATURE: A commercial recreation facility, resembling golf, containing short "holes", the majority of which are under three hundred feet (300') in length, and primarily utilizing putting irons. GRADE: The average elevation of the finished ground at the exterior walls of the main building. GREENHOUSE: A building or accessory structure constructed chiefly of glass or other translucent material, which is devoted to the protection of cultivation of flowers or other tender plants. HOME OCCUPATION: An accessory use of a dwelling unit for gainful employment involving the making of a product or provision of service for sale. HOSPICE: Residential and care facility for the terminally ill on the premises of a hospital or nursing home and operated in conjunction therewith. HOSPITAL: An institution providing medical and surgical care for humans only, for both in and out patients, including medical service, training, and research facilities. HOTEL: A building in which lodging is provided to the public usually on a transient basis. HOTEL, MOTOR (MOTEL): A roadside hotel for motorists. INTERMITTENT LIGHTING: A method of lighting such as for signs, where artificial or reflected light is not maintained stationary or constant in intensity or color. JUNK YARD: Any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled or handled, including house wrecking and structural steel materials and equipment; but not including areas where such uses are conducted entirely within a completely enclosed building, and not including automobile, tractor or machinery wrecking and used parts yards, and the processing of used, discarded or salvaged material as part of manufacturing operations. Further, storage or processing of environmentally hazardous wastes is not allowed. KENNEL: The use of land or buildings for the purpose of selling, breeding, boarding, or training dogs or cats or both, or the keeping of five (5) or more dogs of six (6) months of age, or keeping seven (7) or more cats over six (6) months of age, or the keeping of more than seven (7) dogs and cats. The word "selling" as herein used shall not be construed to include the sale of animals six (6) months of age or younger which are the natural increase of animals kept by persons not operating a "kennel" as herein defined; nor shall selling be determined to include isolated sales of animals over six (6) months old by persons not operating a "kennel" as herein defined. LIVING SPACE: That part of the building which is enclosed and supported upon the main foundation system of the structure excluding garages, basements and cellars unless converted to finished living space. LOT: 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 a dedicated public street, or as otherwise allowed in this title. A lot 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 of combination shall any residual lot or parcel be created which does not meet the requirements of this chapter. LOT LINE: The lines defining the bounds of a lot. LOT MEASUREMENT: A. Depth: The mean horizontal distance between the front and rear lot lines as measured perpendicular to the midpoint of the mean front lot line. In the case of an interior triangular or gore shaped lot, the depth shall be the horizontal distance between the midpoints at the front lot line and rear lot lines. B. Width: The horizontal distance between the side lot lines as measured perpendicular to the line comprising the lot depth at its point of intersection with the required minimum front yard setback. C. Area: The gross area, exclusive of streets or other public rights-of-way, within the boundary lines of a lot. The definition of other public rights-of-way does not include utility easements or easements for trails and sidewalks. LOT OF RECORD: A lot which is part of a subdivision, the deed of which is recorded in the Office of the County Recorder of Marion County, or a lot or parcel described by metes and bounds, the description of which has been so recorded. LOT TYPES: Corner Lot: A lot located at the intersection of two (2) or more streets. Interior Lot: A lot other than a corner lot with only one frontage on a street other than an alley. Reversed Frontage Lot: 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. Through Lot: A lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on two (2) streets may be referred to as "double frontage" lots. MANUFACTURED HOME: A factory built single-family structure, which is manufactured or constructed under the authority of 42 USC section 5403, Federal Manufactured Home Construction and Safety Standards, and is to be used as a place for human habitation, but which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home unless it has been converted to real property and is taxed as a site built dwelling. For the purpose of these regulations, manufactured home shall be considered the same as any site built single- family detached dwelling in accordance with State Statutes. MOBILE HOME: Any vehicle which at any time was used, maintained or so originally constructed as to permit being used as a conveyance upon highways or public streets, or waterways, and duly licensed as such; so designed and so constructed as to permit occupancy thereof as a dwelling unit or sleeping place for one or more persons whether attached or unattached to a permanent foundation, but shall also include any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home is factory-built housing on a chassis. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other apprentices of mobility are removed and regardless of the nature of the foundation provided. However, certain mobile homes may be classified as "manufactured homes". Nothing in this Title shall be construed as permitting a mobile home in other than an approved mobile home park, unless such mobile home is classified as a manufactured home. MOBILE HOME PARK OR TRAILER PARK: Any lot or portion of a lot upon which one or more mobile homes or trailers occupied for dwelling or sleeping purposes are located regardless of whether or not a charge is made for such accommodations. MODULAR UNIT: A prefabricated building which arrives at its building site virtually complete, requiring only site preparation and assembly of major components, including installation on a permanent location. NONCONFORMING LAND USE OR STRUCTURE: A land use or structure which existed lawfully on the date that the Zoning Ordinance or any amendment thereto became effective and which fails to conform to one or more of the applicable regulations in the Zoning Ordinance or amendment thereto, except minimum lot area, yard and setback requirements. NURSERY, DAY: A building used for the supervision and care of five (5) or more pre-school children, other than those of the operator, during the hours of seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. NURSERY, SCHOOL: A pre-kindergarten school for children, primarily between the ages of three (3) and five (5). NURSING HOME: A building intended for use as a medical care facility for persons who need nursing care and medical service, but do not require intensive hospital care and does not include other residential care facilities or residences as specified herein. OFFICE: A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations. OPEN STORAGE: Storage of material or goods on the ground outside of a building. PARK: An area open to the general public and reserved for recreational, educational or scenic purposes. PARKING AREA: An area of land used or intended for off-street parking facilities for motor vehicles. PARKING SPACE: A permanently surfaced area which includes the parking stall plus necessary maneuvering space for parking of a motor vehicle. Space for maneuvering incidental to parking or unparking shall not encroach upon any public right of way. PARTY WALL: A dividing wall that is shared between two properties owned by separate parties. PARTY WALL AGREEMENT: An agreement signed by two (2) or more property owners who share a common wall, recorded as a covenant running with the land, that places restrictions on all present and future owners of said property. Its purpose is to outline how owners will handle any repairs, maintenance, or changes to the wall since it could affect both parties. Party wall agreements may also address other related issues such as shared roof or exterior façade. PLANT NURSERY: A farm, garden, or other cultivated land together with accessory structures designed and intended to be used only for the cultivation and sale of live vegetation. PLAT: A subdivision of land legally approved and recorded. PRINCIPAL BUILDING: The main use of land, contained within buildings or structures, as distinguished from accessory uses, accessory buildings, or accessory structures. PRINCIPAL PERMITTED USES: The main use of land or structures as distinguished from accessory uses. PROPERTY LINE: The legally recorded boundary of a lot, tract or other parcel of land. PUBLIC UTILITY FACILITY, LOCAL: A public utility facility serving a local area only, such as an electric substation or a water or gas pumping or regulating station or a telephone switching center. RECREATIONAL VEHICLE: A vehicle which is: A. Built on a single chassis; B. Four hundred (400) square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel or seasonal use. RESIDENCE: Any building which is designed or used exclusively for residential purposes, except hotels and motels. RETREAT: A building or group of buildings with designated open areas utilized and maintained for educational and religious conclaves, seminars, and similar activities by particular educational, religious, fraternal or other groups. One (1) permanent on site living quarter may be included for a caretaker. ROADWAY: The entire area within public or private vehicular easement or right-of-way lines, whether improved or unimproved. ROADWAY RIGHT-OF-WAY LINE: The boundary which divides a lot from a public or private roadway. SALVAGE YARD: An area for the dismantling, storage, and sale of inoperative, obsolete or wrecked motor vehicles, trailers, farm equipment and their parts. SELF-CARE UNIT: A nursing facility located on the same premises as a full care nursing home and providing semi- independent apartment style living accommodations for residents including separate cooking facilities for each living unit or cluster of living units. SETBACK (BUILDING LINE): The required minimum distance from a road right-of-way or lot line that establishes the area within which a structure can be erected or placed, except as may be permitted elsewhere in this title. SIGHT DISTANCE TRIANGLE: The triangular area of a corner lot bound by the property lines and a line connecting the two (2) points on the property lines twenty five feet (25') from the intersection of the property lines. SIGN: See chapter 17 of this title for sign regulations. SPECIAL EVENTS: All major events as proclaimed by the Mayor and includes, but is not limited to, the Knoxville National Sprint Car Races. SPECIAL EVENTS DISTRICT: Designated as Highway 14 extending from the intersection with Jackson Street south to its intersection with Pleasant Street and all private property within two hundred feet (200') of said streets and roadways. SPECIALIZED PRIVATE SCHOOL: An institution for students at the elementary, junior or senior high level who have physical or mental characteristics which require specialized or individual instruction. SPOT ZONING: Rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive plan. STABLE, PRIVATE: A detached building accessory to a residential use for the keeping of horses, owned by the occupants of the premises and which shall not be used for any commercial purpose including the boarding, hire, sale, or training of horses. STORY: That portion of a building included between the surface of the floor and the surface of the floor next above it or if there be no floor above it, then the space between the floor and the ceiling or roof next above it. STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than four feet (4') above the top floor level. A half-story containing independent apartments or living quarters shall be counted as a full story. STREET: A public or private thoroughfare which affords the principal means of access to abutting property. STREET LINE: A dividing line between a lot, tract or parcel of land and a contiguous street. STRUCTURAL ALTERATIONS: Any replacement or changes in the type of construction or in the supporting members of a building, such as load bearing walls or partitions, columns, beams or girders, beyond ordinary repairs and maintenance. STRUCTURE: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, billboards, and poster panels. TEMPORARY COMMERCIAL ACTIVITIES: The promotion or sale of merchandise on a temporary basis, whether by a permanently licensed business or a "peddler", "solicitor", or "transient merchant" as terms are defined in section 3-3-1 of this Code. VEHICLE: See definition of automobile. Terms are interchangeable. WAREHOUSE: A structure for use as a storage place for goods, materials or merchandise. YARD: An open space on the same lot with a building unoccupied and unobstructed by any portion of a structure or parking lot 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, or width of a side yard, the least distance between the lot line and the main building shall be used, except that in no case shall any eaves or overhang (or any other projection) extend into the said front, side or rear yard by more than twenty four inches (24"). If eaves or overhangs exceed twenty four inches (24"), then the building shall be set back into the permissible building area as necessary to eliminate any eaves or overhangs from extending more than twenty four inches (24"). Fences and walls are permitted in any yard, subject to height limitations as indicated herein. Yard, Front: A yard extending across the full width of the lot and measured between the front lot line and the front of the building other than the projection of the usual steps or unenclosed porches with customary rails. See definition of "yard" for eaves or overhang limitations. Yard, Rear: A yard extending across the full width of the lot and measured between the rear lot line and the building other than steps, unenclosed balconies or unenclosed porches with customary rails. On both corner lots and interior lots, the rear yard is the opposite end of the lot from the front yard. See definition of "yard" for eaves or overhang limitations. Yard, Side: A yard extending from the front yard to the rear yard and measured between the side lot lines and the building. See definition of "yard" for eaves or overhang limitations. ZONING ADMINISTRATOR: The Administration Officer designated or appointed by the City to administer and enforce the regulations contained in this title. ZONING CERTIFICATE: Written statement issued by the Zoning Administrator authorizing buildings, structures or uses consistent with the terms of this title and for the purpose of carrying out and enforcing its provisions. ZONING MAP AMENDMENT: A revision to the City of Knoxville Zoning Map which modifies the zoning district applicable to a specific lot(s), parcel(s) or tract(s). (1983 Code § 11-1-3; amd. Ord. 97-9, 5-19-1997; Ord. 09-16, 9-8-2009; Ord. 12-12, 11-5-2012; Ord. 15-12, 8-17-2015; Ord. 17-01, 3-20-2017; Ord. 17-07, 12-18-2017; Ord. 18-13, 9-4-2018; Ord. 19-08, 7-1-2019; Ord. 23-02, 3-6- 2023; Ord. 23-08, 6-19-2023)