code of ordinances

Transcription

code of ordinances

CHAPTER 1
CODE OF ORDINANCES
1.01
1.02
1.03
1.04
1.05
1.06
1.07
Title
Definitions
City Powers
Indemnity
Personal Injuries
Rules of Construction
Extension of Authority
1.08
1.09
1.10
1.11
1.12
1.13
1.14
Amendments
Catchlines and Notes
Altering Code
Severability
Warrants
General Standards for Action
Standard Penalty
1.01 TITLE. This code of ordinances shall be known and may be cited as the Code of
Ordinances of the City of Le Mars, Iowa.
1.02 DEFINITIONS. Where words and phrases used in this Code of Ordinances are
defined in the Code of Iowa, such definitions apply to their use in this Code of Ordinances
unless such construction would be inconsistent with the manifest intent of the Council or
repugnant to the context of the provision. Other words and phrases used herein have the
following meanings, unless specifically defined otherwise in another portion of this Code of
Ordinances or unless such construction would be inconsistent with the manifest intent of the
Council or repugnant to the context of the provision:
1.
“Alley” means a public right-of-way, other than a street, affording secondary
means of access to abutting property.
2.
“City” means the City of Le Mars, Iowa.
3.
“Clerk” means the city clerk of Le Mars, Iowa.
4.
“Code” means the specific chapter of this Code of Ordinances in which a
specific subject is covered and bears a descriptive title word (such as the Building
Code and/or a standard code adopted by reference).
5.
Iowa.
“Code of Ordinances” means the Code of Ordinances of the City of Le Mars,
6.
“Council” means the city council of Le Mars, Iowa.
7.
“County” means Plymouth County, Iowa.
8.
“May” confers a power.
9.
“Measure” means an ordinance, amendment, resolution or motion.
10.
“Must” states a requirement.
11.
“Occupant” or “tenant,” applied to a building or land, includes any person
who occupies the whole or a part of such building or land, whether alone or with
others.
12.
“Ordinances” means the ordinances of the City of Le Mars, Iowa, as
embodied in this Code of Ordinances, ordinances not repealed by the ordinance
adopting this Code of Ordinances, and those enacted hereafter.
CODE OF ORDINANCES, LE MARS, IOWA
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CODE OF ORDINANCES
13.
“Person” means an individual, firm, partnership, domestic or foreign
corporation, company, association or joint stock association, trust or other legal
entity, and includes a trustee, receiver, assignee, or similar representative thereof, but
does not include a governmental body.
14.
“Public way” includes any street, alley, boulevard, parkway, highway,
sidewalk, or other public thoroughfare.
15.
“Shall” imposes a duty.
16.
“Sidewalk” means that surfaced portion of the street between the edge of the
traveled way, surfacing, or curb line and the adjacent property line, intended for the
use of pedestrians.
17.
“State” means the State of Iowa.
18.
“Statutes” or “laws” means the latest edition of the Code of Iowa, as
amended.
19.
“Street” or “highway” means the entire width between property lines of every
way or place of whatever nature when any part thereof is open to the use of the
public, as a matter of right, for purposes of vehicular traffic.
Words that are not defined in this Code of Ordinances or by the Code of Iowa have their
ordinary meaning unless such construction would be inconsistent with the manifest intent of
the Council, or repugnant to the context of the provision.
1.03 CITY POWERS. The City may, except as expressly limited by the Iowa Constitution,
and if not inconsistent with the laws of the Iowa General Assembly, exercise any power and
perform any function it deems appropriate to protect and preserve the rights, privileges, and
property of the City and of its residents, and to preserve and improve the peace, safety, health,
welfare, comfort, and convenience of its residents, and each and every provision of this Code
of Ordinances shall be deemed to be in the exercise of the foregoing powers and the
performance of the foregoing functions.
(Code of Iowa, Sec. 364.1)
1.04 INDEMNITY. The applicant for any permit or license under this Code of Ordinances,
by making such application, assumes and agrees to pay for any injury to or death of any
person or persons whomsoever, and any loss of or damage to property whatsoever, including
all costs and expenses incident thereto, however arising from or related to, directly, indirectly
or remotely, the issuance of the permit or license, or the doing of anything thereunder, or the
failure of such applicant, or the agents, employees or servants of such applicant, to abide by
or comply with any of the provisions of this Code of Ordinances or the terms and conditions
of such permit or license, and such applicant, by making such application, forever agrees to
indemnify the City and its officers, agents and employees, and agrees to save them harmless
from any and all claims, demands, lawsuits or liability whatsoever for any loss, damage,
injury or death, including all costs and expenses incident thereto, by reason of the foregoing.
The provisions of this section shall be deemed to be a part of any permit or license issued
under this Code of Ordinances or any other ordinance of the City whether expressly recited
therein or not.
1.05 PERSONAL INJURIES. When action is brought against the City for personal
injuries alleged to have been caused by its negligence, the City may notify in writing any
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person by whose negligence it claims the injury was caused. The notice shall state the
pendency of the action, the name of the plaintiff, the name and location of the court where the
action is pending, a brief statement of the alleged facts from which the cause arose, that the
City believes that the person notified is liable to it for any judgment rendered against the City,
and asking the person to appear and defend. A judgment obtained in the suit is conclusive in
any action by the City against any person so notified, as to the existence of the defect or other
cause of the injury or damage, as to the liability of the City to the plaintiff in the first named
action, and as to the amount of the damage or injury. The City may maintain an action
against the person notified to recover the amount of the judgment together with all the
expenses incurred by the City in the suit.
1.06 RULES OF CONSTRUCTION. In the construction of this Code of Ordinances, the
rules of statutory construction as set forth in Chapter 4 of the Code of Iowa shall be utilized to
ascertain the intent of the Council with the understanding that the term “statute” as used
therein will be deemed to be synonymous with the term “ordinance” when applied to this
Code of Ordinances.
1.07 EXTENSION OF AUTHORITY. Whenever an officer or employee is required or
authorized to do an act by a provision of this Code of Ordinances, the provision shall be
construed as authorizing performance by a regular assistant, subordinate or a duly authorized
designee of said officer or employee.
1.08 AMENDMENTS. All ordinances which amend, repeal or in any manner affect this
Code of Ordinances shall include proper reference to chapter, section, subsection, or
paragraph to maintain an orderly codification of ordinances of the City.
1.09 CATCHLINES AND NOTES. The catchlines of the several sections of the Code of
Ordinances, titles, headings (chapter, section and subsection), editor’s notes, cross references
and State law references, unless set out in the body of the section itself, contained in the Code
of Ordinances, do not constitute any part of the law, and are intended merely to indicate,
explain, supplement or clarify the contents of a section.
1.10 ALTERING CODE. It is unlawful for any unauthorized person to change or amend
by additions or deletions, any part or portion of the Code of Ordinances, or to insert or delete
pages, or portions thereof, or to alter or tamper with the Code of Ordinances in any manner
whatsoever which will cause the law of the City to be misrepresented thereby.
1.11 SEVERABILITY. If any section, provision, or part of the Code of Ordinances is
adjudged invalid or unconstitutional, such adjudication will not affect the validity of the Code
of Ordinances as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
1.12 WARRANTS. If consent to enter upon or inspect any building, structure or property
pursuant to a municipal ordinance is withheld by any person having the lawful right to
exclude, the City officer or employee having the duty to enter upon or conduct the inspection
may apply to the Iowa District Court in and for the County, pursuant to Section 808.14 of the
Code of Iowa, for an administrative search warrant. No owner, operator or occupant or any
other person having charge, care, or control of any dwelling unit, rooming unit, structure,
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CODE OF ORDINANCES
building, or premises shall fail or neglect, after presentation of a search warrant, to permit
entry therein by the municipal officer or employee.
1.13 GENERAL STANDARDS FOR ACTION. Whenever this Code of Ordinances
grants any discretionary power to the Council or any commission, board or officer or
employee of the City and does not specify standards to govern the exercise of the power, the
power shall be exercised in light of the following standard: The discretionary power to grant,
deny, or revoke any matter shall be considered in light of the facts and circumstances then
existing and as may be reasonably foreseeable, and due consideration shall be given to the
impact upon the public health, safety and welfare, and the decision shall be that of a
reasonably prudent person under similar circumstances in the exercise of the police power.
1.14 STANDARD PENALTY. Unless another penalty is expressly provided by the Code
of Ordinances for any particular provision, section or chapter, any person failing to perform a
duty, or obtain a license required by, or violating any provision of the Code of Ordinances, or
any rule or regulation adopted herein by reference shall, upon conviction, be subject to a fine
of not more than six hundred twenty-five dollars ($625.00) or imprisonment not to exceed
thirty (30) days. †
(Code of Iowa, Sec. 364.3[2])
[The next page is 9]
†
EDITOR’S NOTE: For civil penalty for violations of this Code of Ordinances, see Chapter 4.
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CHAPTER 2
CHARTER
2.01 Title
2.02 Form of Government
2.03 Powers and Duties of City Officers
2.04 Number and Term of Council
2.05 Term of Mayor
2.06 Copies on File
2.01 TITLE. This chapter may be cited as the charter of the City of Le Mars, Iowa.
2.02 FORM OF GOVERNMENT. The form of government of the City is the MayorCouncil form of government.
2.03 POWERS AND DUTIES OF CITY OFFICERS. The Council and Mayor and other
City officers have such powers and shall perform such duties as are authorized or required by
State law and by the ordinances, resolutions, rules and regulations of the City.
2.04 NUMBER AND TERM OF COUNCIL. The Council consists of two (2) Council
Members elected at large and one (1) Council Member from each of three (3) wards as
established by this Code of Ordinances, elected for overlapping terms of four (4) years.
2.05 TERM OF MAYOR. The Mayor is elected for a term of two (2) years.
2.06 COPIES ON FILE. The Clerk shall keep an official copy of the charter on file with
the official records of the Clerk and the Secretary of State, and shall keep copies of the
charter available at the Clerk’s office for public inspection.
EDITOR’S NOTE
Ordinance No. 494 adopting a charter for the City was passed and approved
by the Council on August 7, 1973.
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CHARTER
°°°°°°°°°°
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CHAPTER 3
BOUNDARIES
3.01 WARDS AND PRECINCTS. The City is divided into three (3) wards described as
follows:
1.
First Ward (Precinct 11). The First Ward shall be all that part of the City
lying north and east of the following described boundary line: Commencing at the
center of the intersection of 12th Street South and the east Corporate Limits, thence
west through the center of 12th Street South to the center of the intersection of 4th
Avenue East and 12th Street South, thence north through the center of 4th Avenue
East to the center of the intersection of 9th Street South and 4th Avenue East, thence
west through the center of 9th Street South to the center of the intersection of 3rd
Avenue East and 9th Street South, thence north through the center of 3rd Avenue East
to the center of the intersection of 1st Street North and 3rd Avenue East, thence west
through the center of 1st Street North to the center of the intersection of 2nd Avenue
East and 1st Street North, thence north through the center of 2nd Avenue East to the
center of the intersection of 2nd Avenue East and 6th Street North, thence east
through the center of 6th Street North to the center of the intersection of 4th Avenue
East and 6th Street North, thence north through the center of 4th Avenue East to the
north Corporate Limits of the City.
2.
Second Ward (Precinct 12). The Second Ward shall be all that part of the
City lying east and south of the following described boundary line: Commencing at
the center of Lincoln Avenue and the south Corporate Limits of the city, thence north
through the center of Lincoln Avenue to the center of the intersection of Lincoln
Avenue and 18th Street South, thence northeasterly through the center of Lincoln
Street South to the center of the intersection 12th Street South and Lincoln Street
South, thence east through the center of 12th Street South to the center of the
intersection of 2nd Avenue West and 12th Street South, thence north through the center
of 2nd Avenue West to the center of the intersection of 4th Street South and 2nd Avenue
West, thence east through the center of 4th Street South to the center of the
intersection of 3rd Avenue East and 4th Street South, thence south through the center
of 3rd Avenue East to the center of the intersection of 9th Street South and 3rd Avenue
East, thence east through the center of 9th Street South to the center of the intersection
of 4th Avenue East and 9th Street South, thence south through the center of 4th Avenue
East to the center of the intersection of 12th Street South and 4th Avenue East, thence
east through the center of 12th Street South to the east Corporate Limits of the City.
3.
Third Ward (Precinct 13). The Third Ward shall be all that part of the City
lying west and north of the following described boundary line: Commencing at the
center of Lincoln Avenue and south Corporate Limits of the city, thence north
through the center of Lincoln Avenue to the center of the intersection of Lincoln
Avenue and 18th Street South, thence northeasterly through the center of Lincoln
Street South to the center of the intersection of 12th Street South and Lincoln Street
South, thence east through the center of 12th Street South to the center of the
intersection of 2nd Avenue West and 12th Street South, thence north through the center
of 2nd Avenue West to the center of the intersection of 4th Street South and 2nd Avenue
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CHAPTER 3
BOUNDARIES
West, thence east through the center of 4th Street South to the center of the
intersection of 3rd Avenue East and 4th Street South, thence north through the center
of 3rd Avenue East to the center of the intersection of 1st Street North and 3rd Avenue
East, thence west through the center of 1st Street North to the center of the
intersection of 2nd Avenue East and 1st Street North, thence north through the center
of 2nd Avenue East to the center of the intersection of 6th Street North and 2nd Avenue
East, thence east through the center of 6th Street North to the center of the intersection
of 4th Avenue East and 6th Street North, thence north through the center of 4th Avenue
East to the north Corporate Limits of the City.
(Chapter 3 – Ord. 893 – Aug. 11 Supp.)
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CHAPTER 4
MUNICIPAL INFRACTIONS
4.01 Municipal Infraction
4.02 Environmental Violation
4.03 Penalties
4.04 Civil Citations
4.05 Alternative Relief
4.06 Alternative Penalties
4.01 MUNICIPAL INFRACTION. A violation of this Code of Ordinances or any
ordinance or code herein adopted by reference or the omission or failure to perform any act or
duty required by the same, with the exception of those provisions specifically provided under
State law as a felony, an aggravated misdemeanor, or a serious misdemeanor, or a simple
misdemeanor under Chapters 687 through 747 of the Code of Iowa, is a municipal infraction
punishable by civil penalty as provided herein.†
4.02 ENVIRONMENTAL VIOLATION. A municipal infraction which is a violation of
Chapter 455B of the Code of Iowa or of a standard established by the City in consultation
with the Department of Natural Resources, or both, may be classified as an environmental
violation. However, the provisions of this section shall not be applicable until the City has
offered to participate in informal negotiations regarding the violation or to the following
specific violations:
(Code of Iowa, Sec. 364.22 [1])
1.
A violation arising from noncompliance with a pretreatment standard or
requirement referred to in 40 C.F.R. §403.8.
2.
The discharge of airborne residue from grain, created by the handling, drying
or storing of grain, by a person not engaged in the industrial production or
manufacturing of grain products.
3.
The discharge of airborne residue from grain, created by the handling, drying
or storing of grain, by a person engaged in such industrial production or
manufacturing if such discharge occurs from September 15 to January 15.
4.03 PENALTIES. A municipal infraction is punishable by the following civil penalties:
1.
Standard Civil Penalties.
A.
First offense – not to exceed $750.00
B.
Each repeat offense – not to exceed $1,000.00
Each day that a violation occurs or is permitted to exist constitutes a repeat offense.
2.
Special Civil Penalties.
A.
A municipal infraction arising from noncompliance with a
pretreatment standard or requirement, referred to in 40 C.F.R. §403.8, by an
†
EDITOR’S NOTE: For criminal penalty for violations of this Code of Ordinances, see Section 1.14.
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CHAPTER 4
industrial user is punishable by a penalty of not more than one thousand
dollars ($1,000.00) for each day a violation exists or continues.
B.
A municipal infraction classified as an environmental violation is
punishable by a penalty of not more than one thousand dollars ($1,000.00) for
each occurrence. However, an environmental violation is not subject to such
penalty if all of the following conditions are satisfied:
(1)
The violation results solely from conducting an initial startup,
cleaning, repairing, performing scheduled maintenance, testing, or
conducting a shutdown of either equipment causing the violation or the
equipment designed to reduce or eliminate the violation.
(2)
The City is notified of the violation within twenty-four (24)
hours from the time that the violation begins.
(3)
The violation does not continue in existence for more than
eight (8) hours.
4.04 CIVIL CITATIONS. Any officer authorized by the City to enforce this Code of
Ordinances may issue a civil citation to a person who commits a municipal infraction. A copy
of the citation may be served by personal service as provided in Rule of Civil Procedure
1.305, by certified mail addressed to the defendant at defendant’s last known mailing address,
return receipt requested, or by publication in the manner as provided in Rule of Civil
Procedure 1.310 and subject to the conditions of Rule of Civil Procedure 1.311. A copy of
the citation shall be retained by the issuing officer, and the original citation shall be sent to
the Clerk of the District Court. The citation shall serve as notification that a civil offense has
been committed and shall contain the following information:
1.
The name and address of the defendant.
2.
The name or description of the infraction attested to by the officer issuing the
citation.
3.
The location and time of the infraction.
4.
both.
The amount of civil penalty to be assessed or the alternative relief sought, or
5.
The manner, location, and time in which the penalty may be paid.
6.
The time and place of court appearance.
7.
The penalty for failure to appear in court.
8.
The legal description of the affected real property, if applicable.
If the citation affects real property and charges a violation relating to the condition of the
property, including a building code violation, a local housing regulation violation, a housing
code violation, or a public health or safety violation, after filing the citation with the Clerk of
the District Court, the City shall also file the citation in the office of the County Treasurer.
4.05 ALTERNATIVE RELIEF. Seeking a civil penalty as authorized in this chapter does
not preclude the City from seeking alternative relief from the court in the same action. Such
alternative relief may include, but is not limited to, an order for abatement or injunctive relief.
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CHAPTER 4
4.06 ALTERNATIVE PENALTIES. This chapter does not preclude a peace officer from
issuing a criminal citation for a violation of this Code of Ordinances or regulation if criminal
penalties are also provided for the violation. Nor does it preclude or limit the authority of the
City to enforce the provisions of this Code of Ordinances by criminal sanctions or other
lawful means.
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CHAPTER 4
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CHAPTER 5
OPERATING PROCEDURES
5.01
5.02
5.03
5.04
5.05
5.06
Oaths
Bonds
Duties: General
Books and Records
Transfer to Successor
Meetings
5.07
5.08
5.09
5.10
5.11
Conflict of Interest
Resignations
Removal of Appointed Officers and Employees
Vacancies
Gifts
5.01 OATHS. The oath of office shall be required and administered in accordance with the
following:
1.
Qualify for Office. Each elected or appointed officer shall qualify for office
by taking the prescribed oath and by giving, when required, a bond. The oath shall be
taken, and bond provided, after being certified as elected but not later than noon of
the first day which is not a Sunday or a legal holiday in January of the first year of the
term for which the officer was elected.
2.
Prescribed Oath. The prescribed oath is: “I, (name), do solemnly swear that I
will support the Constitution of the United States and the Constitution of the State of
Iowa, and that I will faithfully and impartially, to the best of my ability, discharge all
duties of the office of (name of office) in Le Mars as now or hereafter required by
law.”
3.
Officers Empowered to Administer Oaths. The following are empowered to
administer oaths and to take affirmations in any matter pertaining to the business of
their respective office:
A.
Mayor
B.
City Clerk
C.
Members of all boards, commissions or bodies created by law.
(Code of Iowa, Sec. 63A.2)
5.02 BONDS. Surety bonds are provided in accordance with the following:
1.
Required. The Council shall provide by resolution for a surety bond or
blanket position bond running to the City and covering the Mayor, Clerk, Treasurer
and such other officers and employees as may be necessary and advisable.
2.
Bonds Approved. Bonds shall be approved by the Council.
3.
Bonds Filed. All bonds, after approval and proper record, shall be filed with
the Clerk.
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CHAPTER 5
4.
Record. The Clerk shall keep a book, to be known as the “Record of Official
Bonds” in which shall be recorded the official bonds of all City officers, elective or
appointive.
5.03 DUTIES: GENERAL. Each municipal officer shall exercise the powers and perform
the duties prescribed by law and this Code of Ordinances, or as otherwise directed by the
Council unless contrary to State law or City charter.
5.04 BOOKS AND RECORDS. All books and records required to be kept by law or
ordinance shall be open to examination by the public upon request, unless some other
provisions of law expressly limit such right or require such records to be kept confidential.
Access to public records which are combined with data processing software shall be in
accordance with policies and procedures established by the City.
(Code of Iowa, Sec. 22.2 & 22.3A)
5.05 TRANSFER TO SUCCESSOR. Each officer shall transfer to his or her successor in
office all books, papers, records, documents and property in the officer’s custody and
appertaining to that office.
5.06 MEETINGS. All meetings of the Council, any board or commission, or any
multimembered body formally and directly created by any of the foregoing bodies shall be
held in accordance with the following:
1.
Notice of Meetings. Reasonable notice, as defined by State law, of the time,
date and place of each meeting, and its tentative agenda shall be given.
2.
Meetings Open. All meetings shall be held in open session unless closed
sessions are held as expressly permitted by State law.
3.
Minutes. Minutes shall be kept of all meetings showing the date, time and
place, the members present, and the action taken at each meeting. The minutes shall
show the results of each vote taken and information sufficient to indicate the vote of
each member present. The vote of each member present shall be made public at the
open session. The minutes shall be public records open to public inspection.
4.
Closed Session. A closed session may be held only by affirmative vote of
either two-thirds of the body or all of the members present at the meeting and in
accordance with Chapter 21 of the Code of Iowa.
5.
Cameras and Recorders. The public may use cameras or recording devices at
any open session.
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CHAPTER 5
6.
Electronic Meetings. A meeting may be conducted by electronic means only
in circumstances where such a meeting in person is impossible or impractical and
then only in compliance with the provisions of Chapter 21 of the Code of Iowa.
5.07 CONFLICT OF INTEREST. A City officer or employee shall not have an interest,
direct or indirect, in any contract or job of work or material or the profits thereof or services
to be furnished or performed for the City, unless expressly permitted by law. A contract
entered into in violation of this section is void. The provisions of this section do not apply to:
1.
Compensation of Officers. The payment of lawful compensation of a City
officer or employee holding more than one City office or position, the holding of
which is not incompatible with another public office or is not prohibited by law.
(Code of Iowa, Sec. 362.5[3a])
2.
Investment of Funds. The designation of a bank or trust company as a
depository, paying agent, or for investment of funds.
(Code of Iowa, Sec. 362.5[3b])
3.
City Treasurer. An employee of a bank or trust company, who serves as
Treasurer of the City.
(Code of Iowa, Sec. 362.5[3c])
4.
Stock Interests. Contracts in which a City officer or employee has an interest
solely by reason of employment, or a stock interest of the kind described in
subsection 8 of this section, or both, if the contracts are made by competitive bid in
writing, publicly invited and opened, or if the remuneration of employment will not
be directly affected as a result of the contract and the duties of employment do not
directly involve the procurement or preparation of any part of the contract. The
competitive bid qualification of this subsection does not apply to a contract for
professional services not customarily awarded by competitive bid.
(Code of Iowa, Sec. 362.5[3e])
5.
Newspaper. The designation of an official newspaper.
(Code of Iowa, Sec. 362.5[3f])
6.
Existing Contracts. A contract in which a City officer or employee has an
interest if the contract was made before the time the officer or employee was elected
or appointed, but the contract may not be renewed.
(Code of Iowa, Sec. 362.5[3g])
7.
Volunteers. Contracts with volunteer firefighters or civil defense volunteers.
(Code of Iowa, Sec. 362.5[3h])
8.
Corporations. A contract with a corporation in which a City officer or
employee has an interest by reason of stock holdings when less than five percent (5%)
of the outstanding stock of the corporation is owned or controlled directly or
indirectly by the officer or employee or the spouse or immediate family of such
officer or employee.
(Code of Iowa, Sec. 362.5[3i])
9.
Contracts. Contracts made by the City upon competitive bid in writing,
publicly invited and opened.
(Code of Iowa, Sec. 362.5[3d])
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CHAPTER 5
10.
Cumulative Purchases. Contracts not otherwise permitted by this section, for
the purchase of goods or services that benefit a City officer or employee, if the
purchases benefiting that officer or employee do not exceed a cumulative total
purchase price of $1,500 in a fiscal year.
(Code of Iowa, Sec. 362.5[3j])
11.
Franchise Agreements. Franchise agreements between the City and a utility
and contracts entered into by the City for the provision of essential City utility
services.
(Code of Iowa, Sec. 362.5[3l])
12.
Third Party Contracts. A contract that is a bond, note or other obligation of
the City and the contract is not acquired directly from the City but is acquired in a
transaction with a third party who may or may not be the original underwriter,
purchaser, or obligee of the contract.
(Code of Iowa, Sec. 362.5[3m])
5.08 RESIGNATIONS. An elected officer who wishes to resign may do so by submitting
a resignation in writing to the Clerk so that it shall be properly recorded and considered. A
person who resigns from an elective office is not eligible for appointment to the same office
during the time for which the person was elected, if during that time the compensation of the
office has been increased.
5.09 REMOVAL OF APPOINTED OFFICERS AND EMPLOYEES. Except as
otherwise provided by State or City law, all persons appointed to City office or employment
may be removed by the officer or body making the appointment, but every such removal shall
be by written order. The order shall give the reasons, be filed in the office of the Clerk, and a
copy shall be sent by certified mail to the person removed, who, upon request filed with the
Clerk within thirty (30) days after the date of mailing the copy, shall be granted a public
hearing before the Council on all issues connected with the removal. The hearing shall be
held within thirty (30) days after the date the request is filed, unless the person removed
requests a later date.
5.10 VACANCIES. A vacancy in an elective City office during a term of office shall be
filled in accordance with Section 372.13[2] of the Code of Iowa.
5.11 GIFTS. Except as otherwise provided in Chapter 68B of the Code of Iowa, a public
official, public employee or candidate, or that person’s immediate family member, shall not,
directly or indirectly, accept or receive any gift or series of gifts from a “restricted donor” as
defined in Chapter 68B and a restricted donor shall not, directly or indirectly, individually or
jointly with one or more other restricted donors, offer or make a gift or a series of gifts to a
public official, public employee or candidate.
(Code of Iowa, Sec. 68B.22)
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CHAPTER 6
CITY ELECTIONS
6.01
6.02
6.03
6.04
Nominating Method to be Used
Candidacy
Run-off Election in Lieu of Primary
Run-off Election Procedure
6.05 Qualification
6.06 Time Held
6.07 Candidates Elected
6.01 NOMINATING METHOD TO BE USED. All candidates for elective municipal
offices shall be nominated under the provisions of Chapter 376 of the Code of Iowa.
6.02 CANDIDACY. An eligible elector of the City may become a candidate for an elective
City office by filing with the County Commissioner of Elections a valid petition requesting
that the elector’s name be placed on the ballot for that office. The petition must be signed by
eligible electors equal in number to at least two percent (2%) of those who voted to fill the
same office at the last regular City election, but not less than ten (10) persons.
6.03 RUN-OFF ELECTION IN LIEU OF PRIMARY. A run-off election shall be held
in lieu of a primary election for the choosing of persons for elective offices.
6.04 RUN-OFF ELECTION PROCEDURE. A run-off election shall be held only for
positions unfilled because of failure of a sufficient number of candidates to receive a majority
vote in the regular City election.
6.05 QUALIFICATION. Candidates who do not receive a majority of the votes cast for an
office, but who receive the highest number of votes cast for that office in the regular City
election, to the extent of twice the number of unfilled positions, are candidates in the run-off
elections.
6.06 TIME HELD. Run-off elections shall be held four (4) weeks after the date of the
regular City election and shall be conducted in the same manner as regular City elections.
6.07 CANDIDATES ELECTED. Candidates in the run-off election who receive the
highest number of votes cast for each office on the ballot are elected to the extent necessary to
fill the positions open.
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CHAPTER 6
CITY ELECTIONS
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CHAPTER 7
FISCAL MANAGEMENT
7.01
7.02
7.03
7.04
Purpose
Finance Officer
Cash Control
Fund Control
7.05
7.06
7.07
7.08
Operating Budget Preparation
Budget Amendments
Accounting
Financial Reports
7.01 PURPOSE. The purpose of this chapter is to establish policies and provide for rules
and regulations governing the management of the financial affairs of the City.
7.02 FINANCE OFFICER. The Business Manager/City Clerk is the finance and
accounting officer of the City and is responsible for the administration of the provisions of
this chapter.
7.03 CASH CONTROL. To assure the proper accounting and safe custody of moneys the
following shall apply:
1.
Deposit of Funds. All moneys or fees collected for any purpose by any City
officer shall be deposited through the office of the finance officer. If any said fees
are due to an officer, they shall be paid to the officer by check drawn by the finance
officer and approved by the Council only upon such officer’s making adequate
reports relating thereto as required by law, ordinance or Council directive.
2.
Deposits and Investments. All moneys belonging to the City shall be
promptly deposited in depositories selected by the Council in amounts not exceeding
the authorized depository limitation established by the Council or invested in
accordance with the City’s written investment policy and State law, including joint
investments as authorized by Section 384.21 of the Code of Iowa.
(Code of Iowa, Sec. 384.21, 12B.10, 12C.1)
3.
Petty Cash Fund. The finance officer shall be custodian of a petty cash fund
for the payment of small claims for minor purchases, collect-on-delivery
transportation charges and small fees customarily paid at the time of rendering a
service, for which payments the finance officer shall obtain some form of receipt or
bill acknowledged as paid by the vendor or agent. At such time as the petty cash fund
is approaching depletion, the finance officer shall draw a check for replenishment in
the amount of the accumulated expenditures and said check and supporting detail
shall be submitted to the Council as a claim in the usual manner for claims and
charged to the proper funds and accounts. It shall not be used for salary payments or
other personal services or personal expenses.
7.04 FUND CONTROL. There shall be established and maintained separate and distinct
funds in accordance with the following:
1.
Revenues. All moneys received by the City shall be credited to the proper
fund as required by law, ordinance or resolution.
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CHAPTER 7
FISCAL MANAGEMENT
2.
Expenditures. No disbursement shall be made from a fund unless such
disbursement is authorized by law, ordinance or resolution, was properly budgeted,
and supported by a claim approved by the Council.
3.
Emergency Fund. No transfer may be made from any fund to the Emergency
Fund.
(IAC, 545-2.5 [384,388], Sec. 2.5[2])
4.
Debt Service Fund. Except where specifically prohibited by State law,
moneys may be transferred from any other City fund to the Debt Service Fund to meet
payments of principal and interest. Such transfers must be authorized by the original
budget or a budget amendment.
(IAC, 545-2.5[384,388] Sec. 2.5[3])
5.
Capital Improvements Reserve Fund. Except where specifically prohibited
by State law, moneys may be transferred from any City fund to the Capital
Improvements Reserve Fund. Such transfers must be authorized by the original
budget or a budget amendment.
(IAC, 545-2.5[384,388] Sec. 2.5[4])
6.
Utility and Enterprise Funds. A surplus in a Utility or Enterprise Fund may
be transferred to any other City fund, except the Emergency Fund and Road Use Tax
Funds, by resolution of the Council. A surplus may exist only after all required
transfers have been made to any restricted accounts in accordance with the terms and
provisions of any revenue bonds or loan agreements relating to the Utility or
Enterprise Fund. A surplus is defined as the cash balance in the operating account or
the unrestricted retained earnings calculated in accordance with generally accepted
accounting principles in excess of:
A.
The amount of the expense of disbursements for operating and
maintaining the utility or enterprise for the preceding three (3) months, and
B.
The amount necessary to make all required transfers to restricted
accounts for the succeeding three (3) months.
(IAC, 545-2.5[384,388], Sec. 2.5[5])
7.
Balancing of Funds. Fund accounts shall be reconciled at the close of each
month and a report thereof submitted to the Council.
7.05 OPERATING BUDGET PREPARATION. The annual operating budget of the City
shall be prepared in accordance with the following:
1.
Proposal Prepared. The finance officer is responsible for preparation of the
annual budget detail, for review by the Mayor and Council and adoption by the
Council in accordance with directives of the Mayor and Council.
2.
Boards and Commissions. All boards, commissions and other administrative
agencies of the City that are authorized to prepare and administer budgets must
submit their budget proposals to the finance officer for inclusion in the proposed City
budget at such time and in such form as required by the Council.
3.
Submission to Council. The finance officer shall submit the completed
budget proposal to the Council no later than February 15 of each year.
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CHAPTER 7
FISCAL MANAGEMENT
4.
Council Review. The Council shall review the proposed budget and may
make any adjustments in the budget which it deems appropriate before accepting such
proposal for publication, hearing and final adoption.
5.
Notice of Hearing. Upon adopting a proposed budget the Council shall set a
date for public hearing thereon to be held before March 15 and cause notice of such
hearing and a summary of the proposed budget to be published not less than ten (10)
nor more than twenty (20) days before the date established for the hearing. Proof of
such publication must be filed with the County Auditor.
6.
Copies of Budget on File. Not less than twenty (20) days before the date that
the budget must be certified to the County Auditor and not less than ten (10) days
before the public hearing, the Clerk shall make available a sufficient number of
copies of the detailed budget to meet the requests of taxpayers and organizations, and
have them available for distribution at the offices of the Mayor and Clerk and at the
City library.
7.
Adoption and Certification. After the hearing, the Council shall adopt, by
resolution, a budget for at least the next fiscal year and the Clerk shall certify the
necessary tax levy for the next fiscal year to the County Auditor and the County
Board of Supervisors. The tax levy certified may be less than, but not more than, the
amount estimated in the proposed budget. Two copies each of the detailed budget as
adopted and of the tax certificate must be transmitted to the County Auditor.
7.06 BUDGET AMENDMENTS. A City budget finally adopted for the following fiscal
year becomes effective July 1 and constitutes the City appropriation for each program and
purpose specified therein until amended as provided by this section.
1.
Program Increase. Any increase in the amount appropriated to a program
must be prepared, adopted and subject to protest in the same manner as the original
budget.
(IAC, 545-2.2 [384, 388])
2.
Program Transfer. Any transfer of appropriation from one program to
another must be prepared, adopted and subject to protest in the same manner as the
original budget.
(IAC, 545-2.3 [384, 388])
3.
Activity Transfer. Any transfer of appropriation from one activity to another
activity within a program must be approved by resolution of the Council.
(IAC, 545-2.4 [384, 388])
4.
Administrative Transfers. The finance officer shall have the authority to
adjust, by transfer or otherwise, the appropriations allocated within a specific activity
without prior Council approval.
(IAC, 545-2.4 [384, 388])
7.07 ACCOUNTING. The accounting records of the City shall consist of not less than the
following:
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CHAPTER 7
FISCAL MANAGEMENT
1.
Books of Original Entry. There shall be established and maintained books of
original entry to provide a chronological record of cash received and disbursed.
2.
General Ledger. There shall be established and maintained a general ledger
controlling all cash transactions, budgetary accounts and for recording unappropriated
surpluses.
3.
Checks. Checks shall be prenumbered and signed, following Council
approval (except as provided by subsection 5 hereof), by any two of the following
officials: the Mayor, City Clerk, City Administrator and Deputy Clerk.
4.
Budget Accounts. There shall be established such individual accounts to
record receipts by source and expenditures by program, sub-program and activity as
will provide adequate information and control for budgeting purposes as planned and
approved by the Council. Each individual account shall be maintained within its
proper fund and so kept that receipts can be immediately and directly compared with
revenue estimates and expenditures can be related to the authorizing appropriation.
No expenditure shall be posted except to the appropriation for the function and
purpose for which the expense was incurred.
5.
Immediate Payment Authorized. The Council may by resolution authorize
the Clerk to issue checks for immediate payment of amounts due, which if not paid
promptly would result in loss of discount, penalty for late payment or additional
interest cost. Any such payments made shall be reported to the Council for review
and approval with and in the same manner as other claims at the next meeting
following such payment. The resolution authorizing immediate payment shall specify
the type of payment so authorized and may include but is not limited to payment of
utility bills, contractual obligations, payroll and bond principal and interest.
6.
Utilities. The finance officer shall perform and be responsible for accounting
functions of the municipally owned utilities.
7.08 FINANCIAL REPORTS. The finance officer shall prepare and file the following
financial reports:
1.
Monthly Reports. There shall be submitted to the Council each month a
report showing the activity and status of each fund, program, sub-program and
activity for the preceding month.
2.
Annual Report. Not later than December 1 of each year there shall be published
an annual report containing a summary for the preceding fiscal year of all collections
and receipts, all accounts due the City, and all expenditures, the current public debt of
the City, and the legal debt limit of the City for the current fiscal year. A copy of the
annual report must be filed with the Auditor of State not later than December 1 of each
year.
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CHAPTER 8
INDUSTRIAL PROPERTY TAX EXEMPTIONS
8.01
8.02
8.03
8.04
8.05
Purpose
Definitions
Period of Partial Exemption
Amounts Eligible for Exemption
Limitations
8.06
8.07
8.08
8.09
Applications
Approval
Exemption Repealed
Dual Exemptions Prohibited
8.01 PURPOSE. The purpose of this chapter is to provide for a partial exemption from
property taxation of the actual value added to industrial real estate by the new construction of
industrial real estate, research-service facilities, warehouses, and distribution centers.
8.02 DEFINITIONS. For use in this chapter the following terms are defined:
1.
“Actual value added” means the actual value added as of the first year for
which the exemption is received.
2.
“Distribution center” means a building or structure used primarily for the
storage of goods which are intended for subsequent shipment to retail outlets.
Distribution center does not mean a building or structure used primarily to store raw
agricultural products, used primarily by a manufacturer to store goods to be used in
the manufacturing process, used primarily for the storage of petroleum products, or
used for the retail sale of goods.
3.
“New construction” means new buildings and structures and includes new
buildings and structures which are constructed as additions to existing buildings and
structures. New construction does not include reconstruction of an existing building
or structure which does not constitute complete replacement of an existing building or
structure or refitting of an existing building or structure unless the reconstruction of
an existing building or structure is required due to economic obsolescence and the
reconstruction is necessary to implement recognized industry standards for the
manufacturing and processing of specific products and the reconstruction is required
for the owner of the building or structure to continue competitively to manufacture or
process those products, which determination shall receive prior approval from the
City Council of the City upon the recommendation of the Iowa Department of
Economic Development.
4.
“Research-service facilities” means a building or group of buildings devoted
primarily to research and development activities, including, but not limited to, the
design and production or manufacture of prototype products for experimental use, and
corporate research services which do not have a primary purpose of providing on-site
services to the public.
5.
“Warehouse” means a building or structure used as a public warehouse for
the storage of goods pursuant to Chapter 554, Article 7, of the Code of Iowa, except
that it does not mean a building or structure used primarily to store raw agricultural
products or from which goods are sold at retail.
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CHAPTER 8
8.03 PERIOD OF PARTIAL EXEMPTION. The actual value added to industrial real
estate by the new construction of industrial real estate, research-service facilities, warehouses,
and distribution centers is eligible to receive a partial exemption from taxation for a period of
five (5) years.
8.04 AMOUNTS ELIGIBLE FOR EXEMPTION. The amount of actual value added
which is eligible to be exempt from taxation shall be as follows:
1.
For the first year, seventy-five percent (75%)
2.
For the second year, sixty percent (60%)
3.
For the third year, forty-five percent (45%)
4.
For the fourth year, thirty percent (30%)
5.
For the fifth year, fifteen percent (15%)
8.05 LIMITATIONS. The granting of the exemption under this chapter for new
construction constituting complete replacement of an existing building or structure shall not
result in the assessed value of the industrial real estate being reduced below the assessed
value of the industrial real estate before the start of the new construction added.
8.06 APPLICATIONS. An application shall be filed for each project resulting in actual
value added for which an exemption is claimed.
1.
The application for exemption shall be filed by the owner of the property
with the local assessor by February 1 of the assessment year in which the value added
is first assessed for taxation.
2.
Applications for exemption shall be made on forms prescribed by the
Director of Revenue and shall contain information pertaining to the nature of the
improvement, its cost, and other information deemed necessary by the Director of
Revenue.
8.07 APPROVAL. A person may submit a proposal to the City Council to receive prior
approval for eligibility for a tax exemption on new construction. If the City Council resolves
to consider such proposal, it shall publish notice and hold a public hearing thereon.
Thereafter, at least thirty days after such hearing the City Council, by ordinance, may give its
prior approval of a tax exemption for new construction if the new construction is in
conformance with City zoning. Such prior approval shall not entitle the owner to exemption
from taxation until the new construction has been completed and found to be qualified real
estate.
8.08 EXEMPTION REPEALED. When in the opinion of the City Council continuation
of the exemption granted by this chapter ceases to be of benefit to the City, the City Council
may repeal this chapter, but all existing exemptions shall continue until their expiration.
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CHAPTER 8
8.09 DUAL EXEMPTIONS PROHIBITED. A property tax exemption under this chapter
shall not be granted if the property for which the exemption is claimed has received any other
property tax exemption authorized by law.
EDITOR’S NOTE
The following ordinances have been adopted granting prior approval of partial property tax
exemptions.
ORDINANCE
796
806
826
871
916
ADOPTION
9-1-98
7-6-99
12-17-02
12-4-07
11-5-13
PROPERTY
Meat Opportunities, LLC
NorAm Cold Storage, Inc.
McCormack Distributing Co., Inc.
Le Mars Public Storage
Van’s Sanitation, Inc., aka SRT Rentals
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CHAPTER 8
- 48 -
CHAPTER 9
URBAN RENEWAL
EDITOR’S NOTE
The following ordinances not codified herein, and specifically saved from repeal, have been
adopted and provide for Urban Renewal Areas in the City and remain in full force and effect,
for division of tax levied on taxable property.
ORDINANCE NO.
734
758
765
799
809
839
ADOPTED
11-13-92
12-20-94
11-7-95
11-24-98
10-5-99
6-15-04
843
8-3-04
882
9-15-09
NAME OF AREA
Le Mars Urban Renewal Project Area
1994 Addition to the Le Mars Urban Renewal Area
Westmar University Urban Renewal Area
Hospital Urban Renewal Area
Plymouth County/Le Mars Highway 75 Bypass
Urban Renewal Area
Amend Ordinance No. 843 to Re-designate and
Clarify the Legal Description of the Property in the
Plymouth County/Le Mars Highway 75 Bypass
Urban Renewal Area
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CHAPTER 9
URBAN RENEWAL
°°°°°°°°°°
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CHAPTER 10
ASSESSMENT OF PROPERTY FOR HOUSING
DEVELOPMENTS WITHIN THE CITY LIMITS
10.01 Purpose
10.02 Tax Status
10.03 Special Assessments
10.04 Refund
10.05 Implementation
10.01 PURPOSE. The purpose of this chapter is to promote residential growth and
development within the City Limits and to provide for the general welfare of its citizens.
10.02 TAX STATUS. Pursuant to Iowa Code Section 405.1(3) 2011, the City hereby
extends for a period of time not to exceed five years the tax status limitations affecting the
assessment of property subdivided for development of housing within City limits on or after
January 4, 2004, but before January 1, 2011, and property subdivided for development of
housing within City limits after January 1, 2011, and beyond, subject to those tax status
limitations as found in Iowa Code Section 405.1(1)(a). All property acquired and subdivided
for development in accordance with the dates above shall continue to be assessed for taxation
in a manner that it was prior to the acquisition for housing until the lot is sold for construction
or occupancy of housing or five years from the extended date now offered in Iowa Code
Section 405.1, whichever is shorter. Upon the sale or the expiration of the five year period,
the property shall be assessed for taxation as residential or commercial multifamily property,
whichever is equitable.
10.03 SPECIAL ASSESSMENTS. This chapter does not apply to special assessment
levies.
10.04 REFUND. Nothing in this chapter shall be construed to require the refund or
modification of property taxes that are attributable to assessment years beginning before
January 1, 2012, or the adjustment of property assessments for assessment years beginning
before January 1, 2012.
10.05 IMPLEMENTATION. This chapter applies to assessment years beginning on or
after January 1, 2012.
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CHAPTER 10
ASSESSMENT OF PROPERTY FOR HOUSING
DEVELOPMENTS WITHIN THE CITY LIMITS
°°°°°°°°°°
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CHAPTER 11
URBAN REVITALIZATION
EDITOR’S NOTE
Ordinance No. 901, adopted April 3, 2012, designated the Le Mars Urban
Revitalization Area for the City. This ordinance, not codified herein, is
specifically saved from repeal.
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CHAPTER 11
URBAN REVITALIZATION
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CHAPTER 15
MAYOR
15.01 Term of Office
15.02 Powers and Duties
15.03 Appointments
15.04 Compensation
15.05 Voting
15.01 TERM OF OFFICE. The Mayor is elected for a term of two (2) years.
15.02 POWERS AND DUTIES. The powers and duties of the Mayor are as follows:
1.
Chief Executive Officer. Act as the chief executive officer of the City and
presiding officer of the Council, supervise all departments of the City, except for
supervisory duties delegated to the City Administrator, give direction to department
heads concerning the functions of the departments, and have the power to examine all
functions of the municipal departments, their records and to call for special reports
from department heads at any time.
2.
Proclamation of Emergency. Have authority to take command of the police
and govern the City by proclamation, upon making a determination that a time of
emergency or public danger exists. Within the City limits, the Mayor has all the
powers conferred upon the Sheriff to suppress disorders.
3.
Special Meetings. Call special meetings of the Council when the Mayor
deems such meetings necessary to the interests of the City.
4.
Mayor’s Veto. Sign, veto or take no action on an ordinance, amendment or
resolution passed by the Council. The Mayor may veto an ordinance, amendment or
resolution within fourteen days after passage. The Mayor shall explain the reasons
for the veto in a written message to the Council at the time of the veto.
(Code of Iowa, Sec. 380.5 & 380.6[2])
5.
Reports to Council. Make such oral or written reports to the Council as
required. These reports shall concern municipal affairs generally, the municipal
departments, and recommendations suitable for Council action.
6.
Negotiations. Represent the City in all negotiations properly entered into in
accordance with law or ordinance. The Mayor shall not represent the City where this
duty is specifically delegated to another officer by law, ordinance, or Council
direction.
7.
Contracts. Whenever authorized by the Council, sign contracts on behalf of
the City.
8.
Absentee Officer. Make appropriate provision that duties of any absentee
officer be carried on during such absence.
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CHAPTER 15
MAYOR
15.03 APPOINTMENTS. The Mayor shall appoint the Mayor Pro Tem and the Mayor
also appoints, with Council approval, the following officials:
1.
Library Board of Trustees
2.
Civil Service Commission
3.
Health Officer
4.
Zoning Board of Adjustment
5.
Airport Manager
6.
Historic Preservation Commission
7.
City Tree Board
15.04 COMPENSATION.
The salary of the Mayor is twelve thousand dollars
($12,000.00) annually, payable at the rate of one thousand dollars ($1,000.00) per month.
15.05 VOTING. The Mayor is not a member of the Council and shall not vote as a member
of the Council.
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CHAPTER 16
MAYOR PRO TEM
16.01 Vice President of Council
16.03 Voting Rights
16.04 Compensation
16.01 VICE PRESIDENT OF COUNCIL. The Mayor shall appoint a member of the
Council as Mayor Pro Tem, who shall serve as vice president of the Council.
16.02 POWERS AND DUTIES. Except for the limitations otherwise provided herein, the
Mayor Pro Tem shall perform the duties of the Mayor in cases of absence or inability of the
Mayor to perform such duties. In the exercise of the duties of the office the Mayor Pro Tem
shall not have power to appoint, employ, or discharge from employment officers or
employees that the Mayor has the power to appoint, employ, or discharge without the
approval of the Council.
16.03 VOTING RIGHTS. The Mayor Pro Tem shall have the right to vote as a member of
the Council.
16.04 COMPENSATION. If the Mayor Pro Tem performs the duties of the Mayor during
the Mayor’s absence or disability for a continuous period of fifteen (15) days or more, the
Mayor Pro Tem may be paid for that period the compensation as determined by the Council,
based upon the Mayor Pro Tem’s performance of the Mayor’s duties and upon the
compensation of the Mayor.
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CHAPTER 16
MAYOR PRO TEM
°°°°°°°°°°
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CHAPTER 17
CITY COUNCIL
17.01 Number and Term of Council
17.03 Exercise of Power
17.04 Council Meetings
17.05 Appointments
17.06 Compensation
17.01 NUMBER AND TERM OF COUNCIL. The Council consists of two (2) Council
Members elected at large and one Council Member from each of three (3) wards as
established by the Code of Ordinances, elected for overlapping terms of four (4) years.
17.02 POWERS AND DUTIES. The powers and duties of the Council include, but are not
limited to the following:
1.
General. All powers of the City are vested in the Council except as otherwise
provided by law or ordinance.
2.
Wards. By ordinance, the Council may divide the City into wards based upon
population, change the boundaries of wards, eliminate wards or create new wards.
3.
Fiscal Authority. The Council shall apportion and appropriate all funds, and
audit and allow all bills, accounts, payrolls and claims, and order payment thereof. It
shall make all assessments for the cost of street improvements, sidewalks, sewers and
other work, improvement or repairs which may be specially assessed.
(Code of Iowa, Sec. 364.2[1], 384.16 & 384.38 [1])
4.
Public Improvements. The Council shall make all orders for the construction
of any improvements, bridges or buildings.
5.
Contracts. The Council shall make or authorize the making of all contracts.
No contract shall bind or be obligatory upon the City unless approved by the Council.
6.
Employees. The Council shall authorize, by resolution, the number, duties,
term of office and compensation of employees or officers not otherwise provided for
by State law or the Code of Ordinances.
7.
Setting Compensation for Elected Officers. By ordinance, the Council shall
prescribe the compensation of the Mayor, Council members, and other elected City
officers, but a change in the compensation of the Mayor does not become effective
during the term in which the change is adopted, and the Council shall not adopt such
an ordinance changing the compensation of any elected officer during the months of
November and December in the year of a regular City election. A change in the
compensation of Council members becomes effective for all Council members at the
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CHAPTER 17
CITY COUNCIL
beginning of the term of the Council members elected at the election next following
the change in compensation.
17.03 EXERCISE OF POWER. The Council shall exercise a power only by the passage
of a motion, a resolution, an amendment or an ordinance in the following manner:
1.
Action by Council. Passage of an ordinance, amendment or resolution
requires a majority vote of all of the members of the Council. Passage of a motion
requires a majority vote of a quorum of the Council. A resolution must be passed to
spend public funds in accordance with Code of Iowa limits on any one project, or to
accept public improvements and facilities upon their completion. Each Council
member’s vote on a measure must be recorded. A measure which fails to receive
sufficient votes for passage shall be considered defeated.
2.
Overriding Mayor’s Veto. Within thirty (30) days after the Mayor’s veto, the
Council may pass the measure again by a vote of not less than two-thirds of all of the
members of the Council.
3.
Measures Become Effective.
effective in one of the following ways:
Measures passed by the Council become
A.
An ordinance or amendment signed by the Mayor becomes effective
when the ordinance or a summary of the ordinance is published, unless a
subsequent effective date is provided within the ordinance or amendment.
B.
A resolution signed by the Mayor becomes effective immediately
upon signing.
C.
A motion becomes effective immediately upon passage of the motion
by the Council.
D.
If the Mayor vetoes an ordinance, amendment or resolution and the
Council repasses the measure after the Mayor’s veto, a resolution becomes
effective immediately upon repassage, and an ordinance or amendment
becomes a law when the ordinance or a summary of the ordinance is
published, unless a subsequent effective date is provided within the ordinance
or amendment.
E.
If the Mayor takes no action on an ordinance, amendment or
resolution, a resolution becomes effective fourteen (14) days after the date of
passage, and an ordinance or amendment becomes law when the ordinance or
a summary of the ordinance is published, but not sooner than fourteen (14)
days after the date of passage, unless a subsequent effective date is provided
within the ordinance or amendment.
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CHAPTER 17
CITY COUNCIL
“All of the members of the Council” refers to all of the seats of the Council including a vacant
seat and a seat where the member is absent, but does not include a seat where the Council
member declines to vote by reason of a conflict of interest.
(Code of Iowa, Sec. 380.1[a])
17.04 COUNCIL MEETINGS. Procedures for giving notice of meetings of the Council
and other provisions regarding the conduct of Council meetings are contained in Section 5.06
of this Code of Ordinances. Additional particulars relating to Council meetings are the
following:
1.
Regular Meetings. The regular meetings of the Council are on the first and
third Tuesdays of each month at a time fixed by the Council. If such day falls on a
legal holiday, the meeting is held at a mutually agreeable time, as determined by the
Council.
2.
Special Meetings. Special meetings shall be held upon call of the Mayor or
upon the request of a majority of the members of the Council.
3.
Quorum. A majority of all Council members is a quorum.
4.
Rules of Procedure. The Council shall determine its own rules and maintain
records of its proceedings.
17.05 APPOINTMENTS. The Council shall appoint the following officials and prescribe
their powers, duties, compensation and term of office:
1.
City Clerk
2.
City Administrator
3.
City Attorney
4.
Police Chief
5.
Fire Chief
6.
Ambulance Director
7.
Planning and Zoning Commission
17.06 COMPENSATION. The salary of each Council member is six thousand dollars
($6,000.00) annually, payable at the rate of five hundred ($500.00) per month.
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CHAPTER 17
CITY COUNCIL
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CHAPTER 18
CITY CLERK
18.01
18.02
18.03
18.04
18.05
18.06
18.07
18.08
Appointment and Compensation
Powers and Duties: General
Publication of Minutes
Recording Measures
Publication
Authentication
Certify Measures
Records
18.09
18.10
18.11
18.12
18.13
18.14
18.15
Attendance at Meetings
Issue Licenses and Permits
Notify Appointees
Elections
Seal of the City Clerk
Corporate Seal
Powers and Duties as Business Manager
18.01 APPOINTMENT AND COMPENSATION. The Council shall appoint by majority
vote a City Clerk (also known as the Business Manager) to serve at the direction of the
Council. The Clerk shall receive such compensation as established by resolution of the
Council.
18.02 POWERS AND DUTIES: GENERAL. The Clerk or, in the Clerk’s absence or
inability to act, the Deputy Clerk has the powers and duties as provided in this chapter, this
Code of Ordinances, and the law.
18.03 PUBLICATION OF MINUTES. Within fifteen (15) days following a regular or
special meeting, the Clerk shall cause the minutes of the proceedings thereof to be published.
Such publication shall include a list of all claims allowed and a summary of all receipts and
shall show the gross amount of the claims.
18.04 RECORDING MEASURES. The Clerk shall promptly record each measure
considered by the Council and record a statement with the measure, where applicable,
indicating whether the Mayor signed, vetoed or took no action on the measure, and whether
the measure was repassed after the Mayor’s veto.
(Code of Iowa, Sec. 380.7[1 & 2])
18.05 PUBLICATION. The Clerk shall cause to be published all ordinances, enactments,
proceedings and official notices requiring publication as follows:
1.
Time. If notice of an election, hearing, or other official action is required by
this Code of Ordinances or law, the notice must be published at least once, not less
than four (4) nor more than twenty (20) days before the date of the election, hearing
or other action, unless otherwise provided by law.
2.
Manner of Publication. A publication required by this Code of Ordinances or
law must be in a newspaper published at least once weekly and having general
circulation in the City.
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CHAPTER 18
CITY CLERK
18.06 AUTHENTICATION. The Clerk shall authenticate all measures except motions
with the Clerk’s signature, certifying the time and manner of publication when required.
18.07 CERTIFY MEASURES. The Clerk shall certify all measures establishing any
zoning district, building lines, or fire limits and a plat showing the district, lines, or limits to
the recorder of the County containing the affected parts of the City.
18.08 RECORDS. The Clerk shall maintain the specified City records in the following
manner:
1.
Ordinances and Codes. Maintain copies of all effective City ordinances and
codes for public use.
2.
Custody. Have custody and be responsible for the safekeeping of all writings
or documents in which the City is a party in interest unless otherwise specifically
directed by law or ordinance.
3.
Maintenance. Maintain all City records and documents, or accurate
reproductions, for at least five (5) years except that ordinances, resolutions, Council
proceedings, records and documents, or accurate reproductions, relating to the
issuance, cancellation, transfer, redemption or replacement of public bonds or
obligations shall be kept for at least eleven (11) years following the final maturity of
the bonds or obligations. Ordinances, resolutions, Council proceedings, records and
documents, or accurate reproductions, relating to real property transactions shall be
maintained permanently.
(Code of Iowa, Sec. 372.13[3 & 5])
4.
Provide Copy. Furnish upon request to any municipal officer a copy of any
record, paper or public document under the Clerk’s control when it may be necessary
to such officer in the discharge of such officer’s duty; furnish a copy to any citizen
when requested upon payment of the fee set by Council resolution; under the
direction of the Mayor or other authorized officer, affix the seal of the City to those
public documents or instruments which by ordinance and Code of Ordinances are
required to be attested by the affixing of the seal.
(Code of Iowa, Sec. 372.13[4 & 5] and 380.7[5])
5.
Filing of Communications. Keep and file all communications and petitions
directed to the Council or to the City generally. The Clerk shall endorse thereon the
action of the Council taken upon matters considered in such communications and
petitions.
18.09 ATTENDANCE AT MEETINGS. The Clerk shall attend all regular and special
Council meetings and, at the direction of the Council, the Clerk shall attend meetings of
committees, boards, and commissions. The Clerk shall record and preserve a correct record
of the proceedings of such meetings.
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CHAPTER 18
CITY CLERK
18.10 ISSUE LICENSES AND PERMITS. The Clerk shall issue or revoke licenses and
permits (except for building permits or occupancy permits) when authorized by this Code of
Ordinances, and keep a record of licenses and permits issued which shall show date of
issuance, license or permit number, official receipt number, name of person to whom issued,
term of license or permit and purpose for which issued.
18.11 NOTIFY APPOINTEES. The Clerk shall inform all persons appointed by the
Mayor or Council to offices in the City government of their position and the time at which
they shall assume the duties of their office.
18.12 ELECTIONS. The Clerk shall perform the duties relating to elections in accordance
with Chapter 376 of the Code of Iowa.
18.13 SEAL OF THE CITY CLERK. The City Clerk’s seal shall be attached by the Clerk
to all transcripts, orders and certificates which it may be necessary or proper to authenticate.
The Clerk’s seal is circular in form, in the center of which is the word “SEAL” and around
the margin of which are the words “THE CLERK OF THE CITY OF LE MARS, IOWA.”
18.14 CORPORATE SEAL. The corporate seal of the City is hereby declared to be such
as has been heretofore legally established by the City, and is a seal with the words “THE
CITY OF LE MARS” around the margin, and has in the center thereof a gate standing open
with a locomotive and the train of cars passing through the gate toward the rising sun in the
background.
18.15 POWERS AND DUTIES AS BUSINESS MANAGER. The powers and duties of
the Business Manager include, but are not limited to, the following:
1.
Supervision of City accounting and office operations, budgeting, fiscal
management and contract administration responsibilities;
2.
All other duties and responsibilities as assigned by the Council.
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CHAPTER 18
CITY CLERK
°°°°°°°°°°
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CHAPTER 19
CITY TREASURER
19.01 Appointment
19.02 Compensation
19.03 Duties of Treasurer
19.04 Boards and Commissions
19.01 APPOINTMENT. The City Clerk is the Treasurer and performs all functions
required of the position of Treasurer.
19.02 COMPENSATION. The Clerk receives no additional compensation for performing
the duties of the Treasurer.
19.03 DUTIES OF TREASURER. The duties of the Treasurer are as follows:
1.
Custody of Funds. Be responsible for the safe custody of all funds of the City
in the manner provided by law, and Council direction.
2.
Record of Fund. Keep the record of each fund separate.
3.
Record Receipts. Keep an accurate record of all money or securities received
by the Treasurer on behalf of the City and specify the date, from whom, and for what
purpose received.
4.
Record Disbursements. Keep an accurate account of all disbursements,
money or property, specifying date, to whom, and from what fund paid.
5.
Special Assessments. Keep a separate account of all money received by the
Treasurer from special assessments.
6.
Deposit Funds. Upon receipt of moneys to be held in the Treasurer’s custody
and belonging to the City, deposit the same in depositories selected by the Council.
7.
Reconciliation. Reconcile depository statements with the Treasurer’s books
and certify monthly to the Council the balance of cash and investments of each fund
and amounts received and disbursed.
8.
Debt Service. Keep a register of all bonds outstanding and record all
payments of interest and principal.
9.
Other Duties. Perform such other duties as specified by the Council by
resolution or ordinance.
19.04 BOARDS AND COMMISSIONS. The City Treasurer is the Treasurer for City
boards, except the Hospital Board, and pays out all money under control of the respective
boards on orders signed by the respective chairs and secretaries of such boards, but receives
no additional compensation for such services.
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CHAPTER 19
CITY TREASURER
°°°°°°°°°°
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CHAPTER 20
CITY ATTORNEY
20.01
20.02
20.03
20.04
Appointment and Compensation
Attorney for City
Power of Attorney
Ordinance Preparation
20.05
20.06
20.07
20.08
Review and Comment
Provide Legal Opinion
Attendance at Council Meetings
Prepare Documents
20.01 APPOINTMENT AND COMPENSATION. The Council shall appoint by majority
vote a City Attorney to serve at the direction of the Council. The City Attorney shall receive
such compensation as established by resolution of the Council.
20.02 ATTORNEY FOR CITY. The City Attorney shall act as attorney for the City in all
matters affecting the City’s interest and appear on behalf of the City before any court,
tribunal, commission or board. The City Attorney shall prosecute or defend all actions and
proceedings when so requested by the Mayor or Council.
20.03 POWER OF ATTORNEY. The City Attorney shall sign the name of the City to all
appeal bonds and to all other bonds or papers of any kind that may be essential to the
prosecution of any cause in court, and when so signed the City shall be bound upon the same.
20.04 ORDINANCE PREPARATION. The City Attorney shall prepare those ordinances
which the Council may desire and direct to be prepared and report to the Council upon all
such ordinances before their final passage by the Council and publication.
20.05 REVIEW AND COMMENT. The City Attorney shall, upon request, make a report
to the Council giving an opinion on all contracts, documents, resolutions, or ordinances
submitted to or coming under the City Attorney’s notice.
20.06 PROVIDE LEGAL OPINION. The City Attorney shall give advice or a written
legal opinion on City contracts and all questions of law relating to City matters submitted by
the Mayor, Council, City Administrator or City Clerk.
20.07 ATTENDANCE AT COUNCIL MEETINGS. The City Attorney shall attend
meetings of the Council at the request of the Mayor or Council.
20.08 PREPARE DOCUMENTS. The City Attorney shall, upon request, formulate drafts
for contracts, forms and other writings which may be required for the use of the City.
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CHAPTER 20
CITY ATTORNEY
°°°°°°°°°°
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CHAPTER 21
CITY ADMINISTRATOR
21.01 Office Created
21.02 Appointment and Term
21.03 Compensation
21.04 Duties
21.05 Powers
21.06 Powers and Duties as Operations Manager
21.01 OFFICE CREATED. There is hereby created the office of City Administrator for
the City, also known as and may be herein referred to as Operations Manager, City Engineer,
or Public Works Director.
21.02 APPOINTMENT AND TERM. The City Administrator is appointed by a majority
vote of the Council, and shall serve at the direction of the Council, and shall be subject to
removal by majority vote of the Council, subject to terms of such officer’s contract with the
City.
21.03 COMPENSATION. The City Administrator shall receive such annual salary as the
Council shall from time to time determine, and payment shall be made monthly from the
treasury of the City, in the manner provided for paying other officers and employees.
21.04 DUTIES. The duties of the City Administrator are as follows:
1.
To supervise enforcement and execution of the City laws.
2.
To attend all meetings of the Council and other City commissions and boards
unless excused by the Mayor.
3.
To recommend to the Council such measures as may be deemed necessary or
expedient for the good government and welfare of the City.
4.
To have the general supervision and direction of the administration of the
City government.
5.
To supervise and direct the official conduct of all officers of the City whom
the City Administrator has power to appoint and to take active control of all City
departments.
6.
To supervise the performance of all contracts for work to be done for the
City, make all purchases of material and supplies and see that such material and
supplies are received and are of the quality and character called for by the contract.
7.
To supervise the construction, improvement, repair, maintenance and
management of all City property, capital improvements and undertakings of the City,
including the making and preservation of all surveys, maps, plans, drawings,
specifications and estimates for capital improvements, except property,
improvements, and undertakings managed by a utility board of trustees.
8.
To perform other duties, not inconsistent herewith, as may be prescribed by
the Council.
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CHAPTER 21
CITY ADMINISTRATOR
21.05 POWERS. The City Administrator, or any person appointed by the City
Administrator for this purpose, may summarily and without notice, investigate the affairs and
conduct of any department, agency, officer or employee under such person’s supervision.
The City Administrator shall further have the following powers:
1.
To appoint, with approval of the Council, such administrative assistants as
deemed advisable.
2.
To employ, reclassify or discharge all City employees under such officer’s
supervision, subject to the provisions of the Veterans Preference Law (Chapter 35C
of the Code of Iowa) and the Civil Service Law (Chapter 400 of the Code of Iowa).
3.
To appoint or employ persons to fill all places for which no other mode of
appointment is provided, and to have power to administer oaths of office.
4.
To have such charge and control of the police department as the Mayor may
at any time delegate in writing.
5.
To have such other powers as may be prescribed by ordinance.
21.06 POWERS AND DUTIES AS OPERATIONS MANAGER. The powers and duties
of the Operations Manager include but are not limited to the following:
1.
Administration and supervision of water, waste water treatment, sanitation,
code enforcement, engineering and public works operations and staff.
2.
All other duties and responsibilities as assigned by the Council.
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CHAPTER 23
LIBRARY BOARD OF TRUSTEES
23.01
23.02
23.03
23.04
23.05
Public Library
Library Trustees
Qualifications of Trustees
Organization of the Board
Powers and Duties
23.06
23.07
23.08
23.09
23.10
Contracting with Other Libraries
Annual Report
Expenditures
Nonresident Use
Disturbing Library
23.01 PUBLIC LIBRARY. There is hereby established a free public library for the City to
be known as the Le Mars Public Library.
23.02 LIBRARY TRUSTEES. The Board of Trustees of the Library, hereinafter referred
to as the Board, consists of seven (7) members. All resident Board members are to be
appointed by the Mayor with the approval of the Council.
23.03 QUALIFICATIONS OF TRUSTEES. All members of the Board shall be bona fide
citizens and residents of the City. Members shall be over the age of eighteen (18) years.
23.04 ORGANIZATION OF THE BOARD. The organization of the Board shall be as
follows:
1.
Term of Office. All appointments to the Board shall be for four (4) years,
except to fill vacancies. Each term shall commence on July first. Appointments shall
be made every two (2) years of one-third (1/3) the total number or as near as possible,
to stagger the terms. The present incumbents are confirmed in their appointments and
terms.
2.
Vacancies. The position of any Trustee shall be vacated if such member
moves permanently from the City; or if absent from six (6) consecutive regular
meetings of the Board, except in the case of sickness or temporary absence from the
City. Vacancies in the Board shall be filled in the same manner as an original
appointment except that the new Trustee shall fill out the unexpired term for which
the appointment is made.
3.
Compensation. Trustees shall receive no compensation for their services,
except for reimbursement in connection with library business.
23.05 POWERS AND DUTIES. The Board shall have and exercise the following powers
and duties:
1.
Officers. To meet and elect from its members a President, a Secretary, and
such other officers as it deems necessary. The City Treasurer shall serve as Board
Treasurer, but shall not be a member of the Board.
2.
Physical Plant. To have charge, control and supervision of the Library, its
appurtenances, fixtures and rooms containing the same.
3.
Charge of Affairs. To direct and control all affairs of the Library.
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CHAPTER 23
4.
Hiring of Personnel. To employ a librarian, and authorize the librarian to
employ such assistants and employees as may be necessary for the proper
management of the Library, and fix their compensation; provided, however, that prior
to such employment, the compensation of the librarian, assistants and employees shall
have been fixed and approved by a majority of the members of the Board voting in
favor thereof.
5.
Removal of Personnel. To remove the librarian, by a two-thirds vote of the
Board, and provide procedures for the removal of the assistants or employees for
misdemeanor, incompetence or inattention to duty, subject however, to the provisions
of Chapter 35C of the Code of Iowa.
6.
Purchases. To select, or authorize the librarian to select, and make purchases
of books, pamphlets, magazines, periodicals, papers, maps, journals, other Library
materials, furniture, fixtures, stationery and supplies for the Library within budgetary
limits set by the Board.
7.
Use by Nonresidents. To authorize the use of the Library by nonresidents
and to fix charges therefor.
8.
Rules and Regulations. To make and adopt, amend, modify or repeal rules
and regulations, not inconsistent with this Code of Ordinances and the law, for the
care, use, government and management of the Library and the business of the Board,
fixing and enforcing penalties for violations.
9.
Expenditures. To have exclusive control of the expenditure of all funds
allocated for Library purposes by the Council, and of all moneys available by gift or
otherwise for the erection of Library buildings, and of all other moneys belonging to
the Library including fines and rentals collected under the rules of the Board.
10.
Gifts. To accept gifts of real property, personal property, or mixed property,
and devises and bequests, including trust funds; to take the title to said property in the
name of the Library; to execute deeds and bills of sale for the conveyance of said
property; and to expend the funds received by them from such gifts, for the
improvement of the Library.
11.
Record of Proceedings. To keep a record of its proceedings.
12.
Enforce the Performance of Conditions on Gifts. To enforce the performance
of conditions on gifts, donations, devises and bequests accepted by the City by action
against the Council.
(Code of Iowa, Ch. 661)
13.
County Historical Association. To have authority to make agreements with
the local County historical association where such exists, and to set apart the
necessary room and to care for such articles as may come into the possession of the
association. The Trustees are further authorized to purchase necessary receptacles
and materials for the preservation and protection of such articles as are in their
judgment of a historical and educational nature and pay for the same out of funds
allocated for Library purposes.
23.06 CONTRACTING WITH OTHER LIBRARIES. The Board has power to contract
with other libraries in accordance with the following:
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CHAPTER 23
1.
Contracting. The Board may contract with any other boards of trustees of
free public libraries, with any other city, school corporation, private or semiprivate
organization, institution of higher learning, township, or County, or with the trustees
of any County library district for the use of the Library by their respective residents.
(Code of Iowa, Sec. 392.5 & Ch. 28E)
2.
Termination. Such a contract may be terminated at any time by mutual
consent of the contracting parties. It also may be terminated by a majority vote of the
electors represented by either of the contracting parties. Such a termination
proposition shall be submitted to the electors by the governing body of a contracting
party on a written petition of not less than five percent (5%) in number of the electors
who voted for governor in the territory of the contracting party at the last general
election. The petition must be presented to the governing body not less than forty
(40) days before the election. The proposition may be submitted at any election
provided by law that is held in the territory of the party seeking to terminate the
contract.
23.07 ANNUAL REPORT. The Board shall make a report to the Council immediately
after the close of the municipal fiscal year. This report shall contain statements as to the
condition of the Library, the number of books added, the number circulated, the amount of
fines collected, and the amount of money expended in the maintenance of the Library during
the year, together with such further information as may be required by the Council.
23.08 EXPENDITURES. All money appropriated by the Council from the General Fund
for the operation and maintenance of the Library shall be set aside in an account for the
Library. Expenditures shall be paid for only on orders of the Board, signed by its President,
Secretary or three Board members. The warrant-writing officer is the Clerk.
(Code of Iowa, Sec. 384.20 & 392.5)
23.09 NONRESIDENT USE. The Board may authorize the use of the Library by
nonresidents in any one or more of the following ways:
1.
Lending. By lending the books or other materials of the Library to
nonresidents on the same terms and conditions as to residents of the City, or upon
payment of a special nonresident Library fee.
2.
Depository. By establishing depositories of Library books or other materials
to be loaned to nonresidents.
3.
Bookmobiles. By establishing bookmobiles or a traveling library so that
books or other Library materials may be loaned to nonresidents.
4.
Branch Library. By establishing branch libraries for lending books or other
Library materials to nonresidents.
23.10 DISTURBING LIBRARY. It is unlawful for any person to disturb the order and
quiet of the Library by loud talking, whispering, profane, indecent or obscene language or
conduct or by violating the rules governing conduct therein adopted by the Library Board.
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CHAPTER 23
°°°°°°°°°°
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CHAPTER 24
PLANNING AND ZONING COMMISSION
24.01 Planning and Zoning Commission
24.02 Term of Office
24.03 Vacancies
24.04 Compensation
24.01 PLANNING AND ZONING COMMISSION. There shall be appointed by the
Council a City Planning and Zoning Commission, hereinafter referred to as the Commission,
consisting of seven (7) members, who shall be residents of the City and qualified by
knowledge or experience to act in matters pertaining to the development of a City plan and
who shall not hold any elective office in the City government.
(Code of Iowa, Sec. 414.6 & 392.1)
24.02 TERM OF OFFICE. The term of office of the members of the Commission shall be
five (5) years. The terms of not more than one-third of the members will expire in any one
year.
24.03 VACANCIES. If any vacancy exists on the Commission caused by resignation, or
otherwise, a successor for the residue of the term shall be appointed in the same manner as the
original appointee.
24.04 COMPENSATION.
All members of the Commission shall serve without
compensation, except their actual expenses, which shall be subject to the approval of the
Council.
24.05 POWERS AND DUTIES. The Commission shall have and exercise the following
powers and duties:
1.
Selection of Officers. The Commission shall choose annually at its first
regular meeting one of its members to act as Chairperson and another as Vice
Chairperson, who shall perform all the duties of the Chairperson during the
Chairperson’s absence or disability.
2.
Adopt Rules and Regulations. The Commission shall adopt such rules and
regulations governing its organization and procedure as it may deem necessary.
3.
Zoning. The Commission shall have and exercise all the powers and duties
and privileges in establishing the City zoning regulations and other related matters
and may from time to time recommend to the Council amendments, supplements,
changes or modifications, all as provided by Chapter 414 of the Code of Iowa.
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CHAPTER 24
PLANNING AND ZONING COMMISSION
4.
Recommendations on Improvements. The design and proposed location of
public improvements shall be submitted to the Commission for its recommendations
prior to any actions being taken by the City for the construction or placement of such
improvements. Such requirements and recommendations shall not act as a stay upon
action for any such improvement if the Commission, after thirty (30) days’ written
notice requesting such recommendations, has failed to file the same.
5.
Review and Comment on Plats. All plans, plats, or re-plats of subdivisions or
re-subdivisions of land in the City or adjacent thereto, laid out in lots or plats with the
streets, alleys, or other portions of the same intended to be dedicated to the public in
the City, shall first be submitted to the Commission and its recommendations
obtained before approval by the Council.
6.
Fiscal Responsibilities. The Commission shall have full, complete, and
exclusive authority to expend, for and on behalf of the City, all sums of money
appropriated to it and to use and expend all gifts, donations, or payments that are
received by the City for City planning and zoning purposes.
7.
Limitation on Entering Contracts. The Commission shall have no power to
contract debts beyond the amount of its original or amended appropriation as
approved by the Council for the present year.
8.
Annual Report. The Commission shall each year make a report to the Mayor
and Council of its proceedings, with a full statement of its receipts and disbursements
and the progress of its work during the preceding fiscal year.
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CHAPTER 26
HOSPITAL ADMINISTRATIVE AGENCY
26.01
26.02
26.03
26.04
Administrative Agency Established
Title
Agency Action Through Board of Trustees
Board Membership, Election Qualification,
Compensation and Term
26.05
26.06
26.07
26.08
Powers and Duties of Board of Trustees
City Administrator
Audit; Presentation to Council
Effect; Prior Actions Approved
26.01 ADMINISTRATIVE AGENCY ESTABLISHED. A hospital administrative
agency is hereby formally established in and for the City pursuant to Section 392.1 of the
Code of Iowa and also with respect to Section 392.6 of the Code of Iowa.
26.02 TITLE. The title or name of said administrative agency shall be Floyd Valley
Hospital.
26.03 AGENCY ACTION THROUGH BOARD OF TRUSTEES. Floyd Valley
Hospital shall act through a hospital board of trustees which is also hereby formally
established.
26.04 BOARD MEMBERSHIP, ELECTION QUALIFICATION, COMPENSATION
AND TERM. The Board of Trustees of the Floyd Valley Hospital shall have five (5)
members, elected for staggered terms of four (4) years. The members of the Board shall be
not less than eighteen (18) years of age and shall be residents of the City. Said members shall
serve without compensation.
26.05 POWERS AND DUTIES OF BOARD OF TRUSTEES. The Hospital Board of
Trustees shall be vested with authority to provide for the management, control and
government of the Floyd Valley Hospital and related health care facilities owned by the City,
and shall have such other powers and duties as set forth under Chapter 392 and elsewhere in
the Code of Iowa, subject only to the following specific circumstances as to which approval
of the Council is required:
1.
The acquisition, purchase, lease, sale or other devise or conveyance of real
property interests.
2.
Exterior structural alterations or additions to City hospital or health care
buildings and facilities placed under the management, control and government of the
Hospital Board of Trustees pursuant to this chapter or otherwise, and the construction
of new hospital or health care buildings or facilities not to be located within existing
buildings under the management, control and government of the Hospital Board of
Trustees.
3.
Operations of Floyd Valley Hospital beyond the corporate limits of the City.
4.
Major expenditures involving ten percent (10%) or more of the gross annual
revenues of the Floyd Valley Hospital for the most recent preceding year of
operation.
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CHAPTER 26
HOSPITAL ADMINISTRATIVE AGENCY
5.
Changing the composition of the Hospital Board of Trustees, qualifications or
manner of election of members.
26.06 CITY ADMINISTRATOR. The City Administrator shall serve as an ex officio
member of the Hospital Board of Trustees. As such, the City Administrator shall also serve
as liaison between the Hospital Board of Trustees and the Council.
26.07 AUDIT; PRESENTATION TO COUNCIL. Annually, the Hospital Board of
Trustees shall provide for a complete and independent financial audit of Floyd Valley
Hospital. The formal report of said audit shall be presented to the Council within thirty (30)
days from the time such report is made available to the Hospital Board of Trustees.
26.08 EFFECT; PRIOR ACTIONS APPROVED. This chapter shall formalize the
establishment of Floyd Valley Hospital and its Board of Trustees which have heretofore
existed, and all actions of the said Board of Trustees prior to the effective date of this chapter
are hereby approved, the same as if taken pursuant to this chapter.
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CHAPTER 28
CIVIL SERVICE COMMISSION
28.01
28.02
28.03
28.04
28.05
Purpose
Appointment and Term
Qualifications
Human Rights Commission
Compensation
28.06
28.07
28.08
28.09
28.10
Chairperson
Clerk
Records
Rooms and Supplies
Powers and Duties
28.01 PURPOSE. The purpose of this chapter is to provide for the appointment, powers
and duties of a Civil Service Commission in accordance with the requirements of State law.
28.02 APPOINTMENT AND TERM. A Civil Service Commission consisting of three (3)
members shall be appointed by the Mayor with Council approval for staggered terms of four
(4) years.
28.03 QUALIFICATIONS. Commissioners must be citizens of Iowa, eligible electors and
residents of the City preceding their appointment. No person while on said Commission shall
hold or be a candidate for any office of public trust.
28.04 HUMAN RIGHTS COMMISSION. Notwithstanding the provisions of Section
28.03, when a human rights commission has been established, the director thereof shall ex
officio be a member, without vote, of the Civil Service Commission.
28.05 COMPENSATION.
compensation.
Civil
Service
Commissioners
shall
serve
without
28.06 CHAIRPERSON.
members.
The Commission shall elect a Chairperson from among its
28.07 CLERK. The City Clerk shall be clerk of the Commission.
28.08 RECORDS. The Civil Service Commission shall keep a record of all its meetings
and also a complete individual service record of each civil service employee which record
shall be permanent and kept up to date.
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CHAPTER 28
CIVIL SERVICE COMMISSION
28.09 ROOMS AND SUPPLIES. The Council shall provide suitable rooms in which the
Commission may hold its meetings and supply the Commission with all necessary equipment
and a qualified shorthand reporter or an electronic voice recording device to enable it to
properly perform its duties.
28.10 POWERS AND DUTIES. The Commission shall administer the civil service
procedure as contained in Chapter 400, Code of Iowa, and amendments thereto and shall
have, exercise and perform all powers and duties as provided thereby.
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HISTORIC PRESERVATION COMMISSION
29.01 Purpose and Intent
29.02 Definitions
29.03 Structure of the Commission
29.04 Powers of the Commission
29.01 PURPOSE AND INTENT. The purposes of this chapter are to:
1.
Promote the educational, cultural, economic and general welfare of the public
through the recognition, enhancement and perpetuation of sites and districts of
historical and cultural significance;
2.
Safeguard the City’s historic, aesthetic and cultural heritage by preserving
sites and districts of historic and cultural significance;
3.
Stabilize and improve property values;
4.
Foster pride in the legacy of beauty and achievements of the past;
5.
Protect and enhance the City’s attractions to tourists and visitors and the
support and stimulus to business thereby provided;
6.
Strengthen the economy of the City;
7.
Promote the use of sites and districts of historic and cultural significance as
places for the education, pleasure, and welfare of the people of the City.
29.02 DEFINITIONS. For use in this chapter, the following terms are defined:
1.
“Commission” means the Le Mars Historic Preservation Commission, as
established by this chapter.
2.
“Historic district” means an area which contains a significant portion of
buildings, structures or other improvements which, considered as a whole, possess
integrity of location, design, setting, materials, workmanship, feeling and association,
and which area as a whole:
A.
Embodies the distinctive characteristics of a type, period or method
of construction, or represents the work of a master, or possesses high artistic
values, or represents a significant and distinguishable entity whose
components may lack individual distinction; or
B.
Is associated with events that have made significant contributions to
the broad patterns of our local, state or national history; or
C.
Possesses a coherent and distinctive visual character or integrity
based upon similarity of scale, design, color, setting, workmanship, materials
or combinations thereof which is deemed to add significantly to the value and
attractiveness of properties within such area; or
D.
Is associated with the lives of persons significant in our past; or
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CHAPTER 29
E.
Has yielded, or may be likely to yield, information important in
prehistory or history.
3.
“Historic site” means an archaeological site, structure or building which:
A.
Is associated with events that have made a significant contribution to
the broad patterns of our history; or
B.
Is associated with the lives of persons significant in our past; or
C.
Embodies the distinctive characteristics of a type, period or method
of construction or represents the work of a master, or possesses high artistic
values, or represents a significant and distinguishable entity whose
components may lack individual distinction; or
D.
Has yielded, or may be likely to yield, information important in
prehistory or history.
4.
“Design guideline” means regulations based upon the current U.S. Secretary
of the Interiors Standards for Rehabilitation, intended to preserve the historic and
architectural character of an historic district.
29.03 STRUCTURE OF THE COMMISSION.
1.
The Commission shall consist of no less than five (5) members who shall be
residents of the City, and the Le Mars Main Street Manager.
2.
Members of the Commission shall be appointed by the Mayor with Council
approval. Members shall demonstrate a positive interest in historic preservation,
possessing interest or expertise in architecture, architectural history, historic
preservation, city planning, building rehabilitation, conservation in general or real
estate.
3.
The Commission members are appointed for staggered terms of three (3)
years. Members may serve for more than one term. Each member shall serve until
the appointment of a successor.
4.
Vacancies occurring in the Commission, other than expiration of term of
office, shall be filled only for the unexpired portion of the term of the member
replaced.
5.
Members shall serve without compensation.
6.
A simple majority of the Commission shall constitute a quorum for the
transaction of business.
7.
The Commission shall elect a Chairperson who shall preside over all
Commission meetings and elect a Secretary who shall be responsible for maintaining
written records of the Commission’s proceedings.
8.
The Commission shall meet at least four (4) times a year.
29.04 POWERS OF THE COMMISSION. All powers and duties of the Commission
shall be contingent upon prior Council approval, as follows:
1.
The Commission may conduct studies for the identification and designation
of historic districts and sites meeting the definitions established by this chapter. The
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Commission may proceed at its own initiative or upon a petition from any person,
group or association. The Commission shall maintain records of all studies and
inventories for public use.
2.
The Commission may make a recommendation to the State Historic
Preservation Officer for the listing of an historic district or site in the National
Register of Historic Places and may conduct a public hearing thereon.
3.
The Commission may investigate and recommend to the Council the adoption
of ordinances designating historic sites and historic districts if they qualify as defined
herein.
4.
The Commission shall further the efforts of historic preservation in the City
by making recommendations to the Council and City commissions and boards on
preservation issues when requested, thus encouraging the protection and enhancement
of structures with historical, architectural or cultural value, and by encouraging
persons and organizations to become involved in preservation activities.
5.
The Commission shall provide assistance and guidance in restoration efforts
within designated Historic Districts and Sites. The Commission shall utilize the Iowa
State Historic Preservation Office’s Standard for Rehabilitation as a design guideline.
6.
In addition to those duties and powers specified above, the Commission may,
with Council approval,
A.
Accept unconditional gifts and donations of real and personal
property, including money, for the purpose of historic preservation;
B.
Acquire, by purchase, bequest or donation, fee and lesser interests in
historic properties, including properties adjacent to or associated with historic
properties;
C.
Preserve, restore, maintain and operate historic properties under the
ownership or control of the Commission;
D.
Lease, sell and otherwise transfer or dispose of historic properties
subject to rights of public access and other covenants and in a manner that
will preserve the property;
E.
Contract with the State or Federal government or other organizations;
F.
Cooperate with Federal, State and local governments in the pursuance
of the objectives of historic preservation;
G.
Provide information for the purpose of historic preservation to the
Council; and
H.
Promote and conduct an educational and interpretive program on
historic properties within its jurisdiction.
The Commission shall obtain approval of the Council prior to taking any action allowed under
this chapter which may create an obligation of the City and which may be binding in any way
to the City. It is the express intention of this chapter that the Council shall have the final
authority on all matters of expense, revenue or legal effect created by this chapter.
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CHAPTER 35
POLICE DEPARTMENT
35.01
35.02
35.03
35.04
35.05
Department Established
Organization
Peace Officer Qualifications
Required Training
Compensation
35.06
35.07
35.08
35.09
35.10
Police Chief Appointed
Police Chief: Duties
Departmental Rules
Summoning Aid
Mutual Aid
35.01 DEPARTMENT ESTABLISHED. The police department of the City is established
to provide for the preservation of peace and enforcement of law and ordinances within the
corporate limits of the City.
35.02 ORGANIZATION. The department consists of the Police Chief and such other law
enforcement officers and personnel, whether full or part time, as may be authorized by the
Council.
35.03 PEACE OFFICER QUALIFICATIONS. In no case shall any person be selected or
appointed as a law enforcement officer unless such person meets the minimum qualification
standards established by the Iowa Law Enforcement Academy.
35.04 REQUIRED TRAINING. All peace officers shall have received the minimum
training required by law at an approved law enforcement training school within one year of
employment. Peace officers shall also meet the minimum in-service training as required by
law.
(Code of Iowa, Sec. 80B.11 [2])
(IAC, 501-3 and 501-8)
35.05 COMPENSATION. Members of the department are designated by rank and receive
such compensation as shall be determined by resolution of the Council.
35.06 POLICE CHIEF APPOINTED. The Council shall appoint and dismiss the Police
Chief.
35.07 POLICE CHIEF: DUTIES. The Police Chief has the following powers and duties
subject to the approval of the Council.
1.
General. Perform all duties required of the police chief by law or ordinance.
2.
Enforce Laws. Enforce all laws, ordinances and regulations and bring all
persons committing any offense before the proper court.
3.
Writs. Execute and return all writs and other processes directed to the Police
Chief.
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CHAPTER 35
POLICE DEPARTMENT
4.
Accident Reports. Report all motor vehicle accidents investigated to the
State Department of Transportation.
5.
Assist Officials. When requested, provide aid to other City officers, boards
and commissions in the execution of their official duties.
6.
Investigations. Provide for such investigation as may be necessary for the
prosecution of any person alleged to have violated any law or ordinance.
7.
Record of Arrests. Keep a record of all arrests made in the City by showing
whether said arrests were made under provisions of State law or City ordinance, the
offense charged, who made the arrest and the disposition of the charge.
8.
Reports. Compile and submit to the Mayor and Council an annual report as
well as such other reports as may be requested by the Mayor or Council.
9.
Command. Be in command of all officers appointed for police work and be
responsible for the care, maintenance and use of all vehicles, equipment and materials
of the department.
35.08 DEPARTMENTAL RULES. The Police Chief shall establish such rules, not in
conflict with the Code of Ordinances, and subject to the approval of the Council, as may be
necessary for the operation of the department.
35.09 SUMMONING AID. Any peace officer making a legal arrest may orally summon as
many persons as the officer reasonably finds necessary to aid the officer in making the arrest.
35.10 MUTUAL AID. Subject to approval by resolution of the Council, the department
may enter into mutual aid agreements with other legally constituted police departments.
Copies of any such agreements shall be filed with the Clerk.
(Code of Iowa, Sec. 364.4 [2 & 3])
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CHAPTER 36
FIRE-RESCUE DEPARTMENT
36.01
36.02
36.03
36.04
36.05
36.06
36.07
36.08
Establishment and Purpose
Organization
Appointment; Term of Officers
Approved by Council
Training
Compensation
Duties of Officers
Duties of Members Generally
36.09
36.10
36.11
36.12
36.13
36.14
36.15
36.16
Obedience to Fire Chief
Bylaws
Fire Service Fees
Accidental Injury Insurance
Liability Insurance
Calls Outside Fire District
Mutual Aid
Authority to Cite Violations
36.01 ESTABLISHMENT AND PURPOSE. The Fire-Rescue Department of the City, to
be known as “The Le Mars Fire-Rescue Department,” is hereby established to prevent and
extinguish fires and to protect lives and property against fires, to promote fire prevention and
fire safety, and to answer all emergency calls for which there is no other established agency.
36.02 ORGANIZATION. The Fire-Rescue Department consists of one company of not
more than thirty-five (35) regular members, and up to ten (10) reserves, who are persons of
good moral character and good, strong physical condition, and not less than eighteen (18)
years of age or more than sixty-five (65) years and three hundred sixty-four (364) days of age.
All command officers and full-time employees of the Fire-Rescue Department must be
residents of the City (or live within two miles of the City limits). Upon reaching the age of
sixty-five (65) years and three hundred sixty-four (364) days, members shall be automatically
placed upon the honorable retired roster in recognition of their faithful service and may attend
meetings and proceedings of said organization, but shall not take an active part in answering
calls or fighting fires. Vacancies in the company, from whatever cause, shall be filled by
persons who can satisfactorily pass the entry qualifications and other job requirements.
36.03 APPOINTMENT; TERM OF OFFICERS. The Council shall appoint a Fire Chief
to serve at the pleasure of the Council. The Fire Chief and City Administrator shall appoint
the Assistant Fire Chief to serve at their pleasure. The Fire Chief shall appoint, from the
members of the Fire-Rescue Department, Captain(s), Lieutenant(s), a Secretary, and a
Treasurer, every even-numbered year, by the first Tuesday of February. These officers shall
hold office commencing April 1 of the year the appointment is made. All appointed will
continue until their successors are appointed by the Fire Chief and qualified for said office.
The Fire Chief may remove any person from their officer duties (including the Assistant Fire
Chief).
36.04 APPROVED BY COUNCIL. The Council may at any time remove any person from
membership in the Fire-Rescue Department or any officer thereof from such official position.
36.05 TRAINING. All members of the department shall meet the minimum training
standards established by the State Fire Marshal and attend and actively participate in regular
or special training drills or programs as directed by the Fire Chief.
(Code of Iowa, Sec. 100B.2[4])
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CHAPTER 36
36.06 COMPENSATION. Members of the department shall be designated by rank and
receive such compensation as shall be determined by resolution of the Council.
36.07 DUTIES OF OFFICERS.
1.
Chief. During the time of a fire, the Chief shall be in command of the
department and shall direct the efforts of the individual members of the department in
the use of all apparatus and equipment in such manner as shall seem to such officer
most efficient. The Chief shall also be responsible for holding training sessions as
needed, for the supervision and control over the department’s apparatus and
equipment, and for reporting to the Council, as frequently as deemed necessary by the
Council, all matters pertaining to the department or its activities.
2.
Assistant Chief. The Assistant Chief shall assist the Chief, and in all matters
connected with the department, obey the Chief’s orders, and in the absence of the
Chief shall be vested with all powers and shall perform all duties of the Chief. The
Assistant Chief’s first responsibility is to the Le Mars Fire-Rescue Department. The
Assistant Chief’s second responsibility is to act as the Emergency Management
Coordinator for the City under the Fire Chief.
3.
Captain(s). It is the duty of the Captain(s) to report to the Chief or Assistant
Chief at fires or drills and assist them in their duties. In the absence of the Chief and
Assistant Chief, the Captain(s) shall assume the duties of the Chief. The Captain(s)
also act as department librarian, and will be responsible for all manuals, books and
training materials belonging to the department as directed or required by the Chief.
Captains shall assist the Chief with other duties as assigned.
4.
Lieutenant(s). It is the duty of the Lieutenant(s) to report to the Chief,
Assistant Chief or Captains at all fires and drills and assist them in their duties. In the
absence of the Chief, Assistant Chief or Captains, the Lieutenants shall assume the
duties of Chief. Lieutenant(s) shall assist the Chief with other duties as assigned.
5.
Secretary. The Secretary shall keep a true and accurate account of the
proceedings of every meeting of the Fire-Rescue Department in a book provided by
the Fire-Rescue Department for that purpose, and said book shall be a public
document available for inspection. The Secretary shall also assist in the examination
and auditing of all books and accounts belonging to the Fire-Rescue Department.
This position may be an officer position in the command staff or filled by a current
officer.
6.
Treasurer. It is the duty of the Treasurer to keep a book containing a correct
accounting of all donated moneys received and expended by the Fire-Rescue
Department and the Treasurer shall pay the bills of the Fire-Rescue Department as
have been approved by the Fire-Rescue Department, or its finance committee. In
addition, the Treasurer shall assist the Chief in the preparation of the annual report of
the Fire-Rescue Department. The Treasurer may be assigned other duties by the
Chief and/or this position may be a position in the command staff or filled by a
current officer.
36.08 DUTIES OF MEMBERS GENERALLY. It is the duty of all members of the
company to immediately answer all alarms of fire and rescue and shall further their best
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CHAPTER 36
efforts of extinguishing fires under order and direction of the Chief, the Assistant Chief,
Captain or Lieutenants.
36.09 OBEDIENCE TO FIRE CHIEF. No person shall willfully fail or refuse to comply
with any lawful order or direction of the Fire Chief.
36.10 BYLAWS. The department may adopt such bylaws as it may desire which are not in
conflict with any provisions of law and subject to the approval of the Council.
36.11 FIRE SERVICE FEES. The Council shall annually set fees by resolution for fire
protection services provided to citizens of the City and surrounding townships. Said fees
shall be based upon such factors and in such amounts as recommended by the Fire Chief.
36.12 ACCIDENTAL INJURY INSURANCE. The Council shall contract to insure the
City against liability for worker’s compensation and against statutory liability for the costs of
hospitalization, nursing, and medical attention for volunteer fire fighters injured in the
performance of their duties as fire fighters whether within or outside the corporate limits of
the City. All volunteer fire fighters shall be covered by the contract.
(Code of Iowa, Sec. 85.2, 85.61 and Sec. 410.18)
36.13 LIABILITY INSURANCE. The Council shall contract to insure against liability of
the City or members of the department for injuries, death or property damage arising out of
and resulting from the performance of departmental duties within or outside the corporate
limits of the City.
(Code of Iowa, Sec. 670.2 & 517A.1)
36.14 CALLS OUTSIDE FIRE DISTRICT. The department shall answer calls to fires
and other emergencies outside the Fire District if the Fire Chief determines that such
emergency exists and that such action will not endanger persons and property within the Fire
District.
(Code of Iowa, Sec. 364.4 [2 & 3])
36.15 MUTUAL AID. Subject to approval by resolution of the Council, the department
may enter into mutual aid agreements with other legally constituted fire departments. Copies
of any such agreements shall be filed with the Clerk.
(Code of Iowa, Sec. 364.4 [2 & 3])
36.16 AUTHORITY TO CITE VIOLATIONS. Fire officials acting under the authority
of Chapter 100 of the Code of Iowa may issue citations in accordance to Chapter 805 of the
Code of Iowa, for violations of state and/or local fire safety regulations.
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CHAPTER 36
°°°°°°°°°°
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CHAPTER 37
AMBULANCE SERVICE
37.01
37.02
37.03
37.04
Ambulance Service Established
Composition
Directors; Officers
Compensation of Officers and Members
37.05 Removal of Officers and Members
37.06 Bylaws
37.07 Statutory Privileges of Members
37.01 AMBULANCE SERVICE ESTABLISHED. There is hereby established an
ambulance service for the City, for the purpose of providing emergency medical services and
other related services to City residents on a 24-hour per day basis, said ambulance service to
be known as the Le Mars Ambulance Service.
37.02 COMPOSITION. The Ambulance Service shall consist of qualified ambulance
personnel, in such numbers as may from time to time be determined by the bylaws.
37.03 DIRECTORS; OFFICERS. The Ambulance Service shall be supervised by a
Director, who shall be a member of the Service and appointed by the Council to serve at the
pleasure of the Council. The Director shall appoint from the members of the Service two
officers, one a compliance officer who shall be directly responsible for compliance matters,
and one a training officer who shall be directly responsible for training matters. Both officers
shall assist the Director and be directly responsible to the Director. The Director, the officers,
and all members of the Service shall meet all qualifications set out in the Service bylaws, the
Iowa Administrative Code, the Code of Iowa, and industry standards.
37.04 COMPENSATION OF OFFICERS AND MEMBERS. The compensation of the
officers and members of the Ambulance Service shall be as determined and provided by the
Council.
37.05 REMOVAL OF OFFICERS AND MEMBERS. The Council may at any time
remove any person from membership in the Ambulance Service or any officer thereof from
such position.
37.06 BYLAWS. The Director of the Ambulance Service shall be responsible for drafting
bylaws which are not in conflict with any provision of law, subject to the prior approval of the
City Administrator. Said bylaws shall contain at a minimum the following:
1.
Qualifications for membership and number of members.
2.
Duties and responsibilities of officers and members.
3.
care.
Composition of duty shifts to ensure compliance with the Service’s level of
37.07 STATUTORY PRIVILEGES OF MEMBERS. The members of the Ambulance
Service shall be entitled to all privileges and exemptions provided for members of ambulance
services by law.
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CHAPTER 37
AMBULANCE SERVICE
°°°°°°°°°°
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CHAPTER 38
HAZARDOUS SUBSTANCE SPILLS
38.01
38.02
38.03
38.04
Purpose
Definitions
Cleanup Required
Liability for Cleanup Costs
38.05
38.06
38.07
38.08
Notifications
Police Authority
Liability
38.01 PURPOSE. In order to reduce the danger to the public health, safety and welfare
from the leaks and spills of hazardous substances, these regulations are promulgated to
establish responsibility for the treatment, removal and cleanup of hazardous substance spills
within the City limits.
38.02 DEFINITIONS. For purposes of this chapter the following terms are defined:
1.
“Cleanup” means actions necessary to contain, collect, control, identify,
analyze, clean up, treat, disperse, remove or dispose of a hazardous substance.
2.
“Hazardous condition” means any situation involving the actual, imminent or
probable spillage, leakage, or release of a hazardous substance onto the land, into a
water of the State or into the atmosphere which creates an immediate or potential
danger to the public health or safety or to the environment.
3.
“Hazardous substance” means any substance or mixture of substances that
presents a danger to the public health or safety and includes, but is not limited to, a
substance that is toxic, corrosive, or flammable, or that is an irritant or that generates
pressure through decomposition, heat, or other means. “Hazardous substance” may
include any hazardous waste identified or listed by the administrator of the United
States Environmental Protection Agency under the Solid Waste Disposal Act as
amended by the Resource Conservation and Recovery Act of 1976, or any toxic
pollutant listed under section 307 of the Federal Water Pollution Control Act as
amended to January 1, 1977, or any hazardous substance designated under Section
311 of the Federal Water Pollution Control Act as amended to January 1, 1977, or
any hazardous material designated by the Secretary of Transportation under the
Hazardous Materials Transportation Act.
4.
“Responsible person” means a person who at any time produces, handles,
stores, uses, transports, refines, or disposes of a hazardous substance, the release of
which creates a hazardous condition, including bailees, carriers, and any other person
in control of a hazardous substance when a hazardous condition occurs, whether the
person owns the hazardous substance or is operating under a lease, contract, or other
agreement with the legal owner of the hazardous substance.
38.03 CLEANUP REQUIRED. Whenever a hazardous condition is created by the deposit,
injection, dumping, spilling, leaking or placing of a hazardous substance, so that the
hazardous substance or a constituent of the hazardous substance may enter the environment or
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CHAPTER 38
be emitted into the air or discharged into any waters, including ground waters, the responsible
person shall cause the condition to be remedied by a cleanup, as defined in the preceding
section, as rapidly as feasible to an acceptable, safe condition. The costs of cleanup shall be
borne by the responsible person. If the responsible person does not cause the cleanup to begin
in a reasonable time in relation to the hazard and circumstances of the incident, the City may,
by an authorized officer, give reasonable notice, based on the character of the hazardous
condition, said notice setting a deadline for accomplishing the cleanup and stating that the
City will proceed to procure cleanup services and bill the responsible person for all costs
associated with the cleanup if the cleanup is not accomplished within the deadline. In the
event that it is determined that immediate cleanup is necessary as a result of the present
danger to the public health, safety and welfare, then no notice shall be required and the City
may proceed to procure the cleanup and bill the responsible person for all costs associated
with the cleanup. If the bill for those services is not paid within thirty (30) days, the City
Attorney shall proceed to obtain payment by all legal means. If the cost of the cleanup is
beyond the capacity of the City to finance it, the authorized officer shall report to the Council
and immediately seek any State or Federal funds available for said cleanup.
38.04 LIABILITY FOR CLEANUP COSTS. The responsible person shall be strictly
liable to the City for all of the following:
1.
The reasonable cleanup costs incurred by the City or the agents of the City as
a result of the failure of the responsible person to clean up a hazardous substance
involved in a hazardous condition.
2.
The reasonable costs incurred by the City or the agents of the City to
evacuate people from the area threatened by a hazardous condition caused by the
person.
3.
The reasonable damages to the City for the injury to, destruction of, or loss of
City property, including parks and roads, resulting from a hazardous condition caused
by that person, including the costs of assessing the injury, destruction or loss.
4.
The excessive and extraordinary cost incurred by the City or the agents of the
City in responding at and to the scene of a hazardous condition caused by that person.
38.05 NOTIFICATIONS.
1.
A person manufacturing, storing, handling, transporting, or disposing of a
hazardous substance shall notify the State Department of Natural Resources and the
Fire/Police Department of the occurrence of a hazardous condition as soon as
possible but not later than six (6) hours after the onset of the hazardous condition or
discovery of the hazardous condition. The Fire Department shall immediately notify
the Department of Natural Resources.
2.
Any other person who discovers a hazardous condition shall notify the
Fire/Police Department, which shall then notify the Department of Natural Resources.
38.06 POLICE AUTHORITY. If the circumstances reasonably so require, the law
enforcement officer or an authorized representative may:
1.
Evacuate persons from their homes to areas away from the site of a hazardous
condition, and
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CHAPTER 38
2.
Establish perimeters or other boundaries at or near the site of a hazardous
condition and limit access to cleanup personnel.
No person shall disobey an order of any law enforcement officer issued under this section.
38.07 LIABILITY. The City shall not be liable to any person for claims of damages,
injuries, or losses resulting from any hazardous condition, unless the City is the responsible
person as defined in Section 38.02[4].
Code of Iowa, for violations of State and/or local fire safety regulations.
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CHAPTER 38
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CHAPTER 45
PUBLIC HEALTH AND SAFETY
45.01 Barbed Wire and Electric Fences
45.02 Discharging Weapons
45.03 Urinating and Defecating
45.04 Noise Limits
45.01 BARBED WIRE AND ELECTRIC FENCES. It is unlawful for a person to use
barbed wire or electric fences to enclose land within the City limits without the written
consent of the Council unless such land consists of ten (10) acres or more and is used as
agricultural land.
45.02 DISCHARGING WEAPONS.
1.
It is unlawful for a person to discharge rifles, shotguns, revolvers, pistols,
guns, or other firearms of any kind within the City limits except by written consent of
the Council.
2.
No person shall intentionally discharge a firearm in a reckless manner.
45.03 URINATING AND DEFECATING. It is unlawful for any person to urinate or
defecate onto any sidewalk, street, alley, or other public way, or onto any public or private
building, including but not limited to the sink, wall, floor, hallway, steps, stairway, doorway
or window thereof, or onto any public or private land.
45.04 NOISE LIMITS. It is unlawful for any person to create, cause, permit, produce or
play in a public place or on any public street, highway, alley or any parking lot a stereo, tape
player, compact disc player, radio or any other sound amplification device which can be heard
a distance of one hundred (100) feet or more from the source. The provisions of this section
may be enforced following personal observation/hearing of any police officer or upon receipt
of a complaint made or filed with the Police Department by the person disturbed by such
noise. The Police Chief may grant a temporary variance to this section to facilitate special
events. The Police Chief is specifically authorized to revoke a variance if the applicant fails
to meet any of the limitations placed upon the variance and/or if other circumstances occur
subsequent to the granting of the variance requiring revocation.
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CHAPTER 45
PUBLIC HEALTH AND SAFETY
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CHAPTER 46
PARK REGULATIONS
46.01
46.02
46.03
46.04
Purpose
Use of Drives Required
Fires
Littering
46.05 Parks Closed
46.06 Camping
46.07 Posted Signs
46.01 PURPOSE. The purpose of this chapter is to facilitate the enjoyment of park
facilities by the general public by establishing rules and regulations governing the use of park
facilities.
46.02 USE OF DRIVES REQUIRED. No person shall drive any car, cycle or other
vehicle, or ride or lead any horse, in any portion of a park except upon the established drives
or roadways therein or such other places as may be officially designated by the City.
46.03 FIRES. No fires shall be built, except in a place provided therefor, and such fire
shall be extinguished before leaving the area unless it is to be immediately used by some other
party.
46.04 LITTERING. No person shall place, deposit, or throw any waste, refuse, litter or
foreign substance in any area or receptacle except those provided for that purpose.
46.05 PARKS CLOSED. No person, except those camping in designated areas or those
who have rented the shelter house, shall enter or remain within any park between the hours of
10:00 p.m. to 6:00 a.m.
46.06 CAMPING. No person shall camp in any portion of a park except in the designated
City Campgrounds at the Municipal Park, and the City may refuse camping privileges or
rescind any and all camping privileges for cause.
46.07 POSTED SIGNS. All posted signage in City parks, and as approved by the Parks
and Recreation Committee, shall be enforced. A violation of this section shall constitute a
simple misdemeanor.
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CHAPTER 46
PARK REGULATIONS
°°°°°°°°°°
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CHAPTER 47
DRUG PARAPHERNALIA
47.01 Purpose
47.02 Controlled Substance Defined
47.03 Drug Paraphernalia Defined
47.04 Determining Factors
47.05 Possession of Drug Paraphernalia
47.06 Manufacture, Delivery or Offering For Sale
47.01 PURPOSE. The purpose of this chapter is to prohibit the use, possession with intent
to use, manufacture and delivery of drug paraphernalia as defined herein.
47.02 CONTROLLED SUBSTANCE DEFINED. The term “controlled substance” as
used in this chapter is defined as the term “controlled substance” is defined in the Uniform
Controlled Substance Act, Chapter 124 of the Code of Iowa, as it now exists or is hereafter
amended.
47.03 DRUG PARAPHERNALIA DEFINED. The term “drug paraphernalia” as used in
this chapter means all equipment, products and materials of any kind which are used, intended
for use, or designed for use, in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, concealing, containing, injecting, ingesting,
inhaling, or otherwise introducing into the human body a controlled substance in violation of
the Uniform Controlled Substances Act, Chapter 124 of the Code of Iowa. It includes, but is
not limited to:
1.
Growing Kits. Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of plant which is a
controlled substance or from which a controlled substance can be derived.
2.
Processing Kits. Kits used, intended for use, or designed for use in
manufacturing, compounding, converting, producing, processing, or preparing
controlled substances.
3.
Isomerization Devices. Isomerization devices used, intended for use, or
designed for use in increasing the potency of any species of plant which is a
controlled substance.
4.
Testing Equipment. Testing equipment used, intended for use, or designed
for use in identifying or in analyzing the strength, effectiveness or purity of controlled
substances.
5.
Scales. Scales and balances used, intended for use, or designed for use in
weighing or measuring controlled substances.
6.
Diluents. Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose or lactose, used, intended for use, or designed for use in cutting
controlled substances.
7.
Separators - Sifters. Separation gins and sifters used, intended for use, or
designed for use in removing twigs and seeds from, or in otherwise cleaning or
refining marijuana.
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DRUG PARAPHERNALIA
8.
Mixing Devices. Blenders, bowls, containers, spoons and mixing devices
used, intended for use, or designed for use in compounding controlled substances.
9.
Containers. Capsules, balloons, envelopes and other containers used,
intended for use, or designed for use in packaging small quantities of controlled
substances.
10.
Storage Containers. Containers and other objects used, intended for use, or
designed for use in storing or concealing controlled substances.
11.
Injecting Devices. Hypodermic syringes, needles and other objects used,
intended for use, or designed for use in parenterally injecting controlled substances
into the human body.
12.
Ingesting-Inhaling Device. Objects used, intended for use, or designed for
use in ingesting, inhaling, or otherwise introducing heroin, marijuana, cocaine,
hashish, or hashish oil into the human body, such as:
A.
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or
without screens, permanent screens, hashish heads, or punctured metal bowls;
B.
Water pipes;
C.
Carburetion tubes and devices;
D.
Smoking and carburetion masks;
E.
Roach clips, meaning objects used to hold burning materials, such as
a marijuana cigarette that has become too small or too short to be held in the
hand;
F.
Miniature cocaine spoons and cocaine vials;
G.
Chamber pipes;
H.
Carburetor pipes;
I.
Electric pipes;
J.
Air driven pipes;
K.
Chillums;
L.
Bongs;
M.
Ice pipes or chillers.
47.04 DETERMINING FACTORS.
In determining whether an object is drug
paraphernalia for the purpose of enforcing this chapter, the following factors should be
considered in addition to all other logically relevant factors:
1.
Statements. Statements by an owner or by anyone in control of the object
concerning its use.
2.
Prior Convictions. Prior convictions, if any, of an owner, or of anyone in
control of the object under any State or federal law relating to any controlled
substance.
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DRUG PARAPHERNALIA
3.
Proximity To Violation. The proximity of the object, in time and space, to a
direct violation of the Uniform Controlled Substance Act, Chapter 124 of the Code of
Iowa.
4.
Proximity To Substances.
substances.
5.
The proximity of the object to controlled
Residue. The existence of any residue of controlled substances on the object.
6.
Evidence of Intent. Direct or circumstantial evidence of the intent of an
owner or of anyone in control of the object, to deliver it to persons who, he or she
knows or should reasonably know, intend to use the object to facilitate a violation of
the Uniform Controlled Substances Act, Chapter 124 of the Code of Iowa.
7.
Innocence of an Owner. The innocence of an owner, or of anyone in control
of the object, as to a direct violation of the Uniform Controlled Substances Act,
Chapter 124 of the Code of Iowa, should not prevent a finding that the object is
intended for use, or designed for use as drug paraphernalia.
8.
Instructions.
concerning its use.
Instructions, oral or written, provided with the object
9.
Descriptive Materials. Descriptive materials accompanying the object which
explain or depict its use.
10.
Advertising. National and local advertising concerning its use.
11.
Displayed. The manner in which the object is displayed for sale.
12.
Licensed Distributor or Dealer. Whether the owner, or anyone in control of
the object, is a legitimate supplier of like or related items to the community, such as a
licensed distributor or dealer of tobacco products.
13.
Sales Ratios. Direct or circumstantial evidence of the ratio of sales of the
object(s) to the total sales of the business enterprise.
14.
Legitimate Uses. The existence and scope of legitimate uses for the object in
the community.
15.
Expert Testimony. Expert testimony concerning its use.
47.05 POSSESSION OF DRUG PARAPHERNALIA. It is unlawful for any person to
use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human
body a controlled substance in violation of the Uniform Controlled Substance Act, Chapter
124 of the Code of Iowa.
47.06 MANUFACTURE, DELIVERY OR OFFERING FOR SALE. It is unlawful for
any person to deliver, possess with intent to deliver, manufacture with intent to deliver, or
offer for sale drug paraphernalia, intending that the drug paraphernalia will be used, or
knowing, or under circumstances where one reasonably should know that it will be used, or
knowing that it is designed for use to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled
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CHAPTER 47
DRUG PARAPHERNALIA
substance in violation of the Uniform Controlled Substances Act, Chapter 124 of the Code of
Iowa.
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CHAPTER 50
NUISANCE ABATEMENT PROCEDURE
50.01
50.02
50.03
50.04
Definition of Nuisance
Nuisances Enumerated
Other Conditions
Nuisances Prohibited
50.05
50.06
50.07
50.08
Nuisance Abatement
Abatement of Nuisance by Written Notice
Municipal Infraction Abatement Procedure
50.01 DEFINITION OF NUISANCE. Whatever is injurious to health, indecent, or
unreasonably offensive to the senses, or an obstruction to the free use of property so as
essentially to interfere unreasonably with the comfortable enjoyment of life or property is a
nuisance.
50.02 NUISANCES ENUMERATED. The following subsections include, but do not
limit, the conditions which are deemed to be nuisances in the City:
1.
Offensive Smells. Erecting, continuing or using any building or other place
for the exercise of any trade, employment or manufacture, which, by occasioning
noxious exhalations, unreasonably offensive smells, or other annoyances, becomes
injurious and dangerous to the health, comfort or property of individuals or the
public.
2.
Filth or Noisome Substance. Causing or suffering any offal, filth, or noisome
substance to be collected or to remain in any place to the prejudice of others.
3.
Impeding Passage of Navigable River. Obstructing or impeding without legal
authority the passage of any navigable river, harbor, or collection of water.
4.
Water Pollution. Corrupting or rendering unwholesome or impure the water
of any river, stream, or pond, or unlawfully diverting the same from its natural course
or state, to the injury or prejudice of others.
5.
Blocking Public and Private Ways. Obstructing or encumbering, by fences,
buildings or otherwise, the public roads, private ways, streets, alleys, commons,
landing places, or burying grounds.
6.
Billboards. Billboards, signboards and advertising signs, whether erected and
constructed on public or private property, which so obstruct and impair the view of
any portion or part of a public street, avenue, highway, boulevard or alley or of a
railroad or street railway track as to render dangerous the use thereof. (See also
Section 62.06.)
7.
Storing of Flammable Junk. Depositing or storing of flammable junk, such as
old rags, rope, cordage, rubber, bones and paper, by dealers in such articles within the
fire limits of the City, unless in a building of fireproof construction. (See also
Chapter 51.)
8.
Air Pollution. Emission of dense smoke, noxious fumes, or fly ash.
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9.
Weeds, Brush. Dense growth of all weeds, vines, brush, or other vegetation
in the City so as to constitute a health, safety, or fire hazard. It shall be presumed that
a health, safety, or fire hazard exists when growth on any portion of a lot or parcel is
in excess of eight (8) inches in height.
10.
Dutch Elm Disease.
Chapter 151.)
Trees infected with Dutch elm disease.
(See also
11.
Airport Air Space. Any object or structure hereafter erected within one
thousand (1,000) feet of the limits of any municipal or regularly established airport or
landing place, which may endanger or obstruct aerial navigation including take-off
and landing, unless such object or structure constitutes a proper use or enjoyment of
the land on which the same is located.
12.
Disorderly Houses and Premises. It is unlawful for any person to permit
prostitution and lewdness, gambling houses, places resorted to by persons
participating in criminal gang activity, drunkenness, quarreling, fighting, profane,
indecent or obscene language or conduct or loud, disagreeable noises to the
disturbance of the neighborhood or general public upon any premises owned by or in
possession of such person.
13.
Diseased Animals. All diseased animals running at large or maintained in the
City limits. (See also Chapter 55.)
14.
Animal Carcasses. Carcasses of animals not disposed of within 24 hours
after death as provided by law.
15.
Private Dump. Accumulation of refuse or the maintenance of a private dump
in violation of City ordinances. (See also Section 105.08.)
16.
Pollution by Sewage or Industrial Wastes. The pollution of any public well
or cistern, stream, lake, canal or body of water by sewage, chemicals, creamery or
industrial wastes or other substances. (See also Chapters 97 and 100.)
17.
Snow and Ice on Sidewalks. All snow and ice not removed from public
sidewalks forty-eight hours after the snow and ice has ceased being deposited
thereon. (See also Section 136.03.)
18.
Obstructions at Intersections. All trees, hedges, billboards, or other
obstructions which prevent persons from having a clear view of traffic approaching
an intersection from cross streets in sufficient time to bring a motor vehicle driven at
a reasonable speed to a full stop before the intersection is reached. (See also Section
62.06.)
19.
Trees or Shrubbery Impeding Traffic or Use of Fire Hydrant. All trees and
shrubbery permitted to grow into the public right-of-way in such a manner that they
impede or are hazardous to vehicular or pedestrian traffic or interfere with use of a
fire hydrant.
20.
Dangerous Buildings. All buildings, walls and other structures which are
structurally unsafe, constitute a fire hazard or are otherwise dangerous to human life,
constituting a hazard to self-safety, health or public welfare by reason of inadequate
maintenance, dilapidation, obsolescence, fire hazard or abandonment; however, repair
to, modification of, or demolition of unsafe or dangerous buildings or structures shall
be made pursuant to the procedures set out in Chapter 145.
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21.
Dangerous Substances.
All explosives, flammable liquids and other
dangerous substances stored in any manner or in any amount other than that provided
by Fire Code.
22.
Fireworks. All use or display of fireworks except as provided by Fire Code.
23.
Excavations and Obstructions. Obstructions and excavations affecting the
ordinary use by the public of streets, alleys, sidewalks or public grounds except under
such conditions as are permitted by the Council. (See also Section 135.09.)
24.
Junk Yards. All junk yard operations. (See also Chapter 123.)
25.
Abandoned Vehicles. All abandoned vehicles which are not currently
licensed, operable, and moveable without third party assistance. (See also Chapter
80.)
26.
Snow and Ice on City Right-of-Way. Placing snow and ice on City ROW,
roadways or thoroughfares following removal unless the ROW is immediately
adjacent to the landowner. (See also Section 135.13.)
27.
Maintenance of Parking or Terrace. Failure to maintain parking or terrace.
(See also Section 135.11.)
50.03 OTHER CONDITIONS. The following chapters of this Code of Ordinances
contain regulations prohibiting or restricting other conditions which are deemed to be
nuisances:
1.
Junk and Junk Vehicles (See Chapter 51)
2.
Dangerous and Dilapidated Structures (See Chapter 145)
3.
Drug Paraphernalia (See Chapter 47)
4.
Storage and Disposal of Solid Waste (See Chapter 105)
5.
Trees, Shrubs and Other Plants (See Chapter 151)
6.
Building and Construction Regulations (See Chapter 155)
50.04 NUISANCES PROHIBITED. The creation or maintenance of a nuisance is
prohibited, and a nuisance, public or private, may be abated in the manner provided for in this
chapter or State law.
50.05 NUISANCE ABATEMENT. Whenever any authorized municipal officer finds that
a nuisance exists, such officer has the authority to determine on a case-by-case basis whether
to utilize the nuisance abatement procedure described in Section 50.06 of this chapter or the
municipal infraction procedure referred to in Section 50.07.
50.06 ABATEMENT OF NUISANCE BY WRITTEN NOTICE. Any nuisance, public
or private, may be abated in the manner provided for in this section:
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CHAPTER 50
1.
Contents of Notice. The notice to abate shall contain: †
A.
Description of Nuisance.
nuisance.
B.
A description of what constitutes the
Location of Nuisance. The location of the nuisance.
C.
Acts Necessary to Abate. A statement of the act or acts necessary to
abate the nuisance.
D.
Reasonable Time. A reasonable time within which to complete the
abatement.
E.
Assessment of City Costs and Fines. A statement that if the nuisance
or condition is not abated as directed and no request for hearing is made
within the time prescribed, the City may abate it and assess the costs (and/or
implement fines set by the Council) against such person.
2.
Method of Service. The notice may be in the form of an ordinance or sent by
certified mail to the property owner.
3.
Request for Hearing. Any person ordered to abate a nuisance may have a
hearing with the Council as to whether a nuisance exists. A request for a hearing
must be made in writing and delivered to the Clerk within the time stated in the
notice, or it will be conclusively presumed that a nuisance exists and it must be
abated as ordered. The hearing will be before the Council at a time and place fixed
by the Council. The findings of the Council shall be conclusive and, if a nuisance is
found to exist, it shall be ordered abated within a reasonable time under the
circumstances.
4.
Abatement in Emergency. If it is determined that an emergency exists by
reason of the continuing maintenance of the nuisance or condition, the City may
perform any action which may be required under this chapter without prior notice.
The City shall assess the costs as provided in subsection 6 of this section after notice
to the property owner under the applicable provisions of subsection 1 and 2, and the
hearing as provided in subsection 3.
5.
Abatement by City. If the person notified to abate a nuisance or condition
neglects or fails to abate as directed, the City may perform the required action to
abate, keeping an accurate account of the expense incurred. The itemized expense
account shall be filed with the Clerk who shall pay such expenses on behalf of the
City.
†
EDITOR’S NOTE: A suggested form of notice for the abatement of nuisances is included in the
Appendix of this Code of Ordinances. Caution is urged in the use of this administrative abatement
procedure, particularly where cost of abatement is more than minimal or where there is doubt as to
whether or not a nuisance does in fact exist. If compliance is not secured following notice and hearings,
we recommend you review the situation with your attorney before proceeding with abatement and
assessment of costs. Your attorney may recommend proceedings in court under Chapter 657 of the
Code of Iowa rather than this procedure.
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CHAPTER 50
6.
Collection of Costs. The Clerk shall send a statement of the total expense
incurred by certified mail to the property owner who has failed to abide by the notice
to abate, and if the amount shown by the statement has not been paid within one
month, the Clerk shall certify the costs to the County Treasurer and such costs shall
then be collected with, and in the same manner, as general property taxes.
7.
Installment Payment of Cost of Abatement. If the amount expended to abate
the nuisance or condition exceeds five hundred dollars ($500.00), the City may permit
the assessment to be paid in up to ten (10) annual installments, to be paid in the same
manner and with the same interest rates provided for assessments against benefited
property under State law.
8.
Failure to Abate. Any person causing or maintaining a nuisance who shall
fail or refuse to abate or remove the same within the reasonable time required and
specified in the notice to abate is in violation of this Code of Ordinances.
50.07 MUNICIPAL INFRACTION ABATEMENT PROCEDURE. In lieu of the
abatement procedures set forth in Section 50.06, the requirements of this chapter may be
enforced under the procedures applicable to municipal infractions as set forth in Chapter 4 of
this Code of Ordinances.
Code of Iowa, for violations of State and/or local fire safety regulations.
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CHAPTER 50
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CHAPTER 51
JUNK AND JUNK VEHICLES
51.01 Definitions
51.02 Junk and Junk Vehicles Prohibited
51.03 Junk and Junk Vehicles a Nuisance
51.04 Exceptions
51.05 Notice to Abate
51.01 DEFINITIONS. For use in this chapter, the following terms are defined:
1.
“Junk” means all old or scrap copper, brass, lead, or any other non-ferrous
metal; old or discarded rope, rags, batteries, paper, trash, rubber, debris, waste or used
lumber, or salvaged wood; dismantled vehicles, machinery and appliances or parts of
such vehicles, machinery or appliances; iron, steel or other old or scrap ferrous
materials; old or discarded glass, tinware, plastic or old or discarded household goods
or hardware. Neatly stacked firewood located on a side yard or a rear yard is not
considered junk.
2.
“Junk vehicle” means any vehicle legally placed in storage with the County
Treasurer or unlicensed and which has any of the following characteristics:
A.
Broken Glass. Any vehicle with a broken or cracked windshield,
window, headlight or tail light, or any other cracked or broken glass.
B.
Broken, Loose or Missing Part. Any vehicle with a broken, loose or
missing fender, door, bumper, hood, steering wheel or trunk lid.
C.
Habitat for Nuisance Animals or Insects. Any vehicle which has
become the habitat for rats, mice, or snakes, or any other vermin or insects.
D.
Flammable Fuel. Any vehicle which contains gasoline or any other
flammable fuel.
E.
Inoperable. Any motor vehicle which lacks an engine or two or more
wheels or other structural parts, rendering said motor vehicle totally
inoperable, or which cannot be moved under its own power or has not been
used as an operating vehicle for a period of thirty (30) days or more.
F.
Defective or Obsolete Condition. Any other vehicle which, because
of its defective or obsolete condition, in any other way constitutes a threat to
the public health and safety.
Mere licensing of such vehicle shall not constitute a defense to the finding that the
vehicle is a junk vehicle.
3.
“Vehicle” means every device in, upon, or by which a person or property is or
may be transported or drawn upon a highway or street, excepting devices moved by
human power or used exclusively upon stationary rails or tracks, and includes without
limitation a motor vehicle, automobile, truck, motorcycle, tractor, buggy, wagon, farm
machinery, or any combination thereof.
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JUNK AND JUNK VEHICLES
51.02 JUNK AND JUNK VEHICLES PROHIBITED. It is unlawful for any person to
store, accumulate, or allow to remain on any private property within the corporate limits of
the City any junk or junk vehicle.
51.03 JUNK AND JUNK VEHICLES A NUISANCE. It is hereby declared that any junk
or junk vehicle located upon private property, unless excepted by Section 51.04, constitutes a
threat to the health and safety of the citizens and is a nuisance within the meaning of Section
657.1 of the Code of Iowa. If any junk or junk vehicle is kept upon private property in
violation hereof, the owner of or person occupying the property upon which it is located shall
be prima facie liable for said violation.
51.04 EXCEPTIONS. The provisions of this chapter do not apply to any junk or a junk
vehicle stored within:
1.
Structure. A garage or other enclosed structure; or
2.
Salvage Yard. An auto salvage yard or junk yard lawfully operated within
the City.
51.05 NOTICE TO ABATE. Upon discovery of any junk or junk vehicle located upon
private property in violation of Section 51.03, the City shall within five (5) days initiate
abatement procedures as outlined in Chapter 50 of this Code of Ordinances.
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CHAPTER 55
ANIMAL PROTECTION AND CONTROL
55.01
55.02
55.03
55.04
55.05
55.06
55.07
55.08
55.09
Definitions
Animal Neglect
Livestock Neglect
Abandonment of Cats and Dogs
Livestock
At Large Prohibited
Damage or Interference
Annoyance or Disturbance
Prohibition of Unhealthy, Unsanitary Conditions
55.10
55.11
55.12
55.13
55.14
55.15
55.16
55.17
Vicious Dogs
Rabies Vaccination
Owner’s Duty
Confinement
At Large: Impoundment
Disposition of Animals
Impounding Costs
Pet Awards Prohibited
55.01 DEFINITIONS. The following terms are defined for use in this chapter.
1.
“Advertise” means to present a commercial message in any medium including
but not limited to print, radio, television, sign, display, label, tag or articulation.
2.
“Animal” means a nonhuman vertebrate.
3.
“At large” means off the premises of the owner and not under the control of a
competent person, restrained within a motor vehicle, or housed in a veterinary
hospital or kennel.
4.
5.
“Business” means any enterprise relating to any of the following:
A.
The sale or offer for sale of goods or services.
B.
A recruitment for employment or membership in an organization.
C.
A solicitation to make an investment.
D.
An amusement or entertainment activity.
“Fair” means any of the following:
A.
The annual fair and exposition held by the Iowa State Fair Board
pursuant to Chapter 173 of the Code of Iowa or any fair event conducted by a
fair under the provisions of Chapter 174 of the Code of Iowa.
B.
An exhibition of agricultural or manufactured products.
C.
An event for operation of amusement rides or devices or concession
booths.
6.
“Game” means a “game of chance” or “game of skill” as defined in Section
99B.1 of the Code of Iowa.
7.
“Livestock” means an animal belonging to the bovine, caprine, equine, ovine
or porcine species, ostriches, rheas and emus; farm deer as defined in Section 170.1
of the Code of Iowa; or poultry.
8.
“Owner” means any person owning, keeping, sheltering or harboring an
animal.
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CHAPTER 55
9.
“Pet” means a living dog, cat, or an animal normally maintained in a small
tank or cage in or near a residence, including but not limited to a rabbit, gerbil,
hamster, mouse, parrot, canary, mynah, finch, tropical fish, goldfish, snake, turtle,
gecko, or iguana.
55.02 ANIMAL NEGLECT. It is unlawful for a person who impounds or confines, in any
place, an animal, excluding livestock, to fail to supply the animal during confinement with a
sufficient quantity of food or water, or to fail to provide a confined dog or cat with adequate
shelter, or to torture, deprive of necessary sustenance, mutilate, beat, or kill such animal by
any means which causes unjustified pain, distress or suffering.
55.03 LIVESTOCK NEGLECT. It is unlawful for a person who impounds or confines
livestock in any place to fail to provide the livestock with care consistent with customary
animal husbandry practices or to deprive the livestock of necessary sustenance or to injure or
destroy livestock by any means which causes pain or suffering in a manner inconsistent with
customary animal husbandry practices.
55.04 ABANDONMENT OF CATS AND DOGS. A person who has ownership or
custody of a cat or dog shall not abandon the cat or dog, except the person may deliver the cat
or dog to another person who will accept ownership and custody or the person may deliver the
cat or dog to an animal shelter or pound.
55.05 LIVESTOCK. It is unlawful for a person to keep livestock within the City except by
written consent of the Council or except in compliance with the City’s zoning regulations.
55.06 AT LARGE PROHIBITED. It is unlawful for any owner to allow an animal to run
at large within the corporate limits of the City.
55.07 DAMAGE OR INTERFERENCE. It is unlawful for the owner of an animal to
allow or permit such animal to pass upon the premises of another thereby causing damage to,
or interference with, the premises.
55.08 ANNOYANCE OR DISTURBANCE. It is unlawful for the owner of a dog to allow
or permit such dog to cause serious annoyance or disturbance to any person by frequent and
habitual howling, yelping, barking, or otherwise, or by running after or chasing persons,
bicycles, automobiles or other vehicles.
55.09 PROHIBITION OF UNHEALTHY, UNSANITARY CONDITIONS.
1.
An owner shall keep all structures, pens, coops or yards wherein animals are
confined clean, devoid of vermin and free of odors arising from urine and/or feces.
2.
No owner or walker of any animal shall permit the animal to discharge feces
upon any public or private property other than the property of the owner of the
animal. The owner or walker shall be deemed to permit the animal’s discharge of
feces if the owner does not immediately thereafter take steps to remove and clean up
the feces from the property.
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CHAPTER 55
3.
All feces removed as aforesaid shall be placed in an airtight container until it
is removed pursuant to refuse collection procedures or otherwise disposed of in a
sanitary manner.
55.10 VICIOUS DOGS. It is unlawful for any person to harbor or keep a vicious dog
within the City. A dog is deemed to be vicious when it has attacked or bitten any person
without provocation, or when propensity to attack or bite persons exists and is known or
ought reasonably to be known to the owner. The determination that a dog is deemed to be
vicious shall be made by the Police Chief.
55.11 RABIES VACCINATION. Every owner of a dog shall obtain a rabies vaccination
for such animal. It is unlawful for any person to own or have a dog in said person’s
possession, six months of age or over, which has not been vaccinated against rabies. Dogs
kept in State or Federally licensed kennels and not allowed to run at large are not subject to
these vaccination requirements.
55.12 OWNER’S DUTY. It is the duty of the owner of any dog, cat or other animal which
has bitten or attacked a person or any person having knowledge of such bite or attack to report
this act to a local health or law enforcement official. It is the duty of physicians and
veterinarians to report to the local board of health the existence of any animal known or
suspected to be suffering from rabies.
55.13 CONFINEMENT. If law enforcement or a local board of health receives
information that an animal or vicious dog has bitten a person or that a vicious dog or animal is
suspected of having rabies, the board shall order the owner to confine such animal or vicious
dog in the manner it directs. If the owner fails to confine such animal or vicious dog in the
manner directed, the animal or vicious dog shall be apprehended and impounded by such
board, and after ten (10) days the board may humanely destroy the animal or vicious dog. If
such animal or vicious dog is returned to its owner, the owner shall pay the cost of
impoundment. This section does not apply if a police service dog or a horse used by a law
enforcement agency and acting in the performance of its duties has bitten a person.
55.14 AT LARGE: IMPOUNDMENT. Dogs found at large in violation of this chapter
shall be seized and impounded, or at the discretion of the peace officer, the owner may be
served a summons to appear before a proper court to answer charges made thereunder.
55.15 DISPOSITION OF ANIMALS.
1.
When an animal has been apprehended and impounded, written notice shall be
provided to the owner within two (2) days after impoundment, if the owner’s name and
current address can reasonably be determined by accessing a tag or other device that is
on or part of the animal. Impounded animals may be recovered by the owner upon
payment of impounding costs, and if an unvaccinated dog, by having it immediately
vaccinated. If the owner fails to redeem the animal within seven (7) days from the date
that the notice is mailed, or if the owner cannot be located within seven days, the animal
shall be disposed of in accordance with law or destroyed by euthanasia.
(Code of Iowa, Sec. 351.37, 351.41)
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CHAPTER 55
2.
Upon the determination by the Police Chief that a dog is vicious under the
provisions of Section 55.10, the Police Chief shall so notify the owner of the
determination and the provisions of this chapter. The Police Chief shall also
determine whether the vicious dog should be destroyed and so notify the owner. In
the event the Police Chief determines the vicious dog is to be destroyed, the Police
Chief shall order the sanitary disposal of the dog and the cost of any confinement,
veterinary services and the disposal fee shall be paid by the owner.
55.16 IMPOUNDING COSTS. Impounding costs are established by resolution of the
Council.
55.17 PET AWARDS PROHIBITED.
(Code of Iowa, Ch. 717.E)
1.
Prohibition. It is unlawful for any person to award a pet or advertise that a
pet may be awarded as any of the following:
A.
A prize for participating in a game.
B.
A prize for participating in a fair.
C.
An inducement or condition for visiting a place of business or
attending an event sponsored by a business.
D.
An inducement or condition for executing a contract which includes
provisions unrelated to the ownership, care or disposition of the pet.
2.
Exceptions. This section does not apply to any of the following:
A.
A pet shop licensed pursuant to Section 162.5 of the Code of Iowa if
the award of a pet is provided in connection with the sale of a pet on the
premises of the pet shop.
B.
Youth programs associated with 4-H Clubs; Future Farmers of
America; the Izaak Walton League of America; or organizations associated
with outdoor recreation, hunting or fishing, including but not limited to the
Iowa Sportsmen’s Federation.
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CHAPTER 56
DOG LICENSE REQUIRED
56.01 Annual License Required
56.02 License Fees
56.03 License Tags
56.04 Penalty
56.01 ANNUAL LICENSE REQUIRED. The owner of every dog six (6) months old or
over shall annually obtain a license as provided by this chapter.
1.
Licenses will be issued at City Hall or by a licensed veterinarian approved by
the City of Le Mars.
2.
Said license application shall contain the name and address of the dog owner,
and the name, color, sex and breed of the dog.
3.
Licenses will be issued annually, and will be for a one-year period
commencing January 1st and ending December 31st of any given year. Licenses will
be available for purchase throughout the year. The one-year license will be
delinquent February 1st of each year.
56.02 LICENSE FEES. The annual licensing fees will be set by resolution of the Council.
The license may be purchased for one year.
56.03 LICENSE TAGS. At the time the annual dog license is executed, and the fee paid,
the owner will be issued a metal dog tag. Said tag will be affixed to a collar of that dog and
shall be worn at all times. The dog tag will have imprinted on it a unique number which will
identify the dog and its owner.
56.04 PENALTY. Any person violating this chapter of the Code of Ordinances shall be
subject to standard penalty, and boarding costs, determined by Council resolution.
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DOG LICENSE REQUIRED
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CHAPTER 60
ADMINISTRATION OF TRAFFIC CODE
60.01
60.02
60.03
60.04
Title
Definitions
Administration and Enforcement
Power to Direct Traffic
60.05
60.06
60.07
60.08
Traffic Accidents: Reports
Peace Officer’s Authority
Obedience to Peace Officers
Parades Regulated
60.01 TITLE. Chapters 60 through 71 of this Code of Ordinances may be known and cited
as the “Le Mars Traffic Code.”
60.02 DEFINITIONS. Where words and phrases used in the Traffic Code are defined by
State law, such definitions apply to their use in said Traffic Code and are adopted by
reference. Those definitions so adopted that need further definition or are reiterated, and
other words and phrases used herein, have the following meanings:
1.
“Business District” means the territory contiguous to and including a
highway when fifty percent (50%) or more of the frontage thereon for a distance of
three hundred (300) feet or more is occupied by buildings in use for business.
2.
“Park” or “parking” means the standing of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged in loading
or unloading merchandise or passengers.
3.
“Peace officer” means every officer authorized to direct or regulate traffic or
to make arrests for violations of traffic regulations.
4.
“Residence district” means the territory contiguous to and including a
highway not comprising a business, suburban or school district, where forty percent
(40%) or more of the frontage on such a highway for a distance of three hundred
(300) feet or more is occupied by dwellings or by dwellings and buildings in use for
business.
5.
“School district” means the territory contiguous to and including a highway
for a distance of two hundred (200) feet in either direction from a school house.
6.
“Stand” or “standing” means the halting of a vehicle, whether occupied or
not, otherwise than for the purpose of and while actually engaged in receiving or
discharging passengers.
7.
“Stop” means when required, the complete cessation of movement.
8.
“Stop” or “stopping” means when prohibited, any halting of a vehicle, even
momentarily, whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a peace officer or traffic control
sign or signal.
9.
“Suburban district” means all other parts of the city not included in the
business, school or residence districts.
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CHAPTER 60
10.
“Traffic control device” means all signs, signals, markings, and devices not
inconsistent with this chapter, lawfully placed or erected for the purpose of
regulating, warning, or guiding traffic.
11.
“Vehicle” means every device in, upon or by which any person or property is
or may be transported or drawn upon a public highway, street, or alley.
60.03 ADMINISTRATION AND ENFORCEMENT. Provisions of this chapter and State
law relating to motor vehicles and law of the road are enforced by the Police Chief.
60.04 POWER TO DIRECT TRAFFIC. A peace officer, and, in the absence of a peace
officer, any officer of the fire department when at the scene of a fire or other fire department
call-out, is authorized to direct all traffic by voice, hand or signal in conformance with traffic
laws. In the event of an emergency, traffic may be directed as conditions require,
notwithstanding the provisions of the traffic laws.
(Code of Iowa, Sec. 102.4 & 321.236[2])
60.05 TRAFFIC ACCIDENTS: REPORTS. The driver of a vehicle involved in an
accident within the limits of the City shall file a report as and when required by the Iowa
Department of Transportation. A copy of this report shall be filed with the City for the
confidential use of peace officers and shall be subject to the provisions of Section 321.271 of
the Code of Iowa.
(Code of Iowa, Sec. 321.273 & 321.274)
60.06 PEACE OFFICER’S AUTHORITY. A peace officer is authorized to stop a vehicle
to require exhibition of the driver’s license of the driver, to serve a summons or memorandum
of traffic violation, to inspect the condition of the vehicle, to inspect the vehicle with
reference to size, weight, cargo, log book, bills of lading or other manifest of employment,
tires and safety equipment, or to inspect the registration certificate, the compensation
certificate, travel order, or permit of such vehicle. A peace officer having probable cause to
stop a vehicle may require exhibition of the proof of financial liability coverage card issued
for the vehicle.
60.07 OBEDIENCE TO PEACE OFFICERS. No person shall willfully fail or refuse to
comply with any lawful order or direction of any peace officer invested by law with authority
to direct, control, or regulate traffic.
60.08 PARADES REGULATED. No person shall conduct or cause any parade on any
street except as provided herein:
1.
Definition. “Parade” means any march or procession of persons or vehicles
organized for marching or moving on the streets in an organized fashion or manner or
any march or procession of persons or vehicles represented or advertised to the public
as a parade.
2.
Approval Required. No parade shall be conducted without first obtaining
approval from the Police Chief. The person organizing or sponsoring the parade shall
provide information concerning the time and date for the parade and the streets or
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CHAPTER 60
general route therefor, and any approval given to such person includes all participants
in the parade, provided they have been invited to participate.
3.
Parade Not A Street Obstruction. Any parade for which approval has been
given and the persons lawfully participating therein shall not be deemed an
obstruction of the streets, notwithstanding the provisions of any other ordinance to
the contrary.
4.
Control By Peace Officers and Fire Fighters. Persons participating in any
parade shall at all times be subject to the lawful orders and directions in the
performance of their duties of law enforcement personnel and/or members of the Fire
Department.
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CHAPTER 60
°°°°°°°°°°
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CHAPTER 61
TRAFFIC CONTROL DEVICES
61.01
61.02
61.03
61.04
Traffic Control Devices
Installation
Compliance
Crosswalks
61.05 Traffic Lanes
61.06 Moving or Damaging Devices
61.07 Standards
61.01 TRAFFIC CONTROL DEVICES. The Council shall establish by resolution, and
cause to be placed and maintained, appropriate traffic control devices to indicate parking
spaces and zones, angle parking zones, no parking zones, limited parking zones, reserved
parking zones, loading zones, safety zones, school zones, hospital zones, quiet zones, traffic
zones other than the above, truck routes, school stops, stop intersections, yield right-of-way
intersections, one-way streets, streets to be laned for traffic and play streets, and special speed
zones. The Council shall also have the power to designate and indicate by resolution
intersections at which traffic shall be controlled by traffic signals; intersections at which left
turns, right turns and U-turns shall be prohibited; and intersections at which markers, buttons
or other indications shall be placed to indicate the course to be traveled by vehicles traversing
or turning at such intersections.
61.02 INSTALLATION. The Council shall cause to be placed and maintained traffic
control devices to carry out the provisions of the Traffic Code of the City under State law or
to regulate, guide or warn traffic. The City shall keep a record of all such traffic control
devices.
(Code of Iowa, Sec. 321.254 & 321.255)
61.03 COMPLIANCE. No driver of a vehicle shall disobey the instructions of any official
traffic control device placed in accordance with the provisions of this chapter, unless at the
time otherwise directed by a peace officer, subject to the exceptions granted the driver of an
authorized emergency vehicle under Section 321.231 of the Code of Iowa.
61.04 CROSSWALKS. The Council is hereby authorized to designate and maintain
crosswalks by appropriate traffic control devices at intersections where, due to traffic
conditions, there is particular danger to pedestrians crossing the street or road-way, and at
such other places as traffic conditions require.
(Code of Iowa, Sec. 372.13[4] & 321.255)
61.05 TRAFFIC LANES. Where traffic lanes have been marked on street pavements at
such places as traffic conditions require, it shall be unlawful for the operator of any vehicle to
fail or refuse to keep such vehicle within the boundaries of any such lane except when
lawfully passing another vehicle or preparatory to making a lawful turning movement.
(Code of Iowa, Sec. 372.13[4] & 321.255)
61.06 MOVING OR DAMAGING DEVICES. It is unlawful for any per-son to move,
deface or otherwise damage any sign, signal or other traffic control device placed upon the
streets of the City.
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CHAPTER 61
TRAFFIC CONTROL DEVICES
61.07 STANDARDS. Traffic control devices shall comply with standards established by
The Manual of Uniform Traffic Control Devices for Streets and Highways.
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CHAPTER 62
GENERAL TRAFFIC REGULATIONS
62.01
62.02
62.03
62.04
Compliance with State Law
Play Streets Designated
Sidewalks and Recreational Trails
Clinging to Vehicle
62.05 Quiet Zones
62.06 Obstructing View at Intersections
62.07 Engine Braking
62.01 COMPLIANCE WITH STATE LAW. Except as otherwise provided in these
chapters, all traffic, vehicular and pedestrian, shall be operated or parked upon the streets of
the City in accordance with Chapter 321 of the Code of Iowa, as amended.
62.02 PLAY STREETS DESIGNATED.
Whenever authorized signs are erected
indicating any street or part thereof as a play street, no person shall drive a vehicle upon any
such street or portion thereof except drivers of vehicles having business or whose residences
are within such closed area, and then any said driver shall exercise the greatest care in driving
upon any such street or portion thereof.
62.03 SIDEWALKS AND RECREATIONAL TRAILS. The driver of a vehicle, except
for City authorized vehicles, shall not drive upon or within any sidewalk or recreational trail
area except at a driveway. Authorized vehicles shall be approved by resolution.
62.04 CLINGING TO VEHICLE. No person shall drive a motor vehicle on the streets of
the City unless all passengers of said vehicle are inside the vehicle in the place intended for
their accommodation. No person riding upon any bicycle, coaster, roller skates, in-line
skates, sled or toy vehicle shall attach the same or himself or herself to any vehicle upon a
roadway.
62.05 QUIET ZONES. Whenever authorized signs are erected indicating a quiet zone, no
person operating a motor vehicle within any such zone shall sound the horn or other warning
device of such vehicle except in an emergency.
62.06 OBSTRUCTING VIEW AT INTERSECTIONS. It is unlawful to allow any tree,
hedge, billboard, or other object to obstruct the view of an intersection by preventing persons
from having a clear view of traffic approaching the intersection from cross streets. Any such
obstruction shall be deemed a nuisance and in addition to the standard penalty may be abated
in the manner provided by Chapter 50 of this Code of Ordinances.
62.07 ENGINE BRAKING. It is unlawful for the driver of any vehicle to use or operate or
cause to be used or operated, within the corporate City limits, any engine brake, compression
brake or mechanical exhaust device designed to aid in the braking or deceleration of any
vehicle that results in excessive, loud, unusual, or explosive noise from such vehicle except
for responding to a bona fide emergency. Any violation of this section shall constitute a
simple misdemeanor.
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GENERAL TRAFFIC REGULATIONS
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CHAPTER 63
SPEED REGULATIONS
63.01 General
63.02 State Code Speed Limits
63.03 Parks, Cemeteries, and Parking Lots
63.04 Special Speed Restrictions
63.05 Minimum Speed
63.06 Controlled Access Facilities
63.01 GENERAL. Every driver of a motor vehicle on a street shall drive the same at a
careful and prudent speed not greater than nor less than is reasonable and proper, having due
regard to the traffic, surface and width of the street and of any other conditions then existing,
and no person shall drive a vehicle on any street at a speed greater than will permit said driver
to bring it to a stop within the assured clear distance ahead, such driver having the right to
assume, however, that all persons using said street will observe the law.
63.02 STATE CODE SPEED LIMITS. The following speed limits are established in
Section 321.285 of the Code of Iowa and any speed in excess thereof is unlawful unless
specifically designated otherwise in this chapter as a special speed zone.
1.
Business District – twenty (20) miles per hour.
2.
Residence or School District – twenty-five (25) miles per hour.
3.
Suburban District – forty-five (45) miles per hour.
63.03 PARKS, CEMETERIES, AND PARKING LOTS. A speed in excess of fifteen
(15) miles per hour in any public park, cemetery, or parking lot, unless specifically designated
otherwise in this chapter, is unlawful.
63.04 SPECIAL SPEED RESTRICTIONS. In accordance with requirements of the Iowa
Department of Transportation, or whenever the Council shall determine upon the basis of an
engineering and traffic investigation that any speed limit listed in Section 63.02 is greater or
less than is reasonable or safe under the conditions found to exist at any intersection or other
place or upon any part of the City street system, the Council shall determine and adopt by
ordinance such higher or lower speed limit as it deems reasonable and safe at such location.
63.05 MINIMUM SPEED. A person shall not drive a motor vehicle at such a slow speed
as to impede or block the normal and reasonable movement of traffic, except when reduced
speed is necessary for safe operation, or in compliance with law.
63.06 CONTROLLED ACCESS FACILITIES. Speed limits on controlled access
facilities are as specified in Chapter 140 of this Code of Ordinances.
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CHAPTER 63
SPEED REGULATIONS
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CHAPTER 64
TURNING REGULATIONS
64.01 Turning at Intersections
64.02 U-Turns
64.03 Left Turn for Parking
64.01 TURNING AT INTERSECTIONS. The driver of a vehicle intending to turn at an
intersection shall do so as follows:
1.
Both the approach for a right turn and a right turn shall be made as close as
practical to the right-hand curb or edge of the roadway.
2.
Approach for a left turn shall be made in that portion of the right half of the
roadway nearest the centerline thereof and after entering the intersection the left turn
shall be made so as to depart from the intersection to the right of the centerline of the
roadway being entered.
3.
Approach for a left turn from a two-way street into a one-way street shall be
made in that portion of the right half of the roadway nearest the centerline thereof and
by passing to the right of such centerline where it enters the intersection. A left turn
from a one-way street into a two-way street shall be made by passing to the right of
the centerline of the street being entered upon leaving the intersection.
The Council may cause markers, buttons or signs to be placed within or adjacent to
intersections and thereby require and direct, as traffic conditions require, that a different
course from that specified above be traveled by vehicles turning at intersections, and when
markers, buttons or signs are so placed, no driver of a vehicle shall turn a vehicle at an
intersection other than as directed and required by such markers, buttons or signs.
64.02 U-TURNS. It is unlawful for a driver to make a U-turn except at an intersection,
however, U-turns are prohibited within the business district and at any intersection where a
sign prohibiting U-turns is posted in accordance with Chapter 61 of this Traffic Code.
64.03 LEFT TURN FOR PARKING. No person shall make a left hand turn, crossing the
centerline of the street, for the purpose of parking on said street.
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CHAPTER 64
TURNING REGULATIONS
°°°°°°°°°°
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CHAPTER 65
STOP OR YIELD REQUIRED
65.01 Stop or Yield
65.02 School Stops
65.03 Stop Before Crossing Sidewalk
65.04 Stop When Traffic Is Obstructed
65.05 Yield to Pedestrians in Crosswalks
65.01 STOP OR YIELD. Every driver of a vehicle shall stop or yield as directed by traffic
control devices posted in accordance with Chapter 61 of this Traffic Code.
65.02 SCHOOL STOPS. At any school crossing zone, every driver of a vehicle
approaching said zone shall bring the vehicle to a full stop at a point ten (10) feet from the
approach side of the crosswalk marked by an authorized school stop sign and thereafter
proceed in a careful and prudent manner until the vehicle shall have passed through such
school crossing zone.
65.03 STOP BEFORE CROSSING SIDEWALK. The driver of a vehicle emerging from
a private roadway, alley, driveway, or building shall stop such vehicle immediately prior to
driving onto the sidewalk area and thereafter shall proceed into the sidewalk area only when
able to do so without danger to pedestrian traffic and shall yield the right-of-way to any
vehicular traffic on the street into which the vehicle is entering.
65.04 STOP WHEN TRAFFIC IS OBSTRUCTED. Notwithstanding any traffic control
signal indication to proceed, no driver shall enter an intersection or a marked crosswalk
unless there is sufficient space on the other side of the intersection or crosswalk to
accommodate the vehicle.
65.05 YIELD TO PEDESTRIANS IN CROSSWALKS. Where traffic control signals are
not in place or in operation, the driver of a vehicle shall yield the right-of-way, slowing down
or stopping, if need be, to yield to a pedestrian crossing the roadway within any marked
crosswalk or within any unmarked crosswalk at an intersection.
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CHAPTER 65
STOP OR YIELD REQUIRED
°°°°°°°°°°
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CHAPTER 66
LOAD AND WEIGHT RESTRICTIONS
66.01 Temporary Embargo
66.02 Permits for Excess Size and Weight
66.03 Load Limits Upon Certain Streets
66.04 Load Limits on Bridges
66.05 Truck Route
66.01 TEMPORARY EMBARGO. If the Council declares an embargo when it appears
by reason of deterioration, rain, snow or other climatic conditions that certain streets will be
seriously damaged or destroyed by vehicles weighing in excess of an amount specified by the
signs, no such vehicles shall be operated on streets so designated by such signs erected in
accordance with Chapter 61 of this Traffic Code.
(Code of Iowa, Sec. 321.471 & 472)
66.02 PERMITS FOR EXCESS SIZE AND WEIGHT. The Council may, upon
application and good cause being shown therefor, issue a special permit in writing authorizing
the applicant to operate or move a vehicle or combination of vehicles of a size or weight or
load exceeding the maximum specified by State law or the City over those streets or bridges
named in the permit which are under the jurisdiction of the City and for which the City is
responsible for maintenance.
(Code of Iowa, Sec. 321.473 & 321E.1)
66.03 LOAD LIMITS UPON CERTAIN STREETS. When signs are erected giving
notice thereof, no person shall operate any vehicle with a gross weight in excess of the
amounts specified on such signs at any time upon any of the streets or parts of streets for
which said signs are erected in accordance with Chapter 61 of this Traffic Code.
(Code of Iowa, Sec. 321.473 & 475)
66.04 LOAD LIMITS ON BRIDGES. Where it has been determined that any City bridge
has a capacity less than the maximum permitted on the streets of the City, or on the street
serving the bridge, the Council may cause to be posted and maintained signs, in accordance
with Chapter 61 of this Traffic Code, on said bridge and at suitable distances ahead of the
entrances thereof to warn drivers of such maximum load limits, and no person shall drive a
vehicle weighing, loaded or unloaded, upon said bridge in excess of such posted limit.
66.05 TRUCK ROUTE. When truck routes have been designated in accordance with
Chapter 61, any motor vehicle exceeding established weight limits shall comply with the
following:
1.
Use of Established Routes. Every such motor vehicle having no fixed
terminal within the City or making no scheduled or definite stops within the City for
the purpose of loading or unloading shall travel over or upon those streets within the
City designated as truck routes and none other.
2.
Deliveries Off Truck Route. Any such motor vehicle, when loaded or empty,
having a fixed terminal, making a scheduled or definite stop within the City for the
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CHAPTER 66
LOAD AND WEIGHT RESTRICTIONS
purpose of loading or unloading shall proceed over or upon the designated routes to
the nearest point of its scheduled or definite stop and shall proceed thereto, load or
unload and return, by the most direct route to its point of departure from said
designated route.
3.
Employer’s Responsibility. The owner, or any other person, employing or
otherwise directing the driver of any vehicle shall not require or knowingly permit the
operation of such vehicle upon a street in any manner contrary to this section.
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CHAPTER 67
PEDESTRIANS
67.01 Walking in Street
67.02 Hitchhiking
67.03 Pedestrian Crossing
67.01 WALKING IN STREET. Pedestrians shall at all times when walking on or along a
street, walk on the left side of the street.
67.02 HITCHHIKING. No person shall stand in the traveled portion of a street for the
purpose of soliciting a ride from the driver of any private vehicle.
67.03 PEDESTRIAN CROSSING. Every pedestrian crossing a roadway at any point
other than within a marked crosswalk or within an unmarked crosswalk at an intersection
shall yield the right-of-way to all vehicles upon the roadway.
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CHAPTER 67
PEDESTRIANS
°°°°°°°°°°
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CHAPTER 68
ONE-WAY TRAFFIC
68.01 ONE-WAY TRAFFIC REQUIRED. When appropriate signs are in place, as
provided for in Chapter 61 of this Traffic Code, vehicular traffic, other than permitted cross
traffic, shall move only in the direction indicated on such signs.
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CHAPTER 68
ONE-WAY TRAFFIC
°°°°°°°°°°
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CHAPTER 69
PARKING REGULATIONS
69.01
69.02
69.03
69.04
69.05
69.06
Parking Limited or Controlled
Park Adjacent to Curb
Park Adjacent to Curb — One-way Street
Angle Parking
Angle Parking — Manner
Parking for Certain Purposes Illegal
69.07
69.08
69.09
69.10
69.11
Parking Prohibited
Persons With Disabilities Parking
Truck Parking Limited
Winter Parking Restrictions
Controlled Access Facilities
69.01 PARKING LIMITED OR CONTROLLED. Parking of vehicles shall be
controlled or limited where so indicated by designated traffic control devices in accordance
with Chapter 61 of this Traffic Code. No person shall stop, park or stand a vehicle in
violation of any such posted parking regulations unless in compliance with the directions of a
peace officer.
69.02 PARK ADJACENT TO CURB. No person shall stand or park a vehicle in a
roadway other than parallel with the edge of the roadway headed in the direction of lawful
traffic movement and with the right-hand wheels of the vehicle within eighteen (18) inches of
the curb or edge of the roadway except as hereinafter provided in the case of angle parking
and vehicles parked on the left-hand side of one-way streets.
69.03 PARK ADJACENT TO CURB — ONE-WAY STREET. No person shall stand or
park a vehicle on the left-hand side of a one-way street other than parallel with the edge of the
roadway headed in the direction of lawful traffic movement and with the left-hand wheels of
the vehicle within eighteen (18) inches of the curb or edge of the roadway except as
hereinafter provided in the case of angle parking.
69.04 ANGLE PARKING. Angle or diagonal parking is permitted only in those locations
designated for angle parking.
1.
6th Avenue SW, on the west side from 1st Street to midblock between 1st
Street and 2nd Street.
2.
3rd Avenue NW, on the east side from 1st Street to Plymouth Street.
3.
2nd Avenue SW, on the east side from 1st Street to Plymouth Street.
4.
1st Street, from Central Avenue to midblock between 1st Avenue SW and 2nd
Avenue SW.
5.
Stadium Drive.
6.
Central Avenue, from 2nd Street N to 2nd Street S.
7.
3rd Avenue SE, from 10th Street to 11th Street.
8.
2nd Avenue NW, on the west side from 1st Street to Plymouth Street.
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CHAPTER 69
PARKING REGULATIONS
9.
1st Avenue NE, from 1st Street to Plymouth Street.
10.
1st Avenue W, on the east side from midblock between 2nd Street N and 1st
Street N to midblock between 1st Street S and 2nd Street S, and on the west side from
2nd Street N to midblock between 1st Street S and 2nd Street S.
11.
2nd Street, from 1st Avenue NE to 2nd Avenue NW.
12.
1st Street, from midblock between 1st Avenue NE and 2nd Avenue NE to 2nd
Avenue NW.
69.05 ANGLE PARKING — MANNER. Upon those streets or portions of streets which
have been signed or marked for angle parking, no person shall park or stand a vehicle other
than at an angle to the curb or edge of the roadway or in the center of the roadway as
indicated by such signs and markings. No part of any vehicle, or the load thereon, when
parked within a diagonal parking district, shall extend into the roadway more than a distance
of sixteen (16) feet when measured at right angles to the adjacent curb or edge of roadway.
69.06 PARKING FOR CERTAIN PURPOSES ILLEGAL. Unless otherwise limited
under the provisions of this chapter, no person shall park a vehicle upon a street or alley for a
continuous period of more than 48 hours, or in a municipal parking lot for a continuous period
of more than 24 hours, or for any of the following principal purposes:
1.
Sale. Displaying such vehicle for sale.
2.
Repairing. For lubricating, repairing or for commercial washing of such
vehicle except such repairs as are necessitated by an emergency.
3.
Advertising. Displaying advertising.
4.
Merchandise Sales. Selling merchandise from such vehicle except in a duly
established market place or when so authorized or licensed under the Code of
Ordinances.
69.07 PARKING PROHIBITED. No one shall stop, stand or park a vehicle except when
necessary to avoid conflict with other traffic or in compliance with the directions of a peace
officer or traffic control device, in any of the following places:
1.
Crosswalk. On a crosswalk.
2.
Center Parkway. On the center parkway or dividing area of any divided
street.
3.
Mailboxes. Within twenty (20) feet on either side of a mailbox which is so
placed and so equipped as to permit the depositing of mail from vehicles on the
roadway.
4.
Sidewalks. On or across a sidewalk.
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PARKING REGULATIONS
5.
Driveway. In front of a public or private driveway.
6.
Intersection. Within an intersection or within ten (10) feet of an intersection
of any street or alley.
7.
Fire Hydrant. Within five (5) feet of a fire hydrant.
8.
Stop Sign or Signal. Within ten (10) feet upon the approach to any flashing
beacon, stop or yield sign, or traffic control signal located at the side of a roadway.
9.
Railroad Crossing. Within fifty (50) feet of the nearest rail of a railroad
crossing, except when parked parallel with such rail and not exhibiting a red light.
10.
Fire Station. Within twenty (20) feet of the driveway entrance to any fire
station and on the side of a street opposite the entrance to any fire station within
seventy-five (75) feet of said entrance when properly sign posted.
11.
Excavations. Alongside or opposite any street excavation or obstruction
when such stopping, standing or parking would obstruct traffic.
(Code of Iowa, Sec. 321.358 [10])
12.
Double Parking. On the roadway side of any vehicle stopped or parked at the
edge or curb of a street.
(Code of Iowa, Sec. 321.358 [11])
13.
Hazardous Locations. When, because of restricted visibility or when
standing or parked vehicles would constitute a hazard to moving traffic, or when
other traffic conditions require, the Council may cause curbs to be painted with a
yellow color and erect no parking or standing signs.
(Code of Iowa, Sec. 321.358 [13])
14.
Churches, Nursing Homes and Other Buildings. A space of fifty (50) feet is
hereby reserved at the side of the street in front of any theatre, auditorium, hotel
having more than twenty-five (25) sleeping rooms, hospital, nursing home, taxicab
stand, bus depot, church, or other building where large assemblages of people are
being held, within which space, when clearly marked as such, no motor vehicle shall
be left standing, parked or stopped except in taking on or discharging passengers or
freight, and then only for such length of time as is necessary for such purpose.
15.
Alleys. In an alley right-of-way, except for the delivery of goods in a
Business District.
16.
Ramps. In front of a curb cut or ramp which is located on public or private
property in a manner which blocks access to the curb cut or ramp.
17.
Area Between Lot Line and Curb Line. That area of the public way not
covered by sidewalk and lying between the lot line and the curb line, where curbing
has been installed.
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CHAPTER 69
PARKING REGULATIONS
18.
In More Than One Space. In any designated parking space so that any part of
the vehicle occupies more than one such space or protrudes beyond the markings
designating such space.
69.08 PERSONS WITH DISABILITIES PARKING. The following regulations shall
apply to the establishment and use of persons with disabilities parking spaces:
1.
Establishment. Persons with disabilities parking spaces shall be established
and designated in accordance with Chapter 321L of the Code of Iowa and Iowa
Administrative Code, 661-18. No unauthorized person shall establish any on-street
persons with disabilities parking space without first obtaining Council approval.
2.
Improper Use. The following uses of a persons with disabilities parking
space, located on either public or private property, constitute improper use of a
persons with disabilities parking permit, which is a violation of this Code of
Ordinances:
(Code of Iowa, Sec. 321L.4[2])
A.
Use by an operator of a vehicle not displaying a persons with
disabilities parking permit;
B.
Use by an operator of a vehicle displaying a persons with disabilities
parking permit but not being used by a person issued a permit or being
transported in accordance with Section 321L.2[1b] of the Code of Iowa;
C.
Use by a vehicle in violation of the rules adopted under Section
321L.8 of the Code of Iowa.
3.
Wheelchair Parking Cones. No person shall use or interfere with a
wheelchair parking cone in violation of the following:
A.
A person issued a persons with disabilities parking permit must
comply with the requirements of Section 321L.2A[1] of the Code of Iowa
when utilizing a wheelchair parking cone.
B.
A person shall not interfere with a wheelchair parking cone which is
properly placed under the provisions of Section 321L.2A[1] of the Code of
Iowa.
69.09 TRUCK PARKING LIMITED. No person shall park a commercial bus, motor
truck, semi-trailer, or other motor vehicle with trailer attached in violation of the following
regulations. The provisions of this section shall not apply to pickup, light delivery or panel
delivery trucks.
1.
Business District. Excepting only when such vehicles are actually engaged in
the delivery or receiving of merchandise or cargo, no person shall park or leave
unattended such vehicle on any streets within the business district. When actually
receiving or delivering merchandise or cargo such vehicle shall be stopped or parked
in a manner which will not interfere with other traffic.
2.
Night Parking. No such vehicle shall be left standing or parked upon any
street or thoroughfare within the City between the hours of 6:00 p.m. and 6:00 a.m.
except for loading or unloading purposes.
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CHAPTER 69
PARKING REGULATIONS
69.10 WINTER PARKING RESTRICTIONS.
1.
Application. The provisions of this section, prohibiting the standing or
parking of vehicles on certain designated streets or parts of streets, shall apply from
November 1 to April 1 each year.
2.
Parking Prohibited. During the time specified in this section it is lawful to
park vehicles, otherwise authorized by this Code of Ordinances, upon City streets
only as follows:
A.
On any street where parallel parking is otherwise lawfully permitted
on both sides of the street: on the odd-numbered address side of the street on
odd-numbered calendar days and on the even-numbered side of the street on
even-numbered calendar days.
B.
On any street where parking is otherwise prohibited at all times on
one entire side of the street only: on that side of the street where parking is
otherwise lawfully permitted until any accumulated snow has been removed
from at least one-half of the street. Thereafter, it is unlawful to park on the
unplowed side of the street until the accumulated snow has been removed
from the full width of the street. Persons may park on the otherwise
prohibited side of the street in order to comply with the provisions of this
subsection during said times but only until snow has been removed from the
unplowed side where parking is not otherwise prohibited.
For the purpose of this section, the calendar day shall have its beginning at 6:00 p.m.
preceding the date and ending at 6:00 p.m. on the date as required.
3.
Signing. The provisions of this section shall be in full force and effect
throughout the City when signs are posted on primary or secondary roads at or near
their points of intersection with the corporate boundaries of the City and stating:
Restricted Parking November 1 to April 1. Parking on Odd Side of Street on Odd
Calendar Days and on Even Side of Street on Even Calendar Days.
69.11 CONTROLLED ACCESS FACILITIES. Parking restrictions on controlled access
facilities are as specified in Chapter 140 of this Code of Ordinances.
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CHAPTER 69
PARKING REGULATIONS
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CHAPTER 70
TRAFFIC CODE ENFORCEMENT PROCEDURES
70.01 Arrest or Citation
70.02 Scheduled Violations
70.03 Parking Violations: Alternate
70.04 Parking Violations: Vehicle Unattended
70.05 Presumption in Reference to Illegal Parking
70.06 Impounding Vehicles
70.01 ARREST OR CITATION. Whenever a peace officer has reasonable cause to
believe that a person has violated any provision of the Traffic Code, such officer may:
1.
Immediate Arrest. Immediately arrest such person and take such person
before a local magistrate, or
2.
Issue Citation. Without arresting the person, prepare in quintuplicate a
combined traffic citation and complaint as adopted by the Iowa Commissioner of
Public Safety, or issue a uniform citation and complaint utilizing a State-approved
computerized device.
(Code of Iowa, Sec. 805.6 & 321.485)
70.02 SCHEDULED VIOLATIONS. For violations of the Traffic Code which are
designated by Section 805.8A of the Code of Iowa to be scheduled violations, the scheduled
fine for each of those violations shall be as specified in Section 805.8A of the Code of Iowa.
(Code of Iowa, Sec. 805.8 & 805.8A)
70.03 PARKING VIOLATIONS: ALTERNATE. Uncontested violations of parking
restrictions imposed by this Code of Ordinances shall be charged upon a simple notice of a
fine payable at the Police Department. The simple notice of a fine shall be in the amount of
ten dollars ($10.00) for all violations except odd/even parking and improper use of a persons
with disabilities parking permit. The simple notice of fine for odd/even parking shall be
twenty-five dollars ($25.00) and the fine for improper use a persons with disabilities parking
permit is one hundred dollars ($100.00). If such fine is not paid within thirty (30) days, it
shall be increased by five dollars ($5.00).
(Code of Iowa, Sec. 321.236[1b] & 321L.4[2])
70.04 PARKING VIOLATIONS: VEHICLE UNATTENDED. When a vehicle is
parked in violation of any provision of the Traffic Code, and the driver is not present, the
notice of fine or citation as herein provided shall be attached to the vehicle in a conspicuous
place.
70.05 PRESUMPTION IN REFERENCE TO ILLEGAL PARKING. In any proceeding
charging a standing or parking violation, a prima facie presumption that the registered owner
was the person who parked or placed such vehicle at the point where, and for the time during
which, such violation occurred, shall be raised by proof that:
1.
Described Vehicle. The particular vehicle described in the information was
parked in violation of the Traffic Code, and
2.
Registered Owner. The defendant named in the information was the
registered owner at the time in question.
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CHAPTER 70
TRAFFIC CODE ENFORCEMENT PROCEDURES
70.06 IMPOUNDING VEHICLES. A peace officer is hereby authorized to remove, or
cause to be removed, a vehicle from a street, public alley, public parking lot or highway to the
nearest garage or other place of safety, or to a garage designated or maintained by the City,
under the circumstances hereinafter enumerated:
1.
Disabled Vehicle. When a vehicle is so disabled as to constitute an
obstruction to traffic and the person or persons in charge of the vehicle are by reason
of physical injury incapacitated to such an extent as to be unable to provide for its
custody or removal.
2.
Illegally Parked Vehicle. When any vehicle is left unattended and is so
illegally parked as to constitute a definite hazard or obstruction to the normal
movement of traffic.
3.
Snow Removal. When any vehicle is left parked in violation of a ban on
parking during snow removal operations.
4.
Parked Over Limited Time Period. When any vehicle is left parked for a
continuous period in violation of any limited parking time. If the owner can be
located, the owner shall be given an opportunity to remove the vehicle.
5.
Costs. In addition to the standard penalties provided, the owner or driver of
any vehicle impounded for the violation of any of the provisions of this chapter shall
be required to pay the reasonable cost of towing and storage.
6.
Unpaid Parking Tickets. If any vehicle has accumulated more than $100.00
of delinquent parking tickets, such vehicle may be towed and impounded. The
vehicle may be temporarily impounded by use of a “boot” or similar device until such
time the vehicle can be towed. No vehicle shall be towed and impounded unless such
vehicle is on a public street, public alley, or in a public parking lot.
A.
Temporary impoundment by use of a “boot” or similar device shall
not exceed twenty-four (24) hours except that a peace officer may extend or
reduce such time period for safety or traffic reasons. Upon expiration of the
twenty-four (24) hour time period, the vehicle shall be towed and impounded.
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CHAPTER 71
GOLF CARTS
71.01 Code of Iowa Provisions
71.02 Prohibited Streets
71.03 Prohibited Area
71.04 Special Permits
71.01 CODE OF IOWA PROVISIONS. The City hereby adopts by reference the
provisions of Section 321.247 of the Code of Iowa pertaining to golf cart operation on City
streets in the City.
71.02 PROHIBITED STREETS. In addition to the primary road extensions of Business
U.S. 75 and State Highway 3 within the corporate limits of the City, golf carts shall not be
operated upon the following City streets:
1.
Business U.S. 75;
2.
State Highway 3;
3.
Airport Road;
4.
Lincoln Street;
5.
Seventh Avenue East (K-49) from Twelfth Street South to the south corporate
limits;
6.
Twelfth Street South (C-30) from Seventh Avenue East to the east corporate
limits.
Golf carts shall be allowed to cross such streets as in the case of primary road extensions.
71.03 PROHIBITED AREA. Golf carts also shall not be operated within the southwest
commercial-industrial area bounded by Business U.S. 75, Harker Drive and Twelfth Avenue
SW on the west; Sixth Street SW on the north; Sixth Avenue SW on the east and the south
corporate limits on the south, said area to include all portions of the aforesaid streets which
comprise the boundary of said area and all streets within said area.
71.04 SPECIAL PERMITS.
1.
Except for Business U.S. 75 and State Highway 3, the Council may, in its
sole discretion, grant special permits for the operation of golf carts on the City streets
references in this chapter, including the streets within the southwest commercialindustrial area.
2.
Special permits shall not be issued except upon receipt of a written
application requesting the same, specifying the streets for which the permit is to apply
and stating the reason for such request.
3.
No special permit shall be issued for the operation of a golf cart on any of the
streets referred to in this chapter unless the golf cart is equipped with all of the
lighting as required of motor vehicles under the Code of Iowa in addition to the safety
equipment required under said Code for the operation of golf carts on City streets.
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CHAPTER 71
GOLF CARTS
4.
The safety equipment and lighting referred to in subsection 3 shall be
inspected and approved by the Police Chief in writing before any special permit is
granted.
5.
No special permit may authorize operation of a golf cart on City streets
before sunrise or after sunset.
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CHAPTER 75
ALL-TERRAIN VEHICLES AND SNOWMOBILES
75.01
75.02
75.03
75.04
Purpose
Definitions
General Regulations
Operation of Snowmobiles
75.05
75.06
75.07
75.08
Hours of Operation
Operation of All-Terrain Vehicles
Negligence
Accident Reports
75.01 PURPOSE. The purpose of this chapter is to regulate the operation of all-terrain
vehicles and snowmobiles within the City.
1.
“All-terrain vehicle” or “ATV” means a motorized vehicle, with not less than
three and not more than six non-highway tires, that is limited in engine displacement
to less than 1,000 cubic centimeters and in total dry weight to less than 1,200 pounds
and that has a seat or saddle designed to be straddled by the operator and handlebars
for steering control.
(Code of Iowa, Sec. 321I.1)
2.
“Off-road motorcycle” means a two-wheeled motor vehicle that has a seat or
saddle designed to be straddled by the operator and handlebars for steering control
and that is intended by the manufacturer for use on natural terrain. “Off-road
motorcycle” includes a motorcycle that was originally issued a certificate of title and
registered for highway use under Chapter 321 of the Code of Iowa, but that contains
design features that enable operation over natural terrain. An operator of an off-road
motorcycle is also subject to the provisions of this chapter governing the operation of
all-terrain vehicles.
3.
“Off-road utility vehicle” means a motorized vehicle, with not less than four
and not more than eight non-highway tires or rubberized tracks, that has a seat that is
of bucket or bench design, not intended to be straddled by the operator, and a steering
wheel or control levers for control. “Off-road utility vehicle” includes the following
vehicles:
A.
“Off-road utility vehicle – type 1” includes vehicles with a total dry
weight of 1,200 pounds or less and a width of 50 inches or less.
B.
“Off-road utility vehicle – type 2” includes vehicles, other than type 1
vehicles, with a total dry weight of 2,000 pounds or less and a width of 65
inches or less.
C.
“Off-road utility vehicle – type 3” includes vehicles with a total dry
weight of more than 2,000 pounds or a width of more than 65 inches, or both.
An operator of an off-road utility vehicle is also subject to the provisions of this
chapter governing the operation of all-terrain vehicles.
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CHAPTER 75
4.
“Snowmobile” means a motorized vehicle that weighs less than 1,000
pounds, that uses sled-type runners or skis, endless belt-type tread with a width of 48
inches or less, or any combination of runners, skis, or tread, and is designed for travel
on snow or ice. “Snowmobile” does not include an all-terrain vehicle that has been
altered or equipped with runners, skis, belt-type tracks, or treads.
(Code of Iowa, Sec. 321G.1)
75.03 GENERAL REGULATIONS.
No person shall operate an ATV, off-road
motorcycle or off-road utility vehicle within the City in violation of Chapter 321I of the Code
of Iowa or a snowmobile within the City in violation of the provisions of Chapter 321G of the
Code of Iowa or in violation of rules established by the Natural Resource Commission of the
Department of Natural Resources governing their registration, equipment and manner of
operation.
(Code of Iowa, Ch. 321G & Ch. 321I)
75.04 OPERATION OF SNOWMOBILES. The operators of snowmobiles shall comply
with the following restrictions as to where snowmobiles may be operated within the City:
1.
Streets and Locations. Snowmobiles shall not be operated on or in the
following areas:
(Code of Iowa, Sec. 321G.9[4a])
A.
Business U.S. 75, except where shoulder or ditch exists.
B.
Highway 3 – Plymouth Street, except where shoulder or ditch exists.
C.
Central Avenue.
D.
School and college campuses during normal school hours (one-block
radius) and churches (during hours of occupancy).
E.
Hospital area off limits at all times.
F.
Downtown Business District – two blocks all ways from intersection
of Central Avenue and Plymouth Street.
G.
Any park area designated as off limits by the Parks and Recreation
Committee.
H.
Recreational Trail.
2.
Exceptions. Snowmobiles may be operated on prohibited streets only under
the following circumstances:
A.
Emergencies. Snowmobiles may be operated on any street in an
emergency during the period of time when and at locations where snow upon
the roadway renders travel by conventional motor vehicles impractical.
(Code of Iowa, Sec. 321G.9[4c])
B.
Direct Crossing. Snowmobiles may make a direct crossing of a
prohibited street provided all of the following occur:
(1)
The crossing is made at an angle of approximately ninety
degrees (90°) to the direction of the street and at a place where no
obstruction prevents a quick and safe crossing;
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CHAPTER 75
(2)
The snowmobile is brought to a complete stop before
crossing the street;
(3)
The driver yields the right-of-way to all on-coming traffic
which constitutes an immediate hazard; and
(4)
In crossing a divided street, the crossing is made only at an
intersection of such street with another street.
(Code of Iowa, Sec. 321G.9[2])
3.
Railroad Right-of-Way. Snowmobiles shall not be operated on an operating
railroad right-of-way. A snowmobile may be driven directly across a railroad rightof-way only at an established crossing and notwithstanding any other provisions of
law may, if necessary, use the improved portion of the established crossing after
yielding to all oncoming traffic.
(Code of Iowa, Sec. 321G.13[1h])
4.
Trails. Snowmobiles shall not be operated on all-terrain vehicle trails except
where so designated.
(Code of Iowa, Sec. 321G.9[4f])
5.
Parks and Other City Land. Snowmobiles shall not be operated in any park,
playground or upon any other City-owned property without the express permission of
the City. A snowmobile shall not be operated on any City land without a snow cover
of at least one-tenth of one inch.
6.
Sidewalk or Parking. Snowmobiles shall not be operated upon the public
sidewalk or that portion of the street located between the curb line and the sidewalk
or property line commonly referred to as the “parking” except for purposes of
crossing the same to a public street upon which operation is authorized by this
chapter.
7.
Driveways. Snowmobiles shall come to a complete stop before crossing a
driveway.
75.05 HOURS OF OPERATION. Snowmobiles shall be operated in the City only
between the hours of 6:00 a.m. through 12:00 midnight on Sunday through Thursday and
from 6:00 a.m. Friday and Saturday through 2:00 a.m. Saturday and Sunday except for
emergency situations or for loading and unloading from a transport trailer.
75.06 OPERATION OF ALL-TERRAIN VEHICLES. The operators of ATVs shall
comply with the following restrictions as to where ATVs may be operated within the City:
1.
Streets. ATVs and off-road utility vehicles may be operated on streets only
in accordance with Section 321.234A of the Code of Iowa or on such streets as may
be designated by resolution of the Council for the operation of registered ATVs or
registered off-road utility vehicles. In designating such streets, the Council may
authorize ATVs and off-road utility vehicles to stop at service stations or convenience
stores along a designated street.
(Code of Iowa, Sec. 321I.10[1 & 3])
2.
Trails.
designated.
ATVs shall not be operated on snowmobile trails except where
(Code of Iowa, Sec. 321I.10[4])
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CHAPTER 75
3.
Railroad Right-of-way. ATVs shall not be operated on an operating railroad
right-of-way. An ATV may be driven directly across a railroad right-of-way only at
an established crossing and notwithstanding any other provisions of law may, if
necessary, use the improved portion of the established crossing after yielding to all
oncoming traffic.
(Code of Iowa, Sec. 321I.14[1h])
4.
Parks and Other City Land. ATVs shall not be operated in any park,
playground or upon any other City-owned property without the express permission of
the City.
5.
Sidewalk or Parking. ATVs shall not be operated upon the public sidewalk
or that portion of the street located between the curb line and the sidewalk or property
line commonly referred to as the “parking.”
6.
Driveways. ATVs shall come to a complete stop before crossing a driveway.
7.
Recreational Trail. ATVs shall not be operated upon the recreational trail or
within twenty-five (25) feet thereof when on public property except for emergency,
patrol or maintenance vehicles owned and operated by the City of Le Mars and other
public safety agencies.
75.07 NEGLIGENCE. The owner and operator of an ATV or snowmobile are liable for
any injury or damage occasioned by the negligent operation of the ATV or snowmobile. The
owner of an ATV or snowmobile shall be liable for any such injury or damage only if the
owner was the operator of the ATV or snowmobile at the time the injury or damage occurred
or if the operator had the owner’s consent to operate the ATV or snowmobile at the time the
injury or damage occurred.
(Code of Iowa, Sec. 321G.18 & 321I.19)
75.08 ACCIDENT REPORTS. Whenever an ATV or snowmobile is involved in an
accident resulting in injury or death to anyone or property damage amounting to one thousand
five hundred dollars ($1,500.00) or more, either the operator or someone acting for the
operator shall immediately notify a law enforcement officer and shall file an accident report,
in accordance with State law.
(Code of Iowa, Sec. 321G.10 & 321I.11)
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CHAPTER 76
BICYCLE REGULATIONS
76.01
76.02
76.03
76.04
76.05
76.06
Scope of Regulations
Traffic Code Applies
Double Riding Restricted
Two Abreast Limit
Speed
Emerging from Alley or Driveway
76.07
76.08
76.09
76.10
76.11
76.12
Carrying Articles
Riding on Sidewalks
Towing
Improper Riding
Parking
Equipment Requirements
76.01 SCOPE OF REGULATIONS. These regulations shall apply whenever a bicycle is
operated upon any street or upon any public path set aside for the exclusive use of bicycles,
subject to those exceptions stated herein.
(Code of Iowa, Sec. 321.236 [10])
76.02 TRAFFIC CODE APPLIES. Every person riding a bicycle upon a roadway shall be
granted all of the rights and shall be subject to all of the duties applicable to the driver of a
vehicle by the laws of the State declaring rules of the road applicable to vehicles or by the
traffic code of the City applicable to the driver of a vehicle, except as to those provisions
which by their nature can have no application. Whenever such person dismounts from a
bicycle the person shall be subject to all regulations applicable to pedestrians.
76.03 DOUBLE RIDING RESTRICTED. A person propelling a bicycle shall not ride
other than astride a permanent and regular seat attached thereto. No bicycle shall be used to
carry more persons at one time than the number for which it is designed and equipped.
(Code of Iowa, Sec. 321.234 [3 and 4])
76.04 TWO ABREAST LIMIT. Persons riding bicycles upon a roadway shall not ride
more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use
of bicycles. All bicycles ridden on the roadway shall be kept to the right and shall be
operated as near as practicable to the right-hand edge of the roadway.
(Code of Iowa, Sec. 321.236 [10])
76.05 SPEED. No person shall operate a bicycle at a speed greater than is reasonable and
prudent under the conditions then existing.
(Code of Iowa, Sec. 321.236 [10])
76.06 EMERGING FROM ALLEY OR DRIVEWAY. The operator of a bicycle
emerging from an alley, driveway or building shall, upon approaching a sidewalk or the
sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians
approaching on said sidewalk or sidewalk area, and upon entering the roadway shall yield the
right-of-way to all vehicles approaching on said roadway.
(Code of Iowa, Sec. 321.236 [10])
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CHAPTER 76
BICYCLE REGULATIONS
76.07 CARRYING ARTICLES. No person operating a bicycle shall carry any package,
bundle or article which prevents the rider from keeping at least one hand upon the handle
bars.
(Code of Iowa, Sec. 321.236 [10])
76.08 RIDING ON SIDEWALKS.
sidewalks:
The following shall apply to riding bicycles on
1.
Signs Erected. When signs are erected on any sidewalk or roadway
prohibiting the riding of bicycles thereon by any person, no person shall disobey the
signs.
(Code of Iowa, Sec. 321.236 [10])
2.
Yield Right-of-way. Whenever any person is riding a bicycle upon a
sidewalk, such person shall yield the right-of-way to any pedestrian and shall give
audible signal before overtaking and passing.
(Code of Iowa, Sec. 321.236 [10])
76.09 TOWING. It is unlawful for any person riding a bicycle to be towed or to tow any
other vehicle upon the streets of the City unless the vehicle is manufactured for such use.
76.10 IMPROPER RIDING. No person shall ride a bicycle in an irregular or reckless
manner such as zigzagging, stunting, speeding or otherwise so as to disregard the safety of the
operator or others.
76.11 PARKING. No person shall park a bicycle upon a street other than upon the
roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a
building or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic.
(Code of Iowa, Sec. 321.236 [10])
76.12 EQUIPMENT REQUIREMENTS. Every person riding a bicycle shall be
responsible for providing and using equipment as provided herein:
1.
Lamps Required. Every bicycle when in use at nighttime shall be equipped
with a lamp on the front which shall emit a white light visible from a distance of at
least three hundred (300) feet to the front and with a lamp on the rear exhibiting a red
light visible from a distance of three hundred (300) feet to the rear except that a red
reflector on the rear, of a type which shall be visible from all distances from fifty (50)
feet to three hundred (300) feet to the rear when directly in front of lawful upper
beams of headlamps on a motor vehicle, may be used in lieu of a rear light.
2.
Brakes Required. Every bicycle shall be equipped with a brake which will
enable the operator to make the braked wheel skid on dry, level, clean pavement.
(Code of Iowa, Sec. 321.236 [10])
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CHAPTER 80
ABANDONED VEHICLES
80.01
80.02
80.03
80.04
80.05
Definitions
Authority to Take Possession of Abandoned Vehicles
Notice by Mail
Notification in Newspaper
Fees for Impoundment
80.06
80.07
80.08
80.09
Disposal of Abandoned Vehicles
Disposal of Totally Inoperable Vehicles
Proceeds from Sales
Duties of Demolisher
1.
“Abandoned vehicle” means any of the following:
A.
A vehicle that has been left unattended on public property for more
than twenty-four (24) hours and lacks current registration plates or two or
more wheels or other parts which renders the vehicle totally inoperable.
B.
A vehicle that has remained illegally on public property for more
than 24 hours.
C.
A vehicle that has been unlawfully parked or placed on private
property without the consent of the owner or person in control of the property
for more than 24 hours.
D.
A vehicle that has been legally impounded by order of a police
authority and has not been reclaimed for a period of ten (10) days. However,
a police authority may declare the vehicle abandoned within the ten-day
period by commencing the notification process.
E.
Any vehicle parked on the highway determined by a police authority
to create a hazard to other vehicle traffic.
F.
A vehicle that has been impounded pursuant to Section 321J.4B of
the Code of Iowa by order of the court and whose owner has not paid the
impoundment fees after notification by the person or agency responsible for
carrying out the impoundment order.
2.
“Demolisher” means a person licensed under Chapter 321H of the Code of
Iowa whose business it is to convert a vehicle to junk, processed scrap or scrap metal,
or otherwise to wreck, or dismantle vehicles.
3.
“Garage keeper” means any operator of a parking place or establishment,
motor vehicle storage facility, or establishment for the servicing, repair, or
maintenance of motor vehicles.
4.
“Police authority” means the Iowa state patrol or any law enforcement agency
of a county or city.
80.02 AUTHORITY TO TAKE POSSESSION OF ABANDONED VEHICLES. A
police authority, upon the authority’s own initiative or upon the request of any other authority
having the duties of control of highways or traffic, shall take into custody an abandoned
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CHAPTER 80
ABANDONED VEHICLES
vehicle on public property and may take into custody any abandoned vehicle on private
property. The police authority may employ its own personnel, equipment, and facilities or
hire a private entity, equipment, and facilities for the purpose of removing, preserving,
storing, or disposing of abandoned vehicles. A property owner or other person in control of
private property may employ a private entity that is a garage keeper to dispose of an
abandoned vehicle, and the private entity may take into custody the abandoned vehicle
without a police authority’s initiative. If a police authority employs a private entity to dispose
of abandoned vehicles, the police authority shall provide the private entity with the names and
addresses of the registered owners, all lienholders of record, and any other known claimant to
the vehicle or the personal property found in the vehicle.
80.03 NOTICE BY MAIL. The police authority or private entity that takes into custody an
abandoned vehicle shall notify, within twenty (20) days, by certified mail, the last known
registered owner of the vehicle, all lienholders of record, and any other known claimant to the
vehicle or to personal property found in the vehicle, addressed to the parties’ last known
addresses of record, that the abandoned vehicle has been taken into custody. Notice shall be
deemed given when mailed. The notice shall describe the year, make, model and vehicle
identification number of the vehicle, describe the personal property found in the vehicle, set
forth the location of the facility where the vehicle is being held, and inform the persons
receiving the notice of their right to reclaim the vehicle and personal property within ten (10)
days after the effective date of the notice upon payment of all towing, preservation, and
storage charges resulting from placing the vehicle in custody and upon payment of the costs
of the notice. The notice shall also state that the failure of the owner, lienholders or claimants
to exercise their right to reclaim the vehicle or personal property within the time provided
shall be deemed a waiver by the owner, lienholders and claimants of all right, title, claim and
interest in the vehicle or personal property and that failure to reclaim the vehicle or personal
property is deemed consent to the sale of the vehicle at a public auction or disposal of the
vehicle to a demolisher and to disposal of the personal property by sale or destruction. If the
abandoned vehicle was taken into custody by a private entity without a police authority’s
initiative, the notice shall state that the private entity may claim a garage keeper’s lien as
described in Section 321.90 of the Code of Iowa, and may proceed to sell or dispose of the
vehicle. If the abandoned vehicle was taken into custody by a police authority or by a private
entity hired by a police authority, the notice shall state that any person claiming rightful
possession of the vehicle or personal property who disputes the planned disposition of the
vehicle or property by the police authority or private entity or of the assessment of fees and
charges provided by this section may ask for an evidentiary hearing before the police
authority to contest those matters. If the persons receiving notice do not ask for a hearing or
exercise their right to reclaim the vehicle or personal property within the ten-day reclaiming
period, the owner, lienholders or claimants shall no longer have any right, title, claim, or
interest in or to the vehicle or the personal property. A court in any case in law or equity shall
not recognize any right, title, claim, or interest of the owner, lienholders or claimants after the
expiration of the ten-day reclaiming period.
80.04 NOTIFICATION IN NEWSPAPER. If it is impossible to determine with
reasonable certainty the identity and addresses of the last registered owner and all lienholders,
notice by one publication in one newspaper of general circulation in the area where the
vehicle was abandoned shall be sufficient to meet all requirements of notice under Section
80.03. The published notice may contain multiple listings of abandoned vehicles and
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ABANDONED VEHICLES
personal property but shall be published within the same time requirements and contain the
same information as prescribed for mailed notice in Section 80.03.
80.05 FEES FOR IMPOUNDMENT. The owner, lienholder or claimant shall pay fees set
by resolution of the Council plus towing charges if stored by the City, or towing and storage
fees, if stored in a public garage, whereupon said vehicle shall be released. The amount of
towing charges, and the rate of storage charges by privately owned garages, shall be
established by such facility.
80.06 DISPOSAL OF ABANDONED VEHICLES. If an abandoned vehicle has not been
reclaimed as provided herein, the police authority or private entity shall make a determination
as to whether or not the motor vehicle should be sold for use upon the highways, and shall
dispose of the motor vehicle in accordance with State law.
80.07 DISPOSAL OF TOTALLY INOPERABLE VEHICLES. The City or any person
upon whose property or in whose possession is found any abandoned motor vehicle, or any
person being the owner of a motor vehicle whose title certificate is faulty, lost or destroyed,
may dispose of such motor vehicle to a demolisher for junk, without a title and without
notification procedures, if such motor vehicle lacks an engine or two or more wheels or other
structural part which renders the vehicle totally inoperable. The police authority shall give
the applicant a certificate of authority. The applicant shall then apply to the County Treasurer
for a junking certificate and shall surrender the certificate of authority in lieu of the certificate
of title.
80.08 PROCEEDS FROM SALES. Proceeds from the sale of any abandoned vehicle
shall be applied to the expense of auction, cost of towing, preserving, storing, and notification
required, in accordance with State law. Any balance shall be held for the owner of the motor
vehicle or entitled lienholder for ninety (90) days, and then shall be deposited in the State
Road Use Tax Fund. Where the sale of any vehicle fails to realize the amount necessary to
meet costs the police authority shall apply for reimbursement from the Department of
Transportation.
80.09 DUTIES OF DEMOLISHER. Any demolisher who purchases or otherwise
acquires an abandoned motor vehicle for junk shall junk, scrap, wreck, dismantle, or
otherwise demolish such motor vehicle. A demolisher shall not junk, scrap, wreck, dismantle,
or demolish a vehicle until the demolisher has obtained the junking certificate issued for the
vehicle.
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CHAPTER 80
ABANDONED VEHICLES
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CHAPTER 90
WATER SERVICE SYSTEM
90.01
90.02
90.03
90.04
90.05
90.06
90.07
90.08
90.09
90.10
90.11
90.12
Definitions
Superintendent’s Duties
Mandatory Connections
Abandoned Connections
Compliance with Plumbing Code
Subdivision Lot Changes or Sales
Excavations
Tapping Mains
Installation of Water Service Pipe
Responsibility for Water Service Pipe
Failure to Maintain
Curb Valve
90.13
90.14
90.15
90.16
90.17
90.18
90.19
90.20
90.21
90.22
90.23
90.24
Interior Valve
Inspection and Approval
Completion by the City
Shutting off Water Supply
Operation of Curb Valve
Fire Hydrants
Backflow Prevention Valve
Damaging Water Property
Owner Responsible for Pipes and Fixtures
Liability of City
Nonpublic Water Wells Prohibited
Lawn Watering Restrictions
90.01 DEFINITIONS. The following terms are defined for use in the chapters in this Code
of Ordinances pertaining to the Water Service System:
1.
“Combined service account” means a customer service account for the
provision of two or more utility services.
2.
“Customer” means, in addition to any person receiving water service from the
City, the owner of the property served, and as between such parties the duties,
responsibilities, liabilities and obligations hereinafter imposed shall be joint and
several.
3.
“Superintendent” means the Superintendent of the City water system or any
duly authorized assistant, agent or representative.
4.
use.
“Water main” means a water supply pipe provided for public or community
5.
“Water service pipe” means the pipe from the water main to the building
served.
6.
“Water system” or “water works” means all public facilities for securing,
collecting, storing, pumping, metering, treating, billing and distributing water.
90.02 SUPERINTENDENT’S DUTIES. The Water Department shall be operated under
the direction of the Water Superintendent, appointed by and responsible to the City
Administrator. The Superintendent shall supervise the detailed operations of the water
system and enforce all regulations pertaining to water services in the City in accordance with
this chapter. This chapter shall apply to all replacements of existing water service pipes as
well as to new ones. The Superintendent shall make such rules, not in conflict with the
provisions of this chapter, as may be needed for the operation of the water system, subject to
the approval of the Council. In the event of an emergency the Superintendent may make
temporary rules for the protection of the system until due consideration by the Council may
be had.
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CHAPTER 90
90.03 MANDATORY CONNECTIONS. All residences and business establishments
within the City limits intended or used for human habitation, occupancy or use shall be
connected to the public water system, if it is reasonably available and if the building is not
furnished with pure and wholesome water from some other source.
90.04 ABANDONED CONNECTIONS. When an existing water service is abandoned or
a service is renewed with a new tap in the main, all abandoned connections with the mains
shall be turned off by the property owner at the corporation cock and made absolutely
watertight and physically disconnected from the City water main. If the property owner
neglects or refuses to complete these actions, the City shall cause said work to be done and
bill the cost of said work to the property owner.
90.05 COMPLIANCE WITH PLUMBING CODE. The installation of any water service
pipe and any connection with the water system shall comply with all pertinent and applicable
provisions, whether regulatory, procedural or enforcement provisions, of the State of Iowa
Plumbing Code.
90.06 SUBDIVISION LOT CHANGES OR SALES. If a lot or portion of a lot is to be
changed or sold in conjunction with another, resulting in two services potentially serving the
new property, one of the services will be disconnected at the water main by and paid for by
the owner of the property, unless service is used for a second meter or if the size of the lot
could be sold off in the future as a legal buildable lot.
90.07 EXCAVATIONS. All trench work, excavation and backfilling required in
installation of a water service pipe shall be performed in accordance with applicable
excavation provisions as provided for installation of building sewers and/or the provisions of
Chapter 135.
90.08 TAPPING MAINS. All taps into water mains shall be made by the City and in
accordance with the following:
1.
Independent Services. No more than one house, building or premises shall be
supplied from one tap unless special written permission is obtained from the
Superintendent and unless provision is made so that each house, building or premises
may be shut off independently of the other.
2.
Corporation Stop. A brass corporation stop, of the pattern and weight
approved by the Superintendent, shall be inserted in every tap in the main. The
corporation stop in the main shall in no case be smaller than one size smaller than the
service pipe.
3.
More than one (1) service line to a single property will be allowed.
90.09 INSTALLATION OF WATER SERVICE PIPE. Water service pipes from the
main to the curb box shall be type K copper tubing, or certain plastic service line may be
substituted with prior written permission from the Water Superintendent. If non-metallic pipe
is utilized from the curb box to the meter setting, a tracer wire shall also be installed to assist
with future locates. Wire shall be 12-gauge stranded or solid wire. Pipes must be laid
sufficiently waving, and to such depth, as to prevent rupture from settlement or freezing. All
installations of water service pipes shall be made by a competent individual knowledgeable in
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CHAPTER 90
such work. The Superintendent shall have the power to suspend the approval of any such
individual for violation of any of the provisions of this chapter. A suspension, unless
revoked, shall continue until the next regular meeting of the Council. The Superintendent
shall notify the individual immediately by personal written notice of the suspension, the
reasons for the suspension, and the time and place of the Council meeting at which the
individual will be granted a hearing. At this Council meeting the Superintendent shall make a
written report to the Council stating the reasons for the suspension, and the Council, after fair
hearing, shall affirm or revoke the suspension or take any further action that is necessary and
proper.
90.10 RESPONSIBILITY FOR WATER SERVICE PIPE. All costs and expenses
incident to the installation and maintenance of the water service pipe from and including the
corporation stop at the main to the building served shall be borne by the owner. The owner
shall indemnify the City from any loss or damage that may directly or indirectly be
occasioned by the installation or maintenance of said water service pipe.
90.11 FAILURE TO MAINTAIN. When any portion of the water service pipe which is
the responsibility of the property owner becomes defective or creates a nuisance and the
owner fails to correct such nuisance the City may do so and assess the costs thereof to the
property.
(Code of Iowa, Sec. 364.12[3a & h])
90.12 CURB VALVE. There shall be installed within the public right-of-way a main shutoff valve on the water service pipe at the outer sidewalk line with a suitable lock of a pattern
approved by the Superintendent. The shut-off valve shall be covered with a heavy metal or
approved cover visible and even with the pavement or ground.
90.13 INTERIOR VALVE. There shall be installed a shut-off valve on every service pipe
inside the building as close to the entrance of the pipe within the building as possible and so
located that the water can be shut off conveniently. Where one service pipe supplies more
than one customer within the building, there shall be separate valves for each such customer
so that service may be shut off for one without interfering with service to the others.
90.14 INSPECTION AND APPROVAL. All water service pipes and their connections to
the water system must be inspected by an authorized City employee before they are covered.
If the City refuses to approve the work, the property owner must proceed immediately to
correct the work. Every person who uses or intends to use the municipal water system shall
permit authorized City employees to enter the premises to inspect or make necessary
alterations or repairs at all reasonable hours and on proof of authority.
90.15 COMPLETION BY THE CITY. Should any excavation be left open or only partly
refilled for twenty-four (24) hours after the water service pipe is installed and connected with
the water system, or should the work be improperly done, the City shall have the right to
finish or correct the work, and the Council shall assess the costs to the property owner or
contractor responsible for the installation. If the contractor is assessed, the contractor must
pay the costs before receiving another permit. If the property owner is assessed, such
assessment may be collected with and in the same manner as general property taxes.
(Code of Iowa, Sec. 364.12[3a & h])
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CHAPTER 90
90.16 SHUTTING OFF WATER SUPPLY. The Superintendent or an authorized
assistant may shut off the supply of water to the customer without notice because of any
substantial violation of this chapter or valid regulation or when the customer is found to be
using water-consuming equipment in a manner adversely affecting the utility’s system or its
ability to serve others, such as cross-connections, back-siphonage, wastage to the extent of
drastically reducing water pressure, or any other action so affecting the safety or proper
operation of the system. The water supply shall not be restored until the customer has
corrected the condition.
90.17 OPERATION OF CURB VALVE. It is unlawful for any person except Water
Department personnel or an authorized contractor for the periodic maintenance of private
plumbing on the property to turn water on or off at the curb valve. No person shall take any
action contrary to the orders of the Superintendent and shall leave the water off or on, as
directed by the Superintendent.
90.18 FIRE HYDRANTS.
No person, unless specifically authorized by the
Superintendent, shall open or attempt to draw water from any fire hydrant for any purpose
whatsoever. No person shall obstruct in any way easy accessibility of a fire hydrant by
placing material of any kind, fences or temporary structures, trenches or holes making it
dangerous to fire fighters in connecting to the fire hydrant or impair the access of a fire
hydrant in any way. It is unlawful for any person except members of the fire department and
the Water Department to have in their possession a fire hydrant key, wrench or connections to
use hydrants for the purpose of opening and closing hydrants.
90.19 BACKFLOW PREVENTION VALVE. A backflow prevention valve meeting City
specifications may be installed on the customer’s side of the water meter for each new service
pipe and any service pipe which is repaired or replaced. There is no grandfather clause on
anything related to cross-connection and/or backflow. All units must comply, regardless of
age. The City has adopted the IPC and State Codes, whichever is of higher degree on all
codes that are related to but not limited to all that pertain to cross-connection and/or
backflow. The owner, plumber or person working on a potable water service also needs to
conform to all codes in effect including the following:
1.
All services connected to the City water distribution system must do a hazard
survey. After making a hazard survey, the owner of the service shall report to the
City Water Department the degree of the hazard and shall give the address, type of
backflow prevention unit used, date of installation and initial tests done by a certified
tester approved by the City. The owner shall provide a copy of the test to be filed by
the City for dates to determine future tests and to have available for State and Federal
government officials to check and also for citizens who may be interested in the test.
Hazard charts are posted and available at City Hall and at the Water Department.
2.
All tests done on any backflow device or assembly must be tested by a
certified tester with a current license from the Iowa Department of Health or
approved state department of another state and also by the City.
3.
All tests will be done using an approved form with three (3) copies, one for
the City, one for the owner, and one for the tester.
4.
All backflow prevention assemblies and devices will be installed so they are
readily accessible as defined in the IPC 608.14 so to make testing without any
interference and also height requirements as in the IPC 608.13.
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CHAPTER 90
5.
All machinery and/or equipment that comes equipped with a backflow device
in the unit must have the backflow device installed so it also is readily accessible. If
it does not, a whole different unit must be installed as close as possible to the unit so
as to make for a testable site. (This would apply to CO2 fountains and other apparatus
that may apply.)
6.
Water softeners, reverse osmosis and other apparatus that may be a hazard of
a cross-connection shall maintain a proper air gap when discharging to a drain.
7.
Whenever a backflow device is used and closes a system where pressure
changes could take place, an expansion or bladder device must be used to protect the
system from water hammer or excessive pressure.
8.
Booster Pump.
A.
No person shall install or maintain a water service connection to any
premises where a booster pump has been installed on a service line to or
within such premises, unless the booster pump is equipped with a low
pressure cut-off designed to shut off the booster pump when the pressure in
the service line on the suction side of the pump drops below twenty (20)
pounds per square inch gauge or less.
B.
It is the duty of the water customer to maintain the low pressure cutoff device in working order.
9.
Violations.
A.
The water purveyor shall deny or discontinue, after notice to the
customer thereof, the water service to any premises wherein:
(1)
Any backflow prevention device required by this section
which includes the IPC and State codes with automatic updates
thereof, is not installed or maintained in a manner acceptable by the
City.
(2)
It is found that the backflow prevention device has been
removed or bypassed.
(3)
An unprotected cross-connection exists on the premises.
(4)
A low-pressure cut-off booster pump is not installed properly
or maintained in working order.
(5)
The Water Superintendent is denied entry to determine
compliance with these regulations.
B.
The Water Superintendent shall immediately deny or discontinue,
without notice to the customer thereof, the water service to any premises
wherein a service cross-connection exists which constitutes an immediate
threat to the safety of the public water system. The Water Superintendent
shall notify the customer within twenty-four (24) hours of the denial or
disconnection of service.
C.
Water service to such premises shall not be restored until the
customer has corrected or eliminated such conditions or defects in
conformance with these regulations and to the satisfaction of the Water
Superintendent.
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CHAPTER 90
90.20 DAMAGING WATER PROPERTY. It is unlawful to break, injure, mar or deface,
interfere with or disturb any building, machinery, apparatus, fixtures, hydrants, attachments,
or appurtenances of the water system or any public or private hydrant or water trough, or
stop-cock box, meter, water supply or service pipe or any part thereof, or deposit anything in
any stop-cock box, or commit any act tending to obstruct or impair the intended use of any of
the above-mentioned property, without permission of the proper authorities or excepting cases
herein or otherwise provided by ordinance.
90.21 OWNER RESPONSIBLE FOR PIPES AND FIXTURES. The Water Department
will not be responsible for private water pipes and/or fixtures. All owners must, at their own
expense, keep their service pipe from the point of connection with the City mains to their
premises, and all other apparatus, in good working order, free from unmetered leaks and
properly protected from frost and other danger. If leaks develop, the owner must at the
owner’s own expense repair the leak. Once a leak is identified by the City, oral or written
notice will be given to the property owner and the notice will provide the owner with a
reasonable time within which to repair the service pipe. If in the opinion of the
Superintendent the owner is negligent in repairing unmetered water leaks, the Superintendent
may order the work performed at once and all costs of such work shall be charged to and paid
by the owner. In the event of ongoing leakage in a service line, a daily charge set by Council
resolution will be assessed for the usage of unmetered water. No claims shall be made against
the City by reason of the breaking of any of the service pipes or apparatus or from any other
damage that may result from shutting off water for repairing or any other purpose, or for any
variation in pressure. No reduction will be made from regular rates because of leaking pipes
or fixtures.
90.22 LIABILITY OF CITY. The City shall not be responsible for accidents resulting
from insecure boilers or from variation in the water pressure, or the ram of the water from the
mains, or from collapse from any cause whatever.
90.23 NONPUBLIC WATER WELLS PROHIBITED. No nonpublic well or water
supply shall be installed where a public water supply system is reasonably accessible to the
landowner. The determination of accessibility shall be made by the City Administrator. In
the event the City Administrator determines the property is not accessible to a public water
supply system, or if there is clear and convincing evidence that the accessible public water
supply is inadequate to meet the needs of the landowner, then a variance from this prohibition
may be obtained from the variance board if a well permit is obtained pursuant to State law or
County ordinance.
90.24 LAWN WATERING RESTRICTIONS. Upon resolution of the Council that a
water shortage event is taking place, restrictions upon the irrigation or watering of residential,
commercial and industrial lawns shall be applied.
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CHAPTER 91
WATER METERS
91.01
91.02
91.03
91.04
91.05
91.06
Purpose
Water Use Metered
Fire Sprinkler Systems- Exception
Location of Meters
Meter Setting
Meter Repairs
91.07
91.08
91.09
91.10
91.11
Right of Entry
Meter Connection Fee
Meter Testing
Outside Water Usage Meters
Charges When Meters Fail to Register
91.01 PURPOSE. The purpose of this chapter is to encourage the conservation of water
and facilitate the equitable distribution of charges for water service among customers.
91.02 WATER USE METERED. All water furnished customers shall be measured
through meters available through the City and installed by City personnel or an authorized
agent.
91.03 FIRE SPRINKLER SYSTEMS - EXCEPTION. Fire sprinkler systems may be
connected to water mains by direct connection without meters under the direct supervision of
the Superintendent. No open connection can be incorporated in the system, and there shall be
no valves except a main control valve at the entrance to the building which must remain in the
open position. The charge for a fire sprinkler system shall be set by Council resolution.
91.04 LOCATION OF METERS. All meters shall be so located that they are easily
accessible and protected from freezing.
91.05 METER SETTING. The property owner shall provide all necessary piping and
fittings for proper setting of the meter including a valve on the discharge side of the meter.
Meter pits will not be allowed unless prior written permission is given by the Superintendent.
91.06 METER REPAIRS. Whenever a water meter owned by the City is found to be out
of order the Superintendent shall have it repaired. If it is found that damage to the meter has
occurred due to the carelessness or negligence of the customer or property owner, or the
meter is not owned by the City, then the property owner shall be liable for the cost of repairs.
Service calls resulting from improper meter installation shall be billed to the customer or
property owner, based on fees established by resolution of the Council.
91.07 RIGHT OF ENTRY. The Superintendent or designee shall be permitted to enter the
premises of any customer at any reasonable time to read, remove, or change a meter. The
City reserves the right to set or remove a meter or change its location whenever it is deemed
advisable to do so.
91.08 METER CONNECTION FEE. There shall be a fee charged to the property owner
for each new connection of a water meter in accordance with the schedule of such fees
approved by resolution of the Council. Meter connection fees shall be billed when a meter is
set by Water Department personnel or authorized agent unless other prior arrangements are
made with the Superintendent.
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CHAPTER 91
WATER METERS
91.09 METER TESTING. The Superintendent or any designee shall make a test of the
accuracy of any water meter at any time when requested in writing. If it is found that such
meter overruns to the extent of 5% or more, the cost of the test shall be paid by the City and a
refund shall be made to the customer for overcharges collected since the last known date of
accuracy, but not more than 5% of the total water bill and not for a longer period than 3
months. If the meter is found to be accurate or slow or less than 5% fast, the user shall pay a
testing charge set by resolution of the Council.
91.10 OUTSIDE WATER USAGE METERS. The City will install a second meter for
outside water usage in accordance with the guidelines set by the City Administrative Policy
for Water Meters and in such a way that it can be easily determined that only water used
outside and not going into the sanitary sewer system is running through the meter. The
plumber shall notify the Superintendent when the plumbing has been installed and is ready for
meter installation by the City. No person shall intentionally break the seal on a water meter
that has been sealed by the City Water Department. If a seal is accidentally broken, the owner
shall report the incident to the City Water Department within twenty-four (24) hours. There
shall be a fee charged to the property owner for this service in accordance with the schedule
of such fees approved by resolution of the Council.
91.11 CHARGES WHEN METERS FAIL TO REGISTER. In cases where meters fail
to register the amount of water passing through them by being stopped up or from any cause
whatever, the quantity used shall be determined and the charge made based upon the same
period from the previous year.
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CHAPTER 92
WATER RATES
92.01
92.02
92.03
92.04
92.05
92.06
Service Charges
Rates For Service
Rates Outside the City
Billing for Water Service
Service Discontinued
Lien for Nonpayment
92.07
92.08
92.09
92.10
92.11
Lien Exemption
Lien Notice
Customer Deposits
Temporary Vacancy
Construction Purposes
92.01 SERVICE CHARGES. Each customer shall pay for water service provided by the
City based upon use of water as determined by meters provided for in Chapter 91. Each
location, building, premises or connection shall be considered a separate and distinct
customer whether owned or controlled by the same person or not.
92.02 RATES FOR SERVICE. Water service shall be furnished at the following monthly
rates within the City:
(Effective with monthly bills after January 1 of respective year.)
Gallons Used Per Month
2014 Rate
First 2,000 gallons
$
6.50
Next 32,000 gallons
$
2.50
Next 135,000 gallons
$
1.60
All Over 169,000 gallons
$
1.30
Minimum Bill
$ 13.00
Unmetered Fire Sprinkler System
$ 31.00
All meters shall be City-owned. Private Meters shall be discontinued.
92.03 RATES OUTSIDE THE CITY. Water service shall be provided to any customer
located outside the corporate limits of the City which the City has agreed to serve at two times
the rates listed in Section 92.02, with a 2,000-gallon minimum. No such customer, however,
will be served unless the customer shall have signed a service contract agreeing to be bound
by the ordinances, rules, and regulations applying to water service established by the Council.
(Code of Iowa, Sec. 364.4 & 384.84)
92.04 BILLING FOR WATER SERVICE. Water service shall be billed as part of a
combined service account, payable in accordance with the following:
1.
Bills Issued. The Clerk shall prepare and issue bills for combined service
accounts within ten (10) days of monthly meter reading.
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CHAPTER 92
WATER RATES
2.
Bills Payable. Bills for combined service accounts shall be due and payable
at the office of the Clerk by the date specified on the bill.
3.
Late Payment Penalty. Bills not paid when due shall be considered
delinquent. A one-time late payment penalty of one and one-half percent (1½%) of
the amount due shall be added to each delinquent bill.
92.05 SERVICE DISCONTINUED. Water service to delinquent customers shall be
discontinued in accordance with the following:
1.
Notice. The Clerk shall notify each delinquent customer that service will be
discontinued if payment of the combined service account, including late payment
charges, is not received by the date specified in the notice of delinquency. Such
notice shall be sent by ordinary mail to the customer in whose name the delinquent
charges were incurred and shall inform the customer of the nature of the delinquency
and afford the customer the opportunity for a hearing prior to the discontinuance.
2.
Notice to Landlords. If the customer is a tenant, and if the owner or landlord
of the property or premises has made a written request for notice, the notice of
delinquency shall also be given to the owner or landlord. If the customer is a tenant
and requests a change of name for service under the account, such request shall be
sent to the owner or landlord of the property if the owner or landlord has made a
written request for notice of any change of name for service under the account to the
rental property.
3.
Hearing. If a hearing is requested by noon of the day preceding the shut off,
the Utilities Board shall conduct an informal hearing and shall make a determination
as to whether the disconnection is justified. The Utilities Board shall be made up of
the City Administrator, Water Department Superintendent, Wastewater Department
Superintendent, City Utility Bookkeeper and a member from the City Council
appointed by the Mayor each fiscal year. Board members shall attend hearings when
requested by a delinquent account holder and determine a course of action in response
to the delinquent account. The City Attorney will serve as advisor to this Board.
4.
Fees. A reconnection fee set by resolution of the Council shall be charged at
the time of or before reconnection where separate disconnection and reconnection
trips are made necessary before payment is rendered and service is to be restored to
the delinquent customer. No reconnection fee or service fee shall be charged for the
usual or customary trips in the regular changes in occupancies of property, whether or
not the meter is removed for the safety of the meter.
92.06 LIEN FOR NONPAYMENT. The owner of the premises served and any lessee or
tenant thereof shall be jointly and severally liable for water service charges to the premises.
Water service charges remaining unpaid and delinquent shall constitute a lien upon the
premises served and shall be certified by the Clerk to the County Treasurer for collection in
the same manner as property taxes.
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WATER RATES
92.07 LIEN EXEMPTION.
1.
Water Service Exemption. The lien for nonpayment shall not apply to
charges for water service to a residential or commercial rental property where water
service is separately metered and the rates or charges for the water service are paid
directly to the City by the tenant, if the landlord gives written notice to the City that
the property is residential or commercial rental property and that the tenant is liable
for the rates or charges. The City may require a deposit not exceeding the usual cost
of ninety (90) days of such services to be paid to the City. When the tenant moves
from the rental property, the City shall refund the deposit if all service charges are
paid in full. The lien exemption does not apply to delinquent charges for repairs
related to any of the services.
2.
Other Service Exemption. The lien for nonpayment shall also not apply to
the charges for any of the services of sewer systems, storm water drainage systems,
sewage treatment, solid waste collection, and solid waste disposal for a residential
rental property where the charge is paid directly to the City by the tenant, if the
landlord gives written notice to the City that the property is residential rental property
and that the tenant is liable for the rates or charges for such service. The City may
require a deposit not exceeding the usual cost of ninety (90) days of such services to
be paid to the City. When the tenant moves from the rental property, the City shall
refund the deposit if all service charges are paid in full. The lien exemption does not
apply to delinquent charges for repairs related to any of the services.
3.
Written Notice. The landlord’s written notice shall contain the name of the
tenant responsible for charges, the address of the residential or commercial rental
property that the tenant is to occupy, and the date that the occupancy begins. Upon
receipt, the City shall acknowledge the notice and deposit. A change in tenant for a
residential rental property shall require a new written notice to be given to the City
within thirty (30) business days of the change in tenant. A change in tenant for a
commercial rental property shall require a new written notice to be given to the City
within ten (10) business days of the change in tenant. A change in the ownership of
the residential rental property shall require written notice of such change to be given
to the City within thirty (30) business days of the completion of the change of
ownership. A change in the ownership of the commercial rental property shall
require written notice of such change to be given to the City within ten (10) business
days of the completion of the change of ownership.
92.08 LIEN NOTICE. A lien for delinquent water service charges shall not be certified to
the County Treasurer unless prior written notice of intent to certify a lien is given to the
customer in whose name the delinquent charges were incurred. If the customer is a tenant and
if the owner or landlord of the property or premises has made a written request for notice, the
notice shall also be given to the owner or landlord. The notice shall be sent to the appropriate
persons by ordinary mail not less than thirty (30) days prior to certification of the lien to the
County Treasurer.
92.09 CUSTOMER DEPOSITS. There shall be required from every customer served a
deposit set by resolution of the Council intended to guarantee the payment of bills for service.
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WATER RATES
This deposit will be required from all residential and commercial customers making application
for water service, and the Clerk’s office will hold the deposit for twelve (12) months. If within
the twelve-month time period the customer has not been delinquent on paying the water utility
bill more than one time, the deposit will be refunded to the customer. If, however, the customer
has been delinquent more than one time in the 12 months, the Clerk’s office will hold the
deposit another 12 months from the date of the last delinquency and the above procedure will
again be used. A deposit will again be required if a customer’s service is terminated for
nonpayment. In addition to the deposit, new customers will also pay a nonrefundable
connection fee, set by resolution of the Council, prior to service being initiated.
92.10 TEMPORARY VACANCY. A property owner may request water service be
temporarily discontinued and the meter pulled when the property is expected to be vacant for
an extended period of time. There shall be a reconnection fee, set by resolution of the
Council, when service is restored. During a period when service is temporarily discontinued
as provided herein there shall be no monthly minimum service charge.
92.11 CONSTRUCTION PURPOSES. The amount to be paid by contractors, builders or
others desiring water for building purposes shall be based upon the rates fixed by the Water
Department. Water use will be limited to the building site and/or the address of the site given
permission of use only. All construction purpose uses must be approved in writing by the
Superintendent before use will be permitted. Cross-connection and backflow regulations will
apply for safety of the City water system.
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CHAPTER 93
EXTENSION OF WATER MAINS AND SERVICE
93.01
93.02
93.03
93.04
Extension Provisions
City Ownership
Voluntary Annexation
Location of Extensions
93.05 Connection Charge
93.06 Connection Charge Deferment
93.07 Special Service Lines
93.01 EXTENSION PROVISIONS. Except as otherwise specifically provided by the
provisions of this chapter and approved by the Council:
1.
All premises receiving water service from the municipal water system of the
City shall be annexed to the City, if applicable, and the continued provision of water
service to any such premises within the exclusive service area of the municipal water
system shall require, as a minimum, the voluntary consent of the owner of such
premises to the annexation thereof to the City.
2.
Water service shall be provided within the exclusive service area of the
municipal water system pursuant to water main extensions into the exclusive service
area where water service has not previously been available. Private water lines may
then be connected to such water main extensions as approved by the City in the same
manner as connections are made to the municipal water system elsewhere in the City.
3.
All water main extensions of the municipal water system shall be constructed
in compliance with the standards of the Iowa Department of Natural Resources
(DNR), the Insurance Services Office (ISO), and other Federal, State or local
regulations adopted by the City or applicable to the municipal water system of the
City.
4.
All water main extensions shall include the installation of fire hydrants,
valves, and other safety and maintenance apparatus as required by the City, DNR, or
consistent with ISO or other standards applicable to or adopted by the City.
93.02 CITY OWNERSHIP. All water main extensions shall be incorporated into and
become part of the municipal water system of the City. Said water main extensions shall be
owned solely by the City, and said water main extensions shall be sized and designed by or in
behalf of the City. The City, solely, shall determine whether or not to construct a water main
extension and when any such water main extension shall be constructed.
93.03 VOLUNTARY ANNEXATION. As a prerequisite to receiving water service from
the municipal water system, the owner of any premises located outside the corporate limits of
the City may, if applicable, be required to consent to the annexation (voluntary annexation) of
such premises served or to be served by the municipal water system. Such consent may be
contingent upon the actual construction of a water main extension from the municipal water
system so as to make water service available to the premises, but such consent shall otherwise
be irrevocable, and annexation may be finalized by the Council once water service has been
made available to the premises. Any consent to annexation given by the owner of a premises
pursuant to this chapter shall not require the City to annex said premises.
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CHAPTER 93
93.04 LOCATION OF EXTENSIONS. All water main extensions to the municipal water
system of the City shall be located in public right-of-way or in approved easements granted to
the City for such purpose.
93.05 CONNECTION CHARGE. The cost of water main extensions to the municipal
water system shall be paid by the property owners to be benefited thereby through the
availability of water service from the municipal water system. These costs shall be paid in the
form of a special connection charge in addition to the standard tapping fees of the City for
service line connections. The special connection charge shall be paid directly to the City
either in a lump sum or in installments computed pursuant to an assessment schedule and rate
to be determined by the City in such manner as is used in the instance of special assessments
for street and other purposes within the City. The costs shall be borne by all of the benefited
premises within the exclusive service area of the municipal water system benefited by such
water main extension, whether located within or outside the corporate limits of the City.
There shall be no agricultural deferments as are otherwise provided pursuant to the formal
special assessment procedure of Chapter 384 of the Code of Iowa. As an alternative to the
foregoing, the City reserves the right to implement the formal procedures for special
assessments pursuant to Chapter 384 of the Code of Iowa.
93.06 CONNECTION CHARGE DEFERMENT. The City may determine deferments of
the payment of the cost of water main extensions within the exclusive service area of the
municipal water system for agricultural premises, for premises not intending to receive water
service from the municipal water system, or other reasons as determined by the City. In such
instances, the specific reason for deferment shall be set forth in writing, and upon future
connection of such premises to the municipal water system, annexation of such premises, or
other occurrences which eliminate the underlying reason for deferral, the special connection
charge shall immediately become due and payable in full, including accrued interest for the
full assessment period.
93.07 SPECIAL SERVICE LINES. The City reserves the right to approve special service
line extensions within the exclusive service area of the municipal water system in lieu of an
actual water main extension and as a temporary measure. Such service lines shall be
temporary in nature and shall be promptly disconnected and connection made to a permanent
water main upon the construction and availability thereof for making service connections to
any premises, all as determined by the City. Any such service line shall be owned by the
owner of the premises served thereby, and the same shall be treated as any other service line
connection to the municipal water system, and subject to the following:
1.
The special service line may be located in public right-of-way of the City or
otherwise as approved by the government or government agency having jurisdiction
thereof.
2.
A meter pit, valve, water meter or meters, and other appropriate apparatus
and equipment, as determined by the City, shall be located in close proximity to the
connection to the water main or mains of the municipal water system. The City shall
have full right of ingress and egress over adjacent premises, by easement, or
otherwise as approved by the City, to inspect, maintain, or otherwise provide for the
same.
3.
The City reserves the right to interrupt or terminate water service, without
notice, to special service lines due to leaks or other maintenance problems, conditions
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CHAPTER 93
which may result in the contamination of the municipal water system, or water
shortages or pressure reductions within the municipal water system, all without
notice.
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CHAPTER 95
SANITARY SEWER SYSTEM
95.01
95.02
95.03
95.04
95.05
Purpose
Definitions
Superintendent
Prohibited Acts
Sewer Connection Required
95.06
95.07
95.08
95.09
Service Outside the City
Right of Entry
Use of Easements
Special Penalties
95.01 PURPOSE. The purpose of the chapters of this Code of Ordinances pertaining to
Sanitary Sewers is to establish rules and regulations governing the treatment and disposal of
sanitary sewage within the City in order to protect the public health, safety and welfare.
95.02 DEFINITIONS. For use in these chapters, unless the context specifically indicates
otherwise, the following terms are defined:
1.
“BOD” (denoting Biochemical Oxygen Demand) means the quantity of
oxygen utilized in the biochemical oxidation of organic matter under standard
laboratory procedure in five (5) days at twenty (20) degrees C., expressed in
milligrams per liter or parts per million.
2.
“Building drain” means that part of the lowest horizontal piping of a drainage
system which receives the discharge from soil, waste, and other drainage pipes inside
the walls of the building and conveys it to the building sewer, beginning five (5) feet
(1.5 meters) outside the inner face of the building wall.
(IAC, 567-69.3[1])
3.
“Building sewer” means the extension from the building drain to the public
sewer or other place of disposal.
(IAC, 567-69.3[1])
4.
“CBOD” (denoting Carbonaceous Biochemical Oxygen Demand) means the
amount of oxygen consumed in the biological processes that break down
carbonaceous organic matter in water by aerobic biochemical action in five (5) days
at twenty degrees (20º) C.
5.
“Combined sewer” means a sewer receiving both surface run-off and sewage.
6.
“Customer” means any person responsible for the production of domestic,
commercial or industrial waste which is directly or indirectly discharged into the
public sewer system.
7.
“Garbage” means solid wastes from the domestic and commercial
preparation, cooking, and dispensing of food, and from the handling, storage and sale
of produce.
8.
“Industrial wastes” means the liquid wastes from industrial manufacturing
processes, trade, or business as distinct from sanitary sewage.
9.
“Inspector” means the person duly authorized by the Council to inspect and
approve the installation of building sewers and their connections to the public sewer
system; and to inspect such sewage as may be discharged therefrom.
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CHAPTER 95
10.
“Natural outlet” means any outlet into a watercourse, pond, ditch, lake, or
other body of surface or groundwater.
11.
“On-site wastewater treatment and disposal system” means all equipment and
devices necessary for proper conduction, collection, storage, treatment, and disposal
of wastewater from a dwelling or other facility serving the equivalent of fifteen
persons (1500 gpd) or less.
12.
“pH” means the logarithm of the reciprocal of the weight of hydrogen ions in
grams per liter of solution.
13.
“Public sewer” means a sewer in which all owners of abutting properties have
equal rights, and is controlled by public authority.
14.
“Sanitary sewage” means sewage discharging from the sanitary conveniences
of dwellings (including apartment houses and hotels), office buildings, factories or
institutions, and free from storm, surface water, and industrial waste.
15.
“Sanitary sewer” means a sewer which carries sewage and to which storm,
surface, and groundwaters are not intentionally admitted.
16.
“Sewage” means a combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together with such
ground, surface, and storm waters as may be present.
17.
“Sewage treatment plant” means any arrangement of devices and structures
used for treating sewage.
18.
“Sewage works” or “sewage system” means all facilities for collecting,
pumping, treating, and disposing of sewage.
19.
“Sewer” means a pipe or conduit for carrying sewage.
20.
“Sewer service charges” means any and all charges, rates or fees levied
against and payable by customers, as consideration for the servicing of said customers
by said sewer system.
21.
“Slug” means any discharge of water, sewage, or industrial waste which in
concentration of any given constituent or in quantity of flow exceeds for any period
of duration longer than fifteen (15) minutes more than five (5) times the average
twenty-four (24) hour concentration or flows during normal operation.
22.
“Storm drain” or “storm sewer” means a sewer which carries storm and
surface waters and drainage but excludes sewage and industrial wastes, other than
unpolluted cooling water.
23.
“Superintendent” means the Superintendent of sewage works and/or of water
pollution control of the City or any authorized deputy, agent, or representative.
24.
“Suspended solids” means solids that either float on the surface of, or are in
suspension in water, sewage, or other liquids, and which are removable by laboratory
filtering.
25.
“Watercourse” means a channel in which a flow of water occurs, either
continuously or intermittently.
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CHAPTER 95
95.03 SUPERINTENDENT. The Superintendent shall exercise the following powers and
duties:
1.
Operation and Maintenance. Operate and maintain the City sewage system.
2.
Inspection and Tests. Conduct necessary inspections and tests to assure
compliance with the provisions of these Sanitary Sewer chapters.
3.
Records. Maintain a complete and accurate record of all sewers, sewage
connections and manholes constructed showing the location and grades thereof.
95.04 PROHIBITED ACTS. No person or entity shall do, or allow, any of the following:
1.
Damage Sewer System. Maliciously, willfully, or negligently break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance or equipment
which is a part of the sewer system.
2.
Surface Run-off or Groundwater. Connect a roof downspout, sump pump,
exterior foundation drain, areaway drain, or other source of surface run-off or
groundwater to a building sewer or building drain which in turn is connected directly
or indirectly to a public sanitary sewer.
3.
Manholes. Open or enter any manhole of the sewer system, except by
authority of the Superintendent.
4.
Objectionable Wastes. Place or deposit in any unsanitary manner on public
or private property within the City, or in any area under the jurisdiction of the City,
any human or animal excrement, garbage, or other objectionable waste.
5.
Septic Tanks. Construct or maintain any privy, privy vault, septic tank,
cesspool, or other facility intended or used for the disposal of sewage except as
provided in these chapters.
6.
Untreated Discharge. Discharge to any natural outlet within the City, or in
any area under its jurisdiction, any sanitary sewage, industrial wastes, or other
polluted waters, except where suitable treatment has been provided in accordance
with subsequent provisions of these chapters.
95.05 SEWER CONNECTION REQUIRED. The owners of any houses, buildings, or
properties used for human occupancy, employment, recreation or other purposes, situated
within the City and abutting on any street, alley or right-of-way in which there is now located,
or may in the future be located, a public sanitary or combined sewer, are hereby required to
install, at such owner’s expense, suitable toilet facilities therein and a building sewer
connecting such facilities directly with the proper public sewer, and to maintain the same all
in accordance with the provisions of these Sanitary Sewer chapters, such compliance to be
completed within sixty (60) days after date of official notice from the City to do so provided
that said public sewer is located within one hundred (100) feet (30.5 meters) of the property
line of such owner and is of such design as to receive and convey by gravity such sewage as
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CHAPTER 95
may be conveyed to it. Billing for sanitary sewer service will begin the date of official notice
to connect to the public sewer.
(Code of Iowa, Sec. 364.12 [3f])
(IAC, 567-69.1[3])
95.06 SERVICE OUTSIDE THE CITY. The owners of property outside the corporate
limits of the City so situated that it may be served by the City sewer system may apply to the
Council for permission to connect to the public sewer upon the terms and conditions
stipulated by resolution of the Council.
(Code of Iowa, Sec. 364.4 [2 & 3])
95.07 RIGHT OF ENTRY. The Superintendent and other duly authorized employees of
the City bearing proper credentials and identification shall be permitted to enter all properties
for the purposes of inspection, observation, measurement, sampling, and testing in accordance
with the provisions of these Sanitary Sewer chapters. The Superintendent or representatives
shall have no authority to inquire into any processes including metallurgical, chemical, oil,
refining, ceramic, paper, or other industries beyond that point having a direct bearing on the
kind and source of discharge to the sewers or waterways or facilities for waste treatment.
95.08 USE OF EASEMENTS. The Superintendent and other duly authorized employees
of the City bearing proper credentials and identification shall be permitted to enter all private
properties through which the City holds a duly negotiated easement for the purposes of, but
not limited to, inspection, observation, measurement, sampling, repair, and maintenance of
any portion of the sewage works lying within said easement. All entry and subsequent work,
if any, on said easement, shall be done in full accordance with the terms of the duly
negotiated easement pertaining to the private property involved.
95.09 SPECIAL PENALTIES. The following special penalty provisions shall apply to
violations of these Sanitary Sewer chapters:
1.
Notice of Violation. Any person found to be violating any provision of these
chapters except subsections 1, 3 and 4 of Section 95.04, shall be served by the City
with written notice stating the nature of the violation and providing a reasonable time
limit for the satisfactory correction thereof. The offender shall, within the period of
time stated in such notice, permanently cease all violations.
2.
Continuing Violations. Any person who shall continue any violation beyond
the time limit provided for in subsection 1 hereof shall be in violation of this Code of
Ordinances. Each day in which any such violation shall continue shall be deemed a
separate offense.
3.
Liability Imposed. Any person violating any of the provisions of these
chapters shall become liable to the City for any expense, loss, or damage occasioned
the City by reason of such violation.
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CHAPTER 96
BUILDING SEWERS AND CONNECTIONS
96.01
96.02
96.03
96.04
96.05
Permit
Permit Fee
Plumber Required
Connection Requirements
Sewer Tap
96.06
96.07
96.08
96.09
Inspection Required
Property Owner’s Responsibility
Abatement of Violations
Abandoned Connections
96.01 PERMIT. No unauthorized person shall uncover, make any connection with or
opening into, use, alter or disturb any public sewer or appurtenance thereof without first
obtaining a written permit from the City. The application for the permit shall set forth the
location and description of the property to be connected with the sewer system and the
purpose for which the sewer is to be used, and shall be supplemented by any plans,
specifications, or other information considered pertinent. The permit shall require the owner
to complete construction and connection of the building sewer to the public sewer within
sixty (60) days after the issuance of the permit, except that when a property owner makes
sufficient showing that due to conditions beyond the owner’s control or peculiar hardship,
such time period is inequitable or unfair, an extension of time within which to comply with
the provisions herein may be granted. Any sewer connection permit may be revoked at any
time for a violation of these chapters.
96.02 PERMIT FEE. The person who makes the application shall pay a fee to the Clerk in
an amount set by resolution of the Council to cover the cost of issuing the permit and
supervising, regulating, and inspecting the work.
96.03 PLUMBER REQUIRED. All installations of building sewers and connections to
the public sewer shall be made by a State-licensed plumber. The Superintendent shall have
the power to suspend the approval of any such individual for violation of any of the
provisions of these Sanitary Sewer chapters; a suspension, unless revoked, shall continue until
the next regular meeting of the Council. The Superintendent shall notify the individual
immediately by personal written notice of the suspension, the reasons for the suspension, and
the time and place of the Council meeting at which the individual will be granted a hearing.
At this Council meeting the Superintendent shall make a written report to the Council stating
the reasons for the suspension, and the Council, after fair hearing, shall affirm or revoke the
suspension or take any further action that is necessary and proper. The individual shall
provide a surety bond in the minimum sum as set by resolution of the Council, secured by a
responsible surety bonding company authorized to operate within the State, conditioned to
indemnify and save the City harmless against all losses or damages that may arise from or be
occasioned by the making of connections with the public sewers or excavations therefor or by
carelessness, negligence or unskillfulness in making the same. Such bond shall remain in
force and must be executed for a period of one year except that on such expiration it shall
remain in force as to all penalties, claims and demands that may have accrued thereunder
prior to such expiration. In lieu of a surety bond, a cash deposit as set by resolution of the
Council may be filed with the City.
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CHAPTER 96
BUILDING SEWERS AND CONNECTIONS
96.04 CONNECTION REQUIREMENTS. The installation of the building sewer and its
connection to the public sewer shall conform to the requirements of the State Plumbing Code,
the laws of the State and other applicable rules and regulations of the City.
96.05 SEWER TAP. Connection of the building sewer into the public sewer shall be made
at the “Y” branch, if such branch is available at a suitable location. If no properly located
“Y” branch is available, a saddle “Y” shall be installed at the location specified by the
Superintendent. The public sewer shall be tapped with a tapping machine and a saddle
appropriate to the type of public sewer shall be glued or attached with a gasket and stainless
steel clamps to the sewer. At no time shall a building sewer be constructed so as to enter a
manhole unless special written permission is received from the Superintendent and in
accordance with the Superintendent’s direction if such connection is approved. Tapping fees
are set by Council resolution.
96.06 INSPECTION REQUIRED. No building sewer shall be covered, concealed, or put
into use until it has been tested, inspected and accepted as prescribed in the State Plumbing
Code.
96.07 PROPERTY OWNER’S RESPONSIBILITY. All costs and expenses incident to
the installation, connection and maintenance of the building sewer shall be borne by the
owner. The owner shall indemnify the City from any loss or damage that may directly or
indirectly be occasioned by the installation of the building sewer.
96.08 ABATEMENT OF VIOLATIONS. Construction or maintenance of building sewer
lines whether located upon the private property of any owner or in the public right-of-way,
which construction or maintenance is in violation of any of the requirements of this chapter,
shall be corrected, at the owner’s expense, within thirty (30) days after date of official notice
from the Council of such violation. If not made within such time the Council shall, in
addition to the other penalties herein provided, have the right to finish and correct the work
and assess the cost thereof to the property owner. Such assessment shall be collected with
and in the same manner as general property taxes.
96.09 ABANDONED CONNECTIONS. When an existing sewer service is abandoned or
is to be unused, it shall be plugged or capped. A building sewer shall be considered
abandoned or unused unless a building permit for a new structure which requires sewer
service has been applied for. If a building sewer is to be reused, it shall be temporarily
disconnected at the property line or in a manner approved by the Wastewater Superintendent.
This procedure shall be required at the same time the demolition permit is issued. All lines
that are to be plugged or capped must be inspected by the Wastewater Superintendent or the
Assistant Wastewater Superintendent before they are covered or buried.
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CHAPTER 97
USE OF PUBLIC SEWERS
97.01
97.02
97.03
97.04
Storm Water
Surface Waters Exception
Prohibited Discharges
Restricted Discharges
97.05
97.06
97.07
97.08
Restricted Discharges - Powers
Special Facilities
Control Manholes
Testing of Wastes
97.01 STORM WATER. No person shall discharge or cause to be discharged any storm
water, surface water, groundwater, roof run-off, sub-surface drainage, uncontaminated
cooling water, or unpolluted industrial process waters to any sanitary sewer. Storm water and
all other unpolluted drainage shall be discharged to such sewers as are specifically designated
as combined sewers or storm sewers, or to a natural outlet approved by the Superintendent.
Industrial cooling water or unpolluted process waters may be discharged on approval of the
Superintendent, to a storm sewer, combined sewer, or natural outlet. All storm water
drainage shall comply with the Code of Iowa.
97.02 SURFACE WATERS EXCEPTION. Special permits for discharging surface
waters to a public sanitary sewer may be issued by the Council upon recommendation of the
Superintendent where such discharge is deemed necessary or advisable for purposes of
flushing, but any permit so issued shall be subject to revocation at any time when deemed to
the best interests of the sewer system.
97.03 PROHIBITED DISCHARGES. No person shall discharge or cause to be
discharged any of the following described waters or wastes to any public sewers. (Other toxic
or metal wastes may also be prohibited by the Superintendent as deemed necessary):
1.
Flammable or Explosive Material. Any gasoline, benzene, naphtha, fuel oil,
or other flammable or explosive liquid, solid, or gas.
2.
Toxic or Poisonous Materials. Any waters or wastes containing toxic or
poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction
with other wastes, to injure or interfere with any sewage treatment process, constitute
a hazard to humans or animals, create a public nuisance, or create any hazard in the
receiving waters of the sewage treatment plant, including but not limited to cyanides
in excess of two (2) milligrams per liter as CN in the wastes as discharged to the
public sewer.
3.
Corrosive Wastes. Any waters or wastes having a pH lower than 5.5 or
having any other corrosive property capable of causing damage or hazard to
structures, equipment, and personnel of the sewage works.
4.
Solid or Viscous Substances. Solid or viscous substances in quantities or of
such size capable of causing obstruction to the flow in sewers, or other interference
with the proper operation of the sewage works such as, but not limited to, ashes,
cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood,
unground garbage, whole blood, paunch manure, hair and fleshings, entrails and
paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
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CHAPTER 97
5.
Excessive BOD, Solids or Flow. Any waters or wastes having (a) a five (5)
day biochemical oxygen demand greater than three hundred (300) parts per million by
weight, or (b) containing more than three hundred fifty (350) parts per million by
weight of suspended solids, or (c) having an average daily flow greater than two
percent (2%) of the average sewage flow of the City, shall be subject to the review of
the Superintendent. Where necessary in the opinion of the Superintendent, the owner
shall provide, at the owner’s expense, such preliminary treatment as may be necessary
to (a) reduce the biochemical oxygen demand to three hundred (300) parts per million
by weight, or (b) reduce the suspended solids to three hundred fifty (350) parts per
million by weight, or (c) control the quantities and rates of discharge of such waters
or wastes. Plans, specifications, and any other pertinent information relating to
proposed preliminary treatment facilities shall be submitted for the approval of the
Superintendent and no construction of such facilities shall be commenced until said
approvals are obtained in writing.
97.04 RESTRICTED DISCHARGES. No person or industrial contributor shall discharge
or cause to be discharged the following described substances, materials, waters, or wastes if it
appears likely in the opinion of the Superintendent that such wastes can harm either the
sewers, sewage treatment process, or equipment, have an adverse effect on the receiving
stream or can otherwise endanger life, limb, public property, or constitute a nuisance. In
forming an opinion as to the acceptability of these wastes, the Superintendent will give
consideration to such factors as the quantities of subject wastes in relation to flows and
velocities in the sewers, materials of construction of the sewers, nature of the sewage
treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in
the sewage treatment plant, and other pertinent factors. The substances restricted are:
1.
High Temperature. Any liquid or vapor having a temperature higher than one
hundred fifty (150) degrees F (65 degrees C).
2.
Fat, Oil, Grease. Any water or waste containing fats, wax, grease, or oils,
whether emulsified or not, in excess of one hundred (100) milligrams per liter or six
hundred (600) milligrams per liter of dispersed or other soluble matter.
3.
Viscous Substances. Water or wastes containing substances which may
solidify or become viscous at temperatures between thirty-two (32) and one hundred
fifty (150) degrees F (0 and 65 degrees C).
4.
Garbage. Any garbage that has not been properly shredded, that is, to such a
degree that all particles will be carried freely under the flow conditions normally
prevailing in public sewers, with no particle greater than one-half (½) inch in any
dimension.
5.
Acids. Any waters or wastes containing strong acid iron pickling wastes, or
concentrated plating solution whether neutralized or not.
6.
Toxic or Objectionable Wastes. Any waters or wastes containing iron,
chromium, copper, and similar objectionable or toxic substances; or wastes exerting
an excessive chlorine requirement, to such degree that any such material received in
the composite sewage at the sewage treatment works exceeds the limits established by
the Superintendent for such materials, or zinc, arsenic, cadmium, lead, mercury,
molybdenum, nickel, selenium, silver or other wastes containing metals that become
regulated by the U.S. Environmental Protection Agency or the Iowa Department of
Natural Resources.
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7.
Odor or Taste. Any waters or wastes containing phenols or other taste or
odor producing substances, in such concentrations exceeding limits which may be
established by the Superintendent as necessary, after treatment of the composite
sewage, to meet the requirements of state, federal, or other public agencies or
jurisdiction for such discharge to the receiving waters.
8.
Radioactive Wastes. Any radioactive wastes or isotopes of such half-life or
concentration as may exceed limits established by the Superintendent in compliance
with applicable State or Federal regulations.
9.
Excess Alkalinity. Any waters or wastes having a pH in excess of 9.5.
10.
Unusual Wastes. Materials which exert or cause:
A.
Unusual concentrations of inert suspended solids (such as, but not
limited to, Fullers earth, lime slurries, and lime residues) or of dissolved
solids (such as, but not limited to, sodium chloride and sodium sulfate).
B.
Excessive discoloration (such as, but not limited to dye wastes and
vegetable tanning solutions).
C.
Unusual BOD, chemical oxygen demand, or chlorine requirements in
such quantities as to constitute a significant load on the sewage treatment
works.
D.
Unusual volume of flow or concentration of wastes constituting
“slugs” as defined herein.
E.
Excessive amounts of cleaning or sanitizing agents including chlorine
greater than 2 ppm.
11.
Noxious or Malodorous Gases. Any noxious or malodorous gas or other
substance which either singly or by interaction with other wastes is capable of
creating a public nuisance or hazard to life or of preventing entry into sewers for their
maintenance and repair.
12.
Damaging Substances. Any waters, wastes, materials or substances which
react with water or wastes in the sewer system to release noxious gases, develop color
of undesirable intensity, form suspended solids in objectionable concentration or
create any other condition deleterious to structures and treatment processes.
13.
Untreatable Wastes. Waters or wastes containing substances which are not
amenable to treatment or reduction by the sewage treatment processes employed, or
are amenable to treatment only to such degree that the sewage treatment plant effluent
cannot meet the requirements of other agencies having jurisdiction over discharge to
the receiving waters.
97.05 RESTRICTED DISCHARGES - POWERS. If any waters or wastes are
discharged, or are proposed to be discharged to the public sewers, which waters contain the
substances or possess the characteristics enumerated in Section 97.04 and which in the
judgment of the Superintendent may have a deleterious effect upon the sewage works,
processes, equipment, or receiving waters, or which otherwise create a hazard to life or
constitute a public nuisance, the Superintendent may:
1.
Rejection. Reject the wastes by requiring disconnection from the public
sewage system;
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2.
Pretreatment. Require pretreatment to an acceptable condition for discharge
to the public sewers;
3.
Controls Imposed. Require control over the quantities and rates of discharge;
and/or
4.
Special Charges. Require payment to cover the added cost of handling and
treating the wastes not covered by existing taxes or sewer charges under the
provisions of Chapter 99.
97.06 SPECIAL FACILITIES. If the Superintendent permits the pretreatment or
equalization of waste flows, the design and installation of the plants and equipment shall be
subject to the review and approval of the Superintendent and subject to the requirements of all
applicable codes, ordinances, and laws. Where preliminary treatment or flow-equalizing
facilities are provided for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at the owner’s expense.
97.07 CONTROL MANHOLES. When required by the Superintendent, the owner of any
property serviced by a building sewer carrying industrial wastes shall install a suitable control
manhole/sampling structure together with such necessary meters and other appurtenances in
the building sewer to facilitate observation, sampling, and measurement of the wastes. Such
manhole or sampling structure, when required, shall be accessibly and safely located, and
shall be constructed in accordance with plans approved by the Superintendent. The manhole
or sampling structure shall be installed by the owner at the owner’s expense, and shall be
maintained by the owner so as to be safe and accessible at all times.
97.08 TESTING OF WASTES.
All measurements, tests, and analyses of the
characteristics of waters and wastes to which reference is made in this chapter shall be
determined in accordance with the latest edition of “Standard Methods of the Examination of
Water and Wastewater,” published by the American Public Health Association, and shall be
determined at the control manhole provided, or upon suitable samples taken at said control
manhole. In the event that no special manhole has been required, the control manhole shall be
considered to be the nearest downstream manhole in the public sewer to the point at which the
building sewer is connected. Sampling shall be carried out by customarily accepted methods
to reflect the effect of constituents upon the sewage works and to determine the existence of
hazards to life, limb, and property. (The particular analyses involved will determine whether
a twenty-four (24) hour composite of all outfalls of a premises is appropriate or whether a
grab sample or samples should be taken. Normally, but not always, BOD/CBOD and
suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls
whereas pH’s, oil and grease are determined from grab samples).
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ON-SITE WASTEWATER SYSTEMS
98.01
98.02
98.03
98.04
When Prohibited
When Required
Compliance with Regulations
Permit Required
98.05
98.06
98.07
98.08
Discharge Restrictions
Maintenance of System
Systems Abandoned
Disposal of Septage
98.01 WHEN PROHIBITED. Except as otherwise provided in this chapter, it is unlawful
to construct or maintain any on-site wastewater treatment and disposal system or other facility
intended or used for the disposal of sewage.
98.02 WHEN REQUIRED. When a public sanitary sewer is not available under the
provisions of Section 95.05, every building wherein persons reside, congregate or are
employed shall be provided with an approved on-site wastewater treatment and disposal
system complying with the provisions of this chapter.
(IAC, 567-69.1[3])
98.03 COMPLIANCE WITH REGULATIONS. The type, capacity, location and layout
of an on-site wastewater treatment and disposal system shall comply with the specifications
and requirements set forth by the Iowa Administrative Code 567, Chapter 69, and with such
additional requirements as are prescribed by the regulations of the County Board of Health.
(IAC, 567-69.1[3&4])
98.04 PERMIT REQUIRED. No person shall install or alter an on-site wastewater
treatment and disposal system without first obtaining a permit from the County Board of
Health.
98.05 DISCHARGE RESTRICTIONS. It is unlawful to discharge any wastewater from
an on-site wastewater treatment and disposal system (except under an NPDES permit) to any
ditch, stream, pond, lake, natural or artificial waterway, drain tile or to the surface of the
ground.
(IAC, 567-69.1[3])
98.06 MAINTENANCE OF SYSTEM. The owner of an on-site wastewater treatment and
disposal system shall operate and maintain the system in a sanitary manner at all times and at
no expense to the City.
98.07 SYSTEMS ABANDONED. At such time as a public sewer becomes available to a
property served by an on-site wastewater treatment and disposal system, as provided in
Section 95.05, a direct connection shall be made to the public sewer in compliance with these
Sanitary Sewer chapters and the on-site wastewater treatment and disposal system shall be
abandoned and filled with suitable material.
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ON-SITE WASTEWATER SYSTEMS
98.08 DISPOSAL OF SEPTAGE. No person shall dispose of septage from an on-site
treatment system at any location except an approved disposal site.
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SEWER SERVICE CHARGES
99.01
99.02
99.03
99.04
99.05
Purpose
Generation of Revenues by User Charge
Operation, Maintenance and Replacement Fund
Fiscal Year-end Balances
Use of Treatment Works Determined by Water
Meters; Applicability of Rates
99.06 Basis of User Charge
99.07 Minimum Charge
99.08 Rate When Private Water Supply Used
99.09
99.10
99.11
99.12
99.13
99.14
99.15
99.16
Surcharges for Certain Wastewater Customers
Payment of Increased Costs
Payment of Bills
Lien for Nonpayment
Review of System and Revision of Rates
Notification of Rate Change
Reimbursement for Construction of Sewers
Fixed Monthly Capital Cost Charge
99.01 PURPOSE. It is determined and declared to be necessary and conducive to the
protection of the public health, safety, welfare and convenience of the City to collect charges
from all users who contribute wastewater to the City’s treatment works. The proceeds of such
charges so derived will be used for the purpose of operating, maintaining and retiring the debt
for such public wastewater treatment works.
99.02 GENERATION OF REVENUES BY USER CHARGE. The user charge system
shall generate adequate annual revenues to pay costs of annual operation and maintenance
including replacement and costs associated with debt retirement of bonded capital associated
with financing the treatment works which the City may by ordinance designate to be paid by
the user charge system. That portion of the total user charge which is designated for
operation and maintenance including replacement of the treatment works shall leave a balance
of net revenues sufficient to pay the principal of and interest on revenue bonds and pledge
orders as they become due.
99.03 OPERATION, MAINTENANCE AND REPLACEMENT FUND. All portions of
the total user charge collected which is designated for operation and maintenance including
replacement purpose shall remain in sewer fund, in accordance with Code of Iowa Sec.
384.84.
99.04 FISCAL YEAR-END BALANCES. Fiscal year-end balances in the sewer fund
shall be carried over to the sewer fund in the subsequent fiscal year, and shall be used for no
other purposes than those designated for this account. Moneys which have been transferred
from other sources to meet temporary shortages in the sewer fund shall be returned to their
respective accounts upon appropriate adjustment of the user charge rates for operation,
maintenance and replacement. The user charge rate shall be adjusted such that the transferred
moneys will be returned to their respective accounts within the fiscal year following the fiscal
year in which the moneys were borrowed.
99.05 USE OF TREATMENT WORKS DETERMINED BY WATER METERS;
APPLICABILITY OF RATES. Each user shall pay for the services provided by the City
based on said user’s use of the treatment works as determined by water meters acceptable to
the City. The user charge rates established in this chapter apply to all users, regardless of
their location, of the City’s treatment works.
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99.06 BASIS OF USER CHARGE. For residential customers, monthly user charges shall
be based on the water usage for that month. For industrial and commercial customers, user
charges may be based on water used during the current month. If a commercial or industrial
customer has a consumptive use of water, or in some other manner uses water which is not
returned to the wastewater collection system, the user charge for that customer may be based
on a wastewater meter or separate water meter installed and maintained at the customer’s
expense, and in a manner acceptable to the City.
99.07 MINIMUM CHARGE. The minimum charge per month shall be $7.72. In addition,
each customer shall pay a user charge rate for operation and maintenance including
replacement and debt service of $2.1295 per 1,000 gallons of water (or wastewater) as
determined in the preceding section.
99.08 RATE WHEN PRIVATE WATER SUPPLY USED. The charge or rate for the use
of and service rendered by the sewage treatment plant to all contributors of sewage and
industrial wastes, using either a private water supply or a private water supply in addition to
water furnished by the City, or its successor, shall be figured on the following basis: The
quantity of water from such privately owned supplies, used and discharged into the sanitary
utilities, shall be determined to the satisfaction of the City at the expense of the owner. If the
estimated quantity of water from any such supply exceeds fifty (50) gallons per day, the City
may require that such water supply be metered at the expense of the owner. After the quantity
of water from such private water supply or from such private water supply in addition to
water purchased from the City or its successor that is used and discharged into the sanitary
utilities has been determined, the equivalent net water bill at current rates of the City or its
successor shall be computed. The sewage service rates for the premises shall then be
calculated by the application of the proper percentage as set out under Section 99.07.
99.09 SURCHARGES FOR CERTAIN WASTEWATER CUSTOMERS. For those
customers (Wells Enterprises, Inc. and Dean Foods) who contribute wastewater, the strength
of which is greater than normal domestic sewage, a surcharge in addition to the normal user
charge will be collected. There will be two rate blocks used for these customers:
1.
Block No. 1 – Discharge up to the 2010 (winter season) Treatment
Agreement Limits. Rates will be the same as the residential/commercial user rates.
These rates include operation and maintenance costs plus debt service on past and
proposed improvements to the existing plant.
Volume, per 1,000 gal .............................................................................................. $2.1295
CBOD, per pound (for concentrations in excess of 200 mg/l) ................................. $0.1865
TSS, per pound (for concentrations in excess of 240 mg/l)...................................... $0.2421
TKN (ammonia nitrogen), per pound ....................................................................... $0.8270
Oil and grease, per pound (for concentrations in excess of 100 mg/l)...................... $0.5000
2.
Block No. 2 – Discharge in excess of the 2010 (winter season) Treatment
Agreement Limits. These rates are operation and maintenance costs only and do not
include debt service costs for existing plant improvements or for the industrial
treatment plant.
Volume, per 1,000 gal .............................................................................................. $1.4326
CBOD, per pound (for concentrations in excess of 200 mg/l) ................................. $0.0911
TSS, per pound (for concentrations in excess of 240 mg/l)...................................... $0.1443
TKN (ammonia nitrogen), per pound ....................................................................... $0.7039
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Oil and grease, per pound (for concentrations in excess of 100 mg/l) ..................... $0.5000
99.10 PAYMENT OF INCREASED COSTS. Any user which discharges any toxic
pollutants which cause an increase in the cost of managing the effluent or the sludge from the
City’s treatment works or any user which discharges any substance which singly or by
interaction with other substances caused identifiable increases in the cost of operation,
maintenance or replacement of the treatment works shall pay for such increased costs. The
charge to each such user shall be as determined by the responsible plant operating personnel
and approved by the Council.
99.11 PAYMENT OF BILLS. All sewer user charges are due and payable under the same
terms and conditions provided for payment of a combined service account as contained in
Section 92.04 of this Code of Ordinances. Sewer service may be discontinued in accordance
with the provisions contained in Section 92.05 if the combined service account becomes
delinquent, and the provisions contained in Section 92.08 relating to lien notices shall also
apply in the event of a delinquent account.
99.12 LIEN FOR NONPAYMENT. Except as provided for in Section 92.07 of this Code
of Ordinances, the owner of the premises served and any lessee or tenant thereof shall be
jointly and severally liable for sewer service charges to the premises. Sewer service charges
remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be
certified by the Clerk to the County Treasurer for collection in the same manner as property
taxes.
99.13 REVIEW OF SYSTEM AND REVISION OF RATES. The City shall review the
user charge system at least every five (5) years and revise user charge rates as necessary to
ensure that the system generates adequate revenues to pay the costs of operation and
maintenance including replacement and that the system continues to provide for the
proportional distribution of operation and maintenance including replacement costs among
users and user classes.
99.14 NOTIFICATION OF RATE CHANGE. The City will notify each user of any rate
change. This notice will be in conjunction with a regular bill. This notice will include the
rate being charged for operation and maintenance including replacement of the treatment
works.
99.15 REIMBURSEMENT FOR CONSTRUCTION OF SEWERS. The City will
reimburse developers in amounts established by the Council for the construction of new
sanitary sewer main and new sanitary sewer manholes which are needed in subdivisions to
provide the sanitary sewer main extension to the end of lots or frontage of the most remote
lots in the subdivision. The City shall also reimburse for the construction of sanitary sewer
main and manholes in subdivisions that are beyond that stated above but which are necessary
for connecting two existing or future subdivisions or necessary in order to loop the sanitary
sewer system. The total reimbursable amount will then be divided by the number of lots to
determine the amount to be reimbursed per lot. The reimbursable amount per lot will be paid
to the developer for dwellings as to which occupancy permits are issued within five (5) years
of the City’s acceptance of the public improvements contained in the subdivision, as follows:
one half (½) of the reimbursable amount per lot upon issuance of an occupancy permit for the
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dwelling situated upon such lot, and the remaining half of the reimbursable amount per lot
one year thereafter.
99.16 FIXED MONTHLY CAPITAL COST CHARGE. The City of Le Mars will bill
Wells Enterprises, Inc. $83,333 per month and Dean Foods $21,250 per month fixed cost
associated with the construction and financing of the new Industrial Wastewater Treatment
Facility. Billing will be retroactive to August 2014 (when the new Industrial Wastewater
Treatment Facility was operational.)
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°°°°°°°°°°
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INDUSTRIAL SEWER USER
COMPLIANCE ENFORCEMENT
100.01 Definitions
100.02 Applicability
100.03 Publication of Users in Noncompliance
100.04 Administrative Enforcement Remedies
100.05 Other Remedies
100.06 Affirmative Defenses to Discharge Violations
100.01 DEFINITIONS. This chapter hereby adopts and incorporates all definitions found
in Chapter 95 through 99, except to the extent the following additional terms are defined:
1.
“CBOD” means Carbonaceous 5-Day Biochemical Oxygen Demand as
measured by the test method set forth in the latest edition of Standard Methods for the
Examination of Water and Wastewater.
2.
“FOG” and “Oil Grease” mean Fats, Oil, and Grease as set forth in EPA
Method 1664, Revision A (N-Hexane Extractable Material).
3.
“IDNR” refers to the Iowa Department of Natural Resources.
4.
“Industrial user” means an individual, partnership, business, corporation or
entity who contributes wastewater in an amount or strength of which is greater than
normal domestic sewage.
5.
“NPDES” means National Pollutant Discharge Elimination System.
6.
“Pass through” means the movement of an environmental pollutant that is not
affected by the treatment technologies in place at the POTW which would cause the
City to be in violation of its NPDES discharge permit.
7.
“POTW” means publicly owned treatment works.
8.
“TSS” means Total Suspended Solids as measured by the test method set
forth on the latest edition of Standard Methods for the Examination of Water and
Wastewater.
100.02 APPLICABILITY. This chapter applies to any industrial user which discharges
wastewater into the City’s sewer system under the compliance criteria of an IDNR NPDES
permit or a City Wastewater Treatment Agreement (DNR Form 31).
100.03 PUBLICATION OF USERS IN NONCOMPLIANCE. The City Administrator
may publish one time annually, in the largest local daily newspaper, the names of industrial
users found by the City, in accordance with this chapter, to be in significant noncompliance.
“Significant noncompliance” means:
1.
Chronic violations of wastewater discharge limits, defined herein as those in
which 66 percent or more of wastewater measurements obtained from representative
samples collected at the permitted discharge point in accordance with accepted
sampling protocols, during a six-month period, exceed, by an amount greater than the
range of error of the measurement technique, the daily maximum limit for the same
pollutant parameter;
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2.
Technical review criteria (TRC) violations, defined herein as those in which
33 percent or more of wastewater measurements obtained from representative
samples collected at the permitted discharge point, in accordance with accepted
sampling protocols, for each pollutant parameter during a six-month period equals or
exceeds the product of the daily maximum limit multiplied by the applicable criteria
(1.4 for CBOD, TSS, FOG, and 1.2 for all other pollutants other than pH);
3.
Any other discharge violations that the City can document, based on
recognized scientific methodology, which caused (alone or in combination with other
discharges) major interference for the POTW or pass through, including endangering
the health of POTW personnel or the general public;
4.
Any discharge of a pollutant that has caused endangerment to the public or to
the environment and has resulted in the City’s exercise of its emergency authority to
halt or prevent such a discharge;
5.
Failure to meet, within 90 days of the scheduled date, a compliance schedule
milestone contained in a wastewater discharge permit or enforcement order for
starting construction, completing construction or attaining final compliance, unless
such noncompliance has been waived by the City or the City has interfered in the
industrial user’s ability to comply;
6.
Failure to provide, within 60 days after the due date required by the City, any
required reports, including baseline monitoring reports, reports on compliance with
categorical pretreatment standard deadlines, periodic self-monitoring reports, and
reports on compliance with compliance schedules.
100.04
ADMINISTRATIVE ENFORCEMENT REMEDIES.
1.
Notices of Violation. If the City Administrator finds based on scientifically
reliable data that any industrial user has violated or is violating a wastewater
treatment agreement in a material way, the City Administrator may issue a notice of
violation, and such notice shall be served in person on the managing officer of the
industrial user or by certified mail on such person with return receipt received. The
notice of violation must specify the parameters violated, the date and time of the
violation, the data upon which the City relies in finding such violation, and the
manner in which such data was collected.
2.
Consent Agreements. The City Administrator may enter into consent
agreements, consent orders, assurances of voluntary compliance, or other similar
documents (“consent agreement”) establishing an agreement with any industrial user
responsible for any such noncompliance as to which notice is given in a notice of
violation. Such agreements shall specify the actions to be taken by the industrial user
and the time frame for completion of those actions outlined in the consent agreement.
In the event a consent agreement is not entered into within 60 days of the service of
notice of violation, the City Administrator may seek a compliance order in
accordance with subsection 3.
3.
Compliance Orders. In the event a consent agreement is not entered into, or
the industrial user fails to comply with the terms of a consent agreement, the City
Administrator may request the City Council to approve the issuance of a compliance
order to the industrial user responsible for the discharge, directing that the industrial
user submit a plan of action which will include a schedule for the industrial user to
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come into compliance. The industrial user shall be notified in writing of any such
request at least seven days prior to the Council’s consideration of the request by
personal service on the managing officer or by certified mail on such person with
return receipt requested. The notice shall include the time, date, and location of the
meeting at which the request will be considered, the proposed compliance order being
requested and the basis therefor, including all data. The industrial user shall have the
opportunity to present information and argument at such meeting. In the event a
compliance order is issued in the form approved by the Council, and the industrial
user does not submit an acceptable plan of action or come into compliance within the
agreed upon schedule, the City Administrator may seek a cease and desist order
pursuant to subsections 4 and 5, or request the issuance of a municipal infraction
citation pursuant to subsection 6.
4.
Cease and Desist Orders. The City Administrator may request that the City
Council approve a cease and desist order per the criteria set forth in subsection 3
above, directing the industrial user to cease its failure to comply with a compliance
order or desist unlawful discharging of industrial waste to the City’s sewer system.
Such order shall not be issued until such time as a show cause hearing has been held
as set out below in subsection 5.
5.
Show Cause Hearings. The City Administrator may order any industrial user
that fails to comply with a compliance order to appear before the City Council and
show cause why a cease and desist order should not be issued. Notice shall be served
on the industrial user specifying the time and place for the meeting, the proposed
order, the basis for such action including all data, and a request that the industrial user
show cause why this proposed order should not be issued. Such written notice must
be served personally at least fourteen (14) days prior to the hearing on the managing
officer of the industrial user or by certified mail on such person with return receipt
received. The industrial user shall have the opportunity to present information and
argument at such hearing. Whether or not the industrial user appears as ordered,
immediate enforcement action in the form of a cease and desist order may be issued
by the City Council following the hearing date. The industrial user may also request
a hearing before the City Council to show cause why a proposed cease and desist
order should not be issued, and the City Council shall notify the City Administrator
and industrial user of any such hearing in the manner set out in this section.
6.
Municipal Infractions. In the event an industrial user fails to comply with the
terms and conditions of a compliance order within the specified period of time, the
City Administrator may request the City Council to authorize the issuance of a civil
citation for a municipal infraction for an environmental violation. The industrial user
shall be notified in writing of any such request at least 14 days prior to the Council
consideration of the request, by personal service on its managing officer or by
certified mail on such person with return receipt requested, and such notice shall
include the time, date, and location of the meeting at which the request will be
considered, the reasons for such action, the proposed action being requested and the
basis therefor including supporting data. The industrial user shall have the
opportunity to present information and argument at the meeting. In the event the City
Council grants the request, which decision must be in writing, the City Administrator
may issue the citation in accordance with Chapter 4 of this Code of Ordinances.
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7.
Administrative Penalty Charges. An industrial user contributing wastewater
to the POTW in excess of the limitations contained within its wastewater discharge
agreement may be assessed a penalty charge, based on the schedule below, which
shall be in addition to the rates and charges ordinarily billed to such users for sewer
use:
A.
$0.50 per 1,000 gallons for flow in excess of a 30-day average
discharge limit;
B.
$0.50 per 1,000 gallons for flow in excess of a daily maximum
discharge limit;
C.
limit;
$0.10 per pound of CBOD in excess of a 30-day average discharge
D.
limit;
$0.10 per pound of CBOD in excess of a daily maximum discharge
E.
$0.10 per pound of TSS in excess of a 30-day average discharge limit
F.
limit
$0.10 per pound of TSS in excess of a daily maximum discharge
G.
$25.00 per occurrence for oil Oil and Grease discharged in excess of
a daily maximum discharge limit based upon data from a compliance
sampling event;
H.
$100.00 per occurrence for discharges with a pH in violation of a
discharge limit.
Unpaid penalty charges shall, after 60 calendar days, be assessed an additional
penalty of 10 percent for the unpaid balance, and interest shall accrue thereafter at a
rate of 1 percent per month, compounded monthly. Industrial users desiring to
dispute such penalty charges must file written request with the City Administrator to
reconsider the penalty charges along with full payment within thirty (30) days of
being notified of the penalty charges. The City Administrator shall convene a hearing
before the City Council on the matter within 30 days of receiving the request from the
industrial user, with notice to be given in writing at least seven (7) days in advance of
the hearing in the same manner as provided for in Section 100.04(1). The industrial
user may present information and argument at such hearing. The City Council shall
issue its decision on any such request within twenty (20) days of such hearing. In the
event the industrial user’s request results in a full or partial refund, the refund,
together with any interest accruing thereto, shall be returned to the industrial user
within ten (10) days of the City Council’s decision. An industrial user which is
denied, in whole or in part, the relief sought in any such request for reconsideration
may seek further and additional relief through any and all other remedies available
under applicable law. Issuance of an administrative penalty charge shall not be a
prerequisite for the City taking any other action against the industrial user; however,
if the City elects to impose administrative penalty charges, it cannot also cause a
citation for municipal infraction to be issued for the same alleged violations of the
industrial user’s wastewater treatment agreement. All penalty charges collected
under the guidelines of this chapter shall be directed to the operating budget of the
City’s wastewater treatment plant.
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8.
Emergency Service Suspensions.
A.
The City Administrator may immediately suspend an industrial user’s
sewer service at a particular discharge point (after notice to the industrial
user’s managing officer) when such a suspension: (i) is necessary in order to
stop an actual or threatened discharge which, based on data collected in
accordance with recognized scientific methodology, presents or causes an
imminent substantial endangerment to the health or welfare of the general
public or to the environment; or (ii) when the discharge threatens to cause
undue, substantial, irreversible damage to the equipment within the City’s
POTW or harm to its personnel.
B.
Any industrial user notified of a suspension shall immediately stop or
eliminate its contribution to the sewer system at that discharge point. In the
event of an industrial user’s failure to immediately comply with the
suspension order, the City Administrator shall take such steps as deemed
necessary including immediate severance of the designated sewer connection,
to prevent or minimize damage to the POTW, its receiving stream, or
endangerment to any individuals or the environment. The City Administrator
shall allow the industrial user to recommence its discharge when industrial
user has demonstrated to the City Administrator that the period of
endangerment has passed. The City Administrator must accept or deny the
request of the industrial user to recommence its discharge within forty-eight
(48) hours of such a request. If the City Administrator refuses the industrial
user’s request to recommence discharge, a hearing must be held within 48
hours of that refusal before the City Council, with notice to be given
immediately in the same manner as provided in Section 100.04(1), at which
time the City Administrator must show cause why suspension must be
continued and the industrial user shall have the opportunity to present
information and argument. The City Council shall issue its decision on the
request to lift the suspension at that hearing, stating the basis therefor. In the
event the industrial user’s request is granted, the City Administrator shall
immediately allow the discharge to recommence. In the event the industrial
user’s request is denied, the industrial user may seek further and additional
relief through any and all other remedies available under applicable law.
C.
An industrial user that is responsible, in whole or in part, for any
discharge which results in the emergency suspension of its sewer service at a
particular discharge point shall submit to the City Administrator a detailed
written statement describing the causes of the harmful condition and the
measures taken to prevent any future occurrence prior to any show cause or
termination hearing provided for under other sections of this chapter.
D.
Nothing in this section shall be interpreted to require a hearing prior
to any emergency suspension under this section.
9.
Terminations of Industrial Waste Discharge. In addition to the circumstances
upon which the City may suspend sewer service under Section 100.04(8), any
industrial user which commits the violations set forth below may be subject to
termination of its wastewater treatment agreement:
A.
Violation of a cease and desist order;
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B.
Refusal of reasonable access to the industrial user’s premises for the
purpose of inspection, monitoring, or sampling;
C.
Falsifying self-monitoring reports; or
D.
Failure to pay fees, sewer user charges, or administrative penalty
charges within sixty (60) days of written notice of same.
10.
Procedures for Termination of Industrial Waste Discharge. The City may
terminate an industrial user’s wastewater treatment agreement pursuant to Section
100.04 (9) based on the following procedures:
A.
The City shall issue a written notice to the industrial user a minimum
of twenty (20) days prior to the date set for a hearing before the City Council.
Such notice shall notify the industrial user of the time, date, and place of
hearing, the purpose for the hearing, the proposed action, and the basis for
such proposed action including the information upon which the City relies in
proposing such action. Such written notice shall be served in the same
manner as provided for in Section 100.04(1).
B.
If after such hearing, the City Council makes a finding in writing
based on substantial evidence that actions subject to the termination of
industrial waste discharge under Section 100.04(9) have occurred as alleged
and are not remedied as of the time of such hearing or to be remedied within
a reasonable period thereafter, the City Council may direct the City
Administrator to terminate the industrial user’s wastewater treatment
agreement subject to the requirements set forth below. The City Council
shall set out its decision and the basis therefor in writing.
C.
Written notice of the City Council’s decision shall be served on the
managing officer of the industrial user by registered mail, return receipt
requested, or by personal service. If termination is ordered, the effective date
of such termination can be no sooner than forty-five (45) days after the date
of receipt of the notice by the industrial user. At any time, the industrial user
may challenge that decision through any and all remedies available to it
under applicable law.
D.
In the event of termination of the industrial user’s wastewater
treatment agreement, the agreement shall be reinstated once the industrial
user has provided information to the City Administrator that the user has
remedied the circumstances which resulted in the City’s decision to
terminate. The City Administrator must accept or deny the request within 48
hours. If the City Administrator refuses to reinstate, a hearing must be held
within 48 hours of that refusal before the City Council, at which time the
City Administrator must show cause why termination must be continued.
The procedures shall be in accordance with those set out in Section
100.04(8)(B) to the extent applicable.
100.05 OTHER REMEDIES. In addition to other remedies provided for in Chapter 99,
including but not limited to in Section 99.10, an industrial user may be charged by the City
for all or part of any administrative penalty or fine imposed on the City by a State or Federal
agency for violations of the City’s obligations, but only to the extent the City proves based on
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scientifically reliable data that the City’s violation was caused by the industrial user’s
unlawful discharges. The remedies provided in Chapter 100 shall not be exclusive, and the
City may pursue other remedies, as are authorized by applicable law, against any persons
violating the provisions in this chapter, including injunctive relief.
100.06 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS. In addition to
any and all other defenses that an industrial user may have to any action undertaken pursuant
to this chapter or Chapter 4, an industrial user may assert the following affirmative defenses.
Proof of any such affirmative defense shall be a bar against any and all action by the City
pursuant to this chapter or Chapter 4.
1.
Upset. For the purpose of this section, “upset” means an exceptional incident
in which there is unintentional and temporary noncompliance with discharge limits
because of factors beyond the reasonable control of the industrial user. An upset does
not include noncompliance to the extent caused by operational error, lack of
preventative maintenance, or careless or improper operation. An upset shall
constitute an affirmative defense if the following requirements are met:
A.
An upset occurred and the industrial user has reasonably identified
the causes of the upset;
B.
The industrial user’s facility was at the time being operated in a
prudent and workman-like manner and in compliance with applicable
operation and maintenance procedures; and
C.
The industrial user submitted the following information to the City
Administrator as soon as possible following the upset:
(1)
A description of the upset and reasonable cause of
noncompliance;
(2)
The period of noncompliance, including dates and times;
(3)
Steps being taken and/or planned to reduce, eliminate, and
prevent recurrence of the noncompliance.
2.
Prohibited Discharge Standards. An industrial user shall have an affirmative
defense to any action brought against it pursuant to this chapter or Chapter 4 if it can
prove that it did not know or have reason to know, that its discharge, alone or in
conjunction with discharges from other sources, would cause major interference with
the City’s POTW.
3.
Bypass. For the purpose of this section, “bypass” means the intentional
diversion of waste streams from any portion of an industrial user’s treatment system;
and “severe property damage” means substantial physical damage to property,
damage to the treatment facility which causes it to become inoperable, or substantial
and permanent loss of natural resources, which can reasonably be expected to occur
in the absence of the bypass. Bypass is an affirmative defense to actions under this
chapter and Chapter 4 only in the following limited circumstances:
A.
Bypass was unavoidable to prevent loss of life, personal injury, or
severe property damage;
B.
There were no feasible alternatives to bypass; and
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C.
Catastrophic failure of primary equipment and backup systems
occurred due to unforeseen causes or natural disasters; or
D.
Upon prior written notice to the Superintendent, bypass occurs for
the purpose of essential maintenance to assure efficient operation of
treatment equipment.
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CHAPTER 101
STORM WATER DRAINAGE SYSTEM
101.01 Purpose
101.02 Storm Water Drainage System
101.03 Rates
101.04 Payment of Rates
101.05 Lien for Nonpayment
101.01 PURPOSE. The purpose of this chapter is to establish a storm water drainage
system district and provide a means of funding the operation and maintenance of storm water
management facilities including, but not limited to, retainage basins, detention basins, storm
sewers, inlets, ditches, drains, and drainage facilities.
101.02 STORM WATER DRAINAGE SYSTEM. The entire City is hereby declared a
storm water drainage system district for the purpose of establishing, imposing, adjusting, and
providing for the collection of rates for the operation and maintenance of storm water
management facilities. As additional areas are annexed to the City they shall immediately be
included in the storm water drainage system district.
101.03 RATES. The rates for the operation and maintenance of the storm water
management facilities shall be collected by imposing a monthly rate on every City water
meter, non-metered buildings and paved surface lots based on a two (2) rate system for storm
water drainage fees. A rate shall be established for residential users per month per water
meter and a separate rate shall be established for all non-residential users. The monthly rate
for the storm water fee shall be established by resolution by the City Council annually, or
from time to time as determined by City Council. A monthly rate shall be collected on every
residence, apartment, and dwelling unit in mobile home parks, business, commercial and
industrial City water meter, non-metered buildings and paved surfaced lots. The rates shall be
billed and collected in the same manner as water and/or sewer service rates. The Council
shall have the authority to establish different monthly rates for different classifications of City
water meters, non-metered buildings and paved surfaced lots.
(Ord. 886 – Aug. 11 Supp.)
101.04 PAYMENT OF RATES. The monthly rates are due and payable under the same
terms and conditions as water and/or sewer service charges.
101.05 LIEN FOR NONPAYMENT. Except as provided for in Section 92.07 of this
Code of Ordinances, the owner of the premises served and any lessee or tenant thereof shall
be jointly and severally liable for charges for the operation and maintenance of the storm
water management facilities. Any such charges remaining unpaid and delinquent shall
constitute a lien upon the premises served and shall be certified to the County Treasurer for
collection in the same manner as property taxes.
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STORM WATER DRAINAGE SYSTEM
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CHAPTER 105
SOLID WASTE CONTROL
105.01
105.02
105.03
105.04
105.05
105.06
Purpose
Definitions
Sanitary Disposal Required
Health and Fire Hazard
Open Burning Restricted
Separation of Yard Waste Required
105.07
105.08
105.09
105.10
105.11
105.12
Littering Prohibited
Open Dumping Prohibited
Toxic and Hazardous Waste
Waste Storage Containers
Prohibited Practices
Sanitary Disposal Project Designated
105.01 PURPOSE. The purpose of the chapters in this Code of Ordinances pertaining to
Solid Waste Control and Collection is to provide for the sanitary storage, collection and
disposal of solid waste and, thereby, to protect the citizens of the City from such hazards to
their health, safety and welfare as may result from the uncontrolled disposal of solid waste.
105.02
DEFINITIONS. For use in these chapters the following terms are defined:
1.
“Collector” means any person authorized to gather solid waste from public
and private places.
2.
“Discard” means to place, cause to be placed, throw, deposit or drop.
3.
“Dwelling unit” means any room or group of rooms located within a structure
and forming a single habitable unit with facilities which are used, or are intended to
be used, for living, sleeping, cooking and eating.
4.
“Garbage” means all solid and semisolid, putrescible animal and vegetable
waste resulting from the handling, preparing, cooking, storing, serving and consuming
of food or of material intended for use as food, and all offal, excluding useful
industrial by-products, and includes all such substances from all public and private
establishments and from all residences.
(IAC, 567-100.2)
5.
“Landscape waste” means any vegetable or plant waste except garbage. The
term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass,
shrubbery and yard trimmings.
(IAC, 567-20.2[455B])
6.
“Litter” means any garbage, rubbish, trash, refuse, waste materials or debris.
7.
“Owner” means, in addition to the record titleholder, any person residing in,
renting, leasing, occupying, operating or transacting business in any premises, and as
between such parties the duties, responsibilities, liabilities and obligations hereinafter
imposed shall be joint and several.
8.
“Refuse” means putrescible and non-putrescible waste, including but not
limited to garbage, rubbish, ashes, incinerator residues, street cleanings, market and
industrial solid waste and sewage treatment waste in dry or semisolid form.
(IAC, 567-100.2)
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SOLID WASTE CONTROL
9.
“Residential premises” means a single-family dwelling and any multiplefamily dwelling up to and including two (2) separate dwelling units. All other
structures shall be classified as institutional, commercial or industrial.
10.
“Residential waste” means any refuse generated on the premises as a result of
residential activities. The term includes landscape waste grown on the premises or
deposited thereon by the elements, but excludes garbage, tires and trade waste.
(IAC, 567-20.2[455B])
11.
“Rubbish” means non-putrescible solid waste consisting of combustible and
non-combustible waste, such as ashes, paper, cardboard, tin cans, yard clippings,
wood, glass, bedding, crockery or litter of any kind.
(IAC, 567-100.2)
12.
“Sanitary disposal” means a method of treating solid waste so that it does not
produce a hazard to the public health or safety or create a nuisance.
(IAC, 567-100.2)
13.
“Sanitary disposal project” means all facilities and appurtenances including
all real and personal property connected with such facilities, which are acquired,
purchased, constructed, reconstructed, equipped, improved, extended, maintained, or
operated to facilitate the final disposition of solid waste without creating a significant
hazard to the public health or safety, and which are approved by the Director of the
State Department of Natural Resources.
14.
“Solid waste” means garbage, refuse, rubbish, and other similar discarded
solid or semisolid materials, including but not limited to such materials resulting from
industrial, commercial, agricultural, and domestic activities. Solid waste may include
vehicles, as defined by Section 321.1 of the Code of Iowa. Solid waste does not
include any of the following:
A.
Hazardous waste regulated under the Federal Resource Conservation
and Recovery Act, 42 U.S.C. § 6921-6934.
B.
Hazardous waste as defined in Section 455B.411 of the Code of
Iowa, except to the extent that rules allowing for the disposal of specific
wastes have been adopted by the State Environmental Protection
Commission.
C.
Source, special nuclear, or by-product material as defined in the
Atomic Energy Act of 1954, as amended to January 1, 1979.
D.
Petroleum contaminated soil that has been remediated to acceptable
State or federal standards.
E.
Steel slag which is a product resulting from the steel manufacturing
process and is managed as an item of value in a controlled manner and not as
a discarded material.
105.03 SANITARY DISPOSAL REQUIRED. It is the duty of each owner to provide for
the sanitary disposal of all refuse accumulating on the owner’s premises before it becomes a
nuisance. Any such accumulation remaining on any premises for a period of more than thirty
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CHAPTER 105
SOLID WASTE CONTROL
(30) days shall be deemed a nuisance and the City may proceed to abate such nuisances in
accordance with the provisions of Chapter 50 or by initiating proper action in district court.
(Code of Iowa, Ch. 657)
105.04 HEALTH AND FIRE HAZARD. It is unlawful for any person to permit to
accumulate on any premises, improved or vacant, or on any public place, such quantities of
solid waste that constitute a health, sanitation or fire hazard or which result in offensive odors
or sights.
105.05 OPEN BURNING RESTRICTED. No person shall allow, cause or permit open
burning of combustible materials where the products of combustion are emitted into the open
air without passing through a chimney or stack without first obtaining a permit from the Fire
Chief or his designee and conducting such burning in accordance with the International Fire
Code. This section excludes recreational fires as described in Section 156.03.
105.06 SEPARATION OF YARD WASTE REQUIRED. All yard waste shall be
separated by the owner or occupant from all other solid waste accumulated on the premises
and shall be composted on the premises or placed in acceptable containers and set out for
collection. As used in this section, “yard waste” means any debris such as grass clippings,
leaves, garden waste, brush and trees. Yard waste does not include tree stumps.
105.07 LITTERING PROHIBITED. No person shall discard any litter onto or in any
water or land, except that nothing in this section shall be construed to affect the authorized
collection and discarding of such litter in or on areas or receptacles provided for such
purpose. When litter is discarded from a motor vehicle, the driver of the motor vehicle shall
be responsible for the act in any case where doubt exists as to which occupant of the motor
vehicle actually discarded the litter.
105.08 OPEN DUMPING PROHIBITED. No person shall dump or deposit or permit the
dumping or depositing of any solid waste on the surface of the ground or into a body or
stream of water at any place other than a sanitary disposal project approved by the Director of
the State Department of Natural Resources, unless a special permit to dump or deposit solid
waste on land owned or leased by such person has been obtained from the Director of the
State Department of Natural Resources. However, this section does not prohibit the use of
rubble at places other than a sanitary disposal project. “Rubble” means dirt, stone, brick, or
similar inorganic materials used for beneficial fill, landscaping, excavation, or grading at
places other than a sanitary disposal project. Rubble includes asphalt waste only as long as it
is not used in contact with water or in a flood plain. For purposes of this section, rubble does
not mean gypsum or gypsum wallboard, coal combustion residue, foundry sand, or industrial
process wastes unless those wastes are approved by the State Department of Natural
Resources.
(Code of Iowa, Sec. 455B.301, Sec. 455B.307 and IAC, 567-100.2)
105.09 TOXIC AND HAZARDOUS WASTE. No person shall deposit in a solid waste
container or otherwise offer for collection any toxic or hazardous waste. Such materials shall
be transported and disposed of as prescribed by the Director of the State Department of
Natural Resources. As used in this section, “toxic and hazardous waste” means waste
materials, including but not limited to, poisons, pesticides, herbicides, acids, caustics,
pathological waste, flammable or explosive materials and similar harmful waste which
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SOLID WASTE CONTROL
requires special handling and which must be disposed of in such a manner as to conserve the
environment and protect the public health and safety.
(IAC, 567-100.2)
(IAC, 567-102.13[2] and 400-27.14[2])
105.10 WASTE STORAGE CONTAINERS. Every person owning, managing, operating,
leasing or renting any premises, dwelling unit or any place where refuse accumulates shall
provide and at all times maintain in good order and repair portable containers for refuse in
1.
Container Specifications. Waste storage containers shall comply with the
following specifications:
A.
Residential. Residential waste containers shall be issued by the City.
The resident may request a 35-gallon or 95-gallon waste container. A
monthly fee will be charged for the use of such container and be set by
Council. If monthly waste exceeds the capacity of the largest issued
container, a second waste container may be issued upon request and an
additional fee shall be charged as set by the Council. Residential properties
may also request a separate waste container, at no additional charge, for the
use of recyclable household items.
B.
Residential Recycling. Every person owning, managing, operating,
leasing or renting a residential premises will be encouraged to recycle their
solid waste. To assist in this recycling effort, the City will provide for
residential properties recyclable totes for the collection of:
(1) Glass, paper, tin cans, plastics, and cardboard. The individual
property shall properly sort recyclable materials and place them in
the appropriate recyclable totes to be picked up by the City-approved
and licensed collectors as may be scheduled. This service will be
provided free of charge. There will be no limit to the amount of
recyclable properly placed in totes.
C.
Commercial. Every person owning, managing, operating, leasing or
renting any commercial premises where an excessive amount of refuse
accumulates and where its storage in portable containers as required above is
impractical, shall maintain metal bulk storage containers, the weight, shape
and size of which shall be negotiated between the collector and the owner or
occupant of such premises.
D.
Commercial Recycling. Every person owning, managing, operating,
leasing or renting any commercial premises will be encouraged to recycle its
solid waste whenever practical. To assist in this recycling effort the City will
provide for commercial establishments recyclable totes for the collection of:
(1) Glass, paper, tin cans, plastics, and cardboard. The individual
establishment shall properly sort recyclable materials and place them
in the appropriate recyclable totes to be picked up by the Cityapproved and licensed collectors as may be scheduled. This service
will initially be provided free of charge. There will be no limit to the
amount of recyclable properly placed in the totes.
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CHAPTER 105
SOLID WASTE CONTROL
E.
Proof of Service. Businesses that opt out of this service shall be
required to provide proof upon demand from the City that another approved
licensed collection agency is collecting their recyclable material.
2.
Storage of Containers. Residential solid waste and recyclable containers
shall be stored upon the residential premises. Commercial solid waste containers
shall be stored upon private property, unless the owner has been granted written
permission from the City to use public property for such purposes. The storage site
shall be well drained; fully accessible to collection equipment, public health
personnel, and fire inspection personnel. All owners of residential and commercial
premises shall be responsible for proper storage of all garbage, recyclables, and yard
waste to prevent materials from being blown or scattered around neighboring yards
and streets.
3.
Location of Containers for Collection. Containers for the storage of garbage,
recyclables, and yard waste awaiting collection shall be placed within five (5) feet of
the curb or alley line by the owner or occupant of the premises served. Containers
placed at the curb line shall not be so placed more than twelve (12) hours in advance
of the regularly scheduled collection day and shall be promptly removed from the
curb line following collection.
4.
Nonconforming Containers. Any container used, other than a City-issued
container, will be collected together with their contents and disposed of after due
notice to the owner.
105.11
PROHIBITED PRACTICES. It is unlawful for any person to:
1.
Unlawful Use of Containers. Deposit refuse in any solid waste containers not
owned by such person without the written consent of the owner of such containers.
2.
Interfere with Collectors. Interfere in any manner with solid waste collection
equipment or with solid waste collectors in the lawful performance of their duties as
such, whether such equipment or collectors be those of the City, or those of any other
authorized waste collection service.
3.
Incinerators. Burn rubbish or garbage except in incinerators designed for
high temperature operation, in which solid, semisolid, liquid or gaseous combustible
refuse is ignited and burned efficiently, and from which the solid residues contain
little or no combustible material, as acceptable to the Environmental Protection
Commission.
4.
Disposal Site. Dispose of solid waste within the City at any site which is not
zoned and approved for such purpose by the City.
5.
Scavenging. Take or collect any solid waste which has been placed out for
collection on any premises, unless such person is an authorized solid waste collector.
6.
Mixing. Deposit non-recyclables in a recyclable container.
105.12 SANITARY DISPOSAL PROJECT DESIGNATED. The sanitary landfill
facilities operated by Plymouth County Solid Waste Agency are hereby designated as the
official “Public Sanitary Disposal Project” for the disposal of solid waste produced or
originating within the City.
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CHAPTER 105
SOLID WASTE CONTROL
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CHAPTER 106
COLLECTION OF SOLID WASTE
106.01
106.02
106.03
106.04
106.05
106.06
Collection Service
Collection Vehicles
Loading
Frequency of Collection
Bulky Rubbish
Right of Entry
106.07
106.08
106.09
106.10
106.11
106.12
Contract Requirements
Collector’s License
Monthly Report
Delivery of Recyclable Materials
Collection Fees
Lien for Nonpayment
106.01 COLLECTION SERVICE. The City shall provide by contract for the collection
of solid waste, except bulky rubbish as provided in Section 106.05, from residential premises
only. The operators of commercial, industrial or institutional premises shall provide for the
collection of solid waste produced upon such premises by private contract with collectors
licensed by the City.
106.02 COLLECTION VEHICLES. Vehicles or containers used for the collection and
transportation of garbage and similar putrescible waste or solid waste containing such
materials shall be leakproof, durable and of easily cleanable construction. They shall be
cleaned to prevent nuisances, pollution or insect breeding and shall be maintained in good
repair.
(IAC, 567-104.9[455B])
106.03 LOADING. Vehicles or containers used for the collection and transportation of any
solid waste shall be loaded and moved in such a manner that the contents will not fall, leak, or
spill therefrom, and shall be covered to prevent blowing or loss of material. Where spillage
does occur, the material shall be picked up immediately by the collector or transporter and
returned to the vehicle or container and the area properly cleaned.
106.04 FREQUENCY OF COLLECTION. All solid waste shall be collected from
residential premises at least once each week, at such times as shall be set out on schedules
agreed upon between the City and the collector. Solid waste shall be collected from
commercial, industrial and institutional premises as frequently as may be necessary, but not
less than once each week.
106.05 BULKY RUBBISH. Bulky rubbish which is too large or heavy to be collected in
the normal manner of other solid waste may be collected by the collector upon request in
accordance with procedures therefor established by the Council.
106.06 RIGHT OF ENTRY. Solid waste collectors are hereby authorized to enter upon
private property for the purpose of collecting solid waste therefrom as required by this
chapter; however, solid waste collectors shall not enter dwelling units or other residential
buildings.
106.07 CONTRACT REQUIREMENTS. No person shall engage in the business of
collecting, transporting, processing or disposing of solid waste from residential premises for
the City without first entering into a contract with the City. Neither this section nor the
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CHAPTER 106
licensing requirements contained in Section 106.08 shall prohibit an owner from transporting
solid waste accumulating upon premises owned, occupied or used by such owner, provided
such refuse is disposed of properly in an approved sanitary disposal project. Furthermore,
neither a contract nor license is required for the removal, hauling, or disposal of earth and
rock material from grading or excavation activities, provided that all such materials are
conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of
the material being transported is spilled upon any public right-of-way.
106.08 COLLECTOR’S LICENSE. No person shall engage in the business of collecting,
transporting, processing or disposing of solid waste from commercial, industrial or
institutional premises in the City without first obtaining from the City an annual license in
1.
Application. Application for a solid waste collector’s license shall be made
to the Clerk on forms provided by the Clerk.
2.
Insurance. No collector’s license shall be issued until and unless the
applicant therefor, in addition to all other requirements set forth, shall file and
maintain with the City evidence of satisfactory public liability insurance covering all
operations of the applicant pertaining to such business and all equipment and vehicles
to be operated in the conduct thereof in the amounts set by resolution of the Council.
Each insurance policy required hereunder shall include as a part thereof provisions
requiring the insurance carrier to notify the City of the expiration, cancellation or
other termination of coverage not less than ten (10) days prior to the effective date of
such action.
3.
Bond Required. No collector’s license shall be issued unless the applicant
posts a performance bond with the Clerk in an amount, set by resolution of the
Council, to insure the faithful performance of such licensee’s collection and hauling
duties.
4.
License Fee. A license fee in an amount set by resolution of the Council shall
accompany the application. In the event the requested license is not granted, the fee
paid shall be refunded to the applicant.
5.
License Issued. If the Council upon investigation finds the application to be
in order and determines that the applicant will collect, transport, process or dispose of
solid waste without hazard to the public health or damage to the environment and in
conformity with law and ordinance, the requested license shall be issued to be
effective for a period of one year. All licenses shall expire on December 31 of the
year issued.
6.
License Renewal. An annual license may be renewed simply upon payment
of the required fee, provided the applicant agrees to continue to operate in
substantially the same manner as provided in the original application and provided the
applicant furnishes the Clerk with a current listing of vehicles, equipment and
facilities in use.
7.
License Not Transferable. No license authorized by this chapter may be
transferred to another person.
8.
The Council may revoke any license issued to any collector after due, legal
and timely notice of hearing to the persons in violation of this chapter or the terms of
the issued license.
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CHAPTER 106
106.09 MONTHLY REPORT. Each licensed collector or collector under contract with
the City shall file a monthly refuse/recycle report on forms provided by the City. A
refuse/recycle report or any other document designated as necessary to be submitted on a
monthly basis shall be so submitted by each individual licensee or collector under contract,
whether it is for commercial or residential property. All collectors who fail to comply shall
be subject to a civil penalty, in an amount to be determined by the City Administrator, for
each month that the report is not filed.
106.10 DELIVERY OF RECYCLABLE MATERIALS. All material collected from
residential recycling containers shall be delivered to the site designated by the Plymouth
County Solid Waste Agency. Delivery of said material to any site other than the one
designated by the Agency is prohibited. Before collecting any of the recyclable material,
haulers shall contact the City Clerk to determine the address of the designated site.
106.11 COLLECTION FEES. The collection and disposal of solid waste as provided by
this chapter are declared to be beneficial to the property served or eligible to be served and
there shall be levied and collected fees therefor.
1.
Residential. The City will set as initial collection fees for residential
premises an amount of twelve dollars per month for the ninety-five gallon base unit
cart and four dollars per month for each additional ninety-five gallon cart that the
residential premises requests. Residential premises which successfully apply and
receive permission to use a single thirty-five gallon cart will pay a collection fee of
ten dollars per month. All future amendments to fees will be set by resolution of the
Council.
2.
Payment of Bills. All fees are due and payable under the same terms and
conditions provided for payment of a combined service account as contained in
Section 92.04 of this Code of Ordinances. Solid waste collection service may be
discontinued in accordance with the provisions contained in Section 92.05 if the
combined service account becomes delinquent, and the provisions contained in
Section 92.08 relating to lien notices shall also apply in the event of a delinquent
account.
3.
Commercial/Industrial. The owners or occupants of commercial, industrial,
and industrial premises may negotiate fees with any licensed collector for the
collection of solid waste and recyclable material. The City of Le Mars will offer as a
free service collection of recyclables when properly sorted and when placed in the
proper containers provided by the City. The fee, if any, for this service in the future
shall be set yearly by resolution of City Council.
106.12 LIEN FOR NONPAYMENT. Except as provided for in Section 92.07 of this
Code of Ordinances, the owner of the premises served and any lessee or tenant thereof are
jointly and severally liable for fees for solid waste collection and disposal. Fees remaining
unpaid and delinquent shall constitute a lien upon the premises served and shall be certified
by the Clerk to the County Treasurer for collection in the same manner as property taxes.
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CHAPTER 106
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CHAPTER 110
NATURAL GAS FRANCHISE
110.01
110.02
110.03
110.04
110.05
Grant of Franchise
State Code Restrictions and Limitations
Use of Public Ways
Relocation of Installations
Excavations
110.06
110.07
110.08
110.09
110.10
Indemnification
Maintain Facilities
Quantity and Quality
Police Regulations
Franchise Fee
110.01 GRANT OF FRANCHISE. There is hereby granted to MidAmerican Energy
Company, an Iowa corporation, hereinafter called “Company,” and to its successors and
assigns the right and franchise to acquire, construct, erect, maintain and operate in the City of
Le Mars, Iowa, hereinafter called the “City,” a gas distribution system, to furnish natural gas
along, under and upon the streets, avenues, alleys and public places to serve customers within
and without the City and to furnish and sell natural gas to the City and its inhabitants. For the
term of this franchise the Company is granted the right of eminent domain, the exercise of
which is subject to City Council approval upon application by the Company. This franchise
shall be effective for a twenty-five (25) year period from and after the effective date of the
ordinance codified in this chapter,† provided however, that there may be a re-evaluation prior
to the end of year 15, with the opportunity for both parties to request amendments. If neither
party requests such re-evaluation by means of a written notice to the other party at least 90
days prior to the expiration of year 15, this franchise will continue without change for the
remaining 10 years.
110.02 STATE CODE RESTRICTIONS AND LIMITATIONS. The rights and
privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the
Code of Iowa, or as subsequently amended or changed.
110.03 USE OF PUBLIC WAYS. Company shall have the right to excavate in any public
street for the purpose of laying, relaying, repairing or extending gas pipes, mains, conduits,
and other facilities provided that the same shall be so placed as not to interfere with the
construction of any water pipes, drain or sewer or the flow of water therefrom, which have
been or may hereafter be located by authority of the City.
110.04 RELOCATION OF INSTALLATIONS. The Company shall, at its cost and
expense, locate and relocate its installations in, on, over or under any public street or alley in
the City in such manner as the City may at any time reasonably require for the purposes of
facilitating the construction, reconstruction, maintenance or repair of the street or alley or any
public improvement of, in or about any such street or alley or reasonably promoting the
efficient operation of any such improvement. If the City has a reasonable alternative route for
the street, alley or public improvements or an alternative construction method, which would
not cause the relocation of the Company installations, the City shall select said alternative
route or construction method. If relocation of the Company facilities could be avoided by
†
EDITOR’S NOTE: Ordinance No. 880, adopting a natural gas franchise for the City, was passed and
adopted on July 21, 2009.
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CHAPTER 110
NATURAL GAS FRANCHISE
relocating other franchisee’s or facility user’s equipment and facilities or by using a different
method to perform the street and/or curbing construction, and said other cost of construction
or relocation is less than the Company’s, the City shall select the route or method that is less
expensive. The Company will notify the City if project funds from a source other than the
City are available to pay for the relocation of utility facilities, the City shall attempt to secure
said funds and provide them to the Company to compensate the Company for the costs of
relocation.
110.05 EXCAVATIONS. In making excavations in any streets, avenues, alleys and public
places for the installation of gas pipes, conduits or apparatus, Company shall not
unreasonably obstruct the use of the streets and shall replace the surface, restoring the original
condition as nearly as practicable.
110.06 INDEMNIFICATION. Company shall indemnify and save harmless City from any
and all claims, suits, losses, damages, costs or expenses on account of injury or damage to any
person or property, caused or occasioned, or allegedly caused or occasioned, in whole or in
part, by Company’s negligence in construction, reconstruction, excavation, operation or
maintenance of the gas utilities authorized by this franchise, provided, however, that the
Company shall not be obligated to defend, indemnify and save harmless the City for any costs
or damages arising from the negligence of the City, its officers, employees or agents.
110.07 MAINTAIN FACILITIES. The Company shall extend its mains and pipes and
operate and maintain the system in accordance with the applicable regulations of the Iowa
Utilities Board or its successors.
110.08 QUANTITY AND QUALITY. During the term of this franchise, the Company
shall furnish natural gas in the quantity and quality consistent with applicable Iowa laws and
regulations.
110.09 POLICE REGULATIONS. All reasonable and proper police regulation shall be
adopted and enforced by the City for the protection of the facilities of the Company.
110.10 FRANCHISE FEE. The City reserves the right to impose a franchise fee pursuant
to the Iowa Code. The franchise fee shall only be imposed through the adoption of an
ordinance authorizing said franchise fee. The City shall work with the Company to develop a
methodology and timeline to implement the franchise fee. The City shall provide the
Company with written notice no less than 90 days in advance of the effective date of any
franchise fee enacted by the City.
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CHAPTER 111A
ELECTRIC FRANCHISE - PLYMOUTH ELECTRIC
COOPERATIVE ASSOCIATION
111A.01
111A.02
111A.03
111A.04
111A.05
Grant of Franchise
Construction — Trees
Moving Structures or Equipment
Public Improvements
Damage to System
111A.06
111A.07
111A.08
111A.09
Successors and Assigns
Eminent Domain
Indemnification
Remedies
111A.01 GRANT OF FRANCHISE. A nonexclusive franchise is hereby granted unto
Plymouth electric Cooperative Association, its successors and assigns, (herein “Grantee”), for
a term of twenty-five (25) years, commencing with the date the ordinance codified by this
chapter† became effective, to acquire, erect, maintain and operate plants and systems for
electric light, heat and power, electric distribution systems and electric transmission systems
(herein “Electric Utilities”), within Grantee’s service territory located within the present and
future corporate limits of the City, and the Grantee is granted the right, franchise and
authority to construct, install and maintain such Electric Utilities over, across and under the
streets, alleys and public grounds of the City, and private lands therein, and to furnish, supply,
transmit and distribute electricity to the City and its inhabitants and others within and without
the corporate limits for all lawful purposes, including public and private use, and upon such
terms, conditions, restrictions and regulations as are adopted in this chapter.
111A.02 CONSTRUCTION — TREES. All construction, exclusive of distance from
buildings, shall be in accordance with the applicable provisions of the Iowa Electrical Safety
Code as adopted by the Iowa State Commerce Commission, the Rural Electrification Act, and
other applicable Federal law or regulations. Grantee shall have the right to trim or remove
trees when reasonably necessary to efficiently operate its plant and render service.
111A.03 MOVING STRUCTURES OR EQUIPMENT. If any party, acting alone or
through an agent, company or employee, shall desire to operate, erect, maintain, move or
transport any tools, machinery, equipment, supplies, materials, apparatus, house or other
building, or any part thereof, within the corporate limits of the City which will encroach or
could reasonably be expected to encroach within ten (10) feet of any above-ground
transmission or distribution line that is energized in excess of seven hundred fifty volts
between conductors or between any single conductor and a ground, such party shall give a
reasonable notice of such proposed work to Grantee and shall refrain from any encroachment
until the same may be done in accordance with standards established to prevent electrical
contact with conductors and the party shall protect electric utilities from damage during such
encroachment. If good practice requires relocation or de-energizing conductors, the work
shall be at a time that will not cause unreasonable inconvenience to the Grantee or its
customers and shall be at the expense of such party. Grantee may require payment in
†
EDITOR’S NOTE: Ordinance No. 694, adopting an electric franchise for the City, was passed and
adopted on September 19, 1989.
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CHAPTER 111A
ELECTRIC FRANCHISE - PLYMOUTH ELECTRIC
COOPERATIVE ASSOCIATION
advance. Grantee will not be required to relocate above-ground high voltage electric
transmission lines if any alternate route exists for the performance of such work.
111A.04 PUBLIC IMPROVEMENTS. If the City shall propose to improve or make a
public improvement in any street, alley or public way (herein “Public Improvement”) in a
manner that may conflict with the existing electric utilities, the contractor awarded the public
improvement contract shall ascertain the exact number, location, depth or elevation of electric
utilities and at all times protect electric utilities from damage during the performance of the
contract. The Grantee shall, upon resolution of the Council, temporarily remove, relocate or
guard with insulating barriers electric utilities that are deemed in conflict with the public
improvement, at its own expense, at a time that will not cause unreasonable inconvenience to
the Grantee or its customers.
111A.05 DAMAGE TO SYSTEM. If any party shall damage any part of the electric
utilities or cause any weakening or loss of the structural, mechanical or vertical support
thereof, or cause an interruption to the electric service provided by any transmission or
distribution line, such party shall give warnings and use safeguards as may be necessary,
including the erection of insulating barriers to prevent electrical contact by any person and
shall immediately notify Grantee of the location, time of the occurrence and nature of the
damage and shall maintain reasonable warnings and safeguards until all damage has been
repaired. The Grantee shall also notify the City of such damage immediately when it
becomes aware of same.
111A.06 SUCCESSORS AND ASSIGNS. This chapter shall apply to Grantee and its
successors and assigns. Grantee shall be subject to all legal right, power and authority now or
hereafter possessed by the City to control and direct by ordinance or resolution the franchise
herein granted and the manner in which the Grantee shall use and enjoy it.
111A.07 EMINENT DOMAIN. Grantee shall have the power to appropriate and condemn
private property for the purpose of providing electrical service to the extent necessary to serve
a public use and in a reasonable relationship to an overall plan of transmitting electricity in
the public interest. The necessity for the taking of any private property by the Grantee by
condemnation shall be determined by the Council by resolution.
111A.08 INDEMNIFICATION. Grantee shall fully protect the City from any and all
claims of any nature whatsoever which may be made against the City by reason of the
construction, maintenance or operation of the distribution system and transmission line.
111A.09 REMEDIES. The City shall have the power and authority to seek and obtain
appropriate relief through the judicial system, including but not limited to injunctive relief, to
enforce and facilitate the provisions of this chapter.
- 578 -
CHAPTER 111B
ELECTRIC FRANCHISE – MIDAMERICAN
ENERGY COMPANY
111B.01
111B.02
111B.03
111B.04
111B.05
Grant of Franchise
State Code Restrictions and Limitations
Poles and Wires; Trimming Trees
Relocation of Installations
Excavations
111B.06
111B.07
111B.08
111B.09
111B.10
Indemnification
Maintain Facilities
Quantity and Quality
Police Regulations
Franchise Fee
111B.01 GRANT OF FRANCHISE. There is hereby granted to MidAmerican Energy
Company, an Iowa corporation, hereinafter called “Company,” and to its successors and
assigns the right and franchise to acquire, construct, erect, maintain and operate in the City of
Le Mars, Iowa, hereinafter called the “City,” a system for the transmission and distribution of
electric energy and communications signals along, under, over and upon the streets, avenues,
alleys and public places to serve customers within and without the City, and to furnish and
sell electric energy to the City and its inhabitants. For the term of this franchise the Company
is granted the right of eminent domain, the exercise of which is subject to City Council
approval upon application by the Company. This franchise shall be effective for a twentyfive (25) year period from and after the effective date of the ordinance codified in this
chapter,† provided however, that there may be a re-evaluation prior to the end of year 15, with
the opportunity for both parties to request amendments. If neither party requests such reevaluation by means of a written notice to the other party at least 90 days prior to the
expiration of year 15, this franchise will continue without change for the remaining 10 years.
111B.02 STATE CODE RESTRICTIONS AND LIMITATIONS. The rights and
privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the
Code of Iowa, or as subsequently amended or changed.
111B.03 POLES AND WIRES; TRIMMING TREES. The Company shall have the right
to erect all necessary poles and to place thereon the necessary wires, fixtures and accessories
as well as excavate and bury conductors for the distribution of electric energy and
communications signals in and through the City, but all said conduits and poles shall be
placed as not to interfere with the construction of any water pipes, drain or sewer, or the flow
of water therefrom, which have been or may hereafter be located by authority of the City.
The Company is authorized and empowered to prune or remove at Company expense any tree
extending into any street, alley or public grounds to maintain electric reliability, safety, to
restore utility service and to prevent limbs, branches or trunks from interfering with the wires
and facilities of the Company. The pruning of trees shall be done to current nationally
accepted safety and utility industry standards.
111B.04 RELOCATION OF INSTALLATIONS. The Company shall, at its cost and
expense, locate and relocate its installations in, on, over or under any public street or alley in
†
EDITOR’S NOTE: Ordinance No. 881, adopting an electric franchise for the City, was passed and
adopted on July 21, 2009.
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CHAPTER 111B
ELECTRIC FRANCHISE – MIDAMERICAN
ENERGY COMPANY
the City in such manner as the City may at any time reasonably require for the purposes of
facilitating the construction, reconstruction, maintenance or repair of the street or alley or any
public improvement of, in or about any such street or alley or reasonably promoting the
efficient operation of any such improvement. If the City has a reasonable alternative route for
the street, alley or public improvements or an alternative construction method, which would
not cause the relocation of the Company installations, the City shall select said alternative
route or construction method. If relocation of the Company facilities could be avoided by
relocating other franchisee’s or facility user’s equipment and facilities or by using a different
method to perform the street and/or curbing construction, and said other cost of construction
or relocation is less than the Company’s, the City shall select the route or method that is less
expensive. The Company will notify the City if project funds from a source other than the
City are available to pay for the relocation of utility facilities, the City shall attempt to secure
said funds and provide them to the Company to compensate the Company for the costs of
relocation.
111B.05 EXCAVATIONS. In making excavations in any streets, avenues, alleys and
public places for the repair, maintenance or installation of conduits or the erection of poles
and wires or other appliances, the Company shall not unreasonably obstruct the use of the
streets and shall replace the surface, restoring the original condition as nearly as practicable.
111B.06 INDEMNIFICATION. The Company shall indemnify and save harmless the
City from any and all claims, suits, losses, damages, costs or expenses on account of injury or
damage to any person or property, caused or occasioned, in whole or in part, by Company’s
negligence in construction, reconstruction, excavation, operation or maintenance of the
electric utilities authorized by this franchise, provided, however, that the Company shall not
be obligated to defend, indemnify and save harmless the City for any costs or damages arising
from the negligence of the City, its officers, employees or agents.
111B.07 MAINTAIN FACILITIES. The Company shall construct, operate and maintain
its facilities in accordance with the applicable regulations of the Iowa Utilities Board or its
successors.
111B.08 QUANTITY AND QUALITY. During the term of this franchise, the Company
shall furnish electric energy in the quantity and quality consistent with applicable Iowa laws
and regulations.
111B.09 POLICE REGULATIONS. All reasonable and proper police regulation shall be
adopted and enforced by the City for the protection of the facilities of the Company.
111B.10 FRANCHISE FEE. The City reserves the right to impose a franchise fee
pursuant to the Iowa Code. The franchise fee shall only be imposed through the adoption of
an ordinance authorizing said franchise fee. The City shall work with the Company to
develop a methodology and timeline to implement the franchise fee. The City shall provide
the Company with written notice no less than 90 days in advance of the effective date of any
franchise fee enacted by the City.
- 582 -
CHAPTER 113
CABLE TELEVISION FRANCHISE
113.01
113.02
113.03
113.04
113.05
113.06
113.07
113.08
113.09
113.10
113.11
113.12
Terms
Grant
Other Ordinances
Other Authorizations
Conditions of Occupancy
Restoration of Public Ways
Relocation for the City
Relocation for a Third Party
Trimming of Trees and Shrubbery
Safety Requirements
Underground Construction
Access to Open Trenches
113.13
113.14
113.15
113.16
113.17
113.18
113.19
113.20
113.21
113.22
113.23
Required Extensions of the Cable System
Subscriber Charges For Extensions
Cable Service To Public Buildings
Franchise Fee
Books and Records
Insurance and Indemnification
Enforcement and Termination of Franchise
Actions of Parties
Entire Agreement
Reservation of Rights
Notice
113.01 TERMS. For the purpose of this chapter, the following terms, phrases, words, and
abbreviations shall have the meanings ascribed to them below.
1.
“Basic cable” is the lowest priced tier of cable service that includes the
retransmission of local broadcast television signals.
2.
“Cable Act” means Title VI of the Communications Act of 1934, as amended.
3.
“Cable services” means: (i) the one-way transmission to subscribers of video
programming or other programming service; and (ii) subscriber interaction, if any,
which is required for the selection or use of such video programming or other
programming service.
4.
“Cable system” means the Grantee’s facility, consisting of a set of closed
transmission paths and associated signal generation, reception, and control equipment
that is designed to provide cable service which includes video programming and
which is provided to multiple subscribers within the service area.
5.
“FCC” means Federal
governmental entity thereto.
Communications
Commission,
or
successor
6.
“Grantee” means MCC IOWA LLC or the lawful successor, transferee, or
assignee thereof.
7.
“Gross revenues” means any revenues from the operation of the cable system
to provide cable services in the service area received by Grantee from subscribers,
provided, however, that gross revenues do not include franchise fees, the FCC user
fee, or any tax, fee, or assessment of general applicability collected by the Grantee
from subscribers for pass-through to a government agency.
8.
“Person” means an individual, partnership, association, joint stock company,
trust, corporation, or governmental entity.
9.
“Public way” means the surface of and the space above and below, any public
street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk,
parkway, way, lane, public way, drive, circle, or other public right-of-way, including
(but not limited to) public utility easements, dedicated utility strips, or rights-of-way
dedicated for compatible uses now or hereafter held by the City in the service area
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CHAPTER 113
which shall entitle the Grantee to the use thereof for the purpose of installing,
operating, repairing, and maintaining the cable system.
10.
“Service area” means the present boundaries of the City, and includes any
additions thereto by annexation or other legal means, subject to the exceptions in
Section 113.13 of this chapter.
11.
“Standard installation” is defined as 125 feet from the nearest tap to the
subscriber’s terminal.
12.
“Subscriber” means a person who lawfully receives cable service of the cable
system with the Grantee’s express permission.
113.02 GRANT. The City hereby grants to the Grantee a nonexclusive franchise which
authorizes the Grantee to construct and operate a cable system in, along, among, upon, across,
above, over, under, or in any manner connected with public ways within the service area, and
for that purpose to erect, install, construct, repair, replace, reconstruct, maintain, or retain in,
on, over, under, upon, across, or along any public way such facilities and equipment as may
be necessary or appurtenant to the cable system for the transmission and distribution of cable
services, data services, information and other communications services or for any other lawful
purposes.
113.03 OTHER ORDINANCES. The Grantee agrees to comply with the terms of any
lawfully adopted generally applicable local ordinance, to the extent that the provisions of the
ordinance do not have the effect of limiting the benefits or expanding the obligations of the
Grantee that are granted by the franchise. Neither party may unilaterally alter the material
rights and obligations set forth in this chapter. In the event of a conflict between any
ordinance and this chapter, this chapter shall control.
113.04 OTHER AUTHORIZATIONS. The City shall not permit any person to provide
services similar to those provided by the Grantee in the service area without first having
secured a nonexclusive franchise from the City. The City agrees that any grant of additional
franchises or other authorizations including OVS authorizations by the City to provide
services similar to those provided by the Grantee pursuant to this chapter to any other entity
shall cover the entire service area and shall not be on terms and conditions more favorable or
less burdensome to the grantee of any such additional franchise or other authorization than
those which are set forth herein. In any renewal of the franchise, the City, should it seek to
impose increased obligations upon the Grantee, must take into account any additional
franchises or authorizations previously granted and find that the proposed increased
obligations in the renewal, are not more burdensome and/or less favorable than those
contained in any such additional franchises or authorizations.
113.05 CONDITIONS OF OCCUPANCY. The cable system installed by the Grantee
pursuant to the terms hereof shall be located so as to cause a minimum of interference with
the proper use of public ways and with the rights and reasonable convenience of property
owners who own property that adjoins any of such public ways.
113.06 RESTORATION OF PUBLIC WAYS. If during the course of the Grantee’s
construction, operation, or maintenance of the cable system there occurs a disturbance of any
public way by the Grantee, Grantee shall replace and restore such public way to a condition
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CHAPTER 113
reasonably comparable to the condition of the public way existing immediately prior to such
disturbance.
113.07 RELOCATION FOR THE CITY. Upon its receipt of reasonable advance written
notice, to be not less than ten business days, the Grantee shall protect, support, raise, lower,
temporarily disconnect, relocate in or remove from the public way, any property of the
Grantee when lawfully required by the City by reason of traffic conditions, public safety,
street abandonment, freeway and street construction, change or establishment of street grade,
installation of sewers, drains, gas or water pipes, or any other type of public structures or
improvements which are not used to compete with the Grantee’s services. The Grantee shall
in all cases have the right of abandonment of its property.
113.08 RELOCATION FOR A THIRD PARTY. The Grantee shall, on the request of
any person holding a lawful permit issued by the City, protect, support, raise, lower,
temporarily disconnect, relocate in or remove from the public way as necessary any property
of the Grantee, provided: (i) the expense of such is paid by said person benefiting from the
relocation, including, if required by the Grantee, making such payment in advance; and (ii)
the Grantee is given reasonable advance written notice to prepare for such changes. For
purposes of this subsection, “reasonable advance written notice” shall be no less than 30
business days in the event of a temporary relocation, and no less than 120 days for a
permanent relocation.
113.09 TRIMMING OF TREES AND SHRUBBERY. The Grantee shall have the
authority to trim trees or other natural growth in order to access and maintain the cable
system.
113.10 SAFETY REQUIREMENTS. Construction, operation, and maintenance of the
cable system shall be performed in an orderly and workmanlike manner. All such work shall
be performed in substantial accordance with generally applicable Federal, State, and local
regulations and the National Electric Safety Code.
113.11 UNDERGROUND CONSTRUCTION. In those areas of the service area where
all of the transmission or distribution facilities of the respective public utilities providing
telephone communications and electric services are underground, the Grantee likewise shall
construct, operate, and maintain its cable system underground. Nothing contained in this
section shall require the Grantee to construct, operate, and maintain underground any groundmounted appurtenances.
113.12 ACCESS TO OPEN TRENCHES. The City agrees to include the Grantee in the
platting process for any new subdivision. At a minimum, the City agrees to require as a
condition of issuing a permit for open trenching to any utility or developer that: (i) the utility
or developer give the Grantee at least ten days’ advance written notice of the availability of
the open trench; and (ii) the utility or developer provide the Grantee with reasonable access to
the open trench. Notwithstanding the foregoing, the Grantee shall not be required to utilize
any open trench.
113.13 REQUIRED EXTENSIONS OF THE CABLE SYSTEM. Grantee agrees to
provide cable service to all residences in the service area subject to the density requirements
specified in this subsection. Whenever the Grantee receives a request for cable service from a
potential subscriber in an unserved area contiguous to Grantee’s existing distribution facilities
- 589 -
CHAPTER 113
where there are at least 10 residences within 1,320 cable-bearing strand feet (one-quarter
cable mile) from the portion of the Grantee’s trunk or distribution cable which is to be
extended, it shall extend its cable system to such subscribers at no cost to said subscribers for
the cable system extension, other than the published standard/nonstandard installation fees
charged to all subscribers. Notwithstanding the foregoing, the Grantee shall have the right,
but not the obligation, to extend the cable system into any portion of the service area where
another operator is providing cable service, into any annexed area which is not contiguous to
the present service area of the Grantee, or into any area which is financially or technically
infeasible due to extraordinary, circumstances, such as a runway or freeway crossing.
113.14 SUBSCRIBER CHARGES FOR EXTENSIONS. No subscriber shall be refused
service arbitrarily. However, if an area does not meet the density requirements of Section
113.13 above, the Grantee shall only be required to extend the cable system to subscribers in
that area if the subscribers are willing to share the capital costs of extending the cable system.
Specifically, the Grantee shall contribute a capital amount equal to the construction cost per
mile, multiplied by a fraction whose numerator equals the actual number of residences per
1,320 cable-bearing strand feet from the Grantee’s trunk or distribution cable, and whose
denominator equals 10. Subscribers who request service hereunder shall bear the remaining
cost to extend the cable system on a pro rata basis. The Grantee may require that payment of
the capital contribution in aid of construction borne by such potential subscribers be paid in
advance. Subscribers shall also be responsible for any standard/nonstandard installation
charges to extend the cable system from the tap to the residence.
113.15
CABLE SERVICE TO PUBLIC BUILDINGS.
1.
The Grantee, upon request, shall provide without charge, a standard
installation and one outlet of family basic cable to those administrative buildings
owned and occupied by the City (e.g., City Hall, Library, Convention Center,
Wellness Center, Weidler Community Service Center, Street Building, Water
Building, Waste Water Building, National Guard Armory, Fire Stations, police
stations, etc.), and K-12 public and Gehlen schools that are passed by its cable
system. The cable service provided shall not be distributed beyond the originally
installed outlet without authorization from the Grantee. The cable service provided
shall not be used for commercial purposes, and such outlets shall not be located in
areas open to the public. The City shall take reasonable precautions to prevent any
inappropriate use of the Grantee’s cable system or any loss or damage to Grantee’s
cable system. The City shall hold the Grantee harmless from any and all liability or
claims arising out of the provision and use of cable service required by this
subsection. The Grantee shall not be required to provide an outlet to such buildings
where a nonstandard installation is required, unless the City or building
owner/occupant agrees to pay the incremental cost of any necessary cable system
extension and/or nonstandard installation. If additional outlets of basic cable are
provided to such buildings, the building owner/occupant shall pay the usual
installation and service fees associated therewith.
2.
The Grantee shall activate and assign one channel on the cable system to the
full-time non-commercial transmission of public, education and governmental (PEG)
programming to be determined and carried out at the sole discretion of the City. The
City may request and the Grantee shall provide a second channel for the use of PEG
programming but not until the City can demonstrate that the first channel assigned to
PEG programming is used on an average of eight (8) hours per day with not less than
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five (5) hours each week being new programming. Upon reasonable request by the
Grantee, the City shall provide a written report describing the use and programming
of said PEG access channel or channels.
3.
The Grantee shall provide ongoing capital support for public, educational,
and governmental access equipment and facilities in the amount of twenty cents
($.20) per subscriber per month for the entire term of the franchise payable in the
same manner as the franchise fee payment pursuant to this chapter. The Grantee
acknowledges that this amount shall not be considered gross revenues subject to the
payment of franchise fees pursuant to this chapter. Furthermore, payments of this
ongoing support shall not be deemed to be “franchise fees” within the meaning of
Section 622 of the Cable Act and such payment shall not be deemed to be “paymentsin-kind” or any involuntary payments chargeable against the compensation to be paid
to the City by Grantee pursuant to this chapter. Grantee shall be allowed to collect
such fee as a pass-through to cable subscribers. The City shall indemnify the Grantee
for all programming provided on the access channel and hold the Grantee harmless
from any claims by any person that the PEG Capital Support Grant violates applicable
law.
4.
In addition to two existing locations, Le Mars Public High School and Le
Mars City Council Chambers, Grantee agrees to establish three additional locations
for a total of five (5) locations within the service area to the cable system, such new
locations to be identified and approved by the City, that will be capable of
communication to the head end for further distribution throughout the cable system of
audio and video signals. Said locations are intended to serve as remote points from
which live and taped PEG programming can be transmitted via the cable system and
the PEG access channels. The City and Grantee agree to negotiate in good faith to
identify further specifics regarding the location and use of the three new locations.
113.16
FRANCHISE FEE.
1.
The Grantee shall pay to the City a franchise fee of five percent (5%) of
annual gross revenues (as defined in Section 113.01 of this chapter). In accordance
with the Cable Act, the 12-month period applicable under the franchise for the
computation of the franchise fee shall be a calendar year. The franchise fee payment
shall be due annually and payable within 90 days after the close of the preceding
calendar year. Each payment shall be accompanied by a brief report prepared by a
representative of the Grantee showing the basis for the computation.
2.
Limitation on Franchise Fee Actions. The period of limitation for recovery
by the City of any franchise fee payable hereunder shall be three (3) years from the
date on which payment by the Grantee is due to the City.
3.
Rates and Charges. The City may regulate rates for the provision of basic
cable and equipment as expressly permitted by Federal law.
4.
Renewal of Franchise.
A.
The City and the Grantee agree that any proceedings undertaken by
the City that relate to the renewal of the Grantee’s franchise shall be
governed by and comply with the renewal provisions of Federal law.
B.
In addition to the procedures set forth in the Cable Act, the City
agrees to notify the Grantee of all of its assessments regarding the identity of
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future cable-related community needs and interests, as well as the past
performance of the Grantee under the then-current franchise term. The City
further agrees that such assessments shall be provided to the Grantee
promptly so that the Grantee has adequate time to submit a proposal pursuant
to the Cable Act and complete renewal of the franchise prior to expiration of
its term.
C.
Notwithstanding anything to the contrary set forth in this subsection,
the Grantee and the City agree that at any time during the tern of the thencurrent franchise, while affording the public appropriate notice and
opportunity to comment in accordance with the provisions of Federal law, the
City and the Grantee may agree to undertake and finalize informal
negotiations regarding renewal of the then-current franchise and the City may
grant a renewal thereof.
D.
The Grantee and the City consider the terms set forth in this
subsection to be consistent with the express renewal provisions of the Cable
Act.
5.
Conditions of Sale. If a renewal or extension of the Grantee’s franchise is
denied or the franchise is lawfully terminated, and the City either lawfully acquires
ownership of the cable system or by its actions lawfully effects a transfer of
ownership of the cable system to another party, any such acquisition or transfer shall
be at the price determined pursuant to the provisions set forth in Section 627 of the
Cable Act. The Grantee and the City agree that in the case of a final determination of
a lawful revocation of the franchise, the Grantee shall be given at least twelve (12)
months to effectuate a transfer of its cable system to a qualified third party.
Furthermore, the Grantee shall be authorized to continue to operate pursuant to the
terms of its prior franchise during this period. If, at the end of that time, the Grantee
is unsuccessful in procuring a qualified transferee or assignee of its cable system
which is reasonably acceptable to the City, the Grantee and the City may avail
themselves of any rights they may have pursuant to Federal or State law. It is further
agreed that the Grantee’s continued operation of the cable system during the 12month period shall not be deemed to be a waiver or an extinguishment of any rights of
either the City or the Grantee.
6.
Transfer of Franchise. The Grantee’s right, title, or interest in the franchise
shall not be sold, transferred, assigned, or otherwise encumbered, other than to an
entity controlling, controlled by, or under common control with the Grantee, without
prior written notice to the City. No such notice shall be required, however, for a
transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights,
title, or interest of the Grantee in the franchise or cable system in order to secure
indebtedness.
113.17 BOOKS AND RECORDS. The Grantee agrees that the City, upon 30 days’
written notice to the Grantee and no more than once annually may review such of its books
and records at the Grantee’s business office, during normal business hours and on a nondisruptive basis, as is reasonably necessary to ensure compliance with the terms of this
chapter. Such notice shall specifically reference the subsection of this chapter which is under
review, so that the Grantee may organize the necessary books and records for easy access by
the City. Alternatively, if the books and records are not easily accessible at the local office of
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the Grantee, the Grantee may, at its sole option, choose to pay the reasonable travel costs of
the City’s representative to view the books and records at the appropriate location. The
Grantee shall not be required to maintain any books and records for franchise compliance
purposes longer than three (3) years. Notwithstanding anything to the contrary set forth
herein, the Grantee shall not be required to disclose information which it reasonably deems to
be proprietary or confidential in nature, or disclose books and records of any affiliate which is
not providing cable service in the service area. The City agrees to treat any information
disclosed by the Grantee as confidential and only to disclose it to employees, representatives,
and agents thereof that have a need to know, or in order to enforce the provisions hereof. The
Grantee shall not be required to provide subscriber information in violation of Section 631 of
the Cable Act.
113.18
INSURANCE AND INDEMNIFICATION.
1.
Insurance Requirements. The Grantee shall maintain in full force and effect,
at its own cost and expense, during the term of the Franchise, Commercial General
Liability Insurance in the amount of $1,000,000 combined single limit for bodily
injury and property damage. The City shall be designated as an additional insured.
Such insurance shall be non-cancelable except upon 30 days’ prior written notice to
the City. Upon written request, the Grantee shall provide a Certificate of Insurance
showing evidence of the coverage required by this subsection.
2.
Indemnification. The Grantee agrees to indemnify, save and hold harmless,
and defend the City, its officers, boards and employees, from and against any liability
for damages and for any liability or claims resulting from property damage or bodily
injury (including accidental death), which arise out of the Grantee’s construction,
operation, or maintenance of its cable system in the service area provided that the
City shall give the Grantee written notice of its obligation to indemnify the City
within ten days of receipt of a claim or action pursuant to this subsection.
Notwithstanding the foregoing, the Grantee shall not indemnify the City for any
damages, liability, or claims resulting from the willful misconduct or negligence of
the City.
113.19
ENFORCEMENT AND TERMINATION OF FRANCHISE.
1.
Notice of Violation. In the event that the City believes that the Grantee has
not complied with the terms of the franchise, the City shall informally discuss the
matter with Grantee. If these discussions do not lead to resolution of the problem, the
City shall notify the Grantee in writing of the exact nature of the alleged
noncompliance.
2.
The Grantee’s Right to Cure or Respond. The Grantee shall have 30 days
from receipt of the notice described in subsection 1: (i) to respond to the City,
contesting the assertion of noncompliance; or (ii) to cure such default; or (iii) in the
event that, by the nature of default, such default cannot be cured within the 30-day
period, initiate reasonable steps to remedy such default and notify the City of the
steps being taken and the projected date that they will be completed.
3.
Public Hearing. In the event that the Grantee fails to respond to the notice
described in subsection 1 pursuant to the procedures set forth in subsection 2, or in
the event that the alleged default is not remedied within 30 days or the date projected
pursuant to paragraph 2(iii) above, if it intends to continue its investigation into the
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default, then the City shall schedule a public hearing. The City shall provide the
Grantee at least 10 days’ prior written notice of such hearing, which specifies the
time, place, and purpose of such hearing, and provide the Grantee the opportunity to
be heard.
4.
Enforcement. Subject to applicable Federal and State law, in the event the
City, after the hearing set forth in subsection 3, determines that the Grantee is in
default of any provision of the franchise, the City may:
A.
Seek specific performance of any provision, which reasonably lends
itself to such remedy, as an alternative to damages; or
B.
Commence an action at law for monetary damages or seek other
equitable relief; or
C.
In the case of a substantial default of a material provision of the
franchise, seek to revoke the franchise in accordance with subsection 5.
5.
Revocation. Should the City seek to revoke the franchise after following the
procedures set forth in subsections 1 through 4 above, the City shall give written
notice to the Grantee of its intent. The notice shall set forth the exact nature of the
noncompliance. The Grantee shall have 90 days from such notice to object in writing
and to state its reasons for such objection. In the event the City has not received a
satisfactory response from the Grantee, it may then seek termination of the franchise
at a public hearing. The City shall cause to be served upon the Grantee, at least 30
days prior to such public hearing, a written notice specifying the time and place of
such hearing and stating its intent to revoke the franchise. At the designated hearing,
Grantee shall be provided a fair opportunity for full participation, including the right
to be represented by legal counsel, to introduce relevant evidence, to require the
production of evidence, to compel the relevant testimony of the officials, agents,
employees, or consultants of the City, to compel the testimony of other persons as
permitted by law, and to question witnesses. A complete verbatim record and
transcript shall be made of such hearing. Following the hearing, the City shall
determine whether or not the franchise shall be revoked. If the City determines that
the franchise shall be revoked, the City shall promptly provide Grantee with its
decision in writing. The Grantee may appeal such determination of the City to an
appropriate court which shall have the power to review the decision of the City de
novo. Grantee shall be entitled to such relief as the court finds appropriate. Such
appeal must be taken within 60 days of Grantee’s receipt of the determination of the
City. The City may, at its sole discretion, take any lawful action which it deems
appropriate to enforce the City’s rights under the franchise in lieu of revocation of the
franchise.
6.
Force Majeure. The Grantee shall not be held in default under, or in
noncompliance with, the provisions of the franchise, or suffer any enforcement or
penalty relating to noncompliance or default, where such noncompliance or alleged
defaults occurred or were caused by circumstances reasonably beyond the ability of
the Grantee to anticipate and control. This provision includes work delays caused by
waiting for utility providers to service or monitor their utility poles to which the
Grantee’s cable system is attached, as well as unavailability of materials and/or
qualified labor to perform the work necessary. Furthermore, the parties hereby agree
that it is not the City’s intention to subject the Grantee to penalties, fines, forfeitures
or revocation of the franchise for violations of the franchise where the violation was a
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good faith error that resulted in no or minimal negative impact on the subscribers
within the service area, or where strict performance would result in practical
difficulties and hardship to the Grantee which outweigh the benefit to be derived by
the City and/or subscribers.
113.20 ACTIONS OF PARTIES. In any action by the City or the Grantee that is
mandated or permitted under the terms hereof, such party shall act in a reasonable,
expeditious, and timely manner. Furthermore, in any instance where approval or consent is
required under the terms hereof, such approval or consent shall not be unreasonably withheld.
113.21 ENTIRE AGREEMENT. This chapter constitutes the entire agreement between
the Grantee and the City and supersedes all other prior understandings and agreements oral or
written. Any amendments to this chapter shall be mutually agreed to in writing by the parties.
113.22 RESERVATION OF RIGHTS. Acceptance of the terms and conditions of the
franchise will not constitute, or be deemed to constitute, a waiver, either express or implied,
by Grantee of any constitutional or legal right which it may have or may be determined to
have, either by subsequent legislation or court decisions. The City acknowledges that Grantee
reserves all of its rights under applicable Federal and State Constitutions and laws.
113.23 NOTICE. Unless expressly otherwise agreed between the parties, every notice or
response required by this chapter to be served upon the City or the Grantee shall be in writing,
and shall be deemed to have been duly given to the required party when placed in a properly
sealed and correctly addressed envelope: (i) upon receipt when hand delivered with
receipt/acknowledgment; (ii) upon receipt when sent certified, registered mail; (iii) within
five business days after having been posted in the regular mail; or (iv) on the next business
day if sent by express mail or overnight air courier.
EDITOR’S NOTE
Ordinance No. 845 adopting a cable television franchise for the City was
passed and adopted on September 21, 2004. The franchise shall expire on
February 21, 2020, unless extended by the mutual agreement of the parties.
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CEMETERIES
116.01
116.02
116.03
116.04
116.05
116.06
Purpose
Control By Council
Enforcement
Trespassing and Damaging Improvements
Records
Sale of Interment Rights
116.07
116.08
116.09
116.10
116.11
116.12
Perpetual Care
Cemetery Lots without Perpetual Care
Annual Care
Improvements; Maintenance
Restrictions on Activities of Visitors
Rules and Regulations
116.01 PURPOSE. The purpose of this chapter is to provide rules and regulations for the
care and management of the cemetery grounds owned or operated by the City. As used
herein, the term “cemetery” refers to Resthaven Memory Gardens and Memorial Cemetery.
116.02 CONTROL BY COUNCIL. The Cemetery grounds owned or operated by the City
are under the control of the Council, and the Council shall have the power to make additional
rules and regulations for the cemetery by resolution as it may deem requisite and proper.
Pursuant to Section 523I.502 of the Code of Iowa, the Council hereby states its willingness
and intention to act as the trustee for the perpetual maintenance of the cemetery property.
116.03 ENFORCEMENT. It is the duty of the City Administrator to enforce the rules and
regulations for City cemeteries herein and as otherwise provided by resolution of the Council.
Such officer shall have police power to arrest anyone willfully violating any of such rules and
regulations or creating any disturbance or breach of the peace.
116.04 TRESPASSING AND DAMAGING IMPROVEMENTS. It is unlawful for any
person to deface or injure any grave, vault, tombstone or monument or any building, fence,
tree, shrub, flower or other thing belonging to a cemetery, or to dig any grave therein, or
interfere with any grave, lot, street or alley therein, without the permission of the Mayor or
City Administrator.
116.05 RECORDS. It is the duty of the Clerk to make and keep complete records
identifying the owners of all interment rights sold by the cemetery and historical information
regarding any transfers of ownership. The records shall include all of the following:
1.
Sales or Transfers of Interment Rights.
A.
The name and last known address of each owner or previous owner
of interment rights.
B.
The date of each purchase or transfer of interment rights.
C.
A unique numeric or alphanumeric identifier that identifies the
location of each interment space sold by the cemetery.
2.
Interments.
A.
The date the remains are interred.
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CEMETERIES
B.
The name, date of birth, and date of death of the decedent interred, if
those facts can be conveniently obtained.
C.
A unique numeric or alphanumeric identifier that identifies the
location of each interment space where the remains are interred.
116.06 SALE OF INTERMENT RIGHTS. The sale or transfer of interment rights in the
cemetery shall be evidenced by a certificate of interment rights or other instrument evidencing
the conveyance of exclusive rights of interment upon payment in full of the purchase price.
The agreement for interment rights shall disclose all information required by Chapter 523I of
the Code of Iowa. The payment of all fees and charges shall be made at the office of the
Clerk where receipts will be issued for all amounts paid. Said fees and charges shall be based
upon the charges as established by the Council.
116.07 PERPETUAL CARE. The Council, by resolution, shall accept, receive, and
expend all moneys and property donated or left to them by bequest for perpetual care, and that
portion of interment space sales or permanent charges made against interment spaces which
has been set aside in a perpetual care fund. The assets of the perpetual care fund shall be
invested in accordance with State law. The Council, by resolution, shall provide for the
payment of interest annually to the appropriate fund, or to the cemetery, or to the person in
charge of the cemetery to be used in caring for or maintaining the individual property of the
donor in the cemetery, or interment spaces which have been sold with provisions for perpetual
care, all in accordance with the terms of the donation or bequest, or the terms of the sale or
purchase of an interment space and Chapter 523I of the Code of Iowa.
(Code of Iowa, Sec. 523I.503, 523I.507 & 523I.508)
116.08 CEMETERY LOTS WITHOUT PERPETUAL CARE. Owners of lots or other
interested persons may secure perpetual care on lots or parts of lots in the older portions of
the cemetery not having perpetual care by the payment to the City of the perpetual care
charges at the rates specified in the rules and regulations.
116.09 ANNUAL CARE. An annual care charge as specified in the rules and regulations
shall be made by the City on those lots in the older portions of the cemetery which are not at
present under perpetual or endowed care. The City reserves the right to refuse to furnish
maintenance service, or to permit the erection of any monumental work on those lots not
under perpetual or endowed care or when the annual care on such lot has not been paid in
advance.
116.10 IMPROVEMENTS; MAINTENANCE.
1.
Lot Corners To Be Marked. All lots shall bear one iron corner mark, with the
number of such lot marked thereon.
2.
Grade. The grade of cemetery lots and other cemetery grounds, roads and
walkways shall be established by the Council, and no lot shall be filled above the
established grade.
3.
Control of Work. All persons employed in the construction of vaults or
tombs, erection of monuments, etc., shall be subject to the control and direction of the
City Administrator. All materials brought into the cemetery to be used in improving
lots shall be transported and deposited within the cemetery in such manner as the City
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CEMETERIES
Administrator may direct, and all earthwork and rubbish accumulated in improving
such lots shall be removed under the City Administrator’s direction, at the expense of
the proprietor of such lot. Any person failing to conform to this regulation will not be
permitted afterwards to work in the cemetery.
4.
Control of Maintenance. All work in the care of lots shall be done under the
supervision of the City Administrator. The roads and walkways will be kept in good
condition and the lots kept clean by the City, but any extra care or work such as
planting trees, cultivating flowers or other extraordinary work on lots will only be
done at the owner’s expense and under the direction of the City Administrator.
5.
Rights of Owners.
A.
Monuments; Plants. The owner of each lot shall have the right,
subject to the approval of the City Administrator, and the ordinances, rules
and regulations of the Council, to erect any proper headstone, monument or
memorial thereon, except in Block 18, 23 and all of Resthaven Memory
Gardens, which has been established as a memorial section, where only
markers flush with the ground will be permitted. The owner shall not have
the right to cultivate trees, shrubs and plants on the same, but no tree growing
within any lot shall be cut down, removed or destroyed without the consent of
the City Administrator or the Council.
B.
Extra Work on Lots. Owners of lots may have extra work or repairs
done upon their lots by leaving a written order with the City Administrator,
specifying the work they wish done. The owner will be given an estimate of
the cost of such work and upon the payment thereof, in advance, the work,
insofar as it is consistent with the rules and regulations herein or adopted by
resolution of the Council, will be promptly done.
6.
Foundations For and Installing Monuments and Improvements. Foundations
for all monuments or other superstructures shall have the approval of the City
Administrator or other authorized officer. The setting of all monuments, including
foundation, shall be the responsibility of the company furnishing same and all work
shall be under the supervision of the City Administrator.
7.
Supervising Planting; Plants Prohibited. If trees or shrubs are planted upon
any lot, such planting shall be done under the supervision of the City Administrator,
and such trees, plants and shrubs shall be of such varieties only as will not injure
adjacent lots. Silver leaf poplars, locust trees, cottonwoods, lilac and syringa bushes
will not be allowed.
8.
Removal of Refuse and Building Material. Material for stone or marble work
will not be allowed to remain in the cemetery longer than is strictly necessary, and
refuse or unused material shall be removed as soon as the work is completed. In case
of neglect, such removal will be made by the City Administrator, at the expense of the
lot owner or contractor, who shall be severally responsible.
9.
Hedges, Structures and Large Urns Prohibited. Hedges, fences, wood trellis
and large vases or urns are prohibited.
10.
Enclosures Prohibited; Remodeling Lots. Enclosures around burial lots are
not permitted to be erected, and the City Administrator is authorized to remove any
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CEMETERIES
enclosure heretofore erected, if desired by the owner, and to remodel lots in
conformity with this chapter at the expense of the owner.
11.
Removal of Unsightly or Detrimental Conditions. If any trees or shrubs
situated upon any lot shall, by means of their roots, branches or otherwise, become
detrimental to the adjacent lots or avenues, or unsightly or inconvenient to passersby,
the Council will order the City Administrator to remove said trees and shrubs, or such
parts thereof as are detrimental, unsightly or inconvenient; and if any lot or structure
thereon shall become unsightly, by the neglect of the owner thereof, the Council may
order the City Administrator to put the same in proper order and repair, and the
Council may make a reasonable charge for the removal of such structure, trees or
shrubs, and the repairs on any lot, which charge shall be paid by the lot owner when
notified, and until such charge shall be paid by such lot owner, such owner shall be
barred from further use of said lot.
116.11 RESTRICTIONS ON ACTIVITIES OF VISITORS.
1.
Access. Visitors shall be allowed access to the cemetery at all proper times,
and must observe all rules now in force or that may be adopted for the regulation of
the grounds.
2.
Unauthorized Persons Prohibited. All unauthorized persons and all those
known to have wantonly violated any of the rules and regulations of the cemetery
grounds, will be not be permitted to enter the grounds.
3.
Vehicles in Cemeteries. No vehicle shall be driven in excess of five (5) miles
per hour, nor shall any vehicle be driven on any grounds of the cemetery other than
the roadways.
4.
Bicycles and Motorcycles Prohibited. The riding of bicycles or motorcycles
within the cemetery grounds is prohibited.
5.
Soliciting; Advertising. The soliciting for contracts or orders for monuments,
headstones, memorials or other work in the cemetery grounds is prohibited. Signs,
notices or advertisement of contractors, stonecutters, undertakers or any other person
are prohibited upon or within the cemetery grounds.
6.
Shooting Firearms. Shooting of firearms upon cemetery grounds is
prohibited, except as military funerals or on Decoration Day, Memorial Day or as
otherwise authorized by the Council.
7.
Dogs Prohibited. Dogs shall not be brought within the cemetery grounds.
8.
Littering. It is unlawful for any person to throw any waste paper, cans or
other refuse upon the grounds of the cemetery.
116.12 RULES AND REGULATIONS. Rules and regulations for the cemetery may be
adopted, and may be amended from time to time, by resolution of the Council and may cover
such things as the use, care, control, management, restrictions and protection of the cemetery
as necessary for the proper conduct of the business of the cemetery. The rules shall specify
the cemetery’s obligations in the event that interment spaces, memorials, or memorializations
are damaged or defaced by acts of vandalism. Any veteran, as defined in Section 35.1 of the
Code of Iowa, or a resident of the State who served in the armed forces of the United States,
completed a minimum aggregate of ninety days of active Federal service and was discharged
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CEMETERIES
under honorable conditions, who is a landowner or who lives within the City shall be allowed
to purchase an interment space and be interred within the cemetery and also be allowed to
purchase an interment space for interment of the spouse of the veteran if such a space is
available and shall allow the surviving spouse of a veteran interred within the cemetery to
purchase an interment space and be interred within the cemetery if such a space is available.
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CEMETERIES
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CHAPTER 117
MUNICIPAL AIRPORT
117.01
117.02
117.03
117.04
Purpose
Definition
Extent of Power
Council Control
117.05 Regulations
117.06 Air Traffic Rules
117.07 Airport Manager
117.01 PURPOSE. This chapter is to provide for the establishment, control, supervision
and operation of the Le Mars Municipal Airport.
117.02 DEFINITION. As used in this chapter, “airport” includes landing fields, airdrome,
aviation field or other similar terms used in connection with aerial traffic.
117.03 EXTENT OF POWER. The provisions of this chapter shall extend to the lands
and waters within the City and to the space above the land and waters within the City and to
the airport controlled, maintained and operated by the City outside its corporate limits and to
the space above the same.
117.04 COUNCIL CONTROL. The Le Mars Municipal Airport is under the control of
the Council. The Airport Committee of the Council has general supervision over the airport,
subject to the control of the entire Council.
117.05 REGULATIONS. Any rules and regulations so made or laid down by the Council
shall in no way be contrary to or in conflict with the rules and regulations for the operation of
aircraft adopted by the Federal government or the State.
117.06 AIR TRAFFIC RULES. It is unlawful to operate any aircraft over or within the
City or the Le Mars Municipal Airport in violation of the air traffic rules and regulations
which have been or may hereafter be established by any office of the Federal or State
government whose duty it may be to establish such rules.
117.07
AIRPORT MANAGER.
1.
Appointment and Supervision. The Le Mars Municipal Airport shall be
managed by an Airport Manager to be appointed by the Mayor with Council approval.
The Airport Manager shall work under the supervision of the Airport Committee of
the Council.
2.
Regulatory Authority. Subject to the terms and conditions of a written
contract of employment by and between the City and the Airport Manager, the
Airport Manager shall have full charge, responsibility and supervision of the airport
and shall have the right to determine what aircraft shall use the airport and shall lay
down rules for the use of the airport by aircraft.
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MUNICIPAL AIRPORT
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CHAPTER 120
LIQUOR LICENSES AND WINE AND BEER PERMITS
120.01 License or Permit Required
120.02 General Prohibition
120.03 Investigation
120.04 Action by Council
120.05 Prohibited Sales and Acts
120.06 Amusement Devices
120.01 LICENSE OR PERMIT REQUIRED. No person shall manufacture for sale,
import, sell, or offer or keep for sale, alcoholic liquor, wine, or beer without first securing a
liquor control license, wine permit or beer permit in accordance with the provisions of
Chapter 123 of the Code of Iowa.
(Code of Iowa, Sec. 123.22, 123.122 & 123.171)
120.02 GENERAL PROHIBITION. It is unlawful to manufacture for sale, sell, offer or
keep for sale, possess or transport alcoholic liquor, wine or beer except upon the terms,
conditions, limitations and restrictions enumerated in Chapter 123 of the Code of Iowa, and a
license or permit may be suspended or revoked or a civil penalty may be imposed for a
violation thereof.
(Code of Iowa, Sec. 123.2, 123.39 & 123.50)
120.03 INVESTIGATION. Upon receipt of an application for a liquor license, wine or
beer permit, the Clerk may forward it to the Police Chief, who shall then conduct an
investigation and submit a written report as to the truth of the facts averred in the application.
The Fire Chief may also inspect the premises to determine if they conform to the
requirements of the City. The Council shall not approve an application for a license or permit
for any premises which does not conform to the applicable law and ordinances, resolutions
and regulations of the City.
120.04 ACTION BY COUNCIL. The Council shall either approve or disapprove the
issuance of the liquor control license or retail wine or beer permit and shall endorse its
approval or disapproval on the application, and thereafter the application, necessary fee and
bond, if required, shall be forwarded to the Alcoholic Beverages Division of the State
Department of Commerce for such further action as is provided by law.
120.05 PROHIBITED SALES AND ACTS. A person or club holding a liquor license or
retail wine or beer permit and the person’s or club’s agents or employees shall not do any of
the following:
1.
Sell, dispense or give to any intoxicated person, or one simulating
intoxication, any alcoholic liquor, wine or beer.
2.
Sell or dispense any alcoholic beverage, wine or beer on the premises covered
by the license or permit, or permit its consumption thereon between the hours of 2:00
a.m. and 6:00 a.m. on a weekday, and between the hours of 2:00 a.m. on Sunday and
6:00 a.m. on the following Monday; however, a holder of a license or permit granted
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the privilege of selling alcoholic liquor, beer or wine on Sunday may sell or dispense
alcoholic liquor, beer or wine between the hours of 8:00 a.m. on Sunday and 2:00
a.m. of the following Monday, and further provided that a holder of any class of
liquor control license or the holder of a class “B” beer permit may sell or dispense
alcoholic liquor, wine or beer for consumption on the premises between the hours of
8:00 a.m. on Sunday and 2:00 a.m. on Monday when that Monday is New Year’s Day
and beer for consumption off the premises between the hours of 8:00 a.m. on Sunday
and 2:00 a.m. on the following Monday when that Sunday is the day before New
Year’s Day.
(Code of Iowa, Sec. 123.49 [2b and 2k] & 123.150)
3.
Sell alcoholic beverages, wine, or beer to any person on credit, except with a
bona fide credit card. This provision does not apply to sales by a club to its members,
to sales by a hotel or motel to bona fide registered guests or to retail sales by the
managing entity of a convention center, civic center, or events center.
4.
Employ a person under eighteen (18) years of age in the sale or serving of
alcoholic liquor, wine or beer for consumption on the premises where sold.
(Code of Iowa, Sec. 123.49 [2f])
5.
In the case of a retail beer or wine permittee, knowingly allow the mixing or
adding of alcohol or any alcoholic beverage to beer, wine or any other beverage in or
about the permittee’s place of business.
(Code of Iowa, Sec. 123.49 [2i])
6.
Knowingly permit any gambling, except in accordance with Iowa law, or
knowingly permit any solicitation for immoral purposes, or immoral or disorderly
conduct on the premises covered by the license or permit.
(Code of Iowa, Sec. 123.49 [2a])
7.
Knowingly permit or engage in any criminal activity on the premises covered
by the license or permit.
(Code of Iowa, Sec. 123.49 [2j])
8.
Keep on premises covered by a liquor control license any alcoholic liquor in
any container except the original package purchased from the Alcoholic Beverages
Division of the State Department of Commerce and except mixed drinks or cocktails
mixed on the premises for immediate consumption. However, mixed drinks or
cocktails that are mixed on the premises and are not for immediate consumption may
be consumed on the licensed premises, subject to rules adopted by the Alcoholic
Beverages Division.
(Code of Iowa, Sec. 123.49[2d])
9.
Reuse for packaging alcoholic liquor or wine any container or receptacle used
originally for packaging alcoholic liquor or wine; or adulterate, by the addition of any
substance, the contents or remaining contents of an original package of an alcoholic
liquor or wine; or knowingly possess any original package which has been reused or
adulterated.
(Code of Iowa, Sec. 123.49 [2e])
10.
Allow any person other than the licensee, permittee or employees of the
licensee or permittee to use or keep on the licensed premises any alcoholic liquor in
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any bottle or other container which is designed for the transporting of such beverages,
except as allowed by State law.
(Code of Iowa, Sec. 123.49 [2g])
11.
Sell, give, possess, or otherwise supply a machine which is used to vaporize
an alcoholic beverage for the purpose of being consumed in a vaporized form.
12.
Permit or allow any person under twenty-one (21) years of age to remain
upon licensed premises unless over fifty percent (50%) of the dollar volume of the
business establishment comes from the sale and serving of prepared foods. This
provision does not apply to holders of a class “C” beer permit only.
120.06 AMUSEMENT DEVICES. The following provisions pertain to electronic or
mechanical amusement devices, which are allowed only in premises with a liquor control
license or beer permit as specifically authorized in Section 99B.10 of the Code of Iowa.
(Code of Iowa, Sec. 99B.10C)
1.
As used in this section an “electronic or mechanical amusement device”
means a device that awards a prize redeemable for merchandise on the premises
where the device is located and which is required to be registered with the Iowa
Department of Inspection and Appeals.
2.
It is unlawful for any person under the age of twenty-one (21) to participate
in the operation of an electrical or mechanical amusement device.
3.
It is unlawful for any person owning or leasing an electrical or mechanical
amusement device, or an employee of a person owning or leasing an electrical or
mechanical amusement device, to knowingly allow a person under the age of 21 to
participate in the operation of an electrical or mechanical amusement device.
4.
It is unlawful for any person to knowingly participate in the operation of an
electrical or mechanical amusement device with a person under the age of 21.
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°°°°°°°°°°
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CIGARETTE AND TOBACCO PERMITS
121.01
121.02
121.03
121.04
121.05
Definitions
Permit Required
Application
Fees
Issuance and Expiration
121.01
121.06
121.07
121.08
121.09
Refunds
Persons Under Legal Age
Self-Service Sales Prohibited
Permit Revocation
DEFINITIONS. For use in this chapter the following terms are defined:
1.
“Alternative nicotine product” means a product, not consisting of or
containing tobacco, that provides for the ingestion into the body of nicotine, whether
by chewing, absorbing, dissolving, inhaling, snorting, or sniffing, or by any other
means. “Alternative nicotine product” does not include cigarettes, tobacco products,
or vapor products, or a product that is regulated as a drug or device by the United
States Food and Drug Administration under Chapter V of the Federal Food, Drug, and
Cosmetic Act.
2.
“Cigarette” means any roll for smoking made wholly or in part of tobacco, or
any substitute for tobacco, irrespective of size or shape and irrespective of tobacco or
any substitute for tobacco being flavored, adulterated or mixed with any other
ingredient, where such roll has a wrapper or cover made of paper or any other
material. However, this definition is not to be construed to include cigars.
3.
“Place of business” means any place where cigarettes or tobacco products are
sold, stored or kept for the purpose of sale or consumption by a retailer.
4.
“Retailer” means every person who sells, distributes or offers for sale for
consumption, or possesses for the purpose of sale for consumption, cigarettes,
alternative nicotine products, or vapor products, irrespective of the quantity or
amount or the number of sales, or who engages in the business of selling tobacco,
tobacco products, alternative nicotine products, or vapor products to ultimate
consumers.
5.
“Self-service display” means any manner of product display, placement, or
storage from which a person purchasing the product may take possession of the
product, prior to purchase, without assistance from the retailer or employee of the
retailer, in removing the product from a restricted access location.
6.
“Tobacco products” means the following: cigars; little cigars; cheroots;
stogies; periques; granulated, plug cut, crimp cut, ready rubbed and other smoking
tobacco; snuff; cavendish; plug and twist tobacco; fine-cut and other chewing
tobaccos; shorts or refuse scraps, clippings, cuttings and sweepings of tobacco; and
other kinds and forms of tobacco prepared in such manner as to be suitable for
chewing or smoking in a pipe or otherwise, or for both chewing and smoking, but
does not mean cigarettes.
7.
“Vapor product” means any noncombustible product, which may or may not
contain nicotine, that employs a heating element, power source, electronic circuit, or
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other electronic, chemical, or mechanical means, regardless of shape or size, that can
be used to produce vapor from a solution or other substance. “Vapor product”
includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe,
or similar product or device, and any cartridge or other container of a solution or
other substance, which may or may not contain nicotine, that is intended to be used
with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe,
or similar product or device. “Vapor product” does not include a product regulated as
a drug or device by the United States Food and Drug Administration under Chapter V
of the Federal Food, Drug, and Cosmetic Act.
121.02 PERMIT REQUIRED.
1.
Retail Cigarette Permits. It is unlawful for any person, other than a holder of
a retail permit, to sell cigarettes, alternative nicotine products, or vapor products at
retail and no retailer shall distribute, sell, or solicit the sale of any cigarettes,
alternative nicotine products, or vapor products within the City without a valid permit
for each place of business. The permit shall, at all times, be publicly displayed at the
place of business so as to be easily seen by the public and the persons authorized to
inspect the place of business.
2.
Retail Tobacco Permits. It is unlawful for any person to engage in the
business of a retailer of tobacco, tobacco products, alternative nicotine products, or
vapor products at any place of business without first having received a permit as a
retailer for each place of business owned or operated by the retailer.
(Code of Iowa, Sec. 453A.47A)
A retailer who holds a retail cigarette permit is not required to also obtain a retail tobacco
permit. However, if a retailer only holds a retail cigarette permit and that permit is
suspended, revoked, or expired, the retailer shall not sell any tobacco, tobacco products,
alternative nicotine products, or vapor products, during such time.
121.03 APPLICATION. A completed application on forms furnished by the State
Department of Revenue or on forms made available or approved by the Department and
accompanied by the required fee shall be filed with the Clerk. Renewal applications shall be
filed at least five (5) days prior to the last regular meeting of the Council in June. If a renewal
application is not timely filed, and a special Council meeting is called to act on the
application, the costs of such special meeting shall be paid by the applicant.
(Code of Iowa, Sec. 453A.13 & 453A.47A)
121.04 FEES. The fee for a retail cigarette or tobacco permit shall be as follows:
(Code of Iowa, Sec. 453A.13 & 453A.47A)
FOR PERMITS GRANTED DURING:
July, August or September
October, November or December
January, February or March
April, May or June
FEE:
$ 75.00
$ 56.25
$ 37.50
$ 18.75
121.05 ISSUANCE AND EXPIRATION. Upon proper application and payment of the
required fee, a permit shall be issued. Each permit issued shall describe clearly the place of
business for which it is issued and shall be nonassignable. All permits expire on June 30 of
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each year. The Clerk shall submit a duplicate of any application for a permit, and any permit
issued, to the Alcoholic Beverages Division of the Department of Commerce within thirty
(30) days of issuance.
121.06 REFUNDS. A retailer may surrender an unrevoked permit and receive a refund from
the City, except during April, May, or June, in accordance with the schedule of refunds as
provided in Section 453A.13 or 453A.47A of the Code of Iowa.
(Code of Iowa, 453A.13 & 453A.47A)
121.07 PERSONS UNDER LEGAL AGE. No person shall sell, give, or otherwise supply
any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes to
any person under eighteen (18) years of age. The provision of this section includes
prohibiting a minor from purchasing tobacco, tobacco products, alternative nicotine products,
vapor products, and cigarettes from a vending machine. If a retailer or employee of a retailer
violates the provisions of this section, the Council shall, after written notice and hearing, and
in addition to the other penalties fixed for such violation, assess the following:
1.
For a first violation, the retailer shall be assessed a civil penalty in the amount
of three hundred dollars ($300.00). Failure to pay the civil penalty as ordered under
this subsection shall result in automatic suspension of the permit for a period of
fourteen (14) days.
2.
For a second violation within a period of two years, the retailer shall be
assessed a civil penalty in the amount of one thousand five hundred dollars
($1,500.00) or the retailer’s permit shall be suspended for a period of thirty (30) days.
The retailer may select its preference in the penalty to be applied under this
subsection.
3.
For a third violation within a period of three years, the retailer shall be
assessed a civil penalty in the amount of $1,500.00 and the retailer’s permit shall be
suspended for a period of 30 days.
4.
For a fourth violation within a period of three years, the retailer shall be
assessed a civil penalty in the amount of $1,500.00 and the retailer’s permit shall be
suspended for a period of sixty (60) days.
5.
For a fifth violation within a period of four years, the retailer’s permit shall
be revoked.
The Clerk shall give ten (10) days’ written notice to the retailer by mailing a copy of the
notice to the place of business as it appears on the application for a permit. The notice shall
state the reason for the contemplated action and the time and place at which the retailer may
appear and be heard.
(Code of Iowa, Sec. 453A.2, 453A.22 and 453A.36[6])
121.08 SELF-SERVICE SALES PROHIBITED. Except for the sale of cigarettes
through a cigarette vending machine as provided in Section 453A.36[6] of the Code of Iowa, a
retailer shall not sell or offer for sale tobacco, tobacco products, alternative nicotine products,
vapor products, or cigarettes through the use of a self-service display.
(Code of Iowa, Sec. 453A.36A)
121.09 PERMIT REVOCATION. Following a written notice and an opportunity for a
hearing, as provided by the Code of Iowa, the Council may also revoke a permit issued
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pursuant to this chapter for a violation of Division I of Chapter 453A of the Code of Iowa or
any rule adopted thereunder. If a permit is revoked, a new permit shall not be issued to the
permit holder for any place of business, or to any other person for the place of business at
which the violation occurred, until one year has expired from the date of revocation, unless
good cause to the contrary is shown to the Council. The Clerk shall report the revocation or
suspension of a retail permit to the Alcoholic Beverages Division of the Department of
Commerce within thirty (30) days of the revocation or suspension.
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HOUSE MOVERS
122.01
122.02
122.03
122.04
122.05
122.06
122.07
House Mover Defined
Permit Required
Application
Bond Required
Insurance Required
Permit Fee
Permit Issued
122.08
122.09
122.10
122.11
122.12
122.13
Public Safety
Time Limit
Removal by City
Protect Pavement
Overhead Wires
Tree Trimming
122.01 HOUSE MOVER DEFINED. A “house mover” means any person who undertakes
to move a building or similar structure upon, over or across public streets or property when
the building or structure is of such size that it requires the use of skids, jacks, dollies or any
other specialized moving equipment.
122.02 PERMIT REQUIRED. It is unlawful for any person to engage in the activity of
house mover as herein defined without a valid permit from the City for each house, building
or similar structure to be moved. Buildings of less than one hundred (100) square feet are
exempt from the provisions of this chapter.
122.03 APPLICATION. Application for a moving permit shall be made in writing to the
Code Enforcement Office. The application shall include:
1.
Name and Address. The applicant’s full name and address and if a
corporation the names and addresses of its principal officers.
2.
Building Location. An accurate description of the present location and future
site of the building or similar structure to be moved.
3.
Routing Plan. A routing plan approved by the Police Chief, Public Works
Superintendent, and public utilities officials. The route approved shall be the shortest
route compatible with the greatest public convenience and safety. Sign removal and
replacement shall be coordinated with the Public Works Department.
122.04 BOND REQUIRED. The applicant shall post with the Clerk a penal bond, in an
amount as set by resolution of the Council, issued by a surety company authorized to issue
such bonds in the State. The bond shall guarantee the permittee’s payment for any damage
done to the City or to public property, and payment of all costs incurred by the City in the
course of moving the building or structure.
122.05 INSURANCE REQUIRED. Each applicant shall also file a certificate of insurance
indicating that the applicant is carrying public liability insurance in effect for the duration of
the permit covering the applicant and all agents and employees in the amount as set by
resolution of the Council.
122.06 PERMIT FEE. A permit fee in the amount set by resolution of the Council shall be
payable at the time the permit is approved. A separate permit shall be required for each
house, building or similar structure to be moved.
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HOUSE MOVERS
122.07 PERMIT ISSUED. Upon approval of the application, filing of bond and insurance
certificate, and payment of the required fee, the Code Enforcement Officer shall issue a
permit.
122.08 PUBLIC SAFETY. At all times when a building or similar structure is in motion
upon any street, alley, sidewalk or public property, the permittee shall maintain flagmen at the
closest intersections or other possible channels of traffic to the sides, behind and ahead of the
building or structure. At all times when the building or structure is at rest upon any street,
alley, sidewalk or public property the permittee shall maintain adequate warning signs or
lights at the intersections or channels of traffic to the sides, behind and ahead of the building
or structure.
122.09 TIME LIMIT. No house mover shall permit or allow a building or similar structure
to remain upon any street or other public way for a period of more than twelve (12) hours
without having first secured the written approval of the City.
122.10 REMOVAL BY CITY. In the event any building or similar structure is found to be
in violation of Section 122.09 the City is authorized to remove such building or structure and
assess the costs thereof against the permit holder and the surety on the permit holder’s bond.
122.11 PROTECT PAVEMENT. It is unlawful to move any house or building of any
kind over any pavement, unless the wheels or rollers upon which the house or building is
moved are at least one (1) inch in width for each one thousand (1,000) pounds of weight of
such building. If there is any question as to the weight of a house or building, the estimate of
the City as to such weight shall be final.
122.12 OVERHEAD WIRES. The holder of any permit to move a building shall see that
all telephone, cable television and electric wires and poles are removed when necessary and
replaced in good order, and shall be liable for the costs of the same.
122.13 TREE TRIMMING. It is the responsibility of the permit holder for the trimming
of any trees, whether on public or private property, along the entire route. Tree trimming
should be kept to a minimum and should be done in such a manner as to ensure the least
amount of damage to the tree. The permit holder is responsible for notifying all property
owners along the route.
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PERMITS FOR JUNK YARDS
123.01
123.02
123.03
123.04
123.05
Permit Required
Permit Application
Fee for Permit
Issuance of Permit
Revocation; Hearing
123.06
123.07
123.08
123.09
Screening Required
Illegal Storage of Scrap Metal and Other
Storage on Streets Outside Enclosure
Dismantling Articles Outside of Enclosure
123.01 PERMIT REQUIRED. It is unlawful for any person to operate or maintain a junk
yard or engage in the business of dealing in junk within the City without having obtained a
permit from the City to so engage in the business of dealing in junk or to operate or to
maintain a junk yard.
123.02 PERMIT APPLICATION. Application for permit to conduct a junk yard or junk
dealer business shall be in writing, setting out the true name of the owners of said business,
the exact description of the premises upon which the applicant intends to conduct the
business, the nature and kinds of material and junk which will be bought, sold and/or stored,
and the application shall be accompanied by a deposit of the amount of the fee for the
required permit. A statement that the applicant will abide by and conduct the business
according to the ordinances of the City shall be filed with the application.
123.03 FEE FOR PERMIT. The annual fee for permit to operate such business shall be in
the sum to be established by resolution of the Council, and all permits shall expire December
31 following date of issuance, unless revoked in the manner hereinafter provided. All fees
collected under the terms of this chapter shall be allocated into the General Fund of the City.
Permits issued for a part of a year shall be computed on a semiannual basis.
123.04 ISSUANCE OF PERMIT. Said application for permit shall be promptly
considered by the Council, which shall determine within twenty (20) days after filing thereof
with the Clerk whether said application is approved or not. If approved, a permit shall be
issued by the Clerk.
123.05 REVOCATION; HEARING. A permit issued under this chapter shall be subject
to revocation if any permit holder is convicted of three (3) or more violations (within one year
from the date of issuance of the permit) of any of the regulations set out in this chapter. Said
permit may be revoked as set out herein only by a two-thirds vote of the Council at any
regular or special meeting thereof, provided the holder of the permit has been notified by
written notice of the time and place of hearing concerning said revocation by the Council, at
least five (5) days prior to the date of said hearing.
123.06 SCREENING REQUIRED. Any person operating or maintaining any junk yard
within the City shall not deposit or keep any junk or refuse within one hundred fifty (150) feet
of any street or highway other than an interstate or primary highway, and within one thousand
(1,000) feet of any interstate or primary highway, unless a solid fence at least eight (8) feet in
height is constructed and maintained between said street or highway and said junk. Said
fence is to be at least fifty (50) feet from said street or highway, and it shall be maintained in
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PERMITS FOR JUNK YARDS
such a manner as not to be offensive or injurious to the appearance, health or safety of the
public.
123.07 ILLEGAL STORAGE OF SCRAP METAL AND OTHER. It is unlawful for
any person so engaged in the business of maintaining or operating a junk yard in the City to
allow, establish or maintain an accumulation of old iron, tin, fencing wire, scrap metal, rubber
tires, rags, papers or other junk without complying with Section 123.06 of this chapter.
123.08 STORAGE ON STREETS OUTSIDE ENCLOSURE. It is unlawful for any
person engaged in maintaining a junk yard in the City to place, park, store, maintain or leave
any wrecked, junked, dismantled or abandoned vehicles, or any other junk, on any street of
the City or upon parking along said streets or upon any public, private or railroad property or
pieces of land outside the enclosure described and set out in Section 123.06.
123.09 DISMANTLING ARTICLES OUTSIDE OF ENCLOSURE. It is unlawful for
any person engaged in the junk business in the City to engage in the dismantling, wrecking or
breaking up of any vehicle, machinery or any article without complying with Section 123.06.
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FOOD SERVICE PROVIDERS AT THE LE MARS
CONVENTION CENTER AND THE WILLOW CREEK
GOLF COURSE
124.01 License Required
124.02 Application, Issuance, Qualifications
124.03 Revocation of License
124.01 LICENSE REQUIRED. No person shall engage in the business of providing food
catering services at the Le Mars Convention Center or The Willow Creek Golf Course unless
(Ord. 890 –Aug. 11 Supp.)
such person shall have first secured a license therefor.
124.02 APPLICATION, ISSUANCE, QUALIFICATIONS. Any person desiring a
license under this chapter shall first make written request therefor to the Clerk and submit the
appropriate fee with the application. The license will be valid for the calendar year beginning
January 1 and expiring December 31 of that year. Annually the Council shall fix by
resolution the application fee for a license. The Clerk shall make the fee public and collect
the same. A license shall be granted by the Clerk, provided that the applicant can demonstrate
the existence of a current sales tax license for the State, a current food service license and
general good standing in the community. All licensees hereunder shall be subject to all rules
and regulations pertaining to the operation, maintenance and care of the Le Mars Convention
Center or The Willow Creek Golf Course as set by the City staff.
(Ord. 890 –Aug. 11 Supp.)
124.03 REVOCATION OF LICENSE. All licenses granted under the provisions of this
chapter shall be subject to revocation in the event any provision of Section 124.02 is not met
or is violated.
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CHAPTER 124
FOOD SERVICE PROVIDERS AT THE LE MARS
CONVENTION CENTER AND THE WILLOW CREEK
GOLF COURSE
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CHAPTER 125
ADULT ENTERTAINMENT BUSINESSES
125.01
125.02
125.03
125.04
125.05
125.06
125.07
125.08
125.09
125.10
Purpose and Intent
Definitions
Standards of Conduct and Operation
Permit Required
Issuance of Permit
Fees
Inspection
Expiration of Permit
Suspension
Revocation
125.11
125.12
125.13
125.14
125.15
125.16
125.17
125.18
125.19
Transfer of Permit
Location Restrictions
Exterior Portions of Adult Cabaret Businesses
Signage
Persons Younger Than Eighteen Prohibited
Consumption of Alcoholic Beverages Prohibited
Notices
Injunction
Exemptions
125.01 PURPOSE AND INTENT. It is the purpose of this chapter to regulate sexually
oriented businesses and related activities to promote the health, safety, morals, and general
welfare of the citizens of the City, and to establish reasonable and uniform regulations to
prevent the deleterious location of adult cabaret businesses within the City. The provisions of
this chapter have neither the purpose nor effect of imposing a limitation or restriction on the
content of any communicative materials, including sexually oriented materials. Similarly, it
is not the intent or effect of this chapter to restrict or deny access by adults to sexually
oriented materials protected by the First Amendment, or to deny access by the distributors and
exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent
nor effect of this chapter to condone or legitimize the distribution of obscene materials.
125.02
DEFINITIONS. The following terms are defined for use in this chapter.
1.
“Adult cabaret” means a commercial establishment that regularly features:
A.
Persons who appear in a state of nudity; or
B.
Live performances that are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
C.
Persons who engage in lewd, lascivious or erotic dancing or
performances that are intended for the sexual interests or titillation of an
audience or customers.
2.
“Nudity” or “state of nudity” means the appearance of a human bare buttock,
anus, male genitals, female genitals, or female breasts without a fully opaque,
complete covering of the breasts below a point immediately above the top of the
areola, or human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
3.
“Permittee” means a person in whose name a permit to operate an adult
cabaret has been issued, as well as the individual listed as an applicant on the
application for a permit.
4.
“Specified anatomical areas” means the male genitals in a state of sexual
arousal and/or the vulva or more intimate parts of the female genitals.
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CHAPTER 125
5.
“Specified sexual activities” means and includes any of the following:
A.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts;
B.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
C.
Masturbation, actual or simulated; or
D.
Excretory functions as part of or in connection with any of the
activities set forth in subsections A through C above.
125.03 STANDARDS OF CONDUCT AND OPERATION.
1.
Adult cabaret businesses are regulated as follows:
A.
The following standards of conduct must be adhered to by
entertainers and employees of any adult cabaret business while on the
premises.
B.
No employee or entertainer shall be unclothed or in such less than
opaque and complete attire, costume or clothing so as to expose to view any
specified anatomical area, except when such entertainer or employee is on a
stage separated from any and all customers by a window or other partition
which is maintained free of holes or other structural openings which would
permit physical contact between such entertainer and employee and any
customer within the viewing area and customers are not permitted within four
(4) feet of the window or other partition. However, a single opening in such
window or partition, allowing for payment for entertainment, by a customer
to the entertainer, shall be permitted and at this point customers are permitted
within two (2) feet of the window or other partition to allow customers to
reach the opening. An entertainer on stage may not expose to view any
portion of the pubic region, anus, buttocks, vulva, or genitals at any time
during the performance.
C.
No employee or entertainer shall perform anywhere on the premises:
(1)
Any specified sexual activities; or
(2)
The displaying of any specified anatomical area, except as
provided for in paragraph B of this subsection.
D.
No employee or entertainer who is either not separated from any and
all customers as provided in paragraph B of this subsection, or in an area of
the premises not open to customers shall be unclothed or in less than opaque
and complete attire, costume or clothing as described in paragraph B of this
subsection.
E.
No employee or entertainer shall knowingly touch any specified
anatomical area of another person, or knowingly permit another person to
touch any specified anatomical area of such employee or entertainer; or no
employee or entertainer shall knowingly fondle or caress any specified
anatomical area of another person, whether such area is clothed, unclothed,
covered or exposed, or knowingly permit another person to fondle or caress
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any specified anatomical area of such employee or entertainer, whether such
area is clothed, unclothed, covered or exposed.
F.
No entertainer shall be visible from any public place during the hours
of his or her employment, or apparent hours of his or her employment, while
such entertainer is unclothed or in such attire, costume or clothing to expose
to view any specified anatomical area or while performing any entertainment,
either while clothed or unclothed.
G.
No entertainer shall solicit, demand or receive any payment or
gratuity from any customer for any act prohibited by this chapter.
H.
No entertainer shall receive any payment or gratuity from any
customer, except through an opening in the window or partition separating
such entertainer from a customer, as described in paragraph B of this
subsection.
2.
At any adult cabaret business, the following are required:
A.
A sign, on which upper-case letters are at least two inches high and
lower-case letters are at least one inch high, shall be conspicuously displayed
in the common area at the principal entrance and shall read as follows:
THIS ADULT ENTERTAINMENT BUSINESS
IS REGULATED BY THE CITY OF LE MARS, IOWA.
ENTERTAINERS ARE:
1.
Not permitted to engage in any type of sexual conduct on the
premises or in prostitution;
2.
Not permitted to be unclothed or in such less than opaque and
complete attire, costume or clothing so as to expose to view any
portion of the breasts below the top of the areola, or any portion
of the pubic region, buttocks and/or genitals, except when
separated from customers by the window or partition between the
entertainer and customers.
3.
Not permitted to receive any payment or gratuity from any
customer, except through an opening in the window or partition
separating such entertainer from a customer.
B.
Neither entertainment nor any photograph, drawing, sketch or other
pictorial or graphic representation thereof displaying any specified
anatomical area shall be visible from a public place.
C.
The premises shall be equipped with overhead lighting of sufficient
intensity to illuminate every place to which customers are permitted access at
an illumination of not less than one foot-candle as measured at the floor level,
and such illumination must be maintained at all times that any customer is
present in or on the premises.
125.04
PERMIT REQUIRED.
1.
It is unlawful for a person to operate an adult cabaret business without a valid
permit issued by the City.
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2.
An application for a permit must be made on a form provided by the City.
The application must be accompanied by a sketch or a diagram showing the
configuration of the premises, including a statement of total floor space occupied by
the business. The sketch or diagram need not be professionally prepared but must be
drawn to a designated scale or drawn with marked dimensions of the interior of the
premises to an accuracy of plus or minus six inches.
3.
The applicant must be qualified according to the provisions of this chapter
and the premises must be inspected and found to be in compliance with the law by
the Le Mars Code Enforcement Officer, Fire Department, Building Official and
Zoning Official.
4.
If a person who wishes to operate an adult cabaret business is an individual,
he or she must sign the application for a permit as applicant. If a person who wishes
to operate an adult cabaret business is other than an individual, each individual who
has a ten percent (10%) or greater interest in the business must sign the application
for a permit as applicant. If a corporation is listed as owner of an adult cabaret
business or as the entity that wishes to operate such a business, each individual
having a ten percent (10%) or greater interest in the corporation must sign the
application for a permit as applicant.
5.
The fact that a person possesses other types of State or City permits and/or
licenses does not exempt said person from the requirement of obtaining an sexually
oriented business permit.
6.
Application for a permit, whether original or renewal, must be made to City
Hall by the intended operator of the enterprise. Applications must be submitted by
hand delivery to City Hall during regular working hours. Application forms shall be
supplied by City Hall The intended operator shall be required to give the following
information on the application form:
A.
The name, street address (and mailing address if different) and Iowa
driver’s license number of the intended operator;
B.
The name and street address (and mailing address if different) of the
owner;
C.
The name under which the establishment is to be operated and a
general description of the services to be provided;
D.
The telephone number of the establishment;
E.
The address and legal description of the tract of land on which the
establishment is to be located;
F.
If the establishment is in operation, the date on which the owner
acquiring the establishment began operations as an adult cabaret business at
the location for which the permit is sought; and
G.
If the establishment is not in operation, the expected start-up date
(which shall be expressed in number of days from the date of issuance of the
permit). If the expected start-up date is to be more than ten (10) days
following the date of issuance of the permit, then a detailed explanation of
the construction, repair or remodeling work or other cause of the expected
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delay and a statement of the owner’s time schedule and plan for
accomplishing the same.
H.
Statement that the applicant has not been convicted of a felony or
released from confinement for conviction of a felony, whichever event is
later, within five (5) years immediately preceding the application, or has not
been convicted of a misdemeanor or released from confinement for
conviction of a misdemeanor, whichever event is later, within two (2) years
immediately preceding the application, where such felony or misdemeanor
involved sexual offenses, prostitution, sexual abuse of a child or pornography
and related offenses, as defined in the Code of Iowa, Federal law, or the
statutes of any other state, or controlled substance or illegal drugs or
narcotics offenses, as defined in the Code of Iowa, Federal law or the statutes
of any other state, or has not been convicted of a municipal ordinance
violation or released from confinement for conviction of a municipal
ordinance violation, whichever event is later, within two (2) years
immediately preceding the application, where such municipal ordinance
violation involved indecent exposure, prostitution or the possession or sale of
controlled substances or illegal drugs or narcotics.
7.
The application shall be accompanied by the following:
A.
Payment of the application fee in full.
B.
If the establishment is an Iowa corporation, a certified copy of the
articles of incorporation, together with all amendments thereto.
C.
If the establishment is a foreign corporation, a certified copy of the
certificate of authority to transact business in the State, together with all
amendments thereto.
D.
If the establishment is a partnership formed under the laws of the
State, a certified copy of the certificate of partnership, together with all
amendments thereto.
E.
If the establishment is a foreign partnership, a certified copy of the
certificate of partnership and the qualification documents, together with all
amendments thereto.
F.
Proof of the current fee ownership of the tract of land on which the
establishment is to be situated in the form of a copy of the recorded deed.
G.
If the persons identified as the fee owners of the tract of land in
paragraph F are not also the owners of the establishment, then the lease
purchase contract, purchase option contract, lease option contract or other
document evidencing the legally enforceable right of the owners or proposed
owners of the establishment to have or obtain the use and possession of the
tract or portion thereof that is to be used for the establishment for the purpose
of the operation of the establishment.
H.
The items in paragraphs B through G above shall not be required for
a renewal application if the applicant states that the documents previously
furnished the City with the original application or previous renewals thereof
remain correct and current.
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8.
The application shall contain a statement under oath that:
A.
The applicant has personal knowledge of the information contained
in the application and that the information contained therein and furnished
therewith is true and correct; and
B.
The applicant has read the provisions of this chapter.
9.
A separate application and permit shall be required for each sexually oriented
business.
125.05 ISSUANCE OF PERMIT.
1.
The City shall approve the issuance of a permit to an applicant within 30
days after receipt of an application unless the City finds one or more of the following
to be true:
A.
An applicant is under eighteen (18) years of age.
B.
An applicant or an applicant’s spouse is overdue in the payment to
the City of taxes, fines or penalties assessed against said applicant or spouse
or imposed in relation to an adult cabaret business.
C.
An applicant has failed to provide information reasonably necessary
for issuance of the permit or has falsely answered a question or request for
information on the application form.
D.
An applicant is residing with a person who has been denied a permit
by the City to operate an adult cabaret business within the preceding twelve
(12) months, or residing with a person whose permit to operate an adult
cabaret business has been revoked within the preceding twelve (12) months.
E.
The premises to be used for the adult cabaret business has not been
approved by the Code Enforcement Office, Fire Department, Building
Official and Zoning Official as being in compliance with applicable laws and
ordinances.
F.
The permit fee required by this chapter has not been paid.
G.
An application of the proposed establishment is in violation of or is
not in compliance with any of the provisions of this chapter.
2.
The permit, if granted, shall state on its face the name of the person to whom
it is granted, the expiration date and the address of the sexually oriented business.
The permit shall be posted in a conspicuous place at or near the entrance to the adult
cabaret business that it may be easily read at any time.
3.
The Le Mars Code Enforcement Office, Fire Department, Building Official
and Zoning Official shall complete their certification that the premises is in
compliance or not in compliance within twenty (20) days of receipt of the application
by the City. The certification shall be promptly presented to the City.
4.
In the event that the City determines that an applicant is not eligible for a
permit, the applicant shall be given notice in writing of the reasons for the denial
within forty-five (45) days after the receipt of the application by the City, provided
that the applicant may request, in writing, that such period be extended for an
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additional period of not more than ten (10) days at any time before the notice is
issued in order to make modifications necessary to comply with this chapter.
5.
An applicant may appeal the decision of the City regarding a denial to the
Council by filing a written notice of appeal with the Clerk within fifteen (15) days
after the applicant is given notice of the Director’s decision. The notice of appeal
shall be accompanied by a memorandum or other writing setting out fully the grounds
for such appeal and all arguments in support thereof. The City may submit a
memorandum in response to the memorandum filed by the applicant on appeal to the
Council. After reviewing such memoranda, as well as the City’s written decision, if
any, and exhibits submitted to the City, the Council shall vote either to uphold or
overrule the City’s decision. Such vote shall be taken within twenty-one (21)
calendar days after the date on which the Clerk receives the notice of appeal.
However, all parties shall be required to comply with the City’s decision during the
pendency of the appeal.
6.
The Police Chief shall conduct a background investigation of all applicants,
including a check of the applicant’s background by the Department of Criminal
Investigation.
125.06 FEES. The annual fee for an adult cabaret business permit is five hundred dollars
($500.00). This fee is to be used to pay for the cost of the administration and enforcement of
this chapter.
125.07 INSPECTION. An applicant or permittee shall permit representatives of the Police
Department or other City or State departments or agencies to inspect the premises of an adult
cabaret business for the purpose of insuring compliance with the law, at any time it is
occupied or open for business.
125.08
EXPIRATION OF PERMIT.
1.
Each permit shall expire one year after the date of issuance and may be
renewed only by making application as provided herein. Application for renewal
should be made at least thirty (30) days before the expiration date and when made
less than 30 days before the expiration date, the expiration of the permit will not be
affected.
2.
When the City denies renewal of a permit, the applicant shall not be issued a
permit for one year from the date of denial. If, subsequent to the denial, the City
finds that the basis for denial of the renewal permit has been corrected or abated, the
applicant may be granted a permit if at least ninety (90) days has elapsed since the
date the denial became final.
125.09 SUSPENSION. The City shall suspend a permit for a period not to exceed thirty
(30) days if it is determined that the permittee or an employee of a permittee has:
1.
Violated or is not in compliance with any section of this chapter;
2.
Become impaired or intoxicated through the use of alcoholic beverages or
controlled substances while on the adult cabaret business premises.
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125.10 REVOCATION.
1.
The City shall revoke a permit if a cause of suspension in Section 125.09
occurs and the permit has been suspended within the preceding twelve (12) months.
2.
The City shall also revoke a permit if it is determined that:
A.
A permittee gave false or misleading information in the material
submitted during the application process.
B.
A permittee or an employee has knowingly allowed possession, use
or sale of controlled substances on the premises.
C.
A permittee or an employee has knowingly allowed prostitution on
the premises.
D.
A permittee or an employee knowingly operated the adult cabaret
business during a period of time when the permittee’s permit was suspended.
E.
A permittee or an employee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation or other sexual conduct to
occur in or on the premises.
F.
A permittee is delinquent in the payment to the City or State for any
taxes or fees past due.
G.
The owner or operator of the establishment knowingly allowed a
person under eighteen (18) years of age to enter an establishment.
H.
There was a change of owner or operator for which a transfer
application was not filed in a timely manner.
3.
When the City revokes a permit, the revocation shall continue for one year,
and the permittee shall not be issued an adult cabaret business permit for one year
from the date revocation became effective. If, subsequent to revocation, the City
finds that the basis for the revocation has been corrected or abated, the applicant may
be granted a permit if at least 90 days has elapsed since the date the revocation
became effective.
125.11 TRANSFER OF PERMIT. A permittee shall not transfer the permit to another,
nor shall a permittee operate an adult cabaret business under the authority of a permit at any
place other than the address designated in the application.
125.12 LOCATION RESTRICTIONS. An adult cabaret business shall be permitted only
as a conditional use in any B-3 zoned commercial district, provided that:
1.
The adult cabaret business may not be operated within 1,200 feet of:
A.
A church, synagogue or regular place of religious worship;
B.
A public or private elementary or secondary school or licensed day
care center;
C.
A boundary of any residential district;
D.
A public park;
E.
Federal, State, County, City or special district governmental offices;
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F.
In any residential area in the City.
2.
For the purpose of this section, measurement shall be made in a straight line,
without regard to intervening structures or objects, from the nearest portion of the
building or structure used as a part of the premises where an adult cabaret business is
conducted, to the nearest property line of the premises of a church, synagogue,
regular place of worship or public or private elementary or secondary school or to the
nearest boundary of an affected public park, residential district or residential lot, or
licensed day care center.
125.13 EXTERIOR PORTIONS OF ADULT CABARET BUSINESSES.
1.
It is unlawful for an owner or operator of an adult cabaret business to allow
activities of the establishment to be visible from a point outside the establishment.
2.
It is unlawful for the owner or operator of an adult cabaret business to allow
the exterior portion of the adult cabaret business to have flashing lights, or any
words, lettering, photographs, silhouettes, drawings or pictorial representations of
any manner except to the extent permitted by the provisions of this chapter.
3.
It is unlawful for the owner or operator of an adult cabaret business to allow
exterior portions of the establishment to be painted any color other than a single
achromatic color. This provision shall not apply to an adult cabaret business if the
following conditions are met:
A.
The establishment is a part of a commercial multi-unit center; and
B.
The exterior portions of each individual unit in the commercial
multi-unit center, including the exterior portions of the business, are painted
the same color as one another or are painted in such a way so as to be a
component of the overall architectural style or pattern of the commercial
multi-unit center.
C.
Nothing in this chapter shall be construed to require the painting of
an otherwise unpainted exterior portion of an adult cabaret business.
125.14
SIGNAGE.
1.
Notwithstanding any other City ordinance, code or regulation to the contrary,
it is unlawful for the owner or operator of any adult cabaret business or any other
person to erect, construct, or maintain any sign for the adult cabaret business other
than the one primary sign and one secondary sign, as provided herein.
2.
Primary signs shall have no more than two display surfaces. Each such
display surface shall:
A.
Not contain any flashing lights;
B.
Be a flat plane, rectangular in shape;
C.
Not exceed 75 square feet in area; and
D.
Not exceed 10 feet in height or 10 feet in length.
3.
Primary signs shall contain no photographs, silhouettes, drawings or pictorial
representations in any manner, and may contain only the name of the enterprise.
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4.
Each letter forming a word on a primary sign shall be of solid color and each
such letter shall be the same print-type, size and color. The background behind such
lettering on the display surface of a primary sign shall be of a uniform and solid
color.
5.
shall:
Secondary signs shall have only one display surface. Such display surface
A.
Be a flat plane, rectangular in shape;
B.
Not exceed 20 square feet in area;
C.
Not exceed 5 feet in height and 4 feet in width; and
D.
Be affixed or attached to any wall or door of the enterprise.
6.
The provisions of paragraph A of subsection 2 and of subsections 3 and 4
shall also apply to secondary signs.
125.15 PERSONS YOUNGER THAN EIGHTEEN PROHIBITED.
1.
It is unlawful to allow a person who is younger than eighteen (18) years of
age to enter or be on the premises of an adult cabaret business at any time that the
adult cabaret business is open for business.
2.
It shall be the duty of the operator of each adult cabaret business to ensure
that an attendant is stationed at each public entrance to the adult cabaret business at
all times during regular business hours. It shall be the duty of the attendant to
prohibit any person under the age of eighteen (18) years from entering the adult
cabaret business. It shall be presumed that an attendant knew a person was under the
age of 18 unless such attendant asked for and was furnished:
A.
A valid operator’s commercial operator’s or chauffeur’s driver’s
license reflecting that such person is 18 years of age or older; or
B.
A valid personal identification certificate issued by the State
reflecting that such person is 18 years of age or older.
125.16 CONSUMPTION OF ALCOHOLIC BEVERAGES PROHIBITED. The permittee
of an adult cabaret business shall not allow the possession or consumption on premises by any
person of any alcoholic beverage, wine, or beer. No person shall possess or consume any
alcoholic beverage, wine, or beer on the premises of any adult cabaret business.
125.17
NOTICES.
1.
Any notice required or permitted to be given by the City or any City office,
division, department or other agency under this chapter to any applicant, operator or
owner of an establishment may be given either by personal delivery or by certified
United States mail, postage prepaid, return receipt requested, addressed to the most
recent address as specified in the application for the permit, or transfer application
that has been received by the City, or any notice of address change that has been
received by the City. Notices mailed as above shall be deemed given upon their
deposit in the United States mail. In the event that any notice given by mail is
returned by the postal service, the City shall cause it to be posted at the principal
entrance to the establishment.
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2.
Any notice required or permitted to be given to the City by any person under
this chapter shall not be deemed given until and unless it is received in the office of
the City.
3.
It is the duty of each owner who is designated on the permit application and
each operator to furnish a notice to the City in writing of any change of residence or
mailing address.
125.18 INJUNCTION. A person who operates or causes to be operated an adult cabaret
business without a valid permit or otherwise violates this chapter is subject to a suit for
injunction as well as prosecution for criminal violations.
125.19 EXEMPTIONS. It is a defense to prosecution under this chapter that a person
appearing in a state of nudity did so in a modeling class operated by:
1.
A proprietary school licensed by the State of Iowa or a college, junior college
or university supported entirely or partly by taxation; or
2.
A private college or university that maintains and operates educational
programs in which credits are transferable to a college, junior college or university
supported entirely or partly by taxation; or
A theater, concert hall, art center, museum, or similar establishment which is primarily
devoted to the arts or theatrical performances may request temporary permits for regulated
activities, if such activities are proved to be for limited engagements of two months or less.
Temporary permits must be applied for 60 days in advance to City Hall and provide a detailed
description of the activity or performance.
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STREET USE AND MAINTENANCE
135.01
135.02
135.03
135.04
135.05
135.06
135.07
135.08
Removal of Warning Devices
Obstructing or Defacing
Placing Debris On
Playing In
Traveling on Barricaded Street or Alley
Use for Business Purposes
Washing Vehicles
Burning Prohibited
135.09
135.10
135.11
135.12
135.13
135.14
135.15
Excavations
Installation of Utility Connections Required
Property Owner’s Responsibility for Maintenance
Failure to Maintain
Dumping of Snow
Driveway Culverts
Private Irrigation Systems within Right-of-Way
135.01 REMOVAL OF WARNING DEVICES. It is unlawful for a person to willfully
remove, throw down, destroy or carry away from any street or alley any lamp, obstruction,
guard or other article or things, or extinguish any lamp or other light, erected or placed
thereupon for the purpose of guarding or enclosing unsafe or dangerous places in said street
or alley without the consent of the person in control thereof.
135.02 OBSTRUCTING OR DEFACING. It is unlawful for any person to obstruct,
deface, or injure any street or alley in any manner.
135.03 PLACING DEBRIS ON. It is unlawful for any person to throw or deposit on any
street or alley any glass, glass bottle, nails, tacks, wire, cans, trash, garbage, rubbish, litter,
offal, leaves, grass or any other debris likely to be washed into the storm sewer and clog the
storm sewer, or any substance likely to injure any person, animal or vehicle.
135.04 PLAYING IN. It is unlawful for any person to coast, sled or play games on streets
or alleys, except in the areas blocked off by the City for such purposes.
135.05 TRAVELING ON BARRICADED STREET OR ALLEY. It is unlawful for any
person to travel or operate any vehicle on any street or alley temporarily closed by barricades,
lights, signs, or flares placed thereon by the authority or permission of any City official,
police officer or member of the fire department.
135.06 USE FOR BUSINESS PURPOSES. It is unlawful to park, store or place,
temporarily or permanently, any machinery or junk or any other goods, wares, and
merchandise of any kind upon any street or alley for the purpose of storage, exhibition, sale or
offering same for sale, without permission of the Council.
135.07 WASHING VEHICLES. It is unlawful for any person to use any public sidewalk,
street or alley for the purpose of washing or cleaning any automobile, truck equipment, or any
vehicle of any kind when such work is done for hire or as a business. This does not prevent
any person from washing or cleaning his or her own vehicle or equipment when it is lawfully
parked in the street or alley.
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135.08 BURNING PROHIBITED. No person shall burn any trash, leaves, rubbish or
other combustible material in any curb and gutter or on any paved or surfaced street or alley.
135.09 EXCAVATIONS. No person shall dig, excavate or in any manner disturb any
street, parking or alley except in accordance with the following:
1.
Permit Required. No excavation shall be commenced without first obtaining
a permit therefor. A written application for such permit shall be filed with the City
and shall contain the following:
A.
An exact description of the property, by lot and street number, in
front of or along which it is desired to excavate;
B.
A statement of the purpose, for whom and by whom the excavation is
to be made;
C.
The person responsible for the refilling of said excavation and
restoration of the street or alley surface; and
D.
Date of commencement of the work and estimated completion date.
2.
Public Convenience. Streets and alleys shall be opened in the manner which
will cause the least inconvenience to the public and admit the uninterrupted passage
of water along the gutter on the street.
3.
Barricades, Fencing and Lighting. Adequate barricades, fencing and warning
lights meeting standards specified by the City shall be so placed as to protect the
public from hazard. Any costs incurred by the City in providing or maintaining
adequate barricades, fencing or warning lights shall be paid to the City by the permit
holder/property owner.
4.
Bond Required. The applicant shall post with the City a penal bond, as set by
Council resolution, issued by a surety company authorized to issue such bonds in the
State. The bond shall guarantee the permittee’s payment for any damage done to the
City or to public property, and payment of all costs incurred by the City in the course
of administration of this section. In lieu of a surety bond, a cash deposit as set by
resolution of the Council may be filed with the City.
5.
Insurance Required. Each applicant shall also file a certificate of insurance
indicating that the applicant is carrying public liability and automobile liability
insurance in effect for the duration of the permit covering the applicant and all agents
and employees for the following minimum amounts:
A.
Public Liability. This insurance shall be written in comprehensive
form and shall protect the City against all claims arising from injuries to any
person or property of others arising out of any sort of omission of the
applicant. The liability limits shall be set by resolution of the Council.
B.
Automobile Liability.
This insurance shall be written in
comprehensive form and shall protect the applicant against all claims for the
operation of motor vehicles, whether owned, non-owned or hired by said
applicant. The liability limits shall be set by resolution of the Council.
Insurance policies filed with the City in compliance herewith shall state that thirty
(30) calendar days’ written notice will be given to the City before said insurance
coverage is changed or canceled.
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6.
Restoration of Public Property. Streets, sidewalks, alleys and other public
property disturbed in the course of the work shall be restored to the condition of the
property prior to the commencement of the work, or in a manner satisfactory to the
City, at the expense of the permit holder/property owner.
7.
Inspection. All work shall be subject to inspection by the City. Backfill shall
not be deemed completed, nor resurfacing of any improved street or alley surface
begun, until such backfill is inspected and approved by the City. The permit
holder/property owner shall provide the City with notice at least twenty-four (24)
hours prior to the time when inspection of backfill is desired.
8.
Completion by the City. Should any excavation in any street or alley be
discontinued or left open and unfinished for a period of twenty-four (24) hours after
the approved completion date, or in the event the work is improperly done, the City
has the right to finish or correct the excavation work and charge any expenses
therefor to the permit holder/property owner.
9.
Responsibility for Costs. All costs and expenses incident to the excavation
shall be borne by the permit holder and/or property owner. The permit holder and
owner shall indemnify the City from any loss or damage that may directly or
indirectly be occasioned by such excavation.
10.
Notification. At least forty-eight (48) hours prior to the commencement of the
excavation, excluding Saturdays, Sundays and legal holidays, the person performing the
excavation shall contact the Statewide Notification Center and provide the center with
the information required under Section 480.4 of the Code of Iowa.
11.
Permit Fee. A permit fee in an amount set by resolution of the Council shall
be payable at the time of filing the application with the City. A separate permit shall
be required for each excavation.
12.
Permit Issued. Upon approval of the application, filing of bond and insurance
certificate, and payment of any required fees, a permit shall be issued.
13.
Permit Exemption. Utility companies are exempt from the permit application
requirement of this section.
Prior to the issuance of an excavation permit, the applicant shall present to the City a written
statement indicating that the applicant has contacted all the utilities and that adequate
provisions to prevent damage to any utility have been made.
135.10 INSTALLATION OF UTILITY CONNECTIONS REQUIRED. Before the
permanent improvement of any street, public ground or place whereon are located gas, water,
sewer or other underground utility pipes, mains or conduits, connections therefrom to the
curbline of adjacent property shall be made according to specifications of the City. Such
connections shall be made for every frontage in the residence district and for every frontage in
the business district, and each separate building and piece of property shall have separate
connections. In case the owners of such property shall fail to make such connection in the
manner and within the time fixed by the Council, it shall cause the same to be made and the
cost and expense thereof assessed against the property in front of which they are made. All
material for the connections shall be made in accordance with and as directed by the City.
135.11 PROPERTY OWNER’S RESPONSIBILITY FOR MAINTENANCE. The
abutting property owner shall maintain all property outside the lot and property lines and
- 757 -
CHAPTER 135
inside the curb lines upon public streets and shall keep such area in a safe condition, free from
nuisances, obstructions, and hazards. In the absence of a curb, such property shall extend
from the property line to that portion of the public street used or improved for vehicular
purposes. The abutting property owner shall not be required to remove diseased trees or dead
wood on the publicly owned property or right-of-way. Maintenance includes, but is not
limited to, timely mowing, trimming trees and shrubs, and picking up litter and debris. The
abutting property owner may be liable for damages caused by failure to maintain the publicly
owned property or right-of-way.†
135.12 FAILURE TO MAINTAIN. If the abutting property owner does not perform an
action required under the above section within a reasonable time, the City may perform the
required action and assess the cost against the abutting property for collection in the same
manner as a property tax.
135.13 DUMPING OF SNOW. It is unlawful for any person to throw, push, or place or
cause to be thrown, pushed or placed, any snow, ice, sleet or other frozen consistency of
moisture from private property, sidewalks, or driveways onto the traveled way of a street or
alley so as to obstruct gutters, or impede the passage of vehicles upon the street or alley or to
create a hazardous condition therein; except where, in the cleaning of large commercial drives
in the business district it is absolutely necessary to move the snow onto the street or alley
temporarily, such accumulation shall be removed promptly by the property owner or agent.
Arrangements for the prompt removal of such accumulations shall be made prior to moving
the snow.
135.14 DRIVEWAY CULVERTS. The property owner shall, at the owner’s expense,
install any culvert deemed necessary under any driveway or any other access to the owner’s
property, and before installing a culvert, permission must first be obtained from the City. In
the event repairs are needed at any time with respect to culverts, it shall be the responsibility
of the property owner to make such repairs, and, in the event the owner fails to do so, the City
shall have the right to make the repairs. If the property owner fails to reimburse the City for
the cost of said repairs, the cost shall be certified to the County Treasurer and specially
assessed against the property as by law provided.
135.15 PRIVATE IRRIGATION SYSTEMS WITHIN RIGHT-OF-WAY. An abutting
property owner may install an irrigation system within the right-of-way between the curb lines
and property lines for the purpose of maintaining the vegetation in this area. The installation
of a backflow device is required on irrigation systems to prevent the contamination of potable
water supplies. The irrigation system within the public right-of-way shall not create or confer
any property interest within the right-of-way benefiting the abutting owner and the City shall
retain the right, at is sole discretion, to order removal of the irrigation system or to order
cessation of its use at any time. The City shall not be held liable for damage caused to private
irrigation systems within the right-of-way. Sufficient notice shall be given to owners of
irrigation systems, except in the case of emergencies, before any evacuation in a public rightof-way.
†
EDITOR’S NOTE: See also Section 136.04 relating to property owner’s responsibility for
maintenance of sidewalks.
- 758 -
CHAPTER 136
SIDEWALK REGULATIONS
136.01
136.02
136.03
136.04
136.05
136.06
136.07
136.08
136.09
Purpose
Definitions
Removal of Snow, Ice and Accumulations
Property Owner’s Responsibility for Maintenance
City May Order Repairs
Sidewalk Construction Ordered
Sidewalk Standards
Barricades and Warning Lights
Failure to Repair or Barricade
136.10
136.11
136.12
136.13
136.14
136.15
136.16
136.17
136.18
Interference with Sidewalk Improvements
Awnings
Encroaching Steps
Openings and Enclosures
Fires or Fuel on Sidewalks
Defacing
Debris on Sidewalks
Sales Stands
Liability
136.01 PURPOSE. The purpose of this chapter is to enhance safe passage by citizens on
sidewalks, to place the responsibility for the maintenance, repair, replacement or
reconstruction of sidewalks upon the abutting property owner and to minimize the liability of
the City.
136.02
1.
“Broom finish” means a sidewalk finish that is made by sweeping the
sidewalk when it is hardening.
2.
“Defective sidewalk” means any public sidewalk exhibiting one or more of
the following characteristics:
A.
Vertical separations equal to three-fourths (¾) inch or more.
B.
Horizontal separations equal to one-half (½) inch or more.
C.
Holes or depressions equal to three-fourths (¾) inch or more and at
least four (4) inches in diameter.
D.
Spalling over fifty percent (50%) of a single square of the sidewalk
with one or more depressions equal to one-half (½) inch or more.
E.
Spalling over less than fifty percent (50%) of a single square of the
sidewalk with one or more depressions equal to three-fourths (¾) inch or
more.
F.
A single square of sidewalk cracked in such a manner that no part
thereof has a piece greater than one square foot.
G.
A sidewalk with any part thereof missing to the full depth.
H.
A change from the design or construction grade equal to or greater
than three-fourths (¾) inch per foot.
3.
“Established grade” means that grade established by the City for the
particular area in which a sidewalk is to be constructed.
4.
“One-course construction” means that the full thickness of the concrete is
placed at one time, using the same mixture throughout.
- 759 -
CHAPTER 136
5.
“Owner” means the person owning the fee title to property abutting any
sidewalk and includes any contract purchaser for purposes of notification required
herein. For all other purposes, “owner” includes the lessee, if any.
6.
“Portland cement” means any type of cement except bituminous cement.
7.
“Sidewalk” means all permanent public walks in business, residential or
suburban areas.
8.
“Sidewalk improvements” means the construction, reconstruction, repair,
replacement or removal, of a public sidewalk and/or the excavating, filling or
depositing of material in the public right-of-way in connection therewith.
9.
“Wood float finish” means a sidewalk finish that is made by smoothing the
surface of the sidewalk with a wooden trowel.
136.03 REMOVAL OF SNOW, ICE AND ACCUMULATIONS. It is the responsibility
of the abutting property owners to remove snow, ice and accumulations within forty-eight
(48) hours from sidewalks. Those owners having property, in residential districts only, that
abuts an existing sidewalk located at the back-of-curb shall not be required to remove snow or
ice from those sidewalks. If a property owner does not remove snow, ice, or accumulations
such as mud, sand or other debris within a reasonable time, the City may begin nuisance
abatement procedures as described in Chapter 50 of this Code of Ordinances.
(Code of Iowa, Sec. 364.12[2b & e])
136.04 PROPERTY OWNER’S RESPONSIBILITY FOR MAINTENANCE. The
abutting property owner shall repair, replace, or reconstruct, or cause to be repaired, replaced,
or reconstructed, all broken or defective sidewalks and maintain in a safe and hazard-free
condition any sidewalk outside the lot and property lines and inside the curb lines or, in the
absence of a curb, any sidewalk between the property line and that portion of the public street
used or improved for vehicular purposes. The abutting property owner may be liable for
damages caused by failure to maintain the sidewalk.
136.05 CITY MAY ORDER REPAIRS. If the abutting property owner does not maintain
sidewalks as required, the Council may serve notice on such owner, by certified mail,
requiring the owner to repair, replace or reconstruct sidewalks within a reasonable time and if
such action is not completed within the time stated in the notice, the Council may require the
work to be done and assess the costs against the abutting property for collection in the same
manner as a property tax.
(Code of Iowa, Sec. 364.12[2d & e])
136.06 SIDEWALK CONSTRUCTION ORDERED. The Council may order the
construction of permanent sidewalks upon any street or court in the City and may specially
assess the cost of such improvement to abutting property owners in accordance with the
provisions of Chapter 384 of the Code of Iowa.
136.07 SIDEWALK STANDARDS. Sidewalks repaired, replaced or constructed under
the provisions of this chapter shall be done in accordance with the construction standards on
file in the office of the Clerk.
- 760 -
CHAPTER 136
136.08 BARRICADES AND WARNING LIGHTS. Whenever any material of any kind
is deposited on any street, avenue, highway, passageway or alley when sidewalk
improvements are being made or when any sidewalk is in a dangerous condition, it shall be
the duty of all persons having an interest therein, either as the contractor or the owner, agent,
or lessee of the property in front of or along which such material may be deposited, or such
dangerous condition exists, to put in conspicuous places at each end of such sidewalk and at
each end of any pile of material deposited in the street, a sufficient number of approved
warning lights or flares, and to keep them lighted during the entire night and to erect
sufficient barricades both at night and in the daytime to secure the same. The party or parties
using the street for any of the purposes specified in this chapter shall be liable for all injuries
or damage to persons or property arising from any wrongful act or negligence of the party or
parties, or their agents or employees or for any misuse of the privileges conferred by this
chapter or of any failure to comply with provisions hereof.
136.09 FAILURE TO REPAIR OR BARRICADE. It is the duty of the owner of the
property abutting the sidewalk, or the owner’s contractor or agent, to notify the City
immediately in the event of failure or inability to make necessary sidewalk improvements or
to install or erect necessary barricades as required by this chapter.
136.10 INTERFERENCE WITH SIDEWALK IMPROVEMENTS. No person shall
knowingly or willfully drive any vehicle upon any portion of any sidewalk or approach
thereto while in the process of being improved or upon any portion of any completed sidewalk
or approach thereto, or shall remove or destroy any part or all of any sidewalk or approach
thereto, or shall remove, destroy, mar or deface any sidewalk at any time or destroy, mar,
remove or deface any notice provided by this chapter.
136.11 AWNINGS. It is unlawful for a person to erect or maintain any awning over any
sidewalk unless all parts of the awning are elevated at least eight (8) feet above the surface of
the sidewalk and the roof or covering is made of duck, canvas or other suitable material
supported by iron frames or brackets securely fastened to the building, without any posts or
other device that will obstruct the sidewalk or hinder or interfere with the free passage of
pedestrians.
136.12 ENCROACHING STEPS. It is unlawful for a person to erect or maintain any
stairs or steps to any building upon any part of any sidewalk without permission by resolution
of the Council.
136.13
OPENINGS AND ENCLOSURES. It is unlawful for a person to:
1.
Stairs and Railings. Construct or build a stairway or passageway to any cellar
or basement by occupying any part of the sidewalk, or to enclose any portion of a
sidewalk with a railing without permission by resolution of the Council.
2.
Openings. Keep open any cellar door, grating or cover to any vault on any
sidewalk except while in actual use with adequate guards to protect the public.
3.
Protect Openings. Neglect to properly protect or barricade all openings on or
within six (6) feet of any sidewalk.
136.14 FIRES OR FUEL ON SIDEWALKS. It is unlawful for a person to make a fire of
any kind on any sidewalk or to place or allow any fuel to remain upon any sidewalk.
- 761 -
CHAPTER 136
136.15 DEFACING. It is unlawful for a person to scatter or place any paste, paint or
writing on any sidewalk.
136.16 DEBRIS ON SIDEWALKS. It is unlawful for a person to throw or deposit on any
sidewalk any glass, nails, glass bottle, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or
any other debris, or any substance likely to injure any person, animal or vehicle.
136.17 SALES STANDS. It is unlawful for a person to erect or keep any vending machine
or stand for the sale of fruit, vegetables or other substances or commodities on any sidewalk
without first obtaining a written permit from the Council.
136.18 LIABILITY. Each property owner with a sidewalk adjacent to their property shall
have the liability for any their party claims, damages, attorney fees and other costs arising out
of public use of the sidewalk, lack of sidewalk maintenance by the abutting property owner or
the lack of ice or snow removal from the sidewalk by the abutting property owner. Each said
property owner shall hold the City of Le Mars harmless with respect to any such liability to
third parties suffering injuries or property damage.
- 762 -
CHAPTER 137
VACATION AND DISPOSAL OF STREETS
137.01 Power to Vacate
137.02 Planning and Zoning Commission
137.03 Notice of Vacation Hearing
137.04 Findings Required
137.05 Disposal of Vacated Streets or Alleys
137.06 Disposal by Gift Limited
137.01 POWER TO VACATE. When, in the judgment of the Council, it would be in the
best interest of the City to vacate a street, alley, portion thereof or any public grounds, the
Council may do so by ordinance in accordance with the provisions of this chapter.
(Code of Iowa, Sec. 364.12 [2a])
137.02 PLANNING AND ZONING COMMISSION. Any proposal to vacate a street,
alley, portion thereof or any public grounds shall be referred by the Council to the Planning
and Zoning Commission for its study and recommendation prior to further consideration by
the Council. The Commission shall submit a written report including recommendations to the
Council within thirty (30) days after the date the proposed vacation is referred to the
Commission.
137.03 NOTICE OF VACATION HEARING. The Council shall cause to be published a
notice of public hearing of the time at which the proposal to vacate shall be considered.
137.04 FINDINGS REQUIRED. No street, alley, portion thereof or any public grounds
shall be vacated unless the Council finds that:
1.
Public Use. The street, alley, portion thereof or any public ground proposed
to be vacated is not needed for the use of the public, and therefore, its maintenance at
public expense is no longer justified.
2.
Abutting Property. The proposed vacation will not deny owners of property
abutting on the street or alley reasonable access to their property.
137.05 DISPOSAL OF VACATED STREETS OR ALLEYS. When in the judgment of
the Council it would be in the best interest of the City to dispose of a vacated street or alley,
portion thereof or public ground, the Council may do so in accordance with the provisions of
Section 364.7, Code of Iowa.
137.06 DISPOSAL BY GIFT LIMITED. The City may not dispose of real property by
gift except to a governmental body for a public purpose or to a fair.
(Code of Iowa, Sec. 174.15[2] & 364.7[3])
- 765 -
CHAPTER 137
VACATION AND DISPOSAL OF STREETS
EDITOR’S NOTE
The following ordinances, not codified herein and specifically saved from repeal, have been
adopted vacating certain streets, alleys and/or public grounds and remain in full force and
effect.
ORDINANCE NO.
488
496
498
571
574
593
595
618
619
635
636
644
650
652
711
769
797
ADOPTED
October 3, 1972
September 4, 1973
November 20, 1973
August 7, 1979
October 16, 1979
April 7, 1981
June 16, 1981
May 3, 1983
October 4, 1983
September 18, 1984
October 16, 1984
April 2, 1985
June 3, 1986
July 1, 1986
May 21, 1991
February 6, 1996
September 15, 1998
ORDINANCE NO.
- 766 -
ADOPTED
CHAPTER 138
STREET GRADES
138.01 Established Grades
138.02 Record Maintained
138.03 Datum Plane; Intermediate Grades
138.01 ESTABLISHED GRADES. The grades of all streets, alleys and sidewalks, which
have been heretofore established by ordinance are hereby confirmed, ratified, and established
as official grades.
138.02 RECORD MAINTAINED. The Clerk shall maintain a record of all established
grades and furnish information concerning such grades upon request.
138.03 DATUM PLANE; INTERMEDIATE GRADES. The datum plane shall be a
horizontal plane lying 1,231.26 feet below the center line of the United States Coast and
Geodetic Survey benchmark in the east face of the cornerstone of the old United States post
office, at the northeast corner of the intersection of First Street North and First Avenue East.
Street grades shall be established by ordinance. The intermediate grades between the grade
points established by ordinance shall be straight lines except at the intersection of abutting
grades, where smooth parabolic vertical curves shall be used.
EDITOR’S NOTE
The following ordinances not codified herein, and specifically saved from repeal, have been
adopted establishing street and/or sidewalk grades and remain in full force and effect.
ORDINANCE NO.
505
555
561
568
611
612
613
614
615
616
ADOPTED
June 4, 1974
July 11, 1978
December 19, 1978
July 3, 1979
April 5, 1983
April 5, 1983
April 5, 1983
April 5, 1983
April 5, 1983
April 5, 1983
ORDINANCE NO.
617
736
741
749
750
- 767 -
ADOPTED
April 5, 1983
March 16, 1993
June 15, 1993
April 5, 1994
April 5, 1994
CHAPTER 138
STREET GRADES
°°°°°°°°°°
- 768 -
CHAPTER 139
NAMING OF STREETS
139.01 Naming New Streets
139.02 Changing Name of Street
139.03 Recording Street Names
139.04 Official Street Name Map
139.05 Revision of Street Name Map
139.01 NAMING NEW STREETS. New streets shall be assigned names in accordance
with the following:
1.
Extension of Existing Street. Streets added to the City that are natural
extensions of existing streets shall be assigned the name of the existing street.
2.
Resolution. All street names, except streets named as a part of a subdivision
or platting procedure, shall be named by resolution.
3.
Planning and Zoning Commission. Proposed street names shall be referred to
the Planning and Zoning Commission for review and recommendation.
139.02 CHANGING NAME OF STREET. The Council may, by resolution, change the
name of a street.
139.03 RECORDING STREET NAMES. Following official action naming or changing
the name of a street, the Clerk shall file a copy thereof with the County Recorder, County
Auditor and County Assessor.
139.04 OFFICIAL STREET NAME MAP. Streets within the City are named as shown
on the Official Street Name Map which is hereby adopted by reference and declared to be a
part of this chapter. The Official Street Name Map shall be identified by the signature of the
Mayor, and bearing the seal of the City under the following words: “This is to certify that
this is the Official Street Name Map referred to in Section 139.04 of the Code of Ordinances
of Le Mars, Iowa.”
139.05 REVISION OF STREET NAME MAP. If in accordance with the provisions of
this chapter, changes are made in street names, such changes shall be entered on the Official
Street Name Map promptly after the change has been approved by the Council with an entry
on the Official Street Name Map as follows: “On (date), by official action of the City
Council, the following changes were made in the Official Street Name Map: (brief
description),” which entry shall be signed by the Mayor and attested by the Clerk.
- 769 -
CHAPTER 139
NAMING OF STREETS
°°°°°°°°°°
- 770 -
CHAPTER 140
CONTROLLED ACCESS FACILITIES
140.01 Exercise of Police Power
140.02 Facilities Established
140.03 Parking Restricted
140.04 Speed Limits
140.05 Schedule of Posted Streets
140.06 Unlawful Use
140.01 EXERCISE OF POLICE POWER. This chapter shall be deemed an exercise of
the police power of the City under Chapter 306A, Code of Iowa, for the preservation of the
public peace, health, safety and for the promotion of the general welfare.
140.02
FACILITIES ESTABLISHED.
1.
There are hereby fixed and established controlled access facilities on the
Primary Road System extension improvement, Project No. U-38(10), Primary
Extension U.S. 75, from the south corporate line (Station 908 + 57.0) northeast on
Hawkeye Avenue to Fifth Avenue West thence north on Fifth Avenue West to
Plymouth Street (Station 974 +00); and Primary Road System extension
improvement, Project No. U-274(4), Primary Extension U.S. 75, from the intersection
of Fifth Avenue North and Plymouth Street (Station 1000 = 00) north on Fifth
Avenue North to the north corporate line (Station 1033 +58), described as follows:
STATION
908+99
910+15
912+07
915+20
916+80
918+40
920+92
922+93
923+72
924+15
924+76
925+21
926+16
926+96
927+82
928+71
930+00
930+85
931+41
932+25
933+43
934+78
935+97
SIDE
OF STREET
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
CURB
OPENING
WIDTH
23 feet
20 feet
30 feet
25 feet
20 feet
20 feet
40 feet
50 feet
35 feet
22 feet
20 feet
28 feet
22 feet
47 feet
22 feet
35 feet
35 feet
20 feet
22 feet
22 feet
20 feet
24 feet
40 feet
DRIVE OR
ENTRANCE
WIDTH
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
- 771 -
USE OF DRIVE
OR ENTRANCE
Commercial
Commercial
Commercial
Commercial
Vacant Lot
Abandoned
Commercial
Commercial
Commercial
Commercial
Commercial
Commercial
Commercial
Commercial
Commercial
Commercial
Commercial
Commercial
Commercial
Vacant Lot
Vacant Lot
Commercial
Commercial
CHAPTER 140
STATION
937+65
941+81
942+85
944+38
948+47
948+73
949+27
951+45
953+73
953+76
954+67
954+93
955+43
955+70
956+46
958+05
960+72
962+34
962+72
962+94
963+22
963+73
964+20
964+44
965+27
965+89
966+14
966+58
966+82
967+06
967+57
968+42
968+78
971+06
971+48
971+81
972+06
972+27
972+42
972+79
973+06
973+22
973+39
973+94
935+57
SIDE
OF STREET
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
East (Rt.)
West (Lt.)
East (Rt.)
East (Rt.)
West (Lt.)
East (Rt.)
East (Rt.)
West (Lt.)
East (Rt.)
West (Lt.)
East (Rt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
East (Rt.)
East (Rt.)
West (Lt.)
East (Rt.)
East (Rt.)
East (Rt.)
West (Lt.)
East (Rt.)
East (Rt.)
East (Rt.)
East (Rt.)
West (Lt.)
East (Rt.)
West (Lt.)
East (Rt.)
East (Rt.)
West (Lt.)
East (Rt.)
West (Lt.)
CURB
OPENING
WIDTH
40 feet
40 feet
35 feet
35 feet
40 feet
40 feet
40 feet
40 feet
25 feet
40 feet
50 feet
22 feet
40 feet
40 feet
35 feet
40 feet
32 feet
15 feet
15 feet
15 feet
17 feet
17 feet
15 feet
15 feet
16 feet
18 feet
14 feet
16 feet
30 feet
13 feet
15 feet
16 feet
13 feet
20 feet
18 feet
18 feet
20 feet
18 feet
15 feet
25 feet
17 feet
16 feet
40 feet
40 feet
38 feet
DRIVE OR
ENTRANCE
WIDTH
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
- 772 -
USE OF DRIVE
OR ENTRANCE
Weigh Station
Weigh Station
Commercial
Commercial
Abandoned
Vacant Lot
Commercial
Commercial
Commercial
Commercial
Commercial
Commercial
Commercial
Commercial
Commercial
Commercial
Vacant Lot
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Joint Residential
Residential
Residential
Residential
Residential
Commercial
Commercial
Commercial
Residential
Residential
Residential
Commercial
Residential
Residential
Commercial
Commercial
Commercial
CHAPTER 140
2.
Primary Road System extension improvement, Project No. U-275(4), Primary Road
No. U.S. 75, within the City, described as follows:
STATION
SIDE
OF STREET
East (Rt.)
West (Lt.)
East (Rt.)
West (Lt.)
East (Rt.)
West (Lt.)
East (Rt.)
West (Lt.)
East (Rt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
West (Lt.)
East (Rt.)
West (Lt.)
East (Rt.)
CURB
OPENING
WIDTH
30 feet
32 feet
33 feet
42 feet
18 feet
40 feet
18 feet
40 feet
18 feet
30 feet
23 feet
23 feet
35 feet
30 feet
35 feet
17 feet
42 feet
60 feet
DRIVE OR
ENTRANCE
WIDTH
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
USE OF DRIVE
OR ENTRANCE
1000+22
Commercial
1000+22
Commercial
1000+93
Commercial
1001+19
Commercial
1001+36
Vacant Lot
1001+86
Commercial
1002+47
Residential
1002+62
Joint Commercial
1003+15
Residential
1003+32
Commercial
1003+82
Commercial
1004+41
Commercial
1004+87
Commercial
1005+34
Commercial
1006+00
Commercial
1006+22
Residential
1006+86
Residential
1006+86
Joint Residential
and Commercial
1009+60
East (Rt.)
32 feet
—
Joint Residential
and Commercial
1011+39
East (Rt.)
35 feet
—
Commercial
1012+05
East (Rt.)
18 feet
—
Residential
1013+96
East (Rt.)
15 feet
—
Residential
1015+07
East (Rt.)
17 feet
—
Residential
1017+68
East (Rt.)
20 feet
—
Commercial
1018+21
East (Rt.)
18 feet
—
Joint Residential
and Commercial
Part or parts of areas Station 1018+95 (Rt.) to Station 1021+35 East (Rt.) Combined drive or
drives to serve residence, café, service station and garage.
1022+84
East (Rt.)
22 feet
—
Joint Residential
and Commercial
1023+24
East (Rt.)
18 feet
—
Residential
1023+84
East (Rt.)
—
30 feet
State Maintenance
Garage
1024+35
West (Lt.)
—
17 feet
Field Entrance
regulating access to and from U.S. 75 from the south to the north corporate limits of
the City from abutting properties along said highway in accordance with plans for
such improvements identified as Project U-38(10) and U-275(4).
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CHAPTER 140
3.
primary road system extension improvement, project FN-38 primary roads 3 and 75
within the City, described as follows: Project FN-38 Primary Extension 3 and 75.
From the intersection of East Fifth Avenue and Plymouth Street (Station 771 + 95)
north and northeast to the east corporation line (Station 825+12).
CURB
DRIVE OR
SIDE
OPENING
ENTRANCE
USE OF DRIVE
OF STREET
WIDTH
WIDTH
OR ENTRANCE
773+19
West (Lt.)
17 feet
—
Residential
774+29
West (Lt.)
21 feet
—
Residential
774+29
East (Rt.)
14 feet
—
Residential
774+86
East (Rt.)
17 feet
—
Residential
775+45
East (Rt.)
12 feet
—
Residential
777+90
West (Lt.)
—
11 feet
Residential
779+00
West (Lt.)
—
11 feet
Residential
779+72
West (Lt.)
—
10 feet
Residential
Part or parts of opening from station 781+85 west (Lt.) to station 782+65 west (Lt.).
Combined drive or drives to serve P. & W. Farm Service and Gas Bulk Tanks. C drive at
station 782+25.
Equation: 787+06.3 P.T. West back
787+08.1 P.T. East ahead
792+68
South (Rt.)
—
14 feet
Field Entrance
794+15
North (Lt.)
—
15 feet
Field Entrance
Equation: 809+46.0 Old P.I. West back
809+09 Old P.I. East ahead
810+13
South (Rt.)
—
20 feet
Iowa National Guard
810+64
South (Rt.)
—
17 feet
(Abandoned) Iowa
National Guard
813+46
South (Rt.)
—
17 feet
Brentwood
Convalescent
& Rest Home
818+81
South (Rt.)
—
19 feet
Plymouth County
Home
STATION
140.03 PARKING RESTRICTED.
1.
Parking is prohibited on the extension of Business U.S. 75 through the City,
from the south corporate limits to the north corporate limits. No person shall stop,
stand or park a vehicle, except when necessary to avoid conflict with other traffic or
in compliance with the directions of a peace officer, except for such time as may be
necessary for the expeditious loading or unloading of passengers or materials at any
place along the extension of Business U.S. 75 within the City. Parking is prohibited
for thirty-five (35) feet from the back of the walk line of intersecting street
approaches, also for one hundred thirty (130) feet east of the intersection of Fifth
Avenue West/Business U.S. 75 and Plymouth Street.
2.
Parking is hereby prohibited on the extensions of Highways 3 and Business
U.S. 75 within the City from the intersection of Fifth Avenue East and Plymouth
Street in the City to the east corporate limits of the City. No person shall stop, stand
or park a vehicle, except when necessary to avoid conflict with other traffic or in
compliance with the directions of a peace officer, except for such time as may be
- 774 -
CHAPTER 140
necessary for the expeditious loading or unloading of passengers or materials at any
place along the extensions of Highways 3 and Business U.S. 75 within the City.
Parking is prohibited for thirty-five (35) feet from the back of the walk line of
intersecting street approaches.
140.04
SPEED LIMITS.
1.
Speed limits are hereby fixed on the extensions of Business U.S. 75 in the
City as follows:
A.
Forty-five (45) miles per hour from Blue Bunny Drive to 500 feet ±
south of Airport Drive.
B.
Thirty-five (35) miles per hour from 500 feet ± south of Airport
Drive to 100 feet ± north of Fourth Street North.
C.
Forty (40) miles per hour from 100 feet ± north of Fourth Street
North to 100 feet ± north of Floyd River Bridge.
D.
Fifty-five (55) miles per hour from 100 feet ± north of Floyd River
Bridge to north corporate limits.
2.
Speed limits are hereby fixed on the extensions of Highways 3 and 75 in the
City as follows:
A.
Fifty (50) miles per hour 1500 feet ± from St. 492± to Sta. 507±.
B.
Forty (40) miles per hour 1100 feet ± from Sta. 507± to Sta. 518±.
C.
Thirty (30) miles per hour 2010 feet ± from Sta. 518± to 250 ft.±
west of 2nd Avenue West.
D.
Twenty-five (25) miles per hour 2165 feet ± from 250 feet west of 2nd
Avenue West to 50 feet ± west of 3rd Avenue East.
E.
Thirty (30) miles per hour 1690 feet ± from 50 feet ± west of 3rd
Avenue East to 400 feet ± north of 1st Street North.
F.
Forty (40) miles per hour 1480 feet ± from 400 feet ± north of 1st
Street North to Sta. 795± .
G.
Fifty (50) miles per hour 3000 feet ± from Sta. 795± to Sta. 825±.
140.05 SCHEDULE OF POSTED STREETS. The speed limits set forth opposite the
street named in the schedule of posted streets constituting a portion of this section are the
maximum lawful speeds at which motor vehicles and motorcycles shall be operated thereon.
The speed limits being established are at the recommendation of the City Engineer, in
consultation with the County Engineer, based upon engineering studies conducted in
connection therewith. Advance warning signs shall be placed as appropriate, stating “Speed
Reduced Ahead.”
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CHAPTER 140
NAMED STREETS
Name of Street
From
To
Airport Drive
Holton Drive
Industrial Road
Lincoln Avenue
Lincoln Street
Prospect Street
Mahogany Avenue
(4th Avenue East)
Mahogany Avenue
(4th Avenue East)
Business US 75
Airport Drive
Lincoln Street
Lincoln Street
6th Avenue SW
6th Avenue SW
Holton Drive
6th Street SW
24th Street SW
South City Limits
Lincoln Avenue
Industrial Road
Speed
Limit
35 mph
35 mph
35 mph
35 mph
35 mph
35 mph
Park Lane
2,000 feet north
35 mph
2,000 feet north
North line of North Greenview
Estates Subdivision
45 mph
Mahogany Avenue
(4th Avenue East)
Lake Avenue
(Lincoln Avenue)
Lake Avenue
(Lincoln Avenue)
Lake Avenue
(Lincoln Avenue)
Lynx Avenue
(6th Avenue West)
Lynx Avenue
(6th Avenue West)
Lynx Avenue
(6th Avenue West)
K-49 (7th Avenue East)
th
C-30 (12 Street South)
C-30 (12th Street South)
200th Street
(24th Street South)
Keystone Avenue
(30th Avenue West)
Keystone Avenue
(30th Avenue West)
Keystone Avenue
(30th Avenue West)
North line of North Greenview
Estates Subdivision (in Plymouth
County Rural)
55 mph
18th Street South
South Corporation Line
35 mph
South Corporation Line
500 feet south
45 mph
500 feet south to the south
(in Plymouth County Rural)
55 mph
18th Street South
500 feet south
35 mph
500 feet south
1,000 feet south
45 mph
1,000 feet south to the south (in
Plymouth County Rural)
18th Street South
600 feet south
1,200 feet south to the south (in
Plymouth County Rural)
7th Avenue East
1,300 west of 14th Avenue East
700 feet west of 14th Avenue East
1,600 feet east of 14th Avenue East
to the east (in Plymouth County
Rural)
55 mph
600 feet south
1,200 feet south
35 mph
45 mph
55 mph
th
1,300 feet west of 14 Avenue East
700 feet west of 14th Avenue East
1,600 feet east of 14th Avenue East
25 mph
35 mph
45 mph
55 mph
660 feet east of Keystone Avenue
3,960 feet west of Keystone Avenue
45 mph
South Corporation Limit (C-38)
1,320 feet south of 200th Street
55 mph
1,320 feet south of 200th Street
1,320 feet north of 200th Street
1,320 feet north of 200th Street
North Corporation Limits (195
Street)
45 mph
th
55 mph
NUMBERED STREETS
Name of Street
From
To
8th Avenue SW
8th Street SW
12th Avenue SW
12th Street SW
18th Street SW
21st Street SW
24th Street SW
6th Street SW
6th Avenue SW
12th Street SW
6th Avenue SW
6th Avenue SW
Industrial Road
6th Avenue SW
Business US 75
Lincoln Street
18th Street SW
Holton Drive
Lincoln Street
Lincoln Avenue
Business US 75
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Speed
Limit
35 mph
35 mph
35 mph
35 mph
35 mph
35 mph
35 mph
CHAPTER 140
140.06
UNLAWFUL USE. It is unlawful for any person to:
1.
Drive a vehicle over, upon or across any curb, central dividing section or
other separation or dividing line on such controlled access facilities.
2.
Make a left turn or a semicircular or U-turn except through an opening
provided for that purpose in the dividing curb section, separation or line.
3.
Drive any vehicle except in the proper lane provided for that purpose and in
the proper direction and to the right of the central dividing curb, separation section or
line.
4.
Drive any vehicle into the controlled access facility from a local service road
except through an opening provided for that purpose in the dividing curb or dividing
section or dividing line which separates such service road from the controlled access
facility property.
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CHAPTER 140
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CHAPTER 145
DANGEROUS AND DILAPIDATED STRUCTURES
145.01
145.02
145.03
145.04
145.05
145.06
145.07
Definitions
Procedure to Remedy
Time for Compliance
Removal of Posted Notice
Service by Public Utilities
Demolition
Access for Demolition; Penalties
145.08 Grading of Premises After Demolition
145.09 Extermination Procedure Before Demolition
145.10 Bids for Demolition; Bid Opening; Award of
Contract
145.11 Stay of Demolition; Bond
145.12 Emergency Procedures
145.13 Assessment of Costs
145.01 DEFINITIONS. The following words when used in this chapter shall have the
meanings:
1.
“Dangerous or dilapidated structure” means:
A.
Any building, shed, fence or other man-made structure which is
dangerous to the public health because of its condition. A dangerous
condition shall include, but not be limited to one which may cause or aid in
the spread of disease; or which may cause injury to the health of the
occupants of it or neighboring structures.
B.
Any building, shed, fence or other man-made structure which,
because of faulty construction, age, lack of proper repair or any other cause,
constitutes or creates a fire hazard.
C.
Any building, shed, fence or other man-made structure which, by
reason of faulty construction or any other cause, is liable to cause injury or
damage by its collapsing or by the collapse or fall of all or any part of such
structure.
D.
Any building, shed, fence or other man-made structure which,
because of its condition or because of lack of doors or windows, is available
to or frequented by persons who are not lawful occupants of such structure.
2.
“Imminently dangerous structure” is any building, shed, fence or other manmade structure which is in danger of imminent collapse of all or any part of such
structure and is thereby an imminent danger to the health and safety of the general
public or adjacent property.
3.
“Inspecting official” means the City Administrator or duly authorized
designee.
4.
“Owner” means the construct purchaser if there is one of record, otherwise
the record title holder.
145.02 PROCEDURE TO REMEDY. Whenever the inspecting official determines that
any structure is a dangerous or dilapidated structure, the inspecting official shall:
1.
Cause to be posted in a conspicuous place on the structure a notice which
shall read substantially as follows: “Danger — Unsafe or Unfit Structure.” Such
notice shall remain posted until the required repairs, removal or demolition is
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CHAPTER 145
completed. Such notice shall not be removed except by the inspecting official or by
the inspecting official’s written permission and no persons shall enter a building
except for the purpose of making the required repairs, removal or demolition.
2.
Cause to be served upon the owner thereof and the occupants, if any, a
written notice which shall contain:
A.
The street address and a legal description sufficient for identification
of the premises upon which the structure is located.
B.
A statement that the inspecting official has found the structure to be a
dangerous or dilapidated structure with a description of the conditions found
to render the structure dangerous under the provisions of this section.
C.
That the structure must be vacated by all occupants within a specified
time, which shall be reasonable under the circumstances.
D.
A statement of the corrective action to be taken as determined by the
inspecting official including a time for commencing and completing such
corrective action. All repair or modification or demolition work ordered shall
be commenced within a reasonable time not to exceed thirty (30) days from
the date of the notice and to be completed within a reasonable time not to
exceed six (6) months from the date of the notice. Corrective action may
include repair, removal or demolition, as determined by the inspecting
official.
E.
A statement that if the required repair, modification or demolition
work is not commenced within the time specified, the City may cause the
structure to be demolished and will assess all costs thereof in accordance with
State law. A statement that the inspecting official will report the failure of
the owner to repair, modify or demolish the structure to the Council; that the
Council will conduct a public hearing on the report and may order the City
Administrator to proceed with demolition of the structure and thereafter
assess all the costs of demolition against the property and to the owner; that
the owner may file written objections with the Clerk or appear at the public
hearing and be heard orally in relation to the matter; and the date, time and
place of the public hearing before the Council.
F.
A statement of the right to appeal the notice in writing to the City
Administrator, within fifteen (15) days of the date of notice. However, a
notice to demolish a structure shall not be subject to an appeal when said
notice is given subsequent to a notice to repair or modify and such repairs or
modifications have not been completed.
3.
Such notice may be in the form of an ordinance or by certified mail to the
property owner as shown by the records of the County Auditor and to the occupants,
if any, and shall state the time within which action is required. However, in an
emergency, the City may perform any action which may be required under this
section without prior notice and assess the costs as provided by law, after notice to
the property owner and hearing.
4.
The inspecting official shall file a copy of such written notice with the
County Recorder.
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CHAPTER 145
145.03 TIME FOR COMPLIANCE. Any structure which shall have been posted with a
notice that it is unsafe or unfit shall immediately be made as safe, secure and free from
dangers to others as is possible pending repair or demolition. When the corrective action
required is repair or modification, the owner of the premises shall, within thirty (30) days of
the date of notice, file a sworn statement of intention, with plans and financial reports as may
be requested by the inspecting official to assure such intention, to repair, or modify the
structure as required for compliance with the provisions of intention. The owner shall within
sixty (60) days of the date of notice, commence actual repairs or modifications as required
and as stated in the sworn statement of intention. The owner shall, within a reasonable time
determined by the inspecting official but not to exceed six months from the date of notice,
complete such repairs or modifications as stated and required. When the corrective action
required is the demolition of the structure, the owner of the premises shall, within fifteen days
of the date of notice, commence said demolition; and shall, within a reasonable time
determined by the inspecting official but not to exceed sixty days from the date of notice
complete such demolition as stated and required. The board of housing appeals may grant
one extension of time to comply with an order to repair or modify or demolish a structure
when the owner affirmatively shows the financial ability to perform the work; and the work,
through no fault of the owner, cannot be completed within the time provided. Such extension
shall be for a reasonable period of time not to exceed ninety days for repairs or modifications
and not to exceed sixty days for demolition.
145.04 REMOVAL OF POSTED NOTICE. No person shall deface, cover, obliterate, or
remove the notice posted pursuant to Section 145.02 from any structure which has been so
posted by the inspecting official as unsafe or unfit, except as provided in this section. No
such structure shall again be occupied or used until such posted notice is removed by the
inspecting official. The inspecting official shall remove such posted notice when the defect
or defects which caused the posted notice have been eliminated, or when the demolition or
removal of the structure is commenced.
145.05 SERVICE BY PUBLIC UTILITIES. After the date for the vacation of the
structure, it is unlawful for any public utilities corporation or company to furnish gas or
electrical service to any structure which has been posted with notice by the inspecting official
as unsafe or unfit, when the inspecting official in his or her discretion has notified the public
utilities corporation or company in writing of his or her action in posting the structure as of
the date and services shall be discontinued. The utility service shall not be restored to a
posted structure until notice in writing is received from the inspecting official authorizing the
restoration of service to be used in connection with the revocation, repair or remodeling of the
structure to comply with the provisions of this chapter. The inspecting official shall give such
written authorization for the restoration of service when the posted notice is removed
pursuant to the provisions of this chapter.
145.06
DEMOLITION.
1.
When the owner fails to commence or complete the required repairs, removal
or demolition within the specified time period, the inspecting official shall report the
owner’s failure to the Council.
2.
The Council shall then hold a hearing and may, by resolution authorize the
inspecting official to demolish the structure or take such other action it deems
appropriate, including the granting of a stay.
- 803 -
CHAPTER 145
3.
Upon passage of such resolution, the inspecting official shall file a certified
copy of such resolution with the County Recorder.
145.07 ACCESS FOR DEMOLITION; PENALTIES. The owner of the structure who
has received the report of the intent of the inspecting official to demolish, shall give entry and
free access to the agent and the inspecting official for the purpose of demolition. Any owner
who refuses, impedes, interferes with or hinders or obstructs entry by such agent pursuant to a
notice of intention to demolish shall be subject to the municipal infraction penalties of this
code in Section 4.03.
145.08 GRADING OF PREMISES AFTER DEMOLITION. Whenever the premises is
demolished, whether carried out by the owner, or by the inspecting official, such demolition
shall include the filing of the excavation on which the demolished premises was located in
such manner as to eliminate all potential danger to the public health, safety, or welfare arising
from such excavation.
145.09 EXTERMINATION PROCEDURE BEFORE DEMOLITION. All demolition
shall be preceded by an inspection of the premises by the inspecting official to determine
whether or not extermination procedures are necessary. If the premises are found to be
infested, appropriate rat extermination to prevent the spread of rats to adjoining or other areas
shall be instituted before, during and after demolition.
145.10 BIDS FOR DEMOLITION; BID OPENING; AWARD OF CONTRACT. The
inspecting official shall commence demolition as follows:
1.
When the estimated cost of demolition, in the opinion of the appropriate
authority, is five thousand dollars or more, the work shall be done under contract and
the inspecting official shall seek sealed bids as near in form and manner as those used
in contracts for street improvements. If no bids are received, the inspecting official
may negotiate a contract with a qualified contractor. Bids, if any, shall be opened in
the office of the inspecting official.
2.
When the estimated cost of demolition, in the opinion of the inspecting
official, is less than five thousand dollars, the work shall be done under contract and
the inspecting official shall seek sealed bids in a manner he or she deems appropriate
or shall negotiate a contract with a qualified contractor. Bids, if any, shall be opened
in the office of the inspecting official.
3.
A contract for demolition pursuant to subsection 1 of this section shall be
awarded by resolution of the City Council.
4.
A contract for demolition pursuant to subsection 2 of this section shall be
awarded by the City Administrator.
145.11 STAY OF DEMOLITION; BOND.
1.
The owner, or any interested person, may request a delay in the demolition of
a structure at the time of the hearing on resolution authorizing demolition. Such
request shall be made in writing. The Council may grant such request properly before
it when in its opinion it is practical, economical and structurally possible to
rehabilitate the structure to comply with this code.
- 804 -
CHAPTER 145
2.
No stay granted shall be effective, however, unless and until such person
signs a written agreement with the City wherein the person agrees:
A.
To make all of the necessary repairs to bring the structure to current
code standards within a time not to exceed sixty days of the date the stay is
granted.
B.
To grant the City the right to award a contract and to enter in and
upon such premises for the purposes of demolishing same upon the failure of
the person to make such necessary repairs within the agreed upon time
period; and
C.
Agrees to pay the City a per diem, in an agreed upon amount, which
shall serve as reimbursement to the City for administrative and monitoring
expenses for each day such person requests a delay in City demolition beyond
the period of time established for the repair of the structure under the
agreement; and such person files a performance bond with the City in the
estimated cost of demolition, as determined by the inspecting official, and in
an amount sufficient to assure payment of the per diem reimbursement to the
City. In no event shall the portion of the bond attributable to the cost of
demolition be less than one thousand dollars, nor shall the portion of the bond
attributable to the per diem reimbursement be less than one thousand dollars.
The bond shall be conditioned upon the person performing the repairs within
the agreed upon time period, together with, written extensions thereto, and
conditioned upon payment of the per diem reimbursement as same shall
become due. Upon such person’s failure to make all of the repairs in a
manner acceptable to the City within the agreed upon time period, together
with written extensions thereto, the inspecting official may proceed to
demolish the structure without further notice.
3.
The proceeds of the bond given pursuant to this section, if any, shall be
applied by the City Treasurer first against any unpaid per diem reimbursement and
then against the assessment for demolition.
145.12 EMERGENCY PROCEDURES. Whenever the inspecting official determines that
any structure in the City is an imminently dangerous structure, the inspecting official shall
notify the owner of said structure by any reasonable means, including telephonic means, and
allow the owner a reasonable period of time, as determined by the inspecting official, in
which to make the structure safe or to commence and complete demolition of the structure.
Upon the failure or refusal of the owner to make the structure safe or to commence or
complete demolition within the time period provided, the inspecting official shall proceed at
once to make safe the structure or to demolish the structure. In the event the work is
performed by the City, the costs of same shall be assessed against the property.
145.13 ASSESSMENT OF COSTS. Upon completion of demolition the inspecting
official shall report to the Council the actual cost of demolition, grading, extermination,
serving of notices, plus twenty percent of the total of said amounts to compensate for the cost
of supervision and administration by the City. The Council may then proceed to assess said
costs against the property pursuant to the provisions of Section 364.12 of the Code of the
State of Iowa.
- 805 -
CHAPTER 145
- 806 -
CHAPTER 146
MANUFACTURED AND MOBILE HOMES
146.01 Definitions
146.02 Conversion to Real Property
146.01
146.03 Foundation Requirements
1.
“Manufactured home” means a factory-built structure, built under the
authority of 42 U.S.C. Sec. 5403, which was constructed on or after June 15, 1976,
and is required by Federal law to display a seal from the United States Department of
Housing and Urban Development.
2.
“Manufactured home community” means any site, lot, field or tract of land
under common ownership upon which ten or more occupied manufactured homes are
harbored, either free of charge or for revenue purposes, and includes any building,
structure or enclosure used or intended for use as part of the equipment of the
manufactured home community.
3.
“Mobile home” means any vehicle without motive power used or so
manufactured or constructed as to permit its being used as a conveyance upon the
public streets and highways and so designed, constructed or reconstructed as will
permit the vehicle to be used as a place for human habitation by one or more persons;
but also includes any such vehicle with motive power not registered as a motor
vehicle in Iowa. A mobile home means any such vehicle built before June 15, 1976,
which was not built to a mandatory building code and which contains no State or
Federal seals.
4.
“Mobile home park” means any site, lot, field or tract of land upon which
three (3) or more mobile homes or manufactured homes, or a combination of any of
these homes, are placed on developed spaces and operated as a for-profit enterprise
with water, sewer or septic, and electrical services available.
The term “manufactured home community” or “mobile home park” is not to be construed to
include manufactured or mobile homes, buildings, tents or other structures temporarily
maintained by any individual, educational institution or company on their own premises and
used exclusively to house their own labor or students. The manufactured home community or
mobile home park shall meet the requirements of any zoning regulations that are in effect.
146.02 CONVERSION TO REAL PROPERTY. A mobile home or manufactured home
which is located outside a manufactured home community or mobile home park shall be
converted to real estate by being placed on a permanent foundation and shall be assessed for
real estate taxes except in the following cases:
(Code of Iowa, Sec. 435.26 & Sec. 435.35)
1.
Retailer’s Stock. Mobile homes or manufactured homes on private property
as part of a retailer’s or a manufacturer’s stock not used as a place for human
habitation.
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CHAPTER 146
MANUFACTURED AND MOBILE HOMES
2.
Existing Homes. A taxable mobile home or manufactured home which is
located outside of a manufactured home community or mobile home park as of
January 1, 1995, shall be assessed and taxed as real estate, but is exempt from the
permanent foundation requirement of this chapter until the home is relocated.
146.03 FOUNDATION REQUIREMENTS. A mobile home or manufactured home
located outside of a manufactured home community or mobile home park shall be placed on a
permanent frost-free foundation system which meets the support and anchorage requirements
as recommended by the manufacturer or required by the State Building Code. The foundation
system must be visually compatible with permanent foundation systems of surrounding
residential structures. Any such home shall be installed in accordance with the requirements
of the State Building Code.
(Code of Iowa, Sec. 103A.10 & 414.28)
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CHAPTER 150
BUILDING NUMBERING
150.01 Division Lines
150.02 Numbers
150.03 Assigning Numbers
150.04 Directional Designation of Streets and Avenues
150.01 DIVISION LINES. All buildings now or hereafter erected adjacent to the public
streets within the City shall be numbered according to the following plan:
1.
In numbering buildings fronting on streets running north and south, the
division line shall be Plymouth Street.
2.
In numbering buildings fronting on streets running east and west, the division
line shall be Central Avenue.
150.02 NUMBERS. Buildings on the east side of the streets running north and south shall
bear even numbers. Buildings on the west side of such streets shall bear odd numbers.
Buildings on the north side of the streets running east and west shall bear odd numbers and
those on the south side of such streets shall bear even numbers. Each twenty (20) feet of
frontage shall constitute a number beginning on either side of the division line with numbers 1
and 2 for the first twenty (20) feet on either side of the street and the numbers in the
successive blocks in either direction shall advance by 100.
150.03 ASSIGNING NUMBERS. The City Building Official shall, when requested by any
property owner, designate the number of any building within the City in accordance with the
provisions in this Chapter, and shall keep a record of the number so designated.
150.04 DIRECTIONAL DESIGNATION OF STREETS AND AVENUES.
1.
That part of any street or avenue lying west of Central Avenue and north of
Plymouth Street shall be designated by the suffix “Northwest.”
2.
That part of any street or avenue lying west of Central Avenue and south of
Plymouth Street shall be designated by the suffix “Southwest.”
3.
That part of any street or avenue lying east of Central Avenue and south of
Plymouth Street shall be designated by the suffix “Southeast.”
4.
That part of any street or avenue lying east of Central Avenue and north of
Plymouth Street shall be designated by the suffix “Northeast.”
- 825 -
CHAPTER 150
BUILDING NUMBERING
°°°°°°°°°°
- 826 -
CHAPTER 151
TREES, SHRUBS AND OTHER PLANTS
151.01
151.02
151.03
151.04
151.05
151.06
151.07
151.08
151.09
151.10
151.11
151.12
151.13
Purpose
Definitions
Creation and Establishment of City Tree Board
Term of Office
Compensation
Duties and Responsibilities
Operation
Street Trees
Prohibited Trees
Spacing
Distance from Curb and Sidewalk
Distance from Street Corners, Alleys and Fireplugs
Utilities
151.14
151.15
151.16
151.17
151.18
151.19
151.20
151.21
151.22
151.23
Permits for Planting or Removal Required
Restrictive Covenants
Public Tree Care
Pruning and Corner Clearance
Removal of Stumps
Visibility at Intersections
Flowers on the Right-of-way
Abuse or Mutilation of Public Trees
Penalty
Interference with City Tree Board or Code
Enforcement Officer and Their Agents
151.24 Funds Received for Damage or Loss of Trees
151.25 Appeals
151.01 PURPOSE. It is the purpose of this chapter to promote and protect the public
health, safety, and general welfare by providing for the regulation of the planting,
maintenance, and removal of trees, shrubs and other plants within the City.
151.02
1.
“Corner lot” means a lot at all intersecting streets and on curves of a
continuous street.
2.
feet.
“Large tree” means any tree with a mature height of more than thirty (30)
3.
“Park planting” means and includes any tree, shrub and all other woody
vegetation in public parks having individual names and all areas owned by the City or
to which the public has free access as a park.
4.
“Parking” means the area between the curb or curb line and sidewalk or
sidewalk line.
5.
“Shrub” means any multiple-stemmed woody plant.
6.
feet.
“Small tree” means any tree with a mature height of fifteen (15) to thirty (30)
7.
“Street tree” means and includes any tree on land lying between property
lines on either side of all streets, avenues or ways within the City.
8.
“Tree” means a single-stemmed woody plant with a mature height of a
minimum of fifteen (15) feet.
151.03 CREATION AND ESTABLISHMENT OF CITY TREE BOARD. There is
created and established a City Tree Board for the City, which shall consist of seven (7)
members, five (5) of whom shall be residents of the City, appointed by the Mayor with
Council approval. The remaining two (2) members shall be the Public Works Superintendent,
acting as Board Secretary, and the Assistant Public Works Superintendent, both of whom
shall serve ex officio.
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151.04 TERM OF OFFICE. The term of the five (5) persons to be appointed by the
Council shall be three (3) years, and the terms of office of such members are staggered so that
in one year, one member is appointed and in each of the next two years two members are
appointed. In the event that a vacancy shall occur during the term of any member, the
successor shall be appointed for the unexpired portion of the term.
151.05 COMPENSATION. Members of the Board shall serve without compensation.
151.06 DUTIES AND RESPONSIBILITIES. The Board shall act as an advisory
committee to the Council. The Board shall have the responsibility to study, investigate,
counsel, develop and update a written plan for the care, preservation, pruning, planting,
replanting, removal or disposition of trees and shrubs in parks, along streets and in other
public areas. Such plan will be presented to the Council and upon acceptance and approval
shall constitute the official comprehensive City Tree Plan for the City. The Board, when
requested by the Council, shall consider, investigate, make findings, report and recommend
upon any special matter or question coming within the scope of its work.
151.07 OPERATION.
1.
The Board shall choose its own officers, make its own rules and regulations
and keep a journal of its proceedings. A majority of the members shall be a quorum
for the transaction of business.
2.
For purposes of enforcement of any regulations established in this chapter,
the Code Enforcement Officer is hereby designated as the person responsible for
enforcing all regulations established herein.
151.08 STREET TREES. Street trees not allowed for planting along City streets are as
follows:
Silver Maple
Conifer – Evergreens
Nut-bearing trees
Russian Olive
Salix (Willows)
Poplars and Cottonwoods
Fruit-bearing trees
Box Elder
Pin Oak
Catalpa
Elms - except American Elm hybrids resistant to Dutch Elm disease
A current list of street trees recommended for planting along City streets shall be kept on file
at the office of the Code Enforcement Officer.
151.09 PROHIBITED TREES. The following nuisance types of trees shall not be planted
upon public or private property and are subject to removal at the property owner’s expense, as
determined by the Code Enforcement Officer:
Cotton-bearing Poplar and
Cottonwood
Box Elder
Tree of Heaven
151.10 SPACING. Small trees shall not be planted closer than twenty (20) feet from one
another or closer than thirty (30) feet from a large tree. Large trees shall not be planted closer
than thirty (30) feet from one another.
151.11 DISTANCE FROM CURB AND SIDEWALK. No trees shall be planted on
parkings that are less than eight (8) feet wide. Trees shall be planted no closer than four (4)
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feet to the curb or curb line and no closer than three (3) feet to the sidewalk or sidewalk line.
Whenever possible, trees shall be centered between the curb or curb line and the sidewalk or
sidewalk line.
151.12 DISTANCE FROM STREET CORNERS, ALLEYS AND FIREPLUGS. No
street trees shall be planted closer than ten (10) feet to the intersecting lot lines of a corner lot.
No street trees shall be planted within five (5) feet of any alley or drive. No street trees shall
be planted closer than ten (10) feet of any fireplug or utility pole.
151.13 UTILITIES. No street trees other than those approved as small trees by the Tree
Board may be planted under or within ten (10) lateral feet of any overhead utility wire.
151.14 PERMITS FOR PLANTING OR REMOVAL REQUIRED. No street tree shall
be planted unless a permit is obtained from the Code Enforcement Officer. All plantings must
be specified and noted on the permit as well as the location of said plantings. Any plantings
done prior to issuance of a permit are subject to removal by order of the Code Enforcement
Officer if in violation of any regulation contained in this chapter and will require the
immediate acquisition of a permit. No living tree shall be destroyed or removed from the
parking unless a permit is obtained.
151.15 RESTRICTIVE COVENANTS. The provisions of this chapter are required to be
included in the restrictive covenants of all new subdivisions of the City.
151.16 PUBLIC TREE CARE. The City shall have the right to plant, prune, maintain and
remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, and
public grounds, as may be necessary to insure public safety or to preserve or enhance the
symmetry and beauty of such public grounds. The City may remove or order to be removed
any tree or part thereof which is in an unsafe condition or which by reason of its nature is
injurious to sewers, electric power lines, gas lines, water lines or public improvements, or is
affected with any disease, insect or other pest. This section does not prohibit the planting of
street trees by adjacent property owners, providing that the selection and location of such
trees is in accordance with this chapter.
151.17 PRUNING AND CORNER CLEARANCE. Every owner or occupant of real
property bordering upon any street, alley or public place shall keep the branches of any tree
overhanging any street or right-of-way within the City pruned so that such branches shall not
obstruct the light from any street lamp or obstruct the view of any street intersection and so
that there shall be a clear space of fifteen (15) feet above the surface of any street or alley and
a clear space of ten (10) feet above the surface of any right-of-way grounds or sidewalk. The
owner shall remove broken or decayed limbs which constitute a menace to the safety of the
public. The City shall have the right to prune any tree or shrub on private property when it
interferes with the proper spread of light along the street from a street light or interferes with
visibility or any traffic control device or sign.
151.18 REMOVAL OF STUMPS. All stumps of street and park trees shall be removed
below the surface of the ground so that the top of the stump shall not project above the
surface of the ground.
151.19 VISIBILITY AT INTERSECTIONS. On a corner lot in any residential district,
nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially
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impede vision between a height of two and one-half (2½) 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 intersection of the right-of-way lines. If a violation is discovered by the Code Enforcement
Officer, he or she is to give a 20-day written notice to the property owner or occupant to
remedy the violation. The notice shall specify the exact extent of the violation and provide
that the property owner or occupant may appeal to the City Tree Board if said owner or
occupant disagrees with the Code Enforcement Officer’s notice. If the City Tree Board finds
that it agrees with the Code Enforcement Officer, it shall order the Code Enforcement Officer
to proceed with remedying any violations at the expense of the property owner or occupant.
151.20 FLOWERS ON THE RIGHT-OF-WAY. Shrubs and flowers may be grown on
public right-of-way if maintained under 2½ feet above ground level and if they present no
safety hazard. No vegetables may be planted on public right-of-ways.
151.21 ABUSE OR MUTILATION OF PUBLIC TREES.
1.
It is unlawful as a normal practice for any person, firm or City department to
top any street, park or other tree on public property. Topping is defined as the severe
cutting back of limbs to stubs larger than three (3) inches in diameter within the tree’s
crown to such a degree so as to remove the normal canopy and disfigure the tree.
Trees severely damaged by storms or other causes, or certain trees under utility wires
or other obstructions where other pruning practices are impractical may be exempted
from this chapter at the determination of the Council. Unless specifically authorized
by the City Tree Board, no person shall intentionally damage, cut, carve, transplant or
remove any tree on public property; attach any rope, wire, nail, advertising poster or
other contrivance to any tree on public property; allow any gaseous liquid or solid
substance that is harmful to such trees to come in contact with them or with their
roots; or set fire or permit any fire to burn when such fire or the heat thereof will
injure any portion of any tree on public property.
2.
The City Tree Board shall assess to the person who causes damage to or loss
of City trees the damage value based on estimate figures using International Society
of Arboriculture Standards.
151.22 PENALTY. Any person violating any provisions of this chapter shall be in
violation of this Code of Ordinances. Said person shall comply in all respects with any
previous orders or notices issued by the Code Enforcement Officer within five (5) days of
conviction or plea.
151.23 INTERFERENCE WITH CITY TREE BOARD OR CODE ENFORCEMENT
OFFICER AND THEIR AGENTS. It is unlawful for any person to prevent, delay or
interfere with the City Tree Board, Code Enforcement Officer or any of their agents, while
engaging in or participating in any planting, cultivation, mulching, pruning, spraying,
removing or inspecting any street trees, park trees or other trees, shrubs or other plantings on
public property as specified in this chapter.
151.24 FUNDS RECEIVED FOR DAMAGE OR LOSS OF TREES. Any funds
received or collected by the City for damage or loss of street or park trees shall be placed in a
City Tree Fund and designated for the purchase of replacement street and park trees.
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151.25 APPEALS. A decision of the Code Enforcement Officer may be appealed to the
City Tree Board. All appeals must be made in writing, addressed to the Chairperson of the
Tree Board. The Tree Board is then required to hold a hearing on the appeal within thirtyfive (35) days of the receipt of said appeal. Written notice of the hearing date and time is to
be mailed to the appellant and the Tree Board ten (10) days prior to said hearing date. The
Tree Board shall then make a written finding within forty-five (45) days of the hearing date,
with a copy to the appellant and Council. The Tree Board recommendation shall be presented
to the Council for a final decision. The Council may abide by the Tree Board’s
recommendation or make its own decision. However, in no case will the Council conduct
further hearings on such matters. The decision of the Council will be final.
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CHAPTER 152
SIGNS
152.01
152.01
152.03
152.04
152.05
152.06
152.07
Purpose
Definitions
Signs Allowed in All Districts
Signs in Business and Industrial Districts
Wall Signs
Projecting Signs
Free-Standing Signs
152.08
152.09
152.10
152.11
152.12
152.13
Canopy Signs
Portable Signs
Paper Posters
Billboard
Prohibited Signs
Permits
152.01 PURPOSE. The purpose of this chapter is to provide that all signs and sign
structures are constructed to protect the safety and development of the City.
152.02 DEFINITIONS. For use in this chapter, unless the context specifically indicates
otherwise, the following terms are defined:
1.
“Animated Sign” means a sign using actual motion or the illusion of motion.
2.
“Awning” means a projection from and supported by the exterior wall of a
building and composed of a covering of rigid or non-rigid material placed upon
supporting framework.
3.
“Billboard” means a sign erected, maintained or used for the purpose of
displaying commercial or noncommercial messages not specific to the use of the
property on which it is placed.
4.
“Canopy” means any of the following:
A.
Attached. An overhead structure or projection supported by the
exterior wall of a building and columns at additional points.
B.
Free-Standing. An overhead structure supported by columns on all
sides and free from buildings.
5.
“Canopy Sign” means a sign placed on a canopy.
6.
“Changeable Sign” means a sign in which the message or content can be
changed by means of manual or remote input.
7.
“Free-Standing Sign” means a sign supported by a structure or structures
affixed to the ground and not supported by a building. Acceptable means of support
shall include columns or posts. This type of sign may also be referred to as “ground”,
“pole” or “monument” sign.
8.
“Political Sign” means a sign, temporary in nature, intended to promote an
election or candidate.
9.
“Portable Sign” means a sign not permanently attached to a building or the
ground. Portable signs shall be considered temporary.
10.
“Projecting Sign” means a sign that is attached to and extends more than 18
inches from the exterior wall of a building or structure.
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SIGNS
11.
“Roof Sign” means a sign that is mounted and supported by the roof of a
building.
12.
“Sign” means a device visible from a public or private place that displays
either commercial or noncommercial messages.
13.
“Temporary Sign” means a sign displaying commercial or noncommercial
messages of a temporary nature not permanently attached to a building, a structure or
the ground. Temporary signs shall include portable signs.
14.
“Wall Sign” means a sign that is attached to and extends no more than 18
inches from the exterior wall of a building or structure.
152.03 SIGNS ALLOWED IN ALL DISTRICTS. The following signs are allowed in all
districts:
1.
Temporary signs not exceeding twelve (12) square feet in area advertising the
sale or lease of real estate when located upon property to which the sign refers and
when not located closer than ten (10) feet to a lot line, which shall be removed upon
sale or lease of the property.
2.
Temporary free-standing signs advertising future use or development of
property on which such signs are located may be maintained subject to the provisions
of this section provided such signs do not exceed thirty (30) square feet in area or
remain longer than six (6) months. “For Rent” and “For Lease” signs in commercial
and industrial districts for new buildings shall not exceed forty-eight (48) square feet
or remain more than ninety (90) days after the building is completed.
3.
Church or public building bulletin boards not exceeding twenty-four (24)
square feet in area.
4.
Traffic and public signs.
5.
Political signs, on private property, not exceeding six (6) square feet in area.
Such signs for election candidates or ballot propositions shall be displayed only for a
period of sixty (60) days preceding the election and shall be removed ten (10) days
after the election, provided that signs promoting successful candidates or ballot
propositions in a primary election may remain displayed until not more than ten (10)
days after the general election. Such signs shall not be placed in any public right-ofway.
152.04 SIGNS IN BUSINESS AND INDUSTRIAL DISTRICTS. In the business and
industrial districts, there may be roof signs, wall signs, projecting signs, free-standing signs,
canopy signs and awning signs when displaying no advertising matter except pertaining to the
business conducted in the building or on the premises on which any such sign is placed. The
total square foot area of roof signs, wall signs, projecting signs, canopy signs and awning
signs shall not exceed one-fifth (1/5) of the total square foot area of the face of the building
on which they are placed. There shall not be more than one free-standing sign for each one
hundred (100) feet of street frontage. For the purpose of this section, “pertaining to the
business conducted in the building or on the premises on which any such sign is placed”
refers to advertising matter pertaining to significant business or industrial operations being
conducted in the building or on the premises in question (other than mere advertising). The
Zoning Board of Adjustment may, on appeal from a decision of the Building Official, vary the
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SIGNS
requirements of this subsection in instances where strict enforcement of this subsection would
cause undue hardship due to unique circumstances. However, any variances from the
provisions of this section shall be granted only when it is demonstrated that such action will
be in keeping with the spirit and intent of the provisions of the Zoning Ordinances.
152.05
WALL SIGNS.
1.
No wall sign shall extend beyond the building more than eighteen (18)
inches.
2.
No wall sign shall be so erected as to cover the doors or windows of any
building or otherwise prevent free ingress or egress to or from any window, door or
any fire escape of any building.
152.06
PROJECTING SIGNS.
1.
No projecting sign may extend more than four feet, six inches (4' 6") from a
building or structure.
2.
Projecting signs must have a minimum height of ten (10) feet from grade
level to the bottom of the sign.
152.07 FREE-STANDING SIGNS. No free-standing sign shall extend downward nearer
than ten (10) feet to ground or pavement. The maximum total area for all free-standing signs
on the premises shall be based on street frontage as follows:
1.
0 to 80 foot frontage — 2.0 square feet per foot of frontage;
2.
For the next 80 to 160 foot frontage — 1.5 square feet per foot of frontage;
3.
For the next 160 to 240 foot frontage — 1.0 square foot per foot of frontage;
4.
For all over 240 foot frontage — 0.5 square foot per foot of frontage;
5.
No free-standing sign shall exceed 400 square feet total, all faces.
152.08 CANOPY SIGNS. A sign may be placed upon a canopy provided such sign does
not extend more than three (3) feet above or one foot below such canopy.
152.09 PORTABLE SIGNS. Portable signs may only be allowed in business and
industrial districts under the following conditions:
1.
One portable sign will be allowed at each service station restricted solely to
stating the price of gasoline. Said sign cannot exceed three (3) feet in length
(horizontally) or be over five (5) feet high.
2.
Portable signs shall not have any lights attached to them or shining on them,
although they may have a constant light or lights inside of the sign for illumination.
3.
Portable signs shall not be placed on public right-of-way and shall not be
placed in such a location as they are hazardous to traffic as determined by the Police
Chief.
4.
One portable sign will be allowed at all other locations and will be considered
temporary in nature and with the issuance of a temporary sign permit.
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SIGNS
152.10 PAPER POSTERS. Paper posters applied directly to the wall or building or pole
or other support and letters or pictures in the form of advertising, printed or applied directly
on the wall of a building are prohibited. Temporary signs may be displayed in or attached to
the inside of show or display windows provided the total sign area does not exceed twenty
percent (20%) of the show or display window area.
152.11 BILLBOARDS. All new billboards are prohibited except those specifically
designated by the City Council, when and after the Council has determined it is in the best
interests of the City to allow said billboards. The Council shall conduct a public hearing on
the placement and location of said billboards.
152.12 PROHIBITED SIGNS. Any sign, including animated signs and changeable signs,
due to blinking, flashing, color, location, or design that resembles or conflicts with traffic
control signs, devices or emergency vehicles shall be prohibited.
152.13 PERMITS. It is unlawful for any person to place or erect a sign without a valid
permit issued by the Code Enforcement Officer. Permits issued for temporary signs are valid
for thirty (30) consecutive days in any three (3) month period, and not more than ninety (90)
days in any calendar year.
(Ch. 152 – Ord. 885 –Aug. 11 Supp.)
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WIRELESS TELECOMMUNICATIONS
FACILITIES SITING
154.01
154.02
154.03
154.04
154.05
154.06
154.07
154.08
154.09
154.10
154.11
154.12
154.13
154.14
154.15
154.16
Purpose and Legislative Intent
Title
Severability
Definitions
Overall Policy and Desired Goals for Special Use
Permits for Wireless Telecommunications
Facilities
Exceptions from a Special Use Permit for
Wireless Telecommunications Facilities
Exclusions
Special Use Permit Application and Other
Requirements
Location of Wireless Telecommunications
Facilities
Shared Use of Wireless Telecommunications
Facilities and Other Structures
Placement of Wireless Telecommunications
Facility on City-Owned Property
Height of Telecommunications Tower(s)
Visibility of Wireless Telecommunications
Facilities
Security of Wireless Telecommunications Facilities
Signage
Lot Size and Setbacks
154.17 Retention of Expert Assistance and
Reimbursement by Applicant
154.18 Public Hearing and Notification Requirements
154.19 Action on an Application for a Special Use Permit
for Wireless Telecommunications Facilities
154.20 Extent and Parameters of Special Use Permit for
Wireless Telecommunications Facilities
154.21 Application Fee
154.22 Performance Security
154.23 Reservation of Authority to Inspect Wireless
Telecommunications Facilities
154.24 Liability Insurance
154.25 Indemnification
154.26 Fines
154.27 Default and/or Revocation
154.28 Removal of Wireless Telecommunications Facilities
154.29 Relief
154.30 Periodic Regulatory Review by City
154.31 Adherence to State and/or Federal Rules and
Regulations
154.32 Home Rule
154.33 Conflict with Other Laws
154.34 Effective Date
154.35 Authority
154.01 PURPOSE AND LEGISLATIVE INTENT. The Telecommunications Act of
1996 affirmed the City of Le Mars, Iowa’s authority concerning the placement, construction
and modification of Wireless Telecommunications Facilities. The City of Le Mars, Iowa finds
that Wireless Telecommunications Facilities may pose significant concerns to the health,
safety, public welfare, character and environment of the City and its inhabitants. The City
also recognizes that facilitating the development of wireless service technology can be an
economic development asset to the City and of significant benefit to the City and its residents.
In order to insure that the placement, construction or modification of Wireless
Telecommunications Facilities is consistent with the City’s land use policies, the City is
adopting a single, comprehensive, Wireless Telecommunications Facilities application and
permit process. The intent of this Local Ordinance is to minimize impact of Wireless
Telecommunications Facilities, establish a fair and efficient process for review and approval
of applications, assure an integrated, comprehensive review of environmental impacts of such
facilities, and establish fair leases and protect the health, safety and welfare of the City of Le
Mars, Iowa.
154.02 TITLE. This chapter shall be known and cited as the Wireless Telecommunications
Facilities Siting Ordinance for the City of Le Mars, Iowa.
154.03
SEVERABILITY.
1.
If any word, phrase, sentence, part, section, subsection, or other portion of
this chapter or any application thereof to any person or circumstance is declared void,
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FACILITIES SITING
unconstitutional, or invalid for any reason, then such word, phrase, sentence, part,
section, subsection, or other portion, or the proscribed Application thereof, shall be
severable, and the remaining provisions of this chapter, and all applications thereof,
not having been declared void, unconstitutional, or invalid, shall remain in full force
and effect.
2.
Any Special Use Permit issued under this chapter shall be comprehensive and
not severable. If part of a permit is deemed or ruled to be invalid or unenforceable in
any material respect, by a competent authority, or is overturned by a competent
authority, the Permit shall be void in total, upon determination by the City.
154.04 DEFINITIONS. For purposes of this chapter, and where not inconsistent with the
context of a particular section, the defined terms, phrases, words, abbreviations, and their
derivations shall have the meaning given in this section. When not inconsistent with the
context, words in the present tense include the future tense, words used in the plural number
include words in the singular number and words in the singular number include the plural
number. The word “shall” is always mandatory, and not merely directory.
1.
“Accessory Facility or Structure” means an accessory facility or structure
serving or being used in conjunction with Wireless Telecommunications Facilities,
and located on the same property or lot as the Wireless Telecommunications
Facilities, including but not limited to, utility or transmission equipment storage sheds
or cabinets.
2.
“Applicant” means any Wireless service provider submitting an Application
for a Special Use Permit for Wireless Telecommunications Facilities.
3.
“Application” means all necessary and appropriate documentation that an
Applicant submits in order to receive a Special Use Permit for Wireless
Telecommunications Facilities.
4.
“Antenna” means a system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
5.
“Co-location” means the use of an existing Tower or structure to support
Antennae for the provision of wireless services. A replacement tower that is
constructed on the same site as an existing tower will be considered a co-location as
long as the new tower is no taller than the old tower and that the old tower is removed
in a reasonable short time frame after the new tower is constructed.
6.
“Commercial Impracticability” or “Commercially Impracticable” means
the inability to perform an act on terms that are reasonable in commerce; the cause or
occurrence of which could not have been reasonably anticipated or foreseen and that
jeopardizes the financial efficacy of the project. The inability to achieve a
satisfactory financial return on investment or profit, standing alone, shall not deem a
situation to be “commercial impracticable” and shall not render an act or the terms of
an agreement “commercially impracticable”.
7.
“Completed Application” means an Application that contains all
information and/or data necessary to enable an informed decision to be made with
respect to an Application.
8.
“Council” means the City Council of the City of Le Mars, Iowa.
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FACILITIES SITING
9.
“FAA” means the Federal Aviation Administration, or its duly designated
and authorized successor agency.
10.
“FCC” means the Federal Communications Commission, or its duly
designated and authorized successor agency.
11.
“Height” means, when referring to a Tower or structure, the distance
measured from the pre-existing grade level to the highest point on the Tower or
structure, even if said highest point is an Antenna or lightening protection device.
12.
“Modification” or “Modify” means, the addition, removal or change of any
of the physical and visually discernable components or aspects of a wireless facility,
such as antennas, cabling, equipment shelters, landscaping, fencing, utility feeds,
changing the color or materials of any visually discernable components, vehicular
access, parking and/or an upgrade or change out of equipment for better or more
modern equipment. Adding a new wireless carrier or service provider to a
Telecommunications Tower or Telecommunications Site as a co-location is a
modification. A Modification shall not include the replacement of any components of
a wireless facility where the replacement is identical to the component being replaced
or for any matters that involve the normal repair and maintenance of a wireless
facility without adding, removing or changing anything.
13.
“NIER” means Non-Ionizing Electromagnetic Radiation
14.
“Person” means any individual, corporation, estate, trust, partnership, joint
stock company, association of two (2) or more persons having a joint common
interest, or any other entity.
15.
“Personal
Wireless
Telecommunications Facilities’
Facility”
See
definition
for
‘Wireless
16.
“Personal
Wireless
Services”
or
“PWS”
or
“Personal
Telecommunications Service” or “PCS” shall have the same meaning as defined
and used in the 1996 Telecommunications Act.
17.
“Repairs and Maintenance” means the replacement of any components of a
wireless facility where the replacement is identical to the component being replaced
or for any matters that involve the normal repair and maintenance of a wireless
facility without the addition, removal or change of any of the physical or visually
discernable components or aspects of a wireless facility that will add to the visible
appearance of the facility as originally permitted.
18.
“Special Use Permit” means the official document or permit by which an
Applicant is allowed to file for a building permit to construct and use Wireless
Telecommunications Facilities as granted or issued by the City.
19.
“Stealth” or “Stealth Technology” means to minimize adverse aesthetic
and visual impacts on the land, property, buildings, and other facilities adjacent to,
surrounding, and in generally the same area as the requested location of such
Wireless Telecommunications Facilities, which shall mean using the least visually
and physically intrusive facility that is not technologically or commercially
impracticable under the facts and circumstances,
20.
“State” means the State of Iowa.
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21.
“Telecommunications” means the transmission and/or reception of audio,
video, data, and other information by wire, radio frequency, light, and other electronic
or electromagnetic systems
22.
“Telecommunication Site” See definition for Wireless Telecommunications
Facilities
23.
“Telecommunications Structure” means a structure used in the provision of
services described in the definition of ‘Wireless Telecommunications Facilities’
24.
“Temporary” means, temporary in relation to all aspects and components of
this chapter, something intended to, or that does not exist for more than ninety (90)
days.
25.
“Tower” means any structure designed primarily to support an antenna for
receiving and/or transmitting a wireless signal.
26.
“Wireless Telecommunications Facilities” means and includes a
“Telecommunications Site” and “Personal Wireless Facility”. It means a
structure, facility or location designed, or intended to be used as, or used to support
Antennas or other transmitting or receiving devices. This includes without limit,
Towers of all types and kinds and structures, including, but not limited to buildings,
church steeples, silos, water towers, signs or other structures that can be used as a
support structure for Antennas or the functional equivalent of such. It further
includes all related facilities and equipment such as cabling, equipment shelters and
other structures associated with the site. It is a structure and facility intended for
transmitting and/or receiving radio, television, cellular, SMR, paging, 911, Personal
Communications Services (PCS), commercial satellite services, microwave services
and any commercial wireless telecommunication service not licensed by the FCC.
154.05 OVERALL POLICY AND DESIRED GOALS FOR SPECIAL USE PERMITS
FOR WIRELESS TELECOMMUNICATIONS FACILITIES. In order to ensure that the
placement, construction, and modification of Wireless Telecommunications Facilities protects
the City’s health, safety, public welfare, environmental features, the nature and character of
the community and neighborhood and other aspects of the quality of life specifically listed
elsewhere in this chapter, the City hereby adopts an overall policy with respect to a Special
Use Permit for Wireless Telecommunications Facilities for the express purpose of achieving
the following goals:
1.
Requiring a Special Use Permit for any new, co-location or modification of a
Wireless Telecommunications Facility.
2.
Implementing an Application process for person(s) seeking a Special Use
Permit for Wireless Telecommunications Facilities;
3.
Establishing a policy for examining an application for and issuing a Special
Use Permit for Wireless Telecommunications Facilities that is both fair and
consistent.
4.
Promoting and encouraging, wherever possible, the sharing and/or colocation of Wireless Telecommunications Facilities among service providers.
5.
Promoting and encouraging, wherever possible, the placement, height and
quantity of Wireless Telecommunications Facilities in such a manner, including but
not limited to the use of stealth technology, to minimize adverse aesthetic and visual
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impacts on the land, property, buildings, and other facilities adjacent to, surrounding,
and in generally the same area as the requested location of such Wireless
Telecommunications Facilities, which shall mean using the least visually and
physically intrusive facility that is not technologically or commercially impracticable
under the facts and circumstances.
6.
That in granting a Special Use Permit, the City has found that the facility
shall be the most appropriate site as regards being the least visually intrusive among
those available in the City.
154.06 EXCEPTIONS FROM A SPECIAL USE PERMIT FOR WIRELESS
TELECOMMUNICATIONS FACILITIES.
1.
Except as otherwise provided by this chapter no Person shall be permitted to
site, place, build, construct, modify or prepare any site for the placement or use of,
Wireless Telecommunications Facilities as of the effective date of this chapter
without having first obtained a Special Use Permit for Wireless Telecommunications
Facilities. Notwithstanding anything to the contrary in this chapter, no Special Use
Permit shall be required for those non-commercial exceptions noted in Chapter
154.07.
2.
All legally permitted Wireless Telecommunications Facilities, constructed as
permitted, existing on or before the effective date of this chapter shall be allowed to
continue as they presently exist, provided however, that any visible modification of
an existing Wireless Telecommunications Facility will require the complete facility
and any new installation to comply with this chapter.
3.
Any Repair and Maintenance of a Wireless Facility does not require an
Application for a Special Use Permit.
154.07
EXCLUSIONS. The following shall be exempt from this chapter:
1.
The City’s fire, police, department of transportation or other public service
facilities owned and operated by the City.
2.
Any facilities expressly exempt from the City’s siting, building and
permitting authority.
3.
Over-the-Air reception Devices including the reception antennas for direct
broadcast satellites (DBS), multichannel multipoint distribution (wireless cable)
providers (MMDS), television broadcast stations (TVBS) and other customer-end
antennas that receive and transmit fixed wireless signals that are primarily used for
reception.
4.
Facilities exclusively for private, non-commercial radio and television
reception and private citizen’s bands, licensed amateur radio and other similar noncommercial Telecommunications.
5.
Facilities exclusively for providing unlicensed spread spectrum technologies
(such as IEEE 802.11a, b, g (Wi-Fi) and Bluetooth) where the facility does not
require a new tower.
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154.08 SPECIAL USE PERMIT APPLICATION AND OTHER REQUIREMENTS.
1.
All Applicants for a Special Use Permit for Wireless Telecommunications
Facilities or any modification of such facility shall comply with the requirements set
forth in this chapter. The City Council is the officially designated agency or body of
the City to whom applications for a Special Use Permit for Wireless
Telecommunications Facilities must be made, and that is authorized to review,
analyze, evaluate and make decisions with respect to granting or not granting or
revoking Special Use Permits for Wireless Telecommunications Facilities. The City
may at its discretion delegate or designate other official agencies or officials of the
City to accept, review, analyze, evaluate and make recommendations to the City
Council with respect to the granting or not granting or revoking Special Use Permits
for Wireless Telecommunications Facilities.
2.
The City may reject applications not meeting the requirements stated herein
or which are otherwise incomplete.
3.
No Wireless Telecommunications Facilities shall be installed, constructed or
modified until the Application is reviewed and approved by the City, and the Special
Use Permit has been issued.
4.
Any and all representations made by the Applicant to the City on the record
during the Application process, whether written or verbal, shall be deemed a part of
the Application and may be relied upon in good faith by the City.
5.
An Application for a Special Use Permit for Wireless Telecommunications
Facilities shall be signed on behalf of the Applicant by the person preparing the same
and with knowledge of the contents and representations made therein and attesting to
the truth and completeness of the information.
6.
The Applicant must provide documentation to verify it has the right to
proceed as proposed on the Site. This would require an executed copy of the lease
with the landowner or landlord or a signed letter acknowledging authorization. If the
applicant owns the site, a copy of the ownership record is required.
7.
The Applicant shall include a statement in writing:
A.
That the applicant’s proposed Wireless Telecommunications
Facilities shall be maintained in a safe manner, and in compliance with all
conditions of the Special Use Permit, without exception, unless specifically
granted relief by the City in writing, as well as all applicable and permissible
local codes, ordinances, and regulations, including any and all applicable
City, State and Federal Laws, rules, and regulations;
B.
That the construction of the Wireless Telecommunications Facilities
is legally permissible, including, but not limited to the fact that the Applicant
is authorized to do business in the State.
8.
Where a certification is called for in this chapter, such certification shall bear
the signature and seal of a Registered Professional licensed in the State.
9.
In addition to all other required information as stated in this chapter, all
applications for the construction or installation of new Wireless Telecommunications
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Facilities or modification of an existing facility shall contain the information
hereinafter set forth.
A.
A descriptive statement of the objective(s) for the new facility or
modification including and expanding on a need such as coverage and/or
capacity requirements;
B.
Documentation that demonstrates and proves the need for the
Wireless Telecommunications Facility to provide service primarily and
essentially within the City. Such documentation shall include propagation
studies of the proposed site and all adjoining planned, proposed, in-service or
existing sites that demonstrate a significant gap in coverage and/or if a
capacity need, including an analysis of current and projected usage;
C.
The name, address and phone number of the person preparing the
report;
D.
The name, address, and phone number of the property owner and
Applicant, and to include the legal name of the Applicant. If the site is a
tower and the owner is different that the applicant, provide name and address
of the tower owner;
E.
The postal address and tax map parcel number of the property;
F.
The Zoning District or designation in which the property is situated;
G.
Size of the property stated both in square feet and lot line
dimensions, and a survey showing the location of all lot lines;
H.
The location of nearest residential structure;
I.
The location, size and height of all existing and proposed structures
on the property which is the subject of the Application;
J.
The type, locations and dimensions of all proposed and existing
landscaping, and fencing;
K.
The azimuth, size and center-line height location of all proposed and
existing antennae on the supporting structure;
L.
The number, type and model of the Antenna(s) proposed with a copy
of the specification sheet;
M.
The make, model, type and manufacturer of the Tower and design
plan stating the Tower’s capacity to accommodate multiple users;
N.
A site plan describing the proposed Tower and Antenna(s) and all
related fixtures, structures, appurtenances and apparatus, including height
above pre-existing grade, materials, color and lighting;
O.
The frequency, modulation and class of service of radio or other
transmitting equipment;
P.
The actual intended transmission power stated as the maximum
effective radiated power (ERP) in watts;
Q.
Signed documentation such as the “Checklist to Determine Whether
a Facility is Categorically Excluded” to verify that the Wireless
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Telecommunication Facility with the proposed installation will be in full
compliance with the current FCC RF Emissions guidelines (NIER). If not
categorically excluded, a complete RF Emissions study is required to provide
verification;
R.
A signed statement that the proposed installation will not cause
physical or RF interference with other telecommunications devices;
S.
A copy of the FCC license applicable for the intended use of the
Wireless Telecommunications Facilities;
T.
A copy of the geotechnical sub-surface soils investigation, evaluation
report and foundation recommendation for a proposed or existing Tower site
and if existing Tower or water tank site, a copy of the installed foundation
design.
10.
The applicant will provide a written copy of an analysis, completed by a
qualified individual or organization, to determine if the proposed new Tower or
existing structure intended to support wireless facilities is in compliance with Federal
Aviation Administration Regulation Part 77 and if it requires lighting. This
requirement shall also be for any existing structure or building where the application
increases the height of the structure or building. If this analysis determines, that an
FAA determination is required, then all filings with the FAA, all responses from the
FAA and any related correspondence shall be provided with the application.
11.
Application for New Tower.
A.
In the case of a new Tower, the Applicant shall be required to submit
a written report demonstrating its meaningful efforts to secure shared use of
existing Tower(s) or the use of alternative buildings or other structures within
the City. Copies of written requests and responses for shared use shall be
provided to the City in the Application, along with any letters of rejection
stating the reason for rejection.
B.
In order to better inform the public, in the case of a new
Telecommunication Tower, the Applicant shall, prior to the public hearing
on the application, hold a “balloon test”. The Applicant shall arrange to fly,
or raise upon a temporary mast, a minimum of a three (3) foot in diameter
brightly colored balloon at the maximum height of the proposed new Tower.
The dates, (including a second date, in case of poor visibility on the initial
date) times and location of this balloon test shall be advertised by the
Applicant seven (7) and fourteen (14) days in advance of the first test date in
a newspaper with a general circulation in the City. The Applicant shall
inform the City, in writing, of the dates and times of the test, at least fourteen
(14) days in advance. The balloon shall be flown for at least four
consecutive hours sometime between 7:00 am and 4:00 pm on the dates
chosen. The primary date shall be on a weekend, but in case of poor weather
on the initial date, the secondary date may be on a weekday. A report with
pictures from various locations of the balloon shall be provided with the
Application.
C.
The Applicant shall examine the feasibility of designing the proposed
Tower to accommodate future demand for at least four (4) additional
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commercial applications, for example, future co-locations. The Tower shall
be structurally designed to accommodate at least four (4) additional Antenna
Arrays equal to those of the Applicant, and located as close to the
Applicant’s Antenna as possible without causing interference. This
requirement may be waived, provided that the Applicant, in writing,
demonstrates that the provisions of future shared usage of the Tower is not
technologically feasible, is Commercially Impracticable or creates an
unnecessary and unreasonable burden, based upon:
(1) The foreseeable number of FCC licenses available for the area;
(2) The kind of Wireless Telecommunications Facilities site and
structure proposed;
(3) The number of existing and potential licenses without Wireless
Telecommunications Facilities spaces/sites;
(4) Available space on existing and approved Towers.
D.
The owner of a proposed new Tower, and his/her successors in
interest, shall negotiate in good faith for the shared use of the proposed
Tower by other Wireless service providers in the future, and shall:
(1) Respond within 60 days to a request for information from a
potential shared-use Applicant;
(2) Negotiate in good faith concerning future requests for shared use
of the new Tower by other Telecommunications providers;
(3) Allow shared use of the new Tower if another
Telecommunications provider agrees in writing to pay reasonable
charges. The charges may include, but are not limited to, a pro rata
share of the cost of site selection, planning, project administration,
land costs, site design, construction and maintenance financing,
return on equity, less depreciation, and all of the costs of adapting the
Tower or equipment to accommodate a shared user without causing
electromagnetic interference;
(4) Failure to abide by the conditions outlined above may be grounds
for revocation of the Special Use Permit.
12.
The Applicant shall provide certification with documentation (structural
analysis) including calculations that the Telecommunication Facility Tower and
foundation and attachments, rooftop support structure, water tank structure, and any
other supporting structure as proposed to be utilized are designed and will be
constructed to meet all local, City, State and Federal structural requirements for
loads, including wind and ice loads.
13.
If proposal is for a co-location or modification on an existing Tower, the
applicant is to provide signed documentation of the Tower condition such as an ANSI
report as per Annex E, Tower Maintenance and Inspection Procedures,
ANSI/TIA/EIA-222F or most recent version. The inspection report must be
performed every three (3) years for a guyed tower and five (5) years for monopoles
and self-supporting towers.
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14.
All proposed Wireless Telecommunications Facilities shall contain a
demonstration that the Facility will be sited so as to minimize visual intrusion as
much as possible, given the facts and circumstances involved and will thereby have
the least adverse visual effect on the environment and its character and on the
residences in the area of the Wireless Telecommunications Facility.
15.
If a new Tower, proposal for a new Antenna attachment to an existing
structure, or modification adding to a visual impact, the Applicant shall furnish a
Visual Impact Assessment, which shall include:
A.
If a new Tower or increasing the height of an existing structure is
proposed, a computer generated “Zone of Visibility Map” at a minimum of
one mile radius from the proposed structure, with and without foliage shall
be provided to illustrate locations from which the proposed installation may
be seen.
B.
Pictorial representations of “before and after” (photo simulations)
views from key viewpoints both inside and outside of the City as may be
appropriate, including but not limited to State highways and other major
roads; State and local parks; other public lands; historic districts; preserves
and historic sites normally open to the public; and from any other location
where the site is visible to a large number of visitors, travelers or residents.
Guidance will be provided, concerning the appropriate key sites at the preapplication meeting. Provide a map showing the locations of where the
pictures were taken and distance from the proposed structure.
C.
A written description of the visual impact of the proposed facility
including; and as applicable the Tower base, guy wires, fencing and
accessory buildings from abutting and adjacent properties and streets as
relates to the need or appropriateness of screening.
16.
The Applicant shall demonstrate and provide in writing and/or by drawing
how it shall effectively screen from view the base and all related equipment and
structures of the proposed Wireless Telecommunications Facility
17.
The Wireless Telecommunications Facility and any and all accessory or
associated facilities shall maximize the use of building materials, colors and textures
designed to blend with the structure to which it may be affixed and/or to harmonize
with the natural surroundings, this shall include the utilization of stealth or
concealment technology as may be required by the City.
18.
All utilities at a Wireless Telecommunications Facilities site shall be installed
underground whenever possible and in compliance with all Laws, Ordinances, rules
and regulations of the City, including specifically, but not limited to, the National
Electrical Safety Code and the National Electrical Code where appropriate.
19.
At a Telecommunications Site, an access road, turn-around space and parking
shall be provided to assure adequate emergency and service access. Maximum use of
existing roads, whether public or private, shall be made to the extent practicable.
Road construction shall at all times minimize ground disturbance and the cutting of
vegetation. Road grades shall closely follow natural contours to assure minimal visual
disturbance and reduce soil erosion.
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20.
All Wireless Telecommunications Facilities shall be constructed, operated,
maintained, repaired, provided for removal of, modified or restored in strict
compliance with all current applicable technical, safety and safety-related codes
adopted by the City, State, or United States, including but not limited to the most
recent editions of the ANSI Code, National Electrical Safety Code and the National
Electrical Code, as well as accepted and responsible workmanlike industry practices
and recommended practices of the National Association of Tower Erectors. The
codes referred to are codes that include, but are not limited to, construction, building,
electrical, fire, safety, health, and land use codes. In the event of a conflict between
or among any of the preceding the more stringent shall apply.
21.
A holder of a Special Use Permit granted under this chapter shall obtain, at its
own expense, all permits and licenses required by applicable Law, rule, regulation or
code, and must maintain the same, in full force and effect, for as long as required by
the City or other governmental entity or agency having jurisdiction over the applicant.
22.
There shall be a pre-application meeting. The purpose of the pre-application
meeting will be to address issues that will help to expedite the review and permitting
process. A pre-application meeting shall also include a site visit if there has not been
a prior site visit for the requested site.
23.
An Applicant shall submit to the City the number of completed Applications
determined to be needed at the pre-application meeting. Written notification of the
Application shall be provided to the legislative body of all adjacent municipalities as
applicable and/or requested.
24.
The holder of a Special Use Permit shall notify the City of any intended
Modification of a Wireless Telecommunication Facility and shall apply to the City to
modify, relocate or rebuild a Wireless Telecommunications Facility.
25.
With respect to this application process, the Council will normally seek to
have lead agency status pursuant to SEQRA. The Council shall conduct an
environmental review of the proposed project pursuant to SEQRA in combination
with its review of the Application.
154.09
LOCATION OF WIRELESS TELECOMMUNICATIONS FACILITIES.
1.
Applicants for Wireless Telecommunications Facilities shall locate, site and
erect said Wireless Telecommunications Facilities in accordance with the following
priorities, one (1) being the highest priority and seven (7) being the lowest priority.
1)
On existing Towers or other structures on city owned properties
2)
On existing Towers or other structures on other property in the City
3)
A new Tower on City-owned properties
4)
A new Tower on properties in areas zoned for Heavy Industrial use
5)
A new Tower on properties in areas zoned for Commercial use
6)
A new Tower on properties in areas zoned for Agricultural use
7)
A new Tower on properties in areas zoned for Residential use
2.
If the proposed site is not proposed for the highest priority listed above, then
a detailed explanation must be provided as to why a site of a higher priority was not
selected. The person seeking such an exception must satisfactorily demonstrate the
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reason or reasons why such a permit should be granted for the proposed site, and the
hardship that would be incurred by the Applicant if the permit were not granted for
the proposed site.
3.
An Applicant may not by-pass sites of higher priority by stating the site
proposed is the only site leased or selected. An Application shall address co-location
as an option. If such option is not proposed, the Applicant must explain to the
reasonable satisfaction of the City why co-location is Commercially or otherwise
Impracticable. Agreements between providers limiting or prohibiting co-location shall
not be a valid basis for any claim of Commercial Impracticability or hardship.
4.
Notwithstanding the above, the City may approve any site located within an
area in the above list of priorities, provided that the City finds that the proposed site is
in the best interest of the health, safety and welfare of the City and its inhabitants and
will not have a deleterious effect on the nature and character of the community and
neighborhood.
5.
The Applicant shall submit a written report demonstrating the Applicant’s
review of the above locations in order of priority, demonstrating the technological
reason for the site selection. If appropriate, based on selecting a site of lower priority,
a detailed written explanation as to why sites of a higher priority were not selected
shall be included with the Application.
6.
Notwithstanding that a potential site may be situated in an area of highest
priority or highest available priority, the City may disapprove an Application for any
of the following reasons.
A.
Conflict with safety and safety-related codes and requirements;
B.
Conflict with the historic nature or character of a neighborhood or
historical district;
C.
The use or construction of Wireless Telecommunications Facilities
which is contrary to an already stated purpose of a specific zoning or land use
designation;
D.
The placement and location of Wireless Telecommunications
Facilities which would create an unacceptable risk, or the reasonable
probability of such, to residents, the public, employees and agents of the
City, or employees of the service provider or other service providers;
E.
Conflicts with the provisions of this chapter.
154.10 SHARED USE OF WIRELESS TELECOMMUNICATIONS FACILITIES
AND OTHER STRUCTURES.
1.
The City, as opposed to the construction of a new Tower, shall prefer locating
on existing Towers or others structures without increasing the height. The Applicant
shall submit a comprehensive report inventorying existing Towers and other suitable
structures within two (2) miles of the location of any proposed new Tower, unless the
Applicant can show that some other distance is more reasonable and demonstrate
conclusively why an existing Tower or other suitable structure cannot be used.
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2.
An Applicant intending to locate on an existing Tower or other suitable
structure shall be required to document the intent of the existing owner to permit its
use by the Applicant.
3.
Such shared use shall consist only of the minimum Antenna Array
technologically required to provide service primarily and essentially within the City,
to the extent practicable, unless good cause is shown.
154.11 PLACEMENT OF WIRELESS TELECOMMUNICATIONS FACILITY ON
CITY-OWNED PROPERTY.
1.
To assure revenues from site leases of City-owned and -controlled land and
structures reflects fair compensation for use of City property and administration of
this section.
A.
No person or other entity shall use any public property without first
obtaining a lease from the City.
B.
No lease for the use of public property shall be granted without
requiring the lessee thereof to pay a reasonable and competitively neutral fee
for the use of that public property.
C.
No lease for the use of public property shall be granted for a term of
more than one year or as approved by the Council.
2.
Placement of Facilities and Related Lease Fees. The placement and
maintenance of communications antennas or towers on City-owned sites, such as
water towers and parks, will be allowed when the following additional requirements
are met.
A.
Water Tower or Reservoir Sites. The City’s water tower and
reservoir represent a large public investment in water pressure stabilization
and peak capacity reserves. Therefore, its protection is of prime importance.
As access to the City’s water storage system increases, so does the potential
for contamination of the public water supply. For these reasons, the
placement of communications towers or antennas on water towers or
reservoir sites will be allowed only when the following requirements are met:
(1) The applicant must have written approval from the Water
Superintendent each time access to the facility is desired. This will
minimize the risk of contamination to the water supply.
(2) There is sufficient room on the structure and/or the grounds to
accommodate the applicant’s facility.
(3) The presence of the facility will not increase the water tower or
reservoir maintenance cost to the City.
(4) The presence of the facility will not be harmful to the health or
safety of the workers maintaining the water tower or reservoir.
The fees assessed for placing facilities on a City water tower shall be as set
by resolution of the Council.
B.
Parks. The presence of certain communications antennas or towers
represents a potential conflict with the purpose of certain City-owned parks
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and recreational facilities. Towers shall be prohibited in designated
conservation areas. Communications antennas or towers will be considered
only in the following parks after the recommendation of the Parks and
Recreation Committee and approval of the Council.
(1) Public parks of a sufficient scale and character that are adjacent
to an existing commercial or industrial use.
(2) Commercial recreational areas and major ball fields.
(3) Park maintenance facilities.
The fees assessed for placing facilities on park property shall be as set by
resolution of the Council.
3.
Termination. The Council may terminate any lease if it is determined that
any one of the following conditions exist.
A.
A potential user with a higher priority cannot find another adequate
location and the potential use would be incompatible with the existing use.
B.
A user’s frequency broadcast unreasonably interferes with other users
of higher priority, regardless of whether or not this interference was
adequately predicted in the technical analysis.
C.
A user violates any of the standards in this chapter or the conditions
attached to the City’s lease agreement.
Before taking action, the City will provide notice to the user of the intended
termination and the reasons for it, and provide an opportunity for a hearing before the
Council regarding the proposed action. This procedure need not be followed in
emergency situations.
154.12 HEIGHT OF TELECOMMUNICATIONS TOWER(S).
1.
The Applicant shall submit documentation justifying the total height of any
Tower, Facility and/or Antenna requested and the basis therefor. Documentation in
the form of propagation studies must include all backup data used to perform at
requested height and a minimum of ten (10') feet lower height to allow verification of
this height need. Such documentation will be analyzed in the context of the
justification of the height needed to provide service primarily and essentially within
the City, to the extent practicable, unless good cause is shown.
2.
No Tower constructed after the effective date of this chapter, including
allowing for all attachments, shall exceed that height which shall permit operation
without required artificial lighting of any kind in accordance with City, State, and/or
any Federal statute, law, local law, City Ordinance, code, rule or regulation.
154.13 VISIBILITY OF WIRELESS TELECOMMUNICATIONS FACILITIES.
1.
Wireless Telecommunications Facilities shall not be artificially lighted or
marked, except as required by Law.
2.
Towers shall be galvanized and/or painted with a rust-preventive paint of an
appropriate color to harmonize with the surroundings and shall be maintained in
accordance with the requirements of this chapter.
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3.
If lighting is required, Applicant shall provide a plan for sufficient lighting of
as unobtrusive and inoffensive an effect as is permissible under State and Federal
regulations.
154.14 SECURITY OF WIRELESS TELECOMMUNICATIONS FACILITIES. All
Wireless Telecommunications Facilities and Antennas shall be located, fenced or otherwise
secured in a manner that prevents unauthorized access. Specifically:
1.
All Antennas, Towers and other supporting structures, including guy anchor
points and wires, shall be made inaccessible to individuals and constructed or
shielded in such a manner that they cannot be climbed or collided with; and
2.
Transmitters and Telecommunications control points shall be installed in
such a manner that they are readily accessible only to persons authorized to operate or
service them.
154.15 SIGNAGE. Wireless Telecommunications Facilities shall contain a sign no larger
than four (4) square feet in order to provide adequate notification to persons in the immediate
area of the presence of RF radiation or to control exposure to RF radiation within a given
area. A sign of the same size is also to be installed to contain the name(s) of the owner(s) and
operator(s) of the Antenna(s) as well as emergency phone number(s). The sign shall be on the
equipment shelter or cabinet of the Applicant and be visible from the access point of the site
and must identify the equipment owner of the shelter or cabinet. On tower sites, an FCC
registration site as applicable is also to be present. The signs shall not be lighted, unless
applicable law, rule or regulation requires lighting. No other signage, including advertising,
shall be permitted.
154.16 LOT SIZE AND SETBACKS. All proposed Towers and any other proposed
Wireless Telecommunications Facility structures shall be set back from abutting parcels,
recorded rights-of-way and road and street lines by the greater of the following distances: A
distance equal to the height of the proposed Tower or Wireless Telecommunications Facility
structure plus ten percent (10%) of the height of the Tower or structure, or the existing
setback requirement of the underlying Zoning District, whichever is greater. Any Accessory
structure shall be located so as to comply with the applicable minimum setback requirements
for the property on which it is situated.
154.17 RETENTION OF EXPERT ASSISTANCE AND REIMBURSEMENT BY
APPLICANT.
1.
The City may hire any consultant and/or expert necessary to assist the City in
reviewing and evaluating the Application, including the construction and
modification of the site, once permitted, and any site inspections.
2.
An Applicant shall deposit with the City funds sufficient to reimburse the
City for all reasonable costs of consultant and expert evaluation and consultation to
the City in connection with the review of any Application including where applicable,
the lease negotiation, the pre-approval evaluation, and the construction and
modification of the site, once permitted. The initial deposit shall be $8,500.00. The
placement of the $8,500.00 with the City shall precede the pre-application meeting.
The City will maintain a separate escrow account for all such funds. The City’s
consultants/experts shall invoice the City for its services related to the Application. If
at any time during the process this escrow account has a balance less than $2,500.00,
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the Applicant shall immediately, upon notification by the City, replenish said escrow
account so that it has a balance of at least $5,000.00. Such additional escrow funds
shall be deposited with the City before any further action or consideration is taken on
the Application. In the event that the amount held in escrow by the City is more than
the amount of the actual invoicing at the conclusion of the project, the remaining
balance shall, upon request of the Applicant, be promptly refunded to the Applicant.
3.
The total amount of the funds needed as set forth in subsection (2) of this
Section may vary with the scope (lease negotiations and/or review) and complexity of
the project, the completeness of the Application and other information as may be
needed to complete the necessary review, analysis and inspection of any construction
or modification.
154.18 PUBLIC HEARING AND NOTIFICATION REQUIREMENTS.
1.
Prior to the approval of any Application for a Special Use Permit for Wireless
Telecommunications Facilities, a Public Hearing shall be held by the City, notice of
which shall be published in the newspaper general circulation in of the City no less
than ten (10) calendar days prior to the scheduled date of the Public Hearing. In order
that the City may notify nearby landowners, the Application shall contain the names
and address of all landowners whose property is located within fifteen hundred
(1,500) feet of any property line of the lot or parcel on which the new Wireless
Telecommunications Facilities are proposed to be located.
2.
There shall be no Public Hearing required for an Application to co-locate on
an existing Tower or other structure or a modification at an existing site, as long as
there is no proposed increase in the height of the Tower or structure, including
attachments thereto.
3.
The City shall schedule the Public Hearing referred to in Subsection 1 of this
section once it finds the Application is complete, the City, at any stage prior to
issuing a Special Use Permit, may require such additional information as it deems
necessary.
154.19 ACTION ON AN APPLICATION FOR A SPECIAL USE PERMIT FOR
WIRELESS TELECOMMUNICATIONS FACILITIES.
1.
The City will undertake a review of an Application pursuant to this Article in
a timely fashion, consistent with its responsibilities, and shall act within a reasonable
period of time given the relative complexity of the Application and the circumstances,
with due regard for the public’s interest and need to be involved, and the Applicant’s
desire for a timely resolution.
2.
The City may refer any Application or part thereof to any advisory, other
committee or commission for a non-binding recommendation.
3.
After the Public Hearing and after formally considering the Application, the
City may approve, approve with conditions, or deny a Special Use Permit. Its decision
shall be in writing and shall be supported by substantial evidence contained in a
written record. The burden of proof for the granting of the Permit shall always be
upon the Applicant.
4.
If the City approves the Special Use Permit for Wireless Telecommunications
Facilities, then the Applicant shall be notified of such approval in writing within ten
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(10) calendar days of the City’s action, and the Special Use Permit shall be issued
within thirty (30) days after such approval. Except for necessary building permits,
and subsequent Certificates of Compliance, once a Special Use Permit has been
granted hereunder, no additional permits or approvals from the City, such as site plan
or zoning approvals, shall be required by the City for the Wireless
Telecommunications Facilities covered by the Special Use Permit.
5.
If the City denies the Special Use Permit for Wireless Telecommunications
Facilities, then the Applicant shall be notified of such denial in writing within ten
(10) calendar days of the City’s action.
154.20 EXTENT AND PARAMETERS OF SPECIAL USE PERMIT FOR
WIRELESS TELECOMMUNICATIONS FACILITIES. The extent and parameters of a
Special Use Permit for Wireless Telecommunications Facilities shall be as follows:
1.
Such Special Use Permit shall not be assigned, transferred or conveyed
without the express prior written notification to the City.
2.
Such Special Use Permit may, following a hearing upon due prior notice to
the Applicant, be revoked, canceled, or terminated for a violation of the conditions
and provisions of the Special Use Permit, or for a material violation of this chapter
after prior written notice to the holder of the Special Use Permit.
154.21 APPLICATION FEE. At the time that a Person submits an Application for a
Special Use Permit for a new Tower, such Person shall pay a non-refundable application fee
of $5,000.00 to the City. If the Application is for a Special Use Permit for co-locating on an
existing Tower or other suitable structure, where no increase in height of the Tower or
structure is required, the non-refundable fee shall be $2,500.00.
154.22 PERFORMANCE SECURITY. The Applicant and the owner of record of any
proposed Wireless Telecommunications Facilities property site shall, at its cost and expense,
be jointly required to execute and file with the City a bond, or other form of security
acceptable to the City as to type of security and the form and manner of execution, in an
amount of at least $75,000.00 for a Tower facility and $25,000 for a co-location on an
existing tower or other structure and with such sureties as are deemed sufficient by the City to
assure the faithful performance of the terms and conditions of this chapter and conditions of
any Special Use Permit issued pursuant to this chapter. The full amount of the bond or
security shall remain in full force and effect throughout the term of the Special Use Permit
and/or until any necessary site restoration is completed to restore the site to a condition
comparable to that, which existed prior to the issuance of the original Special Use Permit.
154.23 RESERVATION
OF
AUTHORITY
TO
INSPECT
WIRELESS
TELECOMMUNICATIONS FACILITIES. In order to verify that the holder of a Special
Use Permit for Wireless Telecommunications Facilities and any and all lessees, renters,
and/or licensees of Wireless Telecommunications Facilities, place and construct such
facilities, including Towers and Antennas, in accordance with all applicable technical, safety,
fire, building, and zoning codes, Laws, Ordinances and regulations and other applicable
requirements, the City may inspect all facets of said permit holder’s, renter’s, lessee’s or
licensee’s placement, construction, modification and maintenance of such facilities,
including, but not limited to, Towers, Antennas and buildings or other structures constructed
or located on the permitted site.
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154.24 LIABILITY INSURANCE.
1.
A holder of a Special Use Permit for Wireless Telecommunications Facilities
shall secure and at all times maintain public liability insurance for personal injuries,
death and property damage, and umbrella insurance coverage, for the duration of the
Special Use Permit in amounts as set forth below:
A.
Commercial General Liability covering personal injuries, death and
property damage: $1,000,000 per occurrence/$2,000,000 aggregate;
B.
Automobile Coverage: $1,000,000 per occurrence/$2,000,000 aggregate;
C.
Workers Compensation and Disability: Statutory amounts.
2.
For a Wireless Telecommunications Facility on City property, the
Commercial General Liability insurance policy shall specifically include the City and
its officers, Councils, employees, committee members, attorneys, agents and
consultants as additional insureds.
3.
The insurance policies shall be issued by an agent or representative of an
insurance company licensed to do business in the State and with a Best’s rating of at
least A.
4.
The insurance policies shall contain an endorsement obligating the insurance
company to furnish the City with at least thirty (30) days prior written notice in
advance of the cancellation of the insurance.
5.
Renewal or replacement policies or certificates shall be delivered to the City
at least fifteen (15) days before the expiration of the insurance that such policies are
to renew or replace.
6.
Before construction of a permitted Wireless Telecommunications Facilities is
initiated, but in no case later than fifteen (15) days after the granting of the Special
Use Permit, the holder of the Special Use Permit shall deliver to the City a copy of
each of the policies or certificates representing the insurance in the required amounts.
154.25 INDEMNIFICATION.
1.
Any application for Wireless Telecommunication Facilities that is proposed
for City property, pursuant to this chapter, shall contain a provision with respect to
indemnification. Such provision shall require the applicant, to the extent permitted by
the Law, to at all times defend, indemnify, protect, save, hold harmless, and exempt
the City, and its officers, Councils, employees, committee members, attorneys,
agents, and consultants from any and all penalties, damages, costs, or charges arising
out of any and all claims, suits, demands, causes of action, or award of damages,
whether compensatory or punitive, or expenses arising therefrom, either at law or in
equity, which might arise out of, or are caused by, the placement, construction,
erection, modification, location, products performance, use, operation, maintenance,
repair, installation, replacement, removal, or restoration of said Facility, excepting,
however, any portion of such claims, suits, demands, causes of action or award of
damages as may be attributable to the negligent or intentional acts or omissions of the
City, or its servants or agents. With respect to the penalties, damages or charges
referenced herein, reasonable attorneys’ fees, consultants’ fees, and expert witness
fees are included in those costs that are recoverable by the City.
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2.
Notwithstanding the requirements noted in subsection 1 of this section, an
indemnification provision will not be required in those instances where the City itself
applies for and secures a Special Use Permit for Wireless Telecommunications
Facilities.
154.26
FINES.
1.
In the event of a violation of this chapter or any Special Use Permit issued
pursuant to this chapter, the City may impose and collect, and the holder of the
Special Use Permit for Wireless Telecommunications Facilities shall pay to the City,
fines or penalties as set forth below.
2.
The holder of a Special Use Permits failure to comply with provisions of this
chapter shall constitute a violation of this chapter and shall subject the Applicant to
the code enforcement provisions and procedures as provided in Section 1.14 of the
City of Le Mars, Iowa Code of Ordinances and Chapter _______, _____ Statutes.
3.
Notwithstanding anything in this chapter, the holder of the Special Use
Permit for Wireless Telecommunications Facilities may not use the payment of fines,
liquidated damages or other penalties, to evade or avoid compliance with this chapter
or any section of this chapter. An attempt to do so shall subject the holder of the
Special Use Permit to termination and revocation of the Special Use Permit. The City
may also seek injunctive relief to prevent the continued violation of this chapter,
without limiting other remedies available to the City.
154.27 DEFAULT AND/OR REVOCATION. If a Wireless Telecommunications Facility
is repaired, rebuilt, placed, moved, re-located, modified or maintained in a way that is
inconsistent or not in compliance with the provisions of this chapter or of the Special Use
Permit, then the City shall notify the holder of the Special Use Permit in writing of such
violation. A Permit holder in violation may be considered in default and subject to fines as in
Section 154.26 and if a violation is not corrected to the satisfaction of the City in a reasonable
period of time the Special Use Permit is subject to revocation.
154.28
REMOVAL OF WIRELESS TELECOMMUNICATIONS FACILITIES.
1.
Under the following circumstances, the City may determine that the health,
safety, and welfare interests of the City warrant and require the removal of Wireless
A.
Wireless Telecommunications Facilities with a permit have been
abandoned (i.e. not used as Wireless Telecommunications Facilities) for a
period exceeding ninety consecutive (90) days or a total of one hundredeighty (180) days in any three hundred-sixty five (365) day period, except for
periods caused by force majeure or Acts of God, in which case, repair or
removal shall commence within 90 days;
B.
Permitted Wireless Telecommunications Facilities fall into such a
state of disrepair that it creates a health or safety hazard;
C.
Wireless Telecommunications Facilities have been located,
constructed, or modified without first obtaining, or in a manner not
authorized by, the required Special Use Permit, or any other necessary
authorization and the Special Permit may be revoked.
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2.
If the City makes such a determination as noted in subsection 1 of this
section, then the City shall notify the holder of the Special Use Permit for the
Wireless Telecommunications Facilities within forty-eight (48) hours that said
Wireless Telecommunications Facilities are to be removed, the City may approve an
interim temporary use agreement/permit, such as to enable the sale of the Wireless
3.
The holder of the Special Use Permit, or its successors or assigns, shall
dismantle and remove such Wireless Telecommunications Facilities, and all
associated structures and facilities, from the site and restore the site to as close to its
original condition as is possible, such restoration being limited only by physical or
Commercial Impracticability, within ninety (90) days of receipt of written notice from
the City. However, if the owner of the property upon which the Wireless
Telecommunications Facilities are located wishes to retain any access roadway to the
Wireless Telecommunications Facilities, the owner may do so with the approval of
the City.
4.
If Wireless Telecommunications Facilities are not removed or substantial
progress has not been made to remove the Wireless Telecommunications Facilities
within ninety (90) days after the Permit holder has received notice, then the City may
order officials or representatives of the City to remove the Wireless
Telecommunications Facilities at the sole expense of the owner or Special Use Permit
holder.
5.
If, the City removes, or causes to be removed, Wireless Telecommunications
Facilities, and the owner of the Wireless Telecommunications Facilities does not
claim and remove it from the site to a lawful location within ten (10) days, then the
City may take steps to declare the Wireless Telecommunications Facilities
abandoned, and sell them and their components.
6.
Notwithstanding anything in this section to the contrary, the City may
approve a temporary use permit/agreement for the Wireless Telecommunications
Facilities, for no more ninety (90) days, during which time a suitable plan for
removal, conversion, or re-location of the affected Wireless Telecommunications
Facilities shall be developed by the holder of the Special Use Permit, subject to the
approval of the City, and an agreement to such plan shall be executed by the holder of
the Special Use Permit and the City. If such a plan is not developed, approved and
executed within the ninety (90) day time period, then the City may take possession of
and dispose of the affected Wireless Telecommunications Facilities in the manner
provided in this section.
154.29 RELIEF. Any Applicant desiring relief, waiver or exemption from any aspect or
requirement of this chapter may request such, provided that the relief or exemption is
contained in the submitted Application for either a Special Use Permit, or in the case of an
existing or previously granted Special Use Permit a request for modification of its Tower
and/or facilities. Such relief may be temporary or permanent, partial or complete. However,
the burden of proving the need for the requested relief, waiver or exemption is solely on the
Applicant to prove. The Applicant shall bear all costs of the City in considering the request
and the relief, waiver or exemption. No such relief or exemption shall be approved unless
the Applicant demonstrates by clear and convincing evidence that, if granted the relief, waiver
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or exemption will have no significant affect on the health, safety and welfare of the City, its
residents and other service providers.
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154.30 PERIODIC REGULATORY REVIEW BY THE CITY.
1.
The City may at any time conduct a review and examination of this entire
chapter.
2.
If after such a periodic review and examination of this chapter, the City
determines that one or more provisions of this chapter should be amended, repealed,
revised, clarified, or deleted, then the City may take whatever measures are necessary
in accordance with applicable Law in order to accomplish the same. It is noted that
where warranted, and in the best interests of the City, the City may repeal this entire
chapter at any time.
3.
Notwithstanding the provisions of subsections 1 and 2 of this section, the
City may at any time and in any manner (to the extent permitted by Federal, State, or
local law), amend, add, repeal, and/or delete one or more provisions of this chapter.
154.31 ADHERENCE
REGULATIONS.
TO
STATE
AND/OR
FEDERAL
RULES
AND
1.
To the extent that the holder of a Special Use Permit for Wireless
Telecommunications Facilities has not received relief, or is otherwise exempt, from
appropriate State and/or Federal agency rules or regulations, then the holder of such a
Special Use Permit shall adhere to, and comply with, all applicable rules, regulations,
standards, and provisions of any State or Federal agency, including, but not limited
to, the FAA and the FCC. Specifically included in this requirement are any rules and
regulations regarding height, lighting, security, electrical and RF emission standards.
2.
To the extent that applicable rules, regulations, standards, and provisions of
any State or Federal agency, including but not limited to, the FAA and the FCC, and
specifically including any rules and regulations regarding height, lighting, and
security are changed and/or are modified during the duration of a Special Use Permit
for Wireless Telecommunications Facilities, then the holder of such a Special Use
Permit shall conform the permitted Wireless Telecommunications Facilities to the
applicable changed and/or modified rule, regulation, standard, or provision within a
maximum of twenty-four (24) months of the effective date of the applicable changed
and/or modified rule, regulation, standard, or provision, or sooner as may be required
by the issuing entity.
154.32 HOME RULE. This chapter is intended to be and shall be construed as consistent
with the reservation of local authority contained in the 25th Amendment to the Iowa
Constitution granting cities Home Rule powers. To such end, any limitation on the power of
the City contained herein is to be strictly construed and the City reserves to itself the right to
exercise all power and authority to regulate and control its local affairs and all ordinances and
regulations of the City shall be enforced against the holders of any lease.
154.33 CONFLICT WITH OTHER LAWS. Where this chapter differs or conflicts with
other Laws, rules and regulations, unless the right to do so is preempted or prohibited by the
City, State or Federal government, this chapter shall apply.
154.34 EFFECTIVE DATE. This chapter shall be effective immediately upon passage,
pursuant to applicable legal and procedural requirements.
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154.35 AUTHORITY. This local Ordinance No. 883, codified by this chapter, is enacted
pursuant to applicable authority granted by the State and Federal government.
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BUILDING AND CONSTRUCTION REGULATIONS
155.01 Purpose
155.02 Effect of Provisions on City and Individual
Liability
155.03 Enforcement
155.04 Right to Enter or Stop Work
155.05 Permit Fees; Building
155.06
155.07
155.08
155.09
155.10
155.11
Inspections Required in Case of Violation
Setting Fees for Additional Inspections
Inspection Certificates
Removal of Violations
Technical Codes Adopted by Reference
Minimum Width of Buildings and Structures
155.01 PURPOSE. The purpose of this chapter is to provide for safety, health and public
welfare through structural strength and stability, means of egress, adequate light and
ventilation and protection to life and property from fire and hazards incident to the design,
construction, alteration, removal or demolition of buildings and other structures; safe wiring
and electrical appliances; safe gas piping and appliances; safe heating devices; safe and
sanitary design, construction, installation, quality of materials, location, operation and
maintenance of plumbing, heating, ventilating, comfort cooling, refrigeration systems,
incinerators and other miscellaneous heat-producing appliances and other installations,
equipment and appliances regulated herein.
155.02 EFFECT OF PROVISIONS ON CITY AND INDIVIDUAL LIABILITY. The
inspection and control of buildings and repair work or the granting of certificates or the
issuance of permits by the Code Enforcement Officer or inspectors shall not tend to make the
City liable on account of such control or granting of such certificates or issuing of permits, or
lessen the liability which would otherwise exist of persons owning, installing, building or
repairing such buildings or other structures; electrical wires, apparatus, poles, conduits, etc.;
gas appliances or piping; plumbing, heating or mechanical installation, appliance or
equipment; or any other activity regulated herein.
155.03 ENFORCEMENT. It is the duty of the Code Enforcement Officer to enforce all of
the provisions of this chapter.
155.04 RIGHT TO ENTER OR STOP WORK. The Code Enforcement Officer and
inspectors shall have the right at any time to enter any building or premises in the City in the
performance of official duties and to order and compel the suspension of any work being done
in violation of the provisions of this chapter and to prohibit the use of any materials in
violation of this chapter. The Code Enforcement Officer and inspectors shall have the power
to stop any work where the same in any way is in violation of the provisions of this chapter or
in any way will affect the health, safety or welfare of the public. The Code Enforcement
Officer and inspectors shall have the power to cause the removal of all electrical wires or the
turning off of all electrical current where the circuits interfere with the work of the Fire
Department, and to cause the removal of all gas, sewer, water or mechanical pipes, fixtures,
equipment and appliances where the same interfere in any way with the health, safety or
welfare of the public.
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155.05 PERMIT FEE; BUILDING. Fees for permits for the construction of any building
or repair thereof shall be paid to the City as required under the International Building Code.
No permit fee will be charged for churches, schools, or charitable organizations.
155.06 INSPECTIONS REQUIRED IN CASE OF VIOLATION. Additional inspections
shall be required where there is reason to believe that construction, alterations or installations
are being made not in accordance with the regulations laid down in this chapter, or when written
objections are filed by any party interested or affected by said construction or alteration and the
Council finds objections are well taken, or when the Health Officer or Fire Chief requests the
Council to have an inspection made. The Council shall, in any of the above events when an
additional inspection is required, order the Code Enforcement Officer or inspector, as the case
may be, to make said inspection and report back such official’s or inspector’s findings to the
Council within two (2) days from the time said inspection is required.
155.07 SETTING FEES FOR ADDITIONAL INSPECTIONS. Whenever the Council
orders an inspection to be made under the provisions of Section 155.06, it shall assess a
reasonable fee adequate to cover the cost of the inspection.
155.08 INSPECTION CERTIFICATES. It is unlawful to use any altered, repaired or
newly constructed building, to turn on any electrical current, to use any gas appliance or
piping, to use any plumbing, or to do anything for which approval is required by this chapter,
without first securing a certificate from the Code Enforcement Officer of a satisfactory
inspection.
155.09 REMOVAL OF VIOLATIONS. Any person who erects any building, structure, or
addition thereto, or makes any installation or uses any equipment or appliance contrary to the
provisions of this chapter shall be given ten (10) days’ notice in writing by the Code
Enforcement Officer to remove the same, and if such removal is not completed within said
time, the Code Enforcement Officer shall cause the same to be done, and report the same to
the Clerk, and the costs of removal shall be charged to the person committing such violation.
The costs and expense may be collected by an action brought in the name of the City against
such party, or may be collected by a special assessment upon the real estate upon which such
violation occurs, all in the manner and form as provided for special assessments.
155.10 TECHNICAL CODES ADOPTED BY REFERENCE. For the purpose of
establishing rules and regulations for the construction, alteration, removal, demolition,
equipment, use and occupancy, location and maintenance of buildings and structures;
electrical wiring, equipment and appliances; gas piping, equipment and appliances, plumbing,
heating, ventilating, comfort cooling piping, equipment and appliances; minimum health and
safety standards in housing; and other matter regulated therein, the following codes, copies of
which are on file in the Clerk’s office, are hereby adopted by the City and incorporated herein
by reference, subject to all deletions, modifications, amendments and conflicting provisions
contained in this Code of Ordinances:
1.
International Building Code, 2009 Edition, published by the International
Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, VA 22041, is hereby
adopted by reference as the general requirements for building construction, with the
following amendments:
- Delete section 101.2 and insert in lieu thereof the following new section:
101.2 Scope. The provisions of this code shall apply to the construction, alteration,
movement, enlargement, replacement, repair, equipment, use and occupancy, location,
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maintenance, removal and demolition of every building or structure or any
appurtenances connected or attached to such buildings or structures.
Exception:
Detached one- and two-family dwellings and multiple single-family
dwellings (townhouses) not more than three stories above grade plane in height with a
separate means of egress and their accessory structures shall comply with the
International Residential Code, as amended.
- Delete section 101.4 and sections therein.
102.6 Existing Structures. The legal occupancy of any structure existing on the date of
adoption of this code shall be permitted to continue without change, except as
specifically covered in this code or the state fire code, or as deemed necessary by the
building code commissioner for the general safety and welfare of the occupants and
the public.
- Delete sections 103 and 105 and sections therein.
- Delete section 106 and sections therein.
- Delete section 113 and sections therein.
- Delete section 202 definitions for ‘Awning’, ‘Basement’, ‘Boarding House’,
‘Building’, ‘Building Line’, ‘Building Official’, ‘Canopy’, ‘Dwelling’,
‘Dwelling Unit’, ‘Height, Building’, ‘ Lot’, ‘Marquee’, ‘Person’, ‘Publicway’,
‘Story’, ‘Townhouse’, ‘Yard’.
906.1 Where required. Portable fire extinguishers shall be installed in the
following locations:
1. In new and existing Group A, B, E, F, H, I, M, R-1, R-2, R-4 and S
occupancies.
2. Within 30 feet of commercial cooking equipment.
3. In areas where flammable or combustible liquids are stored, used or
dispensed.
4. On each floor of structures under construction, except Group R-3
occupancies, in accordance with Section 1415.1 of the International
Fire Code.
5. Where required by the sections indicated in Table 906.1.
6. Special-hazard areas, including but not limited to laboratories,
computer rooms and generator rooms, where required by the fire
code official.
- Delete section 907.2.2 and insert in lieu thereof the following new section:
907.2.2 Group B. A manual fire alarm system shall be installed in Group B
Occupancies where one of the following conditions exists:
1. The combined Group B occupant load of all floors is 500 or more.
2. The Group B occupant load is more than 100 persons above or
below the lowest level of exit discharge.
3. The Group B fire area contains a Group B ambulatory health care
facility.
4. The Group B fire area contains an educational occupancy for
students above the twelfth grade with an occupant load of 50 or more
persons.
Exception: Manual fire alarm boxes are not required where the building is equipped
throughout with an automatic sprinkler system installed in accordance with Section
903.3.1.1 and the occupant notification appliances will activate throughout the
notification zones upon sprinkler water flow.
907.2.3 Group E. In the absence of a complete automatic sprinkler system, a complete
automatic detection system shall be installed throughout the entire Group E
occupancy. A Group E occupancy with a complete automatic sprinkler system shall
be provided with a fire alarm system with a minimum of corridor smoke detection, at a
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maximum spacing of 30 feet on center, and heat or smoke detection in any hazardous
or nonoccupied areas. When automatic sprinkler systems or smoke detectors are
installed, such systems or detectors shall be connected to the building fire alarm
system.
Exceptions:
1. Group E occupancies with an occupant load of less than 50.
2. Manual fire alarm boxes are not required in Group E occupancies
where all of the following apply:
2.1 Interior corridors are protected by smoke detectors with alarm
verification.
2.2 Auditoriums, cafeterias, gymnasiums and the like are protected by
heat detectors or other approved detection devices.
2.3 Shops and laboratories involving dusts or vapors are protected by
heat detectors or other approved detection devices.
2.4 Off-premises monitoring is provided.
2.5 The capability to activate the evacuation signal from a central point
is provided.
2.6 In buildings where normally occupied spaces are provided with a
two-way communication system between such spaces and a constantly
attended receiving station from which a general evacuation alarm can be
sounded, except in locations specifically designated by the fire code
official.
3. Manual fire alarm boxes shall not be required in Group E
occupancies where the building is equipped throughout with an
approved automatic sprinkler system, the notification appliances will
activate on sprinkler water flow and manual activation is provided
from a normally occupied location.
- Add the following new section 1003.8:
1003.8 Location of Preschool through Second Grade Students. In Group E
occupancies, rooms normally occupied by preschool, kindergarten or first grade
students shall not be located above or below the level of exit discharge.
Rooms normally occupied by second grade students shall not be located more than
one story above the level of exit discharge.
- Add the following new section 1100:
1100. Any building or facility which is in compliance with the applicable
requirements of 661 Iowa Administrative Code Chapter 302 shall be deemed to be in
compliance with any applicable requirements contained in the International Building
Code concerning accessibility for persons with disabilities.
- Delete chapter 29.
- Amend section 3001.2 by adding the following new unnumbered paragraph after the
introductory paragraph:
Notwithstanding the references in Chapter 35 to editions of national standards adopted
in this section, any editions of these standards adopted by the elevator safety board in
875 Iowa Administrative Code Chapter 72 are hereby adopted by reference. If a
standard is adopted by reference in this section and there is no adoption by reference
of the same standard in 875 Iowa Administrative Code Chapter 72, the adoption by
reference in this section is of the edition identified in Chapter 35.
- Amend section 3401.3 by deleting “International Private Sewage Disposal
Code” and inserting in lieu thereof “567 Iowa Administrative Code Chapter 69.”
- Delete appendices A through K.
- Delete all references to the “International Plumbing Code” and insert in lieu thereof
“state plumbing code.”
- Delete all references to the “ICC Electrical Code” and insert in lieu thereof
“National Electrical Code, 2008 edition as amended by Ordinance 878, Le Mars
Code of Ordinances.”
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- Delete all references to the “International Fuel Gas Code” and insert in lieu thereof
“rule 661 Iowa Administrative Code 301.9(103A).”
2.
International Residential Code, 2009 Edition, published by the International
adopted by reference as the requirements for construction, alteration, movement,
enlargement, replacement, repair, equipment, use and occupancy, location, removal,
and demolition of detached one- and two-family dwellings multiple single-family
dwellings (townhouses) not more than three stories in height with a separate means of
egress and their accessory structures, with the following amendments:
- Delete sections R103, R105 and R112 and sections therein.
NOTE: The values for table R301.2(1) shall be determined by the location of the
project and referenced footnotes from table R301.2(1).
- Delete section R202 definitions for ‘Accessory Structure’, ‘Basement’,
‘Building’, ‘Building Line’, ‘Building Official’, ‘Dwelling’, ‘Dwelling Unit’,
‘Height, Story’, ‘Lot’, ‘Manufactured Home’, ‘Townhouse’, and ‘Yard’.
- Delete chapter 11.
- Delete all references to the “International Plumbing Code” and insert in lieu
thereof “state plumbing code.”
- Delete section R310.1 and insert in lieu thereof the following new section:
R310.1 Emergency escape and rescue required. Basements and every
sleeping room shall have at least one operable emergency and rescue opening.
Such opening shall open directly into a public street, public alley, yard or court.
Where basements contain one or more sleeping rooms, emergency egress and
rescue openings shall be required in each sleeping room, but shall not be
required in adjoining areas of the basement. Where emergency escape and
rescue openings are provided they shall have a sill height of not more than 44
inches above an adjacent permanent interior standing surface. The adjacent
permanent interior standing surface shall be no less than 36 inches wide and 18
inches deep and no more than 24 inches high. Where a door opening having a
threshold below the adjacent ground elevation serves as an emergency escape
and rescue opening and is provided with a bulkhead enclosure, the bulkhead
enclosure shall comply with section R310.3. The net clear opening dimensions
required by this section shall be obtained by the normal operation of the
emergency escape and rescue opening from the inside. Emergency escape and
rescue openings with a finished sill height below the adjacent ground elevation
shall be provided with a window well in accordance with section R310.2.
Emergency escape and rescue openings shall open directly into a public way, or
to a yard or court that opens to a public way.
Exception: Basements used only to house mechanical equipment and not
exceeding total floor area of 200 square feet.
- Delete section R313.1.
NOTE: Deletion of section R313.1, which would have required the installation
of sprinklers in newly constructed townhouses, is consistent with 2010 Iowa
Acts, Senate Joint Resolution 2009.
NOTE: Deletion of section R313.2, which would have required the installation
of sprinklers in newly constructed one- and two-family residences, is consistent
with 2010 Iowa Acts, Senate Joint Resolution 2009.
- Amend section R322.1.7 by striking the words “Chapter 3 of the International
Private Sewage Disposal Code” and inserting in lieu thereof 567 Iowa
Administrative Code Chapter 69.
R907.3 Recovering versus replacement. New roof coverings shall not be
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installed without first removing all existing layers of roof or roof coverings
where any of the following conditions exist:
1. Where the existing roof or roof covering is water-soaked or has
deteriorated to the point that the existing roof or roof covering is not
adequate as a base for additional roofing.
2. Where the existing roof covering is wood shake, slate, clay, cement or
asbestos cement tile.
3. Where the existing roof has two or more applications of any type of
roof covering.
- Delete chapter 24 and sections therein and insert in lieu thereof the following new
section:
All fuel gas piping installations shall comply with rule 661 Iowa Administrative Code
301.9(103A).
- Delete chapters 25 to 33 and sections therein, except for section P2904, and insert
in lieu thereof the following new section:
All plumbing installations shall comply with the state plumbing code as adopted by
the state plumbing and mechanical systems board pursuant to Iowa Code Chapter 105.
Exception: Factory-built structures, as referenced by Iowa Code section 103A.10(3),
that contain plumbing installations are allowed to comply with either the state
plumbing code or with the International Plumbing Code, 2009Edition, published by
the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, VA
22041. The manufacturer’s data plate must indicate which plumbing code was
utilized for compliance with this rule, as required by 661 Iowa Administrative Code
paragraph 16.610(15)”e”.
- Delete chapters 34 to 43 and sections therein and insert in lieu thereof the following
new section:
All electrical installations shall comply with National Electrical Code, 2008
Edition, as amended by Ordinance 878, Le Mars Code of Ordinances.
- Delete appendices A through Q.
3.
International Mechanical Code, 2009 Edition, published by the International
adopted by reference as the requirements for the design, installation, maintenance,
alteration, and inspection of mechanical systems that are permanently installed and
utilized to provide control of environmental conditions and related processes within
buildings, with the following amendments:
- Delete sections 103, 106 and 109 and sections therein.
- Delete section 403 and insert in lieu thereof the following new section:
SECTION 403
MECHANICAL VENTILATION
Mechanical ventilation systems shall be designed in accordance with the
provisions of ASHRAE Standard 62.1-2007, “Ventilation for Acceptable Indoor
Air Quality,” published by the American Society of Heating, Refrigerating and
Air-Conditioning Engineers, 1791 Tullie Circle, N.E., Atlanta, GA 30329.
- Delete appendices A and B.
“National Electrical Code, 2008 edition, as amended by Ordinance 878, Le Mars
Code of Ordinances.
- Delete all references to the “International Fuel Gas Code” and insert in lieu
thereof “rule 661 Iowa Administrative Code 301.9(103A).”
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4.
National Electrical Code, 2011 Edition, published by the National Fire
Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471, is adopted
with the following amendments:
- Add the following exceptions to section 210.8, paragraph (A), subparagraph (2):
(A) Exception No.1 to (2): Receptacles that are not readily accessible.
(B) Exception No.2 to (2): A single receptacle or a duplex receptacle for two
appliances located within dedicated space for each appliance that, in normal use,
is not easily moved from one place to another and that is a cord-and-plug
connected in accordance with 400.7(A)(6), (A)(7), or (A)(8).
(C) Receptacles installed under the exceptions to 210.8(A)(2) shall not be considered
as meeting the requirements of 210.52(G).
- Add the following exceptions to section 210.8, paragraph (A), subparagraph (5):
(A) Exception No.2 to (5): Receptacles that are not readily accessible.
(B) Exception No.3 to (5): A single receptacle or a duplex receptacle for two
appliances located within dedicated space for each appliance that, in normal use,
is not easily moved from one place to another and that is a cord-and-plug
connected in accordance with 400.7(A)(6), (A)(7), or (A)(8).
(C) Receptacles installed under the exceptions to 210.8(A)(5) shall not be considered
as meeting the requirements of 210.52(G).
5.
Plumbing Code. Administrative rule 641 – Chapter 25 (105), Iowa
Administrative Code, is hereby adopted by reference as the requirements for
plumbing installations.
6.
International Existing Building Code, 2009 Edition, published by the
International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, VA 22041,
is hereby adopted by reference as the requirements for repair, alteration, change of
occupancy, addition, and relocation of existing buildings, with the following
amendments:
- Delete section 101.1.
101.4.2 Buildings Previously Occupied. The legal occupancy of any structure
existing on the date of adoption of this code shall be permitted to continue without
change, except as specifically covered in this code or the Le Mars Code of
Ordinances, or as deemed necessary by the building code official for the general
safety and welfare of the occupants and the public.
- Delete section 101.5.4.
- Delete section 101.5.4.1.
- Delete section 101.5.4.2.
- Delete sections 103 and 105 and sections therein.
- Delete sections 106.1, 106.3.1, 106.3.3, 106.5, and 106.6.
- Delete sections 108, 109, 110, 112, 113, 114, 115, 116 and 117 and sections
therein.
- Delete section 605.
- Delete chapters A1 through A5.
- Delete appendix B and insert in lieu thereof the following new section:
Any building or facility subject to this rule shall comply with the provisions of 661
Iowa Administrative Code – Chapter 302.
- Delete resource A.
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“National Electrical Code, 2011 Edition, as amended by Ordinance 897, Le Mars
Code of Ordinances.
- Delete all references to the “International Fuel Gas Code” and insert in lieu thereof
rule 661 Iowa Administrative Code – 301.9(103A).
NOTE 1: International Existing Building Code, 2009 Edition, Resource A, provides
guidelines for evaluating fire ratings of archaic materials and assemblies which may be
used by designers and code officials when evaluating compliance with provisions of this
chapter.
NOTE 2: Except for elevators excluded from the jurisdiction of the Iowa Division of
Labor Services by the provisions of Iowa Code section 89A.2, each elevator is required
to comply with any applicable requirements established by the Iowa Division of Labor
Services and is subject to enforcement of any applicable regulations by Iowa Division
of Labor Services.
NOTE 3: Except for boilers and pressure vessels excluded from the jurisdiction of the
Iowa Division of Labor Services by the provisions of Iowa Code 89.4, each boiler or
pressure vessel is required to comply with any applicable requirements established by
the Iowa Division of Labor Services and is subject to enforcement of any applicable
regulations by the Iowa Division of Labor Services.
Any Boiler which is subject to requirements established by the Iowa Department of
Natural Resources is required to comply with any such requirements and is subject to
enforcement of any applicable regulations by the Iowa Department of Natural
Resources.
This rule is intended to implement Iowa Code sections 103A.41 through 103A.45.
7.
Energy Code. The International Energy Conservation Code – Commercial
and Residential Provisions, 2012 Edition, published by the International Code
Council, 5203 Leesburg Pike, Suite 600, Falls Church, VA 22041, is adopted by
reference as the energy code, with the following amendments:
- Delete section C101.1.
- Delete section C101.2 and insert in lieu thereof the following new section:
C101.2 Scope. This code applies to commercial buildings and the buildings’ sites
and associated systems and equipment as defined pursuant to 661 – subrule 303.1(2).
- Delete section C103.3.1.
- Delete section C104.1 and insert in lieu thereof the following section:
C104.1 General. Construction or other work that is required to be inspected by
State law or local ordinance shall be in accordance with sections C104.2 through
C104.8.
- Delete sections C108 and C109 and all sections contained herein.
R101.2 Scope. This code applies to residential buildings and the building sites and
associated systems and equipment as defined pursuant to 661 – subrule 303.1(2). The
remodeling or renovation of one-and-two family dwelling units is not within the scope
of this code.
- Delete section R103.3.1.
R104.1 General. Construction or other work that is required to be inspected by
State law or local ordinance shall be in accordance with sections R104.2 through
R104.8. The State Fire Marshal shall have authority to perform audits to ensure
compliance with the requirements of this code. When local governments conduct
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compliance audits, the information may be provided to the Department of Energy or to
the State Fire Marshal in a timely way. Local governments may contract with the
State Fire Marshal to conduct audits.
- Delete sections R108 and R109 and all sections contained therein.
- Delete section R402.1.1 and insert in lieu thereof the following new section:
R402.1.1 Insulation and Fenestration Criteria. The building thermal envelope shall
meet the requirements of Table R402.1.1 based on the climate zone specified in
Chapter 3.
Table R402.1.1
Table R402.1.1 Insulation and Fenestration Requirements by Componenta
Climate
Zone
Fenestration
U-Factorb
Skylight
U-Factorb
Glazed
Fenestration
SHGCb,e
Ceiling
R-Value
Wood
Frame
Wall
R-Value
Mass
Wall
R-Valuei
Floor
R-Value
Basement
Wall
R-Valuec
Slab
R-Value
&
Depthd
Crawl
Spacec
Wall
R-Value
1
2
3
NR
0.40
0.35
0.75
0.65
0.55
0.25
0.25
0.25
30
38
38
3/4
4/6
8/13
13
13
19
0
0
5/13f
0
0
0
0
0
5/13
4
0.35
0.55
0.40
49
8/13
19
10/13
10, 2ft
10/13
5
0.32
0.55
NR
49
13/17
30g
15/19
10, 2ft
15/19
6
0.32
0.55
NR
49
15/20
30g
15/19
10, 4ft
15/19
7&8
0.32
0.55
NR
49
13
13
20 or
13+5h
20 or
13+5h
20 or
13+5h
20 or
13+5h
20+5 or
13+10h
19/21
30g
15/19
10, 4ft
15/19
a
R-values are minimums. U-factors and SHGC are maximums. When insulation is installed in
a cavity which is less than the label or design thickness of the insulation, the installed R-value of
the insulation shall not be less than the R-value specified in the table.
b
The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed
fenestration. EXCEPTION: Skylights may be excluded from glazed fenestration SHGC
requirements in Climate Zones 1 through 3 where the SHGC for such skylights does not exceed
.30.
c
“15/19” means R-15 continuous insulation on the interior or exterior of the home or R-19
cavity insulation at the interior of the basement wall. “15/19” shall be permitted to be met with
R-13 cavity insulation on the interior of the basement wall plus R-5 continuous insulation on the
interior or exterior of the home. “10/13” means R-10 continuous insulation on the interior or
exterior of the home or R-13 cavity insulation at the interior of the basement wall.
d
R-5 shall be added to the required slab edge R-values for heated slabs. Insulation depth shall
be the depth of the footing or 2 feet, whichever is less in Climate Zones 1 through 3 for heated
slabs.
e
There are no SHGC requirements in the Marine Zone.
f
Basement wall insulation is not required in warm-humid locations as defined by Figure R301.1
and Table R301.1.
g
Or insulation sufficient to fill the framing cavity, R-19 minimum.
h
First value is cavity insulation; second value is continuous insulation or insulated siding.
Therefore, “13+5” means R-13 cavity insulation plus R-5 continuous insulation or insulated
siding. If structural sheathing covers 40 percent or less of the exterior, continuous insulation Rvalue shall be permitted to be reduced by no more than R-3 in the locations where structural
sheathing is used – to maintain a consistent total sheathing thickness.
i
The second R-value applies when more than half the insulation is on the interior of the mass
wall.
- Delete section R402.4.1.2 and insert in lieu thereof the following new section:
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R402.4.1.2 Testing. The building or dwelling unit shall be tested and verified as
having an air leakage rate not exceeding 5 air changes per hour in Climate Zones 1
and 2, and 4 air changes per hour in Climate Zones 3 through 8. Testing shall be
conducted with a blower door at a pressure of 0.2 inches w.g. (50 pascals). Where
required by the code official, testing shall be conducted by an approved third party. A
written report of the results of the test shall be signed by the party conducting the test
and provided to the code official. Testing shall be performed at any time after
creation of all penetrations of the building thermal envelope.
During testing:
1. Exterior windows and doors, fireplace and stove doors shall be closed, but
not sealed beyond the intended weatherstripping or other infiltration control
measures;
2. Dampers including exhaust, intake, makeup air, backdraft and flue dampers
shall be closed, but not sealed beyond intended infiltration control measures;
3. Interior doors, if installed at the time of the test, shall be open;
4. Exterior doors for continuous ventilation systems and heat recovery
ventilators shall be closed and sealed;
5. Heating and cooling systems, if installed at the time of the test, shall be
turned off; and
6. Supply and return registers, if installed at the time of test, shall be fully open.
R403.2.2 Sealing (mandatory). Ducts, air handlers, and filter boxes shall be sealed.
Joints and seams shall comply with either the International Mechanical Code or
International Residential Code, as applicable.
EXCEPTIONS:
1. Air-impermeable spray foam products shall be permitted to be applied
without additional joint seals.
2. Where a duct connection is made that is partially inaccessible, three screws
or rivets shall be equally spaced on the exposed portion of the joint so as to
prevent a hinge effect.
3. Continuously welded and locking-type longitudinal joints and seams in ducts
operating at static pressures less than 2 inches of water column (500 Pa) pressure
classification shall not require additional closure systems.
Duct tightness shall be verified by either of the following:
1. Post-construction test: Leakage to outdoors shall be less than or equal to 4
cfm (113.3 L/min) per 100 square feet (9.29 m2) of conditioned floor area or total
leakage shall be less than or equal to 6 cfm (170 L/min) per 100 square feet (9.29
m2) of conditioned floor area when tested at a pressure differential of 0.1 inches
w.g. (25 Pa) across the entire system, including the manufacturer’s air handler
enclosure. All register boots shall be taped or otherwise sealed during the test.
2. Rough-in test: Total leakage shall be less than or equal to 6 cfm (170 L/min)
per 100 square feet (9.29 m2) of conditioned floor area when tested at a pressure
differential of 0.1 inches w.g. (25 Pa) across the system, including the
manufacturer’s air handler enclosure. All registers shall be taped or otherwise
sealed during the test. If the air handler is not installed at the time of the test,
total leakage shall be less than or equal to 3 cfm (85 L/min) per 100 square feet
(9.29 m2) of conditional floor area.
Testing shall be conducted by an approved third party. A written report of the
results shall be signed by the party conducting the test and proved to the code
official.
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EXCEPTION: The duct leakage test is not required for ducts and air handlers
located entirely within the building thermal envelope unless cavities are used for
returns.
R403.2.3 Building Cavities (mandatory). Building framing cavities shall not be
used as supply ducts. Building framing cavities may be used as return ducts if both of
the flowing conditions exist:
1. Ducts must be tested for duct leakage in accordance with section R403.2.2.
2. Exterior wall cavities shall not be used for return ducts.
155.11 MINIMUM WIDTH OF BUILDINGS AND STRUCTURES. The minimum
width of buildings or structures constructed or established for use as dwellings in the City
shall be not less than twenty-two (22) feet wide as measured across the narrowest dimension
of the dwelling unit or units thereof; however, the minimum width requirement shall not
apply in large scale residential developments, mobile homes and/or manufactured home
courts.
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FIRE PREVENTION CODE
156.01 Adoption of International Fire Code
156.02 Establishment of Limits
156.03 Recreational Fires
156.01 ADOPTION OF INTERNATIONAL FIRE CODE. The International Fire Code,
2009 Edition, including Appendix Chapters B, C, D, E, F, G, H, & I, as published by the
International Code Council, is hereby adopted with the following amendments:
1.
Delete Section 108, Board of Appeals.
2.
Delete definitions for ‘Awning’, ‘Basement’ ‘Boarding House’, ‘Building’,
‘Building Official’, ‘Canopy’, ‘Dwelling’, ‘Dwelling Unit’, ‘Lot’, ‘Story’,
‘Townhouse’, and ‘Yard’ from Section 202, Definitions.
156.02
ESTABLISHMENT OF LIMITS.
1.
Storage of Explosives and Blasting Agents. The limits referred to in the
International Fire Code, in which storage of explosives and blasting agents is
prohibited, are hereby established as follows: “within the City limits.”
2.
Manufacture and Storage of Fireworks. The limits referred to in the
International Fire Code, in which manufacture and storage of fireworks is prohibited,
are hereby established as follows: “within the City limits.”
3.
Storage of Flammable and Combustible Liquids and Anhydrous Ammonia in
Outside Aboveground Tanks and Bulk Plants.
A.
The limits referred to in the International Fire Code in which storage
of flammable or combustible liquids and anhydrous ammonia in outside
aboveground tanks is prohibited, are hereby established as follows: “within
the City limits, with exception of the I-3 Heavy Industrial District near
Business Highway 75 and Industrial Road in the southwest part of the City,
provided that such storage is permitted under the Zoning Ordinance.” (In the
case of combustible liquids, such as gasoline, all existing installations in
violation of the Code shall be permitted to continue for a period of not more
than two (2) years or upon discontinuance of use, whichever comes first.
This clause shall be taken as an exception to the general provisions of the
International Fire Code.)
B.
The limits referred to in the International Fire Code in which new
bulk plants for flammable or combustible liquids are prohibited, are hereby
established as follows: “within the City limits, with the exception of the I-3,
Heavy Industrial District near Business Highway 75 and Industrial Road in
the southwest part of the City, provided that such storage is permitted under
the Zoning Ordinance.”
C.
The limits referred to in the International Fire Code with regard to
establishment of the aboveground storage of flammable or combustible
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liquids (Class I and Class II liquids) are hereby established as follows: “for
locations and use for its business only.” Commercial resale and dispensing
shall be prohibited and all existing shall be permitted to continue until tanks
need to be replaced. The size of dispensing aboveground tanks shall be
1,100 gallons or less and approved by the Fire Chief. Within the City limits,
aboveground tanks are prohibited in the residential and other areas that may
constitute a distinct hazard to life or property in the opinion of the Fire Chief.
There shall be no more than a total of 1,100 gallons of aboveground storage
capacity on any one permitted site. Any installation dispensing motor vehicle
fuel shall comply with any applicable provisions of rules of the State Fire
Marshal adopted pursuant to Chapter 101 of the Code of Iowa and with
National Fire Protection Association Standard 30, 2008 edition, and
National Fire Protection Association Standard 30A, 2008 edition.
4.
Liquefied Petroleum Gases. The limits referred to in the International Fire
Code in which storage of liquefied petroleum gas is restricted are hereby established
as follows:
A.
There is to be a maximum limit of 125 gallon tank for aboveground
storage of liquefied petroleum gases within the City limits. These tanks shall
meet Table 3804.3 of the 2009 International Fire Code. The minimum
distance for aboveground containers shall be measured from the pressure
relief device and the filling or liquid level gauge vent connection at the
container.
B.
All underground tanks shall meet the requirements limits referred to
in the International Fire Code.
C.
The rules under this section shall make reasonable provisions for
facilities which were in service prior to the effective date of these regulations
and not in strict conformity therein. Such facilities may continue in service
unless the nonconformity is such as to constitute a distinct hazard to life or
adjoining property. Should this nonconformity be considered as distinctly
hazardous in the sold discretion of the City Fire Chief, then such facilities
and tanks shall be eliminated and compliance under these rules mandated.
D.
All properties currently using LP gas tanks may continue to do so
until such time as the City of Le Mars approved natural gas franchise utility
becomes reasonably available to the property owner. Upon determination of
the reasonable availability the property owner at the owner’s expense shall
connect to the City of Le Mars national gas franchise utility within two years
of that availability.
E.
The Fire Chief for the City of Le Mars may approve upon application
and issuance of a City permit the use of temporary liquid petroleum gas tanks
for construction projects or certain occasions. In particular installation the
Le Mars City Fire Chief may in his sole discretion consider amendments to
this section after consideration of special features such as topographical
conditions, nature of occupancy, and proximity to buildings, capacity of
proposed liquid petroleum gas containers, degree of the fire protection to be
provided and capabilities of the local fire department.
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F.
Any bulk storage of liquefied petroleum gases shall comply with any
applicable provisions of the rules adopted by the State Fire Marshal pursuant
to Chapter 101 of the Code of Iowa and the International Fire Code as
adopted by the City Code of Ordinances.
(Subsection 4 – Ord. 888 – Aug. 11 Supp.)
156.03 RECREATIONAL FIRES. Recreational fires are allowed in the City of Le Mars
without the issuance of a permit. Restrictions pertaining to recreational fires are as follows:
1.
Shall be located at least ten (10) feet from the nearest structure or
combustible materials.
2.
Shall be fueled by clean, seasoned firewood, natural gas or other clean
burning fuel with emissions equal to or less than that created by seasoned firewood.
No yard waste, refuse, or materials containing rubber, grease, asphalt or similar
smoke producing materials, or carcasses of dead animals may be disposed of in a
recreational fire.
3.
Total fuel area can be no longer than three (3) feet in diameter and no higher
than two (2) feet. A spark screen and top shall be used at all times during burning.
4.
Shall be constantly attended by an individual eighteen (18) years of age or
older until fire is extinguished.
5.
A means of controlling the fire, such as a fire extinguisher, hose or bucket of
water, shall be available at all times during the duration of the fire.
6.
No recreational fires will be allowed when winds are twenty (20) miles per
hour or more.
Police Officers, Fire Officers or the Code Enforcement Officer are authorized to require that a
recreational fire be immediately discontinued if it violates this section, is deemed to be
hazardous or if smoke emissions are offensive to occupants of surrounding properties.
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CHAPTER 160
FLOOD PLAIN REGULATIONS
160.01
160.02
160.03
160.04
160.05
160.06
160.07
160.08
160.09
160.10
160.11
160.12
160.13
Purpose
Definitions
Lands to Which Chapter Applies
Rules for Interpretation of District Boundaries
Compliance
Abrogation and Greater Restrictions
Interpretation
Warning and Disclaimer of Liability
Establishment of Zoning (Overlay) Districts
Floodway (Overlay) District - FW
Floodway Fringe (Overlay) District - FF
General Flood Plain (Overlay) District - FP
Shallow Flooding (Overlay) District - SF
160.14
160.15
160.16
160.17
160.18
160.19
160.20
160.21
160.22
160.23
160.24
Administration
Flood Plain Development Permit Required
Application for Permit
Action on Permit Application
Construction and Use to Be as Provided in
Application and Plans
Conditional Uses, Appeals and Variances
Factors Upon Which the Decision to Grant
Variances Is Based
Conditions Attached to Variances
Appeals to the Court
Nonconforming Uses
Amendments
160.01 PURPOSE. It is the purpose of this chapter to protect and preserve the rights,
privileges and property of the City and its residents and to preserve and improve the peace,
safety, health, welfare and comfort and convenience of its residents by minimizing flood
losses with provisions designed to:
1.
Reserve sufficient flood plain area for the conveyance of flood flows so that
flood heights and velocities will not be increased substantially.
2.
Restrict or prohibit uses which are dangerous to health, safety, or property in
times of flood or which cause excessive increases in flood heights or velocities.
3.
Require that uses vulnerable to floods, including public utilities which serve
such uses, be protected against flood damage at the time of initial construction or
substantial improvement.
4.
Protect individuals from buying lands which may not be suited for intended
purposes because of flood hazard.
5.
Assure that eligibility is maintained for property owners in the community to
purchase flood insurance through the National Flood Insurance Program.
160.02 DEFINITIONS. Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give them the meaning they have in common usage and to
give this chapter its most reasonable application.
1.
“Base flood” means the flood having one percent (1%) chance of being
equaled or exceeded in any given year. (See 100-year flood.)
2.
“Basement” means any enclosed area of a building which has its floor or
lowest level below ground level (subgrade) on all sides. Also see “lowest floor.”
3.
“Development” means any manmade change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations.
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4.
“Existing construction” means any structure for which the “start of
construction” commenced before the effective date of the community’s Flood
Insurance Rate Map. May also be referred to as “existing structure.”
5.
“Existing factory-built home park or subdivision” means a factory-built home
park or subdivision for which the construction of facilities for servicing the lots on
which the factory-built homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) was completed before the effective date of these flood plain
management regulations.
6.
“Expansion of existing factory-built home park or subdivision” means the
preparation of additional sites by the construction of facilities for servicing the lots on
pouring of concrete pads).
7.
“Factory-built home” means any structure designed for residential use which
is wholly or in substantial part made, fabricated, formed or assembled in
manufacturing facilities for installation or assembly and installation on a building
site. For the purpose of this chapter, factory-built homes include mobile homes,
manufactured homes and modular homes and also includes “recreational vehicles”
which are placed on a site for greater than 180 consecutive days and not fully licensed
for and ready for highway use.
8.
“Factory-built home park” means a parcel or contiguous parcels of land
divided into two or more factory-built home lots for sale or lease.
9.
“Flood” means a general and temporary condition of partial or complete
inundation of normally dry land areas resulting from the overflow of streams or rivers
or from the unusual and rapid runoff of surface waters from any source.
10.
“Flood elevation” means the elevation floodwaters would reach at a particular
site during the occurrence of a specific flood. For instance, the 100-year flood
elevation is the elevation of floodwaters related to the occurrence of the 100-year
flood.
11.
“Flood Insurance Rate Map (FIRM)” means the official map prepared as part
of (but published separately from) the Flood Insurance Study which delineates both
the flood hazard areas and the risk premium zones applicable to the community.
12.
“Flood plain” means any land area susceptible to being inundated by water as
a result of a flood.
13.
“Flood plain management” means an overall program of corrective and
preventive measures for reducing flood damages and promoting the wise use of flood
plains, including but not limited to emergency preparedness plans, flood control
works, floodproofing and flood plain management regulations.
14.
“Floodproofing” means any combination of structural and nonstructural
additions, changes, or adjustments to structures, including utility and sanitary
facilities which will reduce or eliminate flood damage to such structures.
15.
“Floodway” means the channel of a river or stream and those portions of the
flood plains adjoining the channel, which are reasonably required to carry and
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discharge floodwaters or flood flows so that confinement of flood flows to the
floodway area will not cumulatively increase the water surface elevation of the base
flood by more than one foot.
16.
“Floodway fringe” means those portions of the flood plain, other than the
floodway, which can be filled, leveed, or otherwise obstructed without causing
substantially higher flood levels or flow velocities.
17.
“Historic structure” means any structure that is:
A.
Listed individually in the National Register of Historic Places,
maintained by the Department of Interior, or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing in
the National Register;
B.
Certified or preliminarily determined by the Secretary of the Interior
as contributing to the historical significance of a registered historic district or
a district preliminarily determined by the Secretary to qualify as a registered
historic district;
C.
Individually listed on a state inventory of historic places in states
with historic preservation programs which have been approved by the
Secretary of the Interior; or,
D.
Individually listed on a local inventory of historic places in
communities with historic preservation programs that have been certified by
either: (i) an approved state program as determined by the Secretary of the
Interior; or (ii) directly by the Secretary of the Interior in states without
approved programs.
18.
“Lowest floor” means the floor of the lowest enclosed area in a building
including a basement except when all the following criteria are met:
A.
The enclosed area is designed to flood to equalize hydrostatic
pressure during floods with walls or openings that satisfy the provisions of
Section 160.11(4)(A); and
B.
The enclosed area is unfinished (not carpeted, drywalled, etc.) and
used solely for low damage potential uses such as building access, parking or
storage; and
C.
Machinery and service facilities (e.g., hot water heater, furnace,
electrical service) contained in the enclosed area are located at least one foot
above the 100-year flood level; and
D.
The enclosed area is not a “basement” as defined in this section.
In cases where the lowest enclosed area satisfies criteria A, B, C and D above, the
lowest floor is the floor of the next highest enclosed area that does not satisfy the
criteria above.
19.
“New construction” (new buildings, factory-built home parks) means those
structures or development for which the start of construction commenced on or after
November 1977, the effective date of the Flood Insurance Rate Map.
20.
“New factory-built home park or subdivision” means a factory-built home
park or subdivision for which the construction of facilities for servicing the lots on
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pouring of concrete pads) is completed on or after the effective date of these flood
plain management regulations.
21.
“100-Year Flood” means a flood, the magnitude of which has a one percent
(1%) chance of being equaled or exceeded in any given year or which, on the average,
will be equaled or exceeded at least once every one hundred (100) years.
22.
“Recreational vehicle” means a vehicle which is:
A.
Built on a single chassis;
B.
Four hundred (400) square feet or less when measured at the largest
horizontal projection;
C.
Designed to be self-propelled or permanently towable by a light duty
truck; and
D.
Designed primarily not for use as a permanent dwelling but as a
temporary living quarters for recreational, camping, travel, or seasonal use.
23.
“Special flood hazard area” means the land within a community subject to the
“100-year flood.” This land is identified as Zone A on the Flood Insurance Rate Map.
24.
“Start of construction” includes substantial improvement, and means the date
the development permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement was within
180 days of the permit date. The actual start means either the first placement or
permanent construction of a structure on a site, such as pouring of a slab or footings,
the installation of pile, the construction of columns, or any work beyond the stage of
excavation; or the placement of a factory-built home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the erection of temporary
forms; nor does it include the installation on the property of accessory buildings such
as garages or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of the building, whether
or not that alteration affects the external dimensions of the building.
25.
“Structure” means anything constructed or erected on the ground or attached
to the ground, including, but not limited to, buildings, factories, sheds, cabins,
factory-built homes, storage tanks and other similar uses.
26.
“Substantial damage” means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damage condition would equal
or exceed fifty percent (50%) of the market value of the structure before the damage
occurred.
27.
“Substantial improvement” means any improvement to a structure which
satisfies either of the following criteria:
A.
Any repair, reconstruction, or improvement of a structure, the cost of
which equals or exceeds fifty percent (50%) of the market value of the
structure either: (i) before the “start of construction” of the improvement; or
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(ii) if the structure has been “substantially damaged” and is being restored,
before the damage occurred. The term does not, however, include any project
for improvement of a structure to comply with existing State or local health,
sanitary, or safety code specifications which are solely necessary to assure
safe conditions for the existing use. The term also does not include any
alteration of an “historic structure,” provided the alteration will not preclude
the structure’s designation as an “historic structure.”
B.
Any addition which increases the original floor area of a building by
twenty-five percent (25%) or more. All additions constructed after
November, 1977, shall be added to any proposed addition in determining
whether the total increase in original floor space would exceed twenty-five
percent.
28.
“Variance” means a grant of relief by a community from the terms of the
flood plain management regulations.
29.
“Violation” means the failure of a structure or other development to be fully
compliant with this chapter.
160.03 LANDS TO WHICH CHAPTER APPLIES. The provisions of this chapter shall
apply to all lands within the jurisdiction of the City shown on the Official Flood Plain Zoning
Map as being within the boundaries of the Floodway, Floodway Fringe, General Flood Plain
and Shallow Flooding (Overlay) Districts. The Flood Insurance Rate Map dated May 1,
1978, which was prepared as part of the Flood Insurance Study for the City of Le Mars is
hereby adopted by reference and declared to be the Official Flood Plain Zoning Map. The
flood profiles and all explanatory material contained with the Flood Insurance Study and the
Flood Boundary Floodway Map are also declared to be a part of this chapter.
160.04 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES. The
boundaries of the zoning district areas shall be determined by scaling distances on the Official
Flood Plain Zoning Map. When an interpretation is needed as to the exact location of a
boundary, the City Administrator shall make the necessary interpretation. The Zoning Board
of Adjustment shall hear and decide appeals when it is alleged that there is an error in any
requirement, decision, or determination made by the City Administrator in the enforcement or
administration of this chapter.
160.05 COMPLIANCE. No structure or land shall hereafter be used and no structure shall
be located, extended, converted or structurally altered without full compliance with the terms
of this chapter and other applicable regulations which apply to uses within the jurisdiction of
this chapter.
160.06 ABROGATION AND GREATER RESTRICTIONS. It is not intended by this
chapter to repeal, abrogate or impair any existing easements, covenants, or deed restrictions.
However, where this chapter imposes greater restrictions, the provision of this chapter shall
prevail. Any ordinances inconsistent with this chapter are hereby repealed to the extent of the
inconsistency only.
160.07 INTERPRETATION. In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements and shall be liberally construed in favor of
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the governing body and shall not be deemed a limitation or repeal of any other powers granted
by State statutes.
160.08 WARNING AND DISCLAIMER OF LIABILITY. The standards required by
this chapter are considered reasonable for regulatory purposes. This chapter does not imply
that areas outside the designated Flood Plain (Overlay) District areas will be free from
flooding or flood damages. This chapter shall not create liability on the part of the City or
any officer or employee thereof for any flood damages that result from reliance on this
chapter or any administrative decision lawfully made thereunder.
160.09 ESTABLISHMENT OF ZONING (OVERLAY) DISTRICTS. The flood plain
areas within the jurisdiction of this chapter are hereby divided into the following districts:
1.
Floodway District (FW)
2.
Floodway Fringe District (FF)
3.
General Flood Plain District (FP)
4.
Shallow Flooding District (SF).
The boundaries are as shown on the Official Flood Plain Zoning Map. Within these districts
all uses not allowed as permitted uses or permissible as conditional uses are prohibited unless
a variance to the terms of this chapter is granted after due consideration by the Board of
Adjustment.
160.10 FLOODWAY (OVERLAY) DISTRICT - FW.
1.
Permitted Uses. The following uses shall be permitted within the Floodway
District to the extent they are not prohibited by any other ordinance (or underlying
zoning district) and provided they do not include placement of structures, factorybuilt homes, fill or other obstruction, the storage of material or equipment, excavation
or alteration of a watercourse.
A.
Agricultural uses such as general farming, pasture, grazing, outdoor
plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming,
and wild crop harvesting.
B.
Industrial-commercial uses such as loading areas, parking areas,
airport landing strips.
C.
Private and public recreational uses such as golf courses, tennis
courts, driving ranges, archery ranges, picnic grounds, boat launching ramps,
swimming areas, parks, wildlife and nature preserves, game farms, fish
hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting
and fishing areas, hiking and horseback riding trails.
D.
Residential uses such as lawns, gardens, parking areas and play areas.
E.
Such other open-space uses similar in nature to the above uses.
2.
Conditional Uses. The following uses which involve structures (temporary or
permanent), fill, storage of materials or equipment, excavation or alteration of a
watercourse may be permitted only upon issuance of a conditional use permit by the
Board of Adjustment as provided for in Section 160.19. Such uses must also meet the
applicable provisions of the Floodway District Performance Standards.
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A.
Uses or structures accessory to open-space uses.
B.
Circuses, carnivals, and similar transient amusement enterprises.
C.
Drive-in theaters, new and used car lots, roadside stands, signs, and
billboards.
D.
Extraction of sands, gravel, and other materials.
E.
Marinas, boat rentals, docks, piers, and wharves.
F.
Utility transmission lines and underground pipelines.
G.
Other uses similar in nature to uses described in subsection 1 and in
this subsection which are consistent with the provisions of subsection 3 and
the general spirit and purpose of this chapter.
3.
Performance Standards. All Floodway District uses allowed as a permitted or
conditional use shall meet the following standards:
A.
No use shall be permitted in the Floodway District that would result
in any increase in the 100-year flood level. Consideration of the effects of
any development on flood levels shall be based upon the assumption that an
equal degree of development would be allowed for similarly situated lands.
B.
All uses within the Floodway District shall:
(1)
Be consistent with the need to minimize flood damage.
(2)
Use construction methods and practices that will minimize
flood damage.
(3)
Use construction materials and utility equipment that are
resistant to flood damage.
C.
No use shall affect the capacity or conveyance of the channel or
floodway of any tributary to the main stream, drainage ditch or any other
facility or system.
D.
Structures, buildings and sanitary and utility systems, if permitted,
shall meet the applicable performance standards of the Floodway Fringe
District and shall be constructed or aligned to present the minimum possible
resistance to flood flows.
E.
Buildings, if permitted, shall have a low flood damage potential and
shall not be for human habitation.
F.
Storage of materials or equipment that are buoyant, flammable,
explosive or injurious to human, animal or plant life is prohibited. Storage of
other material may be allowed if readily removable from the Floodway
District within the time available after flood warning.
G.
Watercourse alterations or relocations (channel changes and
modifications) must be designed to maintain the flood carrying capacity
within the altered or relocated portion. In addition, such alterations or
relocations must be approved by the Department of Natural Resources.
H.
Any fill allowed in the floodway must be shown to have some
beneficial purpose and shall be limited to the minimum amount necessary.
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I.
Pipeline river or stream crossings shall be buried in the streambed
and banks or otherwise sufficiently protected to prevent rupture due to
channel degradation and meandering or due to the action of flood flows.
160.11 FLOODWAY FRINGE (OVERLAY) DISTRICT - FF. All uses within the
Floodway Fringe District shall be permitted to the extent that they are not prohibited by any
other ordinance (or underlying zoning district) and provided they meet applicable
performance standards of the Floodway Fringe District. All uses must be consistent with the
need to minimize flood damage and shall meet the following applicable performance
standards.
1.
All structures shall:
A.
Be adequately anchored to prevent flotation, collapse or lateral
movement of the structure.
B.
Use construction materials and utility equipment that are resistant to
flood damage.
C.
Use construction methods and practices that will minimize flood
damage.
2.
Residential Buildings. All new or substantially improved residential
structures shall have the lowest floor, including basement, elevated a minimum of one
foot above the 100-year flood level. Construction shall be upon compacted fill which
shall, at all points, be no lower than one foot above the 100-year flood level and
extend at such elevation at least 18 feet beyond the limits of any structure erected
thereon. Alternate methods of elevating (such as piers) may be allowed, subject to
favorable consideration by the Board of Adjustment, where existing topography,
street grades, or other factors preclude elevating by fill. In such cases, the methods
used must be adequate to support the structure as well as withstand the various forces
and hazards associated with flooding. All new residential structures shall be provided
with a means of access which will be passable by wheeled vehicles during the 100year flood.
3.
Nonresidential Buildings. All new or substantially improved non-residential
buildings shall have the lowest floor (including basement) elevated a minimum of one
foot above the 100-year flood level, or together with attendant utility and sanitary
systems, be floodproofed to such a level. When floodproofing is utilized, a
professional engineer registered in the State of Iowa shall certify that the
floodproofing methods used are adequate to withstand the flood depths, pressures,
velocities, impact and uplift forces and other factors associated with the 100-year
flood; and that the structure, below the 100-year flood level, is watertight with walls
substantially impermeable to the passage of water. A record of the certification
indicating the specific elevation (in relation to National Geodetic Vertical Datum) to
which any structures are floodproofed shall be maintained by the Administrator.
4.
All new and substantially improved structures:
A.
Fully enclosed areas below the “lowest floor” (not including
basements) that are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwaters. Designs for meeting this requirement must either be
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certified by a registered professional engineer or meet or exceed the
following minimum criteria:
(1)
A minimum of two openings having a total net area of not
less than one square inch for every square foot of enclosed area
subject to flooding shall be provided.
(2)
The bottom of all openings shall be no higher than one foot
above grade.
(3)
Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided they permit the automatic entry
and exit of floodwaters.
Such areas shall be used solely for parking of vehicles, building access and
low damage potential storage.
B.
New and substantially improved structures must be designed (or
modified) and adequately anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy.
C.
New and substantially improved structures must be constructed with
electrical, heating, ventilation, plumbing and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of
flooding.
5.
Factory-Built Homes.
A.
All factory-built homes, including those placed in existing factorybuilt home parks or subdivisions, shall be elevated on a permanent foundation
such that the lowest floor of the structure is a minimum of one foot above the
100-year flood level.
B.
All factory-built homes, including those placed in existing factorybuilt home parks or subdivisions, shall be anchored to resist flotation,
collapse or lateral movement. Methods of anchoring may include, but are not
limited to, use of over-the-top or frame ties to ground anchors.
6.
Utility and Sanitary Systems.
A.
On-site waste disposal and water supply systems shall be located or
designed to avoid impairment to the system or contamination from the system
during flooding.
B.
All new and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system as well as
the discharge of effluent into floodwaters. Wastewater treatment facilities
(other than on-site systems) shall be provided with a level of flood protection
equal to or greater than one foot above the 100-year flood elevation.
C.
New or replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system. Water
supply treatment facilities (other than on-site systems) shall be provided with
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a level of protection equal to or greater than one foot above the 100-year
flood elevation.
D.
Utilities such as gas or electrical systems shall be located and
constructed to minimize or eliminate flood damage to the system and the risk
associated with such flood damaged or impaired systems.
7.
Storage of materials and equipment that are flammable, explosive or injurious
to human, animal or plant life is prohibited unless elevated a minimum of one foot
above the 100-year flood level. Other material and equipment must either be
similarly elevated or: (i) not subject to major flood damage and anchored to prevent
movement due to flood waters; or (ii) readily removable from the area within the time
available after flood warning.
8.
Flood control structural works such as levees, floodwalls, etc. shall provide,
at a minimum, protection from a 100-year flood with a minimum of 3 feet of design
freeboard and shall provide for adequate interior drainage. In addition, structural
flood control works shall be approved by the Department of Natural Resources.
9.
Watercourse alterations or relocations must be designed to maintain the
flood-carrying capacity within the altered or relocated portion. In addition, such
alterations or relocations must be approved by the Department of Natural Resources.
10.
Subdivisions (including factory-built home parks and subdivisions) shall be
consistent with the need to minimize flood damages and shall have adequate drainage
provided to reduce exposure to flood damage. Development associated with
subdivision proposals (including the installation of public utilities) shall meet the
applicable performance standards of this chapter. Subdivision proposals intended for
residential use shall provide all lots with a means of access which will be passable by
wheeled vehicles during the 100-year flood. Proposals for subdivisions greater than
five (5) acres or fifty (50) lots (whichever is less) shall include 100-year flood
elevation data for those areas located within the Flood Plain (Overlay) District.
11.
Accessory Structures.
A.
Detached garages, sheds, and similar structures accessory to a
residential use are exempt from the 100-year flood elevation requirements
where the following criteria are satisfied:
(1)
The structure shall not be used for human habitation.
(2)
The structure shall be designed to have low flood damage
potential.
(3)
The structure shall be constructed and placed on the building
site so as to offer minimum resistance to the flow of floodwaters.
(4)
The structure shall be firmly anchored to prevent flotation
which may result in damage to other structures.
(5)
The structure’s service facilities such as electrical and
heating equipment shall be elevated or floodproofed to at least one
foot above the 100-year flood level.
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B.
Exemption from the 100-year flood elevation requirements for such a
structure may result in increased premium rates for flood insurance coverage
of the structure and its contents.
12.
Recreational Vehicles.
A.
Recreational vehicles are exempt from the requirements of Section
160.11(5) of this chapter regarding anchoring and elevation of factory-built
homes when the following criteria are satisfied.
(1)
The recreational vehicle shall be located on the site for less
than 180 consecutive days, and,
(2)
The recreational vehicle must be fully licensed and ready for
highway use. A recreational vehicle is ready for highway use if it is
on its wheels or jacking system and is attached to the site only by
quick disconnect type utilities and security devices and has no
permanently attached additions.
B.
Recreational vehicles that are located on the site for more than 180
consecutive days or are not ready for highway use must satisfy requirements
of Section 160.11(5) of this chapter regarding anchoring and elevation of
factory-built homes.
13.
Pipeline river and stream crossings shall be buried in the stream bed and
banks, or otherwise sufficiently protected to prevent rupture due to channel
degradation and meandering.
160.12
GENERAL FLOOD PLAIN (OVERLAY) DISTRICT - FP.
1.
Permitted Uses. The following uses shall be permitted within the General
Flood Plain District to the extent they are not prohibited by any other ordinance (or
underlying zoning district) and provided they do not include placement of structures,
factory-built homes, fill or other obstructions; the storage of materials or equipment;
excavation or alteration of a watercourse.
A.
Agricultural uses such as general farming, pasture, grazing, outdoor
plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming,
and wild crop harvesting.
B.
Industrial-commercial uses such as loading areas, parking areas, and
airport landing strips.
C.
Private and public recreation uses such as golf courses, tennis courts,
driving ranges, archery ranges, picnic grounds, boat launching ramps,
swimming areas, parks, wildlife and nature preserves, game farms, fish
hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting
and fishing areas, hiking and horseback riding trails.
D.
Residential uses such as lawns, gardens, parking areas and play areas.
2.
Conditional Uses. Any use which involves placement of structures, factorybuilt homes, fill or other obstructions; the storage of materials or equipment;
excavation or alteration of a watercourse may be allowed only upon issuance of a
conditional use permit by the Board of Adjustment as provided for in Section 160.19.
All such uses shall be reviewed by the Department of Natural Resources to determine
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(i) whether the land involved is either wholly or partly within the floodway or
floodway fringe and (ii) the 100-year flood level. The applicant shall be responsible
for providing the Department of Natural Resources with sufficient technical
information to make the determination.
3.
Performance Standards.
A.
All conditional uses, or portions thereof, to be located in the
floodway as determined by the Department of Natural Resources shall meet
the applicable provisions and standards of the Floodway (Overlay) District
(Section 160.10).
B.
All conditional uses, or portions thereof, to be located in the
floodway fringe as determined by the Department of Natural Resources shall
meet the applicable standards of the Floodway Fringe (Overlay) District
(Section 160.11).
160.13 SHALLOW FLOODING (OVERLAY) DISTRICT - SF. All uses within the
Shallow Flooding District shall be permitted to the extent that they are not prohibited by any
other ordinance (or underlying zoning district) and provided they meet the applicable
performance standards of the Shallow Flooding District. The performance standards for the
Shallow Flooding District shall be the same as the performance standards for the Floodway
Fringe District with the following exceptions:
1.
In shallow flooding areas designated as an AO Zone on the Flood Insurance
Rate Map, the minimum floodproofing/flood protection elevation shall be equal to the
number of feet as specified on the Flood Insurance Rate Map (or a minimum of 2.0
feet if no number is specified) above the highest natural grade adjacent to the
structure.
2.
In shallow flooding areas designated as an AH Zone on the Flood Insurance
Rate Map, the minimum floodproofing/flood protection elevation shall be equal to the
elevation as specified on the Flood Insurance Rate Map.
160.14 ADMINISTRATION. The City Administrator is hereby appointed to implement
and administer the provisions of this chapter and will herein be referred to as the
Administrator. The duties and responsibilities of the Administrator include, but are not
necessarily limited to, the following:
1.
Review all flood plain development permit applications to assure that the
provisions of this chapter will be satisfied.
2.
Review flood plain development permit applications to assure that all
necessary permits have been obtained from Federal, State or local governmental
agencies including approval when required from the Department of Natural
Resources for flood plain construction.
3.
Record and maintain a record of (i) the elevation (in relation to National
Geodetic Vertical Datum) of the lowest floor (including basement) of all new or
substantially improved structures or (ii) the elevation to which new or substantially
improved structures have been floodproofed.
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4.
Notify adjacent communities and/or countries and the Department of Natural
Resources prior to any proposed alteration or relocation of a watercourse and submit
evidence of such notifications to the Federal Emergency Management Agency.
5.
Keep a record of all permits, appeals, and such other transactions and
correspondence pertaining to the administration of this chapter.
6.
Submit to the Federal Insurance Administrator an annual report concerning
the community’s participation, utilizing the annual report form supplied by the
Federal Insurance Administrator.
7.
Notify the Federal Insurance Administration of any annexations or
modifications to the community’s boundaries.
8.
Review subdivision proposals to insure such proposals are consistent with the
purpose of this chapter and advise the Council of potential conflicts.
160.15 FLOOD PLAIN DEVELOPMENT PERMIT REQUIRED. A Flood Plain
Development Permit issued by the Administrator shall be secured prior to any flood plain
development (any manmade change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling
operations) including the placement of factory-built homes.
160.16 APPLICATION FOR PERMIT. Application for a Flood Plain Development
Permit shall be made on forms supplied by the Administrator and shall include the following
information.
1.
Description of the work to be covered by the permit for which application is
to be made.
2.
Description of the land on which the proposed work is to be done (i.e., lot,
block, tract, street address or similar description) that will readily identify and locate
the work to be done.
3.
Indication of the use or occupancy for which the proposed work is intended.
4.
Elevation of the 100-year flood.
5.
Elevation (in relation to National Geodetic Vertical Datum) of the lowest
floor (including basement) of buildings or of the level to which a building is to be
floodproofed.
6.
For buildings being improved or rebuilt, the estimated cost of improvements
and market value of the building prior to the improvements.
7.
Such other information as the Administrator deems reasonably necessary
(e.g., drawings or a site plan) for the purpose of this chapter.
160.17 ACTION ON PERMIT APPLICATION. The Administrator shall, within a
reasonable time, make a determination as to whether the proposed flood plain development
meets the applicable standards of this chapter and shall approve or disapprove the application.
For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefor.
The Administrator shall not issue permits for variances except as directed by the Board of
Adjustment.
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160.18 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATION
AND PLANS. Flood Plain Development Permits issued on the basis of approved plans and
applications authorize only the use, arrangement, and construction set forth in such approved
plans and applications and no other use, arrangement or construction. Any use, arrangement,
or construction at variance with that authorized shall be deemed a violation of this chapter.
The applicant shall be required to submit certification by a professional engineer or land
surveyor, as appropriate, registered in the State of Iowa, that the finished fill, building floor
elevations, floodproofing or other flood protection measures were accomplished in
compliance with the provisions of this chapter, prior to the use or occupancy of any structure.
160.19 CONDITIONAL USES, APPEALS AND VARIANCES.
The Board of
Adjustment shall hear and decide: (i) applications for conditional uses upon which the Board
is authorized to pass under this chapter; (ii) appeals; and (iii) requests for variances to the
provisions of this chapter; and shall take any other action which is required of the Board.
1.
Conditional Uses. Requests for conditional uses shall be submitted to the
Administrator, who shall forward such to the Board of Adjustment for consideration.
Such requests shall include information ordinarily submitted with applications as well
as any additional information deemed necessary by the Board of Adjustment.
2.
Appeals. Where it is alleged there is any error in any order, requirement,
decision, or determination made by an administrative official in the enforcement of
this chapter, the aggrieved party may appeal such action. The notice of appeal shall
be filed with the Board of Adjustment and with the official from whom the appeal is
taken and shall set forth the specific reason for the appeal. The official from whom
the appeal is taken shall transmit to the Board of Adjustment all the documents
constituting the record upon which the action appealed from was taken.
3.
Variances. The Board of Adjustment may authorize upon request in specific
cases such variances from the terms of this chapter that will not be contrary to the
public interest, where owing to special conditions a literal enforcement of the
provisions of this chapter will result in unnecessary hardship. Variances granted must
meet the following applicable standards.
A.
Variances shall only be granted upon: (i) a showing of good and
sufficient cause; (ii) a determination that failure to grant the variance would
result in exceptional hardship to the applicant; and (iii) a determination that
the granting of the variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public or conflict with
existing local codes or ordinances.
B.
Variances shall not be issued within any designated floodway if any
increase in flood levels during the 100-year flood would result.
Consideration of the effects of any development on flood levels shall be
based upon the assumption that an equal degree of development would be
allowed for similarly situated lands.
C.
Variances shall only be granted upon a determination that the
variance is the minimum necessary, considering the flood hazard, to afford
relief.
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D.
In cases where the variance involves a lower level of flood protection
for buildings than what is ordinarily required by this chapter, the applicant
shall be notified in writing over the signature of the Administrator that: (i)
the issuance of a variance will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance coverage; and
(ii) such construction increases risks to life and property.
E.
All variances granted shall have the concurrence or approval of the
Department of Natural Resources.
4.
Hearings and Decisions of the Board of Adjustment.
A.
Hearings. Upon the filing with the Board of Adjustment of an
appeal, an application for a conditional use or a request for a variance, the
Board shall hold a public hearing. The Board shall fix a reasonable time for
the hearing and give public notice thereof, as well as due notice to parties in
interest. At the hearing, any party may appear in person or by agent or
attorney and present written or oral evidence. The Board may require the
appellant or applicant to provide such information as is reasonably deemed
necessary and may request the technical assistance and/or evaluation of a
professional engineer or other expert person or agency, including the
Department of Natural Resources.
B.
Decisions. The Board shall arrive at a decision on an appeal,
conditional use or variance within a reasonable time. In passing upon an
appeal, the Board may, so long as such action is in conformity with the
provisions of this chapter, reverse or affirm wholly or in part, or modify the
order, requirement, decision, or determination appealed from, and it shall
make its decision, in writing, setting forth the findings of fact and the reasons
for its decision. In granting a conditional use or variance, the Board shall
consider such factors as contained in this section and all other relevant
sections of this chapter and may prescribe such conditions as contained in
Section 160.21.
160.20 FACTORS UPON WHICH THE DECISION TO GRANT VARIANCES IS
BASED. In passing upon applications for variances, the Board shall consider all relevant
factors specified in other sections of this chapter and:
1.
The danger to life and property due to increased flood heights or velocities
caused by encroachments.
2.
The danger that materials may be swept on to other land or downstream to the
injury of others.
3.
The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination and unsanitary conditions.
4.
The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner.
5.
The importance of the service provided by the proposed facility to the City.
6.
The requirements of the facility for a flood plain location.
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7.
use.
The availability of alternate locations not subject to flooding for the proposed
8.
The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
9.
The relationship of the proposed use to the comprehensive plan and flood
plain management program for the area.
10.
The safety of access to the property in times of flood for ordinary and
emergency vehicles.
11.
The expected heights, velocity, duration, rate of rise and sediment transport
of the flood water expected at the site.
12.
The cost of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities (sewer, gas, electrical
and water systems), facilities, streets and bridges.
13.
Such other factors which are relevant to the purpose of this chapter.
160.21 CONDITIONS ATTACHED TO VARIANCES. Upon consideration of the
factors listed above, the Board of Adjustment may attach such conditions to the granting of
variances as it deems necessary to further the purpose of this chapter. Such conditions may
include, but not necessarily be limited to:
1.
Modification of waste disposal and water supply facilities.
2.
Limitation on periods of use and operation.
3.
Imposition of operational controls, sureties, and deed restrictions.
4.
Requirements for construction of channel modifications, dikes, levees, and
other protective measures, provided such are approved by the Department of Natural
Resources and are deemed the only practical alternative to achieving the purpose of
this chapter.
5.
Floodproofing measures designed consistent with the flood protection
elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic
and hydrodynamic forces, and other factors associated with the regulatory flood. The
Board of Adjustment shall require that the applicant submit a plan or document
certified by a registered professional engineer that the floodproofing measures are
consistent with the regulatory flood protection elevation and associated flood factors
for the particular area.
160.22 APPEALS TO THE COURT. Any person or persons, jointly or severally,
aggrieved by any decision of the Board of Adjustment may present to a court of record a
petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying
the grounds of illegality. Such petition shall be presented to the court within thirty days after
the filing of the decision in the office of the Board.
160.23 NONCONFORMING USES.
1.
A structure or the use of a structure or premises which was lawful before the
passage or amendment of this chapter but which is not in conformity with the
provisions of this chapter may be continued subject to the following conditions:
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A.
If such use is discontinued for twelve (12) consecutive months, any
future use of the building premises shall conform to this chapter.
B.
Uses or adjuncts thereof that are or become nuisances shall not be
entitled to continue as nonconforming uses.
C.
If any nonconforming use or structure is destroyed by any means,
including flood, it shall not be reconstructed if the cost is more than fifty
percent (50%) of the market value of the structure before the damage
occurred, unless it is reconstructed in conformity with the provisions of this
chapter.
2.
Except as provided in subsection B above, any use which has been permitted
as a conditional use or variance shall be considered a conforming use.
160.24 AMENDMENTS. The regulations and standards set forth in this chapter may from
time to time be amended, supplemented, changed, or repealed. No amendment, supplement,
change, or modification shall be undertaken without prior approval of the Department of
Natural Resources.
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CHAPTER 165
SUBDIVISION REGULATIONS
165.01
165.02
165.03
165.04
165.05
165.06
165.07
165.08
165.09
165.10
165.11
165.12
165.13
165.14
165.15
165.16
165.17
165.18
165.19
165.20
Purpose
Definitions
Variances and Modifications
Changes and Amendments
Penalties
Plat Required
Procedure
Contents of Preliminary Plat
Contents of Final Plat
Improvement Plans, Profiles, Cross Sections
Street Easements When Lots Larger than Usual
Relationship to Existing Streets
Location, Width of Streets and Alleys
Width of Roadways
Cul-de-sac and Dead-end Streets
Street Grades
Intersections
Street Names and House Numbers
Blocks
Lots
165.21
165.22
165.23
165.24
165.25
165.26
165.27
165.28
165.29
165.30
165.31
165.32
165.33
165.34
165.35
165.36
165.37
165.38
Building Lines
Character of Development
Utility Easements Required
Drainage, Easements Along Streams and
Watercourses Required
Maintenance of Improvements Outside City
Monuments
Park and School Sites
Installation, Construction of Improvements
Pavement of Roadways
Requirements For Sidewalks
Water Connections Required
Sewers and Sewage Disposal
Mandatory Resident Inspection by the City
Engineer or Authorized Representative
Electric and Gas Extensions
Street Lighting
Seeding of Undeveloped Lots
Erosion Control and Drainage Measures
Infrastructure Design Criteria
165.01 PURPOSE. The purpose of this chapter is to provide for the harmonious
development of the City; for the coordination of streets within subdivisions with other
existing or planned streets or with other features of the comprehensive plan of the City for
adequate open spaces; for traffic, recreation, light and air; and for a distribution of population
and traffic which will tend to create conditions favorable to health, safety, convenience and
prosperity.
165.02
DEFINITIONS. For use in this chapter, the following terms or works are defined.
1.
“Building lines” means a line on a plat between which line and a street no
building or structure may be erected.
2.
“Commission” means the City’s Planning and Zoning Commission.
3.
“Cul-de-sac” means a minor street with only one outlet and terminated by a
turnaround.
4.
“Easement” means a grant by the property owner of the use, for a specific
purpose, of a strip of land by the general public, a corporation or certain persons.
5.
“Lot” means a portion of a subdivision or other parcel of land intended for
the purpose, whether immediate or future, of transfer of ownership or for building
development.
6.
“Major thoroughfare” means a street designated as a major thoroughfare in
the major thoroughfare plan for the City.
7.
“Minor street” means a street not designated as a major thoroughfare in the
major thoroughfare plan for the City.
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8.
“Performance bond” means a surety bond, irrevocable letter of credit, or cash
deposit made out to the City, in an amount equal to the full cost of the improvements
which are required by this chapter, said cost estimated by the City Engineer, and said
surety bond, irrevocable letter of credit, or cash deposit being legally sufficient to
secure to the City that the said improvements will be constructed in accordance with
this chapter.
9.
“Roadway” means that portion of the street available for vehicular traffic, and
where curbs are laid, the portion from back to back of curbs.
10.
“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.
11.
“Subdivider” means the person, acting alone or in combination with others,
dividing or proposing to divide land so as to constitute a subdivision as defined
herein, and includes any agent of the subdivider.
12.
“Subdivision” means: (i) the division of any parcel of land shown as a unit or
as contiguous units on the last preceding tax roll into more than two parcels, sites, or
lots, any one of which is less than five acres, for the purpose, whether immediate or
future, of transfer of ownership, provided, however, that where one lot is divided into
two sites or parcels, each shall contain sufficient lot area to comply with the
requirements of Section 165.21, and provided, however, that the division or partition
of land into parcels of more than five acres not involving any new streets or
easements of access, and the sale or exchange of parcels between adjoining lot
owners, where such sale or exchange does not create additional building sites shall be
exempted; or (ii) the improvement of one or more parcels of land for residential,
commercial or industrial structures or groups of structures involving the division or
allocation of land for the opening, widening or extension of any street or streets,
except private streets serving industrial structures; the division or allocation of land
as open spaces for common use by owners, occupants or lease holders or as
easements for the extension and maintenance of public sewer, water, storm drainage
or other public facilities.
165.03 VARIANCES AND MODIFICATIONS. Where in the case of a particular
proposed subdivision, it can be shown that strict compliance with the requirements of this
chapter would result in extraordinary hardship to the subdivider because of unusual
topography or other such non-self-inflicted condition, or that these conditions would result in
inhibiting the achievement of the objectives of this chapter, the Commission may vary,
modify or waive the requirements so that substantial justice may be done and the public
interest secured. Provided, however, such variance, modification or waiver will not have the
effect of nullifying the intent and purpose of this chapter or interfering with carrying out the
comprehensive plan of the City. In no case shall any variance or modification be more than
minimum easing of the requirements and in no instance shall it have the effect of reducing the
traffic capacity of any street below that shown of the comprehensive plan of the City or be in
conflict with any Zoning Ordinance or map. Such variances and waivers may be granted only
by the affirmative vote of three-fourths (¾) of the members of the Commission. In granting
variances and modifications, the Commission may require such conditions as will, in its
judgment, secure substantially the objectives of the requirements so varied or modified.
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165.04 CHANGES AND AMENDMENTS. Any regulations or provisions of this chapter
may be changed and amended from time to time by the Council, provided however, that such
changes or amendments shall not become effective until after a public hearing has been held,
public notice of which shall have been given in a newspaper of general circulation in the City
at least fifteen (15) days prior to such hearing.
165.05 PENALTIES. Whoever, being the owner or agent of the owner of any land located
within or within two (2) miles of the City, knowingly or with intent to defraud, transfers or
sells by reference to or exhibition of or by other use of a plat of subdivision of such land
before such plat has been approved by the Council, shall forfeit and pay a penalty, as set by
resolution of the Council, for each lot so transferred or sold or agreed or negotiated to be sold,
and a description by metes and bounds shall not exempt the transaction from such penalties.
165.06 PLAT REQUIRED. It is unlawful for the owner, agent or persons having control
of any land within the corporate limits of the City or (pursuant to Section 354.9 of the Code of
Iowa) within two (2) miles thereof, to subdivide or lay out such land into lots, blocks, streets,
avenues, alleys, public ways and grounds, unless by plat in accordance with the laws of the
State and the provisions of this chapter.
165.07 PROCEDURE. In obtaining final approval of a proposed subdivision by the
Commission and the Council, the subdivider shall submit a preliminary plat, a performance
bond as may be required, and a final plat in accordance with this chapter.
1.
The subdivider shall first present the proposed subdivision at a meeting
consisting of City staff, two Planning and Zoning Commission members, and one City
Council member.
2.
The subdivider shall prepare and file with the City Engineer ten (10) copies
of a preliminary plat and ten (10) copies of restrictive covenants conforming to the
requirements set forth in this chapter. Twelve (12) copies of the preliminary plat and
restrictive covenants shall be submitted for a subdivision outside the corporate limits
of the City. Said plat shall be accompanied by a fee, as set by Council resolution, for
each lot in the subdivision, providing said subdivision does not consist of less than
ten (10) lots, in which case a minimum filing fee, as set by Council resolution, is
required.
3.
The City Engineer shall forthwith refer two (2) copies of the preliminary plat
to the Commission. In the case of subdivisions outside the corporate limits of the
City, the City Engineer shall refer two (2) copies of the preliminary plat to the County
Board of Supervisors and keep the County Engineer advised of the status of the plat
and actions taken thereon.
4.
A hearing on the proposal will be held before the Commission at a regular or
special meeting following the filing. No hearing shall be held by the Commission
until notice thereof, which shall include the time and place, shall be given in behalf of
the Commission by mailing a notice to the person who filed the preliminary plat to
the address set forth in the filing papers and to such other interested parties as may be
determined by the City Engineer and City Clerk.
5.
The City Engineer shall carefully examine said preliminary plat as to its
compliance with the laws and regulations of the City, the existing street system, and
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good engineering practices and shall, within fifteen (15) days, submit findings in
duplicate to the Commission, together with one copy of the plat received.
6.
The Commission, upon receiving the City Engineer’s report, shall, within a
reasonable time, consider said report and pass upon the preliminary plat. It shall then
set forth its recommendations in writing, whether of approval, modification, or
disapproval. In case of modification or disapproval, it shall give its reasons therefor.
The Commission shall forthwith return one copy of the approved preliminary plat to
the subdivider.
7.
Upon approval of the preliminary plat by the Commission, the subdivider
may proceed with the preparation of the final plat and detailed construction drawing
and specifications for the improvements required under this chapter.
8.
The approval of the preliminary plat by the Commission is revocable and
does not constitute final approval or acceptance of the subdivision by the Council or
authorization to proceed with construction of improvements within the subdivision,
but shall constitute approval of layout and general engineering proposals and plans.
9.
Before submitting the final plat to the Commission for approval, the
subdivider shall furnish all plans and information required by this chapter and
necessary for the detailed engineering consideration for the improvements required
and obtain the approval of the City Engineer, which shall be endorsed thereon.
10.
For final plat approval, the subdivider shall submit to the Commission:
A.
Twelve (12) paper copies and one digital copy of the final plat and
12 copies of restrictive covenants.
B.
A performance bond as required and approved by the City Engineer.
C.
Six (6) paper copies and one digital copy of the certified approved
plans, profiles, cross sections and specifications.
D.
A certificate from the City Engineer that the final plat is substantially
in accord with the preliminary plat as approved by the Commission.
11.
When the final plat has been passed upon by the Commission, twelve (12)
copies of the final plat, and the performance bond, shall forthwith be transmitted to
the Council, together with a certificate showing the action of the Commission.
12.
When the final plat has been approved by the Council, the performance bond
accepted and all twelve (12) copies duly certified, one copy shall be delivered to the
City Engineer, one copy to the Clerk and one copy to the Code Enforcement Office
for their respective files, and four copies to the subdivider for filing with the County
Recorder. If said plat is disapproved by the Council, such disapproval shall point out
in writing wherein said proposed plat is objectionable.
13.
The passage of the resolution accepting the plat shall constitute final approval
of the platting of the area shown on the final plat, but the owner shall cause such plat
to be recorded in the office of the County Recorder and shall file satisfactory
evidence of such recording in the office of the Clerk before the City shall recognize
the plat as being in full force and effect. Approval by the Council of the final plat or
of a final development plan subject to the provisions of this chapter governing the
subdivision of land shall be null and void if the plat or final development plan is not
recorded within one hundred eighty (180) days after the date of such approval, unless
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application for an extension of time is made to the Council, in writing, during said
180-day period and said application is approved.
14.
The final plat shall also be accompanied by the following at the time it is
presented for filing:
A.
A certificate by the owner and spouse, if any, that the subdivision is
with their free consent and is in accordance with the desire of the owner and
spouse. This certificate must be signed and acknowledged by the owner and
spouse before some officer authorized to take the acknowledgments of deeds;
B.
A statement from the mortgage holders or lienholders, if any, that the
plat is prepared with their free consent and in accordance with their desire,
signed and acknowledged before an officer authorized to take the
acknowledgment of deeds. An affidavit and bond as provided for in Section
354.12 of the Code of Iowa may be recorded in lieu of the consent of the
mortgage or lienholder. When a mortgage or lienholder consents to the
subdivision, a release of mortgage or lien shall be recorded for any areas
conveyed to the City or dedicated to the public.
C.
A complete abstract of title and an opinion from an attorney at law
showing that the fee title is in the proprietor and that the land platted is free
from encumbrance, or is free from encumbrance other than that secured by a
bond as provided in Section 354.11 of the Code of Iowa.
D.
A certificate of the County Treasurer that the land is free from
certified taxes and certified special assessments or that the land is free from
certified taxes and that the certified special assessments are secured by bond
in compliance with Section 354.12 of the Code of Iowa.
E.
A resolution and certificate for approval by the Council and for
signatures of the Mayor and Clerk.
F.
A certificate from the County Auditor approving the name of the
subdivision.
15.
Upon receipt of the duly certified copies of the final plat by the Commission,
the Secretary of the Commission will transmit copies of the plat, upon which have
been placed the official house numbers as determined by the City Engineer, to the
subdivider, the Iowa Public Service Company, or its successor, and the telephone
company.
16.
Receipt of the duly certified final plat by the subdivider is authorization that
such subdivider may proceed with the installation and construction of the required
improvements. The required improvements are to be completed within two (2) years.
17.
The Council will return the performance bond to the subdivider upon
certification by the City Engineer of satisfactory completion of the installation and
construction of the required improvements and acceptance of the required
improvements by the Council. Prior to certification by the City Engineer, the
subdivider shall file with the City Engineer, within 180 days after completion of
improvements, plans, profiles, and cross sections of the required improvements as
they have been built, on reproducible mylar and a CAD and ASCI file in NAD83
format (both grid and ground coordinates).
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165.08 CONTENTS OF PRELIMINARY PLAT. The preliminary plat shall be clearly
and legibly drawn to a scale of one inch to one hundred feet (1" = 100') or less and shall be
plainly marked “Preliminary Plat.” The plat shall show:
1.
The proposed name of the subdivision and, if different, the title under which
the subdivision is to be recorded.
2.
Name and address of the owner and the name, address and profession of the
person preparing the plat.
3.
The date, scale and northpoint and a key map showing the general location of
the proposed subdivision in relation to surrounding development.
4.
The legal description of the area being platted.
5.
The boundary line (accurate in scale), the dimensions and location of the
property to be platted and the location of section lines. Contour lines with intervals
of not more than five (5) feet.
6.
The names and location of adjacent subdivisions and the names of record
owners and locations of adjoining parcels of unplatted land.
7.
The location of property lines, streets and alleys, easements, buildings,
utilities, watercourses, tree masses, and other existing features affecting the plan.
8.
The zoning classification and proposed use for the area being platted.
9.
The layout, numbers, approximate dimensions and square footage of
proposed lots.
10.
The layout of all existing and proposed building lines and easements.
11.
The location, width and dimensions of all streets, alleys and grounds
proposed to be dedicated for public use.
12.
Proposed names for all streets in the area being platted.
13.
Written and signed statements explaining how and when the subdivider
proposes to provide and install all required sewers or other disposal of sanitary
wastes, water pavement, sidewalks and drainage structures.
14.
Written and signed statement from subdivider that the necessary
arrangements have been made with the respective utility companies for natural gas,
electricity, cable TV and telephone.
15.
Any restrictions proposed to be included in the owner’s declaration of plat.
(See also Section 151.15)
16.
Proposed restrictive covenants for the subdivision.
165.09 CONTENTS OF FINAL PLAT. The final plat shall be clearly and legibly drawn
to a scale of one inch to one hundred feet (1" = 100') or less as approved by the City Engineer
and in ink on reproducible mylar. The plat shall show:
1.
The title under which the subdivision is to be recorded.
2.
The name or names of the owners and subdividers.
3.
The date, scale and northpoint, and a key map showing the general location of
the proposed subdivision.
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4.
The legal description of the area being platted.
5.
Accurate distances and bearings of all boundary lines of the subdivision
including all sections, U.S. Survey and Congressional township lines.
6.
Centerlines of all proposed and adjoining streets with their right-of-way
widths and names.
7.
Lines of all lots, square footage of all lots, and a simple method of numbering
to identify all lots and blocks.
8.
All building lines and all easements provided for public service together with
their dimensions and any limitations of the easements.
9.
All dimensions necessary for accurate location of the boundaries of the site to
be developed and of all streets, lots, easements and dedicated areas. These
dimensions shall be expressed in feet and decimals of a foot.
10.
All radii, arcs, points of tangency, central angles and lengths of curves.
11.
Certification by a registered land surveyor that the final plat as shown is a
correct representation of the survey as made.
12.
All survey monuments and benchmarks, together with their description.
13.
Private restrictive covenants and their period of existence. (See also Section
151.15)
14.
The accurate outline, dimensions and purposes of all property which is
offered for dedication or is to be reserved for acquisition for public use or is to be
reserved by deed covenant for the common use of the property owners in the
subdivision.
165.10 IMPROVEMENT PLANS, PROFILES, CROSS SECTIONS. The subdivider
shall submit to the City Engineer the following plans, profiles and cross sections, drawn to a
horizontal scale of one inch to one hundred feet (1" = 100') or less and a vertical scale of one
inch to twenty feet (1" = 20') or less, and specifications for the construction of the
improvements for the subdivision as required in this regulation; all elevations shall be
referred to mean sea level:
1.
The plan and profiles of each street with tentative grades and street
intersection elevation:
2.
The cross sections of proposed streets showing the width of roadways,
present and proposed grade lines and location and size of utility mains. The cross
sections shall be taken and platted at intervals of not more than one hundred (100)
feet along the centerline unless otherwise required by the City Engineer, and shall
extend out to the sides to that point where the proposed grade intersects the existing
grade. In no case shall these cross sections be extended less than the full width of the
right-of-way. A Grading Plan may be acceptable instead of cross sections as
determined by the City Engineer.
3.
The plan and profile of proposed sanitary sewers and storm water sewers with
grades and pipe sizes indicated, and a plan of the proposed water distribution system
showing pipe sizes and location of valves and fire hydrants.
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4.
Standard specifications for the required improvements approved by the City
Engineer may be used.
5.
The grading plan for the area being developed showing all drainage features
including storm water detention facilities, rain gardens, etc.
165.11 STREET EASEMENTS WHEN LOTS LARGER THAN USUAL. Where the
parcel of land is subdivided into larger tracts than ordinarily used for building lots, such
parcel shall be divided so as to allow for the opening of major thoroughfares and the ultimate
extension of adjacent minor streets. Easements providing for the future opening and
extension of such streets or thoroughfares may, at the discretion of the Council, be made a
requirement of the plat.
165.12 RELATIONSHIP TO EXISTING STREETS. New subdivisions shall make
provisions for the continuation of the principal existing streets in adjoining areas (or their
proper projection where adjoining property is not subdivided) insofar as they may be
necessary for the public requirements.
165.13 LOCATION, WIDTH OF STREETS AND ALLEYS.
1.
The widths and locations of major thoroughfares shall conform to the widths
and locations designated on the major thoroughfare plan of the City. The minimum
width for major thoroughfares shall be eighty (80) feet.
2.
The minimum width of a minor street shall be sixty (60) feet. Where streets
adjoin unsubdivided property a half street at least thirty (30) feet in width shall be
dedicated and whenever subdivided property adjoins a half street the remainder of the
street shall be dedicated. No homes shall be constructed on half streets.
3.
Alleys need not be provided in a residential block. Alleys are required in the
rear of all business lots and shall be at least twenty (20) feet wide.
4.
All street widths in Industrial areas shall be a minimum of eighty (80) feet.
165.14 WIDTH OF ROADWAYS. The minimum roadway widths for streets shall be
thirty-one (31) feet, except that streets serving lots of one acre or larger may, with approval of
the Council, be constructed with a minimum roadway width of twenty-five (25) feet. The
minimum roadway widths for alleys shall be twenty (20) feet.
165.15 CUL-DE-SAC AND DEAD-END STREETS. Except in cases where unusual
topographic conditions may make it advisable to modify these provisions, the following shall
apply to cul-de-sacs and dead-end streets:
1.
Maximum length of five hundred (500) feet.
2.
Vehicular turnaround at the closed end of a street having a minimum radius
of sixty (60) feet and a roadway having a minimum radius of fifty (50) feet to the
exterior curbline.
3.
In the case of temporarily dead-end streets, which are stub streets designed to
provide future connection with unsubdivided areas adjoining, the Commission may
require a temporary easement for a turnaround of the nature indicated above, or an
appropriate area for a back-around, or a roadway at least twenty-seven (27) feet in
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width of not excessive length to connect the temporary dead-end with an existing
street.
165.16
STREET GRADES.
1.
Streets shall be so arranged that grades shall not exceed six percent (6%) for
major thoroughfares and eight percent (8%) for minor streets. The Commission may
permit variation from these grades where it deems modification advisable to adjust to
topographic situations.
2.
Gutter grades on paved gutters shall not be less than one-half percent (0.5%).
3.
All changes in street grades shall be connected by a vertical curve of
reasonable length to assure adequate visibility.
4.
In approaching intersections, there should be a suitable leveling of the street
at a grade generally not exceeding four percent (4%) and for a distance of generally
not less than one hundred (100) feet from the nearest line of the intersecting street.
The grade within the intersection should be as level as possible, permitting proper
drainage.
5.
All streets and alleys within the platted area which are dedicated for public
use shall be brought to the grade approved by the Council and after receiving the
report and recommendations of the City Engineer.
165.17
INTERSECTIONS.
1.
Street intersections shall be rounded by radii of at least twenty-five (25) feet
for residential areas and thirty-five (35) feet for major thoroughfares and Industrial
areas.
2.
Streets should be laid out to intersect at right angles, and may be curved
approaching the intersection in order to bring this about; no street shall intersect any
other street at an angle of less than sixty (60) degrees.
3.
The design of the intersection should be such that a clear sight distance will
be maintained for one hundred (100) feet at the roadway centerline, with no
obstruction to sight within the triangle formed by these points.
165.18 STREET NAMES AND HOUSE NUMBERS. Streets that are obviously in
alignment with others already existing and named shall bear the name of the existing streets.
The proposed names of new streets shall be shown on the final plat and such names shall not
duplicate or sound similar to existing street names. The City Engineer shall determine street
names and house numbers.
165.19 BLOCKS. No block shall be longer than 1,320 feet between street lines. An
easement near the center of the block not less than ten (10) feet wide for a crosswalk may be
required on blocks that are over 750 feet in length. The width of blocks, except for special
reasons, shall not be less than two hundred (200) feet and not more than 350 feet.
165.20
LOTS.
1.
The lot arrangement and design shall be such that all lots will provide
satisfactory building sites, properly related to topography and the character of
surrounding development.
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2.
The width and area of all lots shall conform to the requirements of the zoning
district in which located. However, no residential lot shall be less than sixty (60) feet
in width at the building line, or less than one hundred (100) feet in depth, or less than
7,500 square feet in area.
3.
The foregoing requirements apply only to residential lots served by public
sanitary sewer. In the case of lots not so served, such lots shall be of sufficient
additional area to accommodate properly a suitable private sewage disposal device.
The Commission will determine the required lot size upon report of appropriate tests
and adequate determination and recommendation of the City health officer or State
Board of Health.
4.
Corner lots shall have extra width sufficient to permit the establishment of
front building lines on both adjoining streets.
5.
In all lots so far as possible, the side lines shall be at right angles to straight
street lines or radial to curved street lines except where a variation of this rule will
provide a better street and lot layout.
6.
Double frontage and reverse frontage lots shall be avoided except where their
use will produce definite advantages in meeting special situations in relation to
topography, sound site planning and proper land use.
165.21 BUILDING LINES.
1.
Building lines conforming with zoning standards shall be shown on all lots
within the platted area. Where the subdivided area is not under zoning control, the
Commission may require building lines in accordance with the needs of each
subdivision. The minimum building line permitted for residential lots, except for lots
meeting the requirements of subsection 2, shall be twenty-five (25) feet. Provisions
shall be made by the owner’s declaration of plat, requiring all enclosed parts of
buildings to be set back to such building lines.
2.
Special building line/front yard setback requirements for lots in the R-1,
R-1A and R-2 zoning districts and having frontage on a cul-de-sac shall be as follows:
A.
Minimum of twenty (20) feet for any such lot having its entire
frontage on a cul-de-sac.
B.
For lots having a portion of their frontage on a cul-de-sac, the
minimum front yard setback shall be twenty (20) feet measured along the culde-sac frontage, and the minimum front yard setback shall be twenty-five (25)
feet measured along the portion of the frontage that is not on a cul-de-sac.
C.
The special twenty-foot minimum front yard setback requirement for
portions of lots having frontage on a cul-de-sac shall not apply to any portion
of a lot which is also subject to the 25-foot minimum front yard setback or
which is subject to other provisions of the Zoning Ordinance whereby a
greater setback is required.
These special building line/front yard setback requirements shall apply to
subdivisions platted after October 1, 1993, and shall not apply to subdivisions platted
on or before such date.
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165.22 CHARACTER OF DEVELOPMENT. The Commission and Council may require
that certain minimum regulations regarding type and character of development be
incorporated in the owner’s declaration of plat. Such regulations shall be intended to protect
the character and development of the platted subdivision, as well as that of the surrounding
development.
165.23 UTILITY EASEMENTS REQUIRED. Where alleys are not provided in the plat,
easements of not less than ten (10) feet in width shall be granted to the City by the owner on
each side of all rear and where necessary side lot lines for public utility easements.
Easements of greater width may be required along lot lines or across lots when necessary for
the extensions of main sewers or other utilities. No buildings or structures will be permitted
on easements without authorization of Council.
165.24 DRAINAGE; EASEMENTS ALONG STREAMS AND WATERCOURSES
REQUIRED. Wherever any stream or surface watercourse is located in an area that is being
subdivided, the subdivider shall, at the subdivider’s own expense, make adequate provisions
for the proper drainage of surface water and shall also provide and dedicate to the City an
easement along said streams and watercourses meeting the approval of the Commission.
Drainage provisions may include detention, retention, infiltration, rain gardens, etc. Drainage
easements shall be a minimum of twenty (20) feet but may be fifty (50) feet for drainage areas
of 100 acres or more and may be eighty (80) feet for drainage areas of 250 acres or more.
165.25 MAINTENANCE OF IMPROVEMENTS OUTSIDE CITY.
Where a
subdivision outside the corporate limits contains sewers, sewage treatment plants, water
supply systems, park areas, street trees or other physical facilities necessary or desirable for
the welfare of the area and which are of common use or benefit and which the City does not
desire to or cannot maintain, provision shall be made by trust agreements made a part of the
deed restrictions acceptable to the City for the proper and continuous maintenance and
supervision of such facilities by the lot owners in the subdivision.
165.26 MONUMENTS. Monuments shall be placed at block corners, points of curves,
change in direction along lot lines and at least lot corner in accordance with City specifications.
Monuments shall be verified and reset, if needed, before a certificate of occupancy will be
issued for the property. Monuments shall also be reestablished if a portion of a lot is sold off to
an adjoining property and original lot lines change. Monuments shall be steel rods with a
licensed land surveyor’s cap placed thereon or a mag nail if hard surface conditions exist.
165.27 PARK AND SCHOOL SITES. Where an area being subdivided includes lands
proposed to be used for parks or schools under the duly adopted official plan of the City the
subdivider shall indicate the location of such areas on the subdivision plat. Park sites within
the City limits are to be purchased within two (2) years of the recording date of the
subdivision by the City at the appraised raw land value prior to subdivision, plus one-half (½)
of the cost of grading and paving, including curbs of the portion of any streets that are
contiguous to the site. Park sites outside the City limits are to be reserved for three (3) years
giving the County Board of Supervisors or other authorized public agency option to purchase
the land at the appraised raw land value prior to subdivision, plus one-half (½) of the cost of
grading and paving, including curbs, of the portion of any streets that are contiguous to the
site School sites are to be reserved for four (4) years, giving the Le Mars Community School
District the right to purchase the land at the appraised raw land value prior to subdivision,
plus one-half (½) the cost of grading and paving, including curbs, of any streets contiguous to
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the site. Should the park or school sites not be purchased within the time limits specified
above, the subdivider may then sell them for an alternate purpose as shown on the approved
subdivision plat.
165.28 INSTALLATION, CONSTRUCTION OF IMPROVEMENTS. The subdivider
shall install and construct all improvements required by this chapter. All required
improvements shall be installed and constructed in accordance with the specifications and
under the supervision of the Council and to its satisfaction.
165.29 PAVEMENT OF ROADWAYS. All roadways shall be paved with 6-inch
Portland Cement Concrete as approved by the Council after receiving the report and
recommendations of the City Engineer. When the City requires paving depths greater than 6inch, the City shall reimburse developer for cost in excess of aforesaid 6-inch thickness.
165.30 REQUIREMENTS FOR SIDEWALKS. Sidewalks with a minimum width of
four (4) feet and a minimum thickness of four (4) inches of Portland cement concrete shall be
installed in R-1 Residential District, R-1A Medium Density Residential District, R-2
Apartment District, and all other areas the City Council deems necessary to insure public
safety, according to the following procedures:
1.
Sidewalk grades shall be provided by the subdivider prior to approval and
acceptance of the final plat of a new subdivision. Said sidewalk grades shall be
approved by the Council upon acceptance of the final plat after receiving the report
and recommendation of the City Engineer.
2.
Sidewalks shall be constructed on a lot or lots by property owners as a
requirement of the building permit. An occupancy permit for any dwelling or
building shall not be issued until said sidewalk has been constructed.
3.
An individual owning two (2) adjacent lots or portions of lots shall construct
sidewalks on both.
4.
Sidewalks shall be constructed and installed in any subdivision by the
property owners, in all blocks where eighty percent (80%) of the lots have been
improved.
165.31 WATER CONNECTIONS REQUIRED. Where a public water main is
reasonably accessible, the subdivider shall connect with such water main and provide a water
connection for each lot in accordance with standards, procedures and supervision of the City.
In addition to providing a water connection for each lot, the subdivider is also required to run
the water main to the boundaries of the subdivision unless this requirement is waived by the
Council.
165.32 SEWERS AND SEWAGE DISPOSAL.
1.
Where a public sanitary sewer is reasonably accessible, the subdivider shall
connect or provide for the connection with such sanitary sewer, and shall provide
within the subdivision the sanitary sewer system required to make the sewer
accessible to each lot in the subdivision. In addition to making the sanitary sewer
accessible to each lot the subdivider is also required to run the sanitary sewer line to
the boundaries of the subdivision unless this requirement is waived by the Council.
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Sewer systems shall be approved by the Council and the Iowa Department of Natural
Resources and the construction subject to the supervision of the City Engineer.
2.
Where sanitary sewers are not available, other facilities, as approved by the
Council and the Iowa Department of Natural Resources must be provided for the
adequate disposal of sanitary wastes.
165.33 MANDATORY RESIDENT INSPECTION BY THE CITY ENGINEER OR
AUTHORIZED REPRESENTATIVE.
1.
The City Engineer or authorized representative shall provide resident
inspection in behalf of the subdivider, the cost of such inspection to be paid by the
subdivider to the City prior to final acceptance of required improvements.
2.
“Resident inspection” means either the City Engineer or a full-time
construction inspector, appointed by the City Engineer, who shall be on site and
perform inspection duets during, but not limited to, the following stages of
construction:
A.
The construction of all underground or concealed work, including
water mains, sanitary and storm sewers and water and sanitary sewer service
lines.
B.
Installation and placement of all concrete pavement for streets and
sidewalks.
C.
Performance of all quality control tests, including pressure and
bacterial tests for water mains, infiltration/exfiltration test for sanitary sewer
lines and manholes, lamping and/or closed circuit television tests for sanitary
sewer and/or storm sewer lines, utility trench compaction tests, embankment
and fill compaction tests, pavement subgrade compaction tests, concrete
strength tests and such other tests as be deemed necessary by the City
Engineer or authorized representative.
3.
The foregoing mandatory resident inspection provisions shall not in any way
limit the responsibility of the subdivider for all construction, and the subdivider shall
otherwise be fully responsible for the staking and location of required improvements
which are the subject of inspection.
165.34 ELECTRIC AND GAS EXTENSIONS. Electric and gas connections will be
provided for each lot in accordance with standards and procedures of the City. Electricity and
gas will be extended to the boundaries of the subdivision by the subdivider unless this
requirement is waived by the Council.
165.35 STREET LIGHTING. All street lights will be installed in accordance with
standards and procedures of the City. Street light poles will be of the standard wood design
and the fixtures will be standard type fixtures unless this requirement is waived by the
Council.
165.36 SEEDING OF UNDEVELOPED LOTS. Developers of any subdivision for which
the final plat is approved by the Council on or after September 4, 1990, shall be required to
seed any dedicated street right-of-way and all undeveloped lots within thirty (30) days of the
street and public utilities being installed. Said seeding is to be rye or brome grasses or oats or
other type of seed as approved by the City Engineer.
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165.37 EROSION CONTROL AND DRAINAGE MEASURES. Developers of any
subdivision shall install or cause to be installed acceptable erosion control and drainage
measures such as diversion channels, swales, retention basins, erosion control synthetic
fabric, silt fencing, ditch checks stone/rock rip-rap in all locations where there is a potential
for soil erosion and water movement both during and after earthwork and grading operations.
Permanent erosion control and drainage measures may be required, as determined by the City
Engineer, which shall be incorporated into the development scheme of the subdivision and
approved by the Commission and Council.
1.
Upon the requirement of permanent erosion control or drainage measures as
determined by the City Engineer and incorporated into the development scheme of a
subdivision pursuant to this section, each individual titleholder to a piece of real
estate located within that subdivision upon which such a measure is located shall be
responsible for its maintenance and preservation. Any altering of the flow of runoff
or failure to maintain the drainage system will subject the titleholder of the real estate
to fines and costs to restore the measure to its intended status, as well as any and all
other remedies available to the City under Iowa law. These remedies may include but
are not limited to restoration of the drainage measure, construction of a new drainage
measure or system as approved by the City Engineer, maintenance of the existing
measure or system, or any combination of remedies in order to ensure that the original
flow specified in the subdivision scheme is compatible with that scheme in the sole
discretion of an appointed City Engineer.
2.
Within fourteen (14) days of written notice of the infraction, the titleholder to
a piece of real estate upon which such measure was originally located in the
subdivision scheme and is no longer properly maintained or preserved the land owner
must file with the City Clerk a plan to restore the drainage characteristics as
originally set forth in the subdivision development scheme or an alternative plan
certified by a professional engineer licensed in the State of Iowa along with a time
table as to when the work will be done. The City Engineer upon review of such plan
and time table may in his or her sole discretion approve or disapprove such plan and
timetable or amend them as he or she believes best suits the situation. The City
Engineer will inspect the drainage measures at time of any new construction on
affected real estate and will be responsible for giving notice to titleholders should any
violations of the drainage measures take place.
3.
When emergency measures are necessary to moderate a nuisance, to protect
public safety, health, and welfare, and/or to prevent loss of life, injury, or damage to
property, the City is authorized to carry out or arrange for all such emergency
measures. Titleholders of real estate property in which such measures are necessary
upon their land shall be responsible for the cost of such measures and shall promptly
reimburse the City for all such costs.
165.38 INFRASTRUCTURE DESIGN CRITERIA. The City’s Infrastructure Design
Criteria is periodically updated by the City Engineer and shall be made available to
developers upon request prior to planning a subdivision.
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AIRPORT ZONING REGULATIONS
166.01
166.02
166.03
166.04
166.05
166.06
Definitions
Administrative Agency
Airport Zones and Airspace Height Limitations
Use Restrictions
Lighting
Variances
166.01
166.07
166.08
166.09
166.10
166.11
Board of Adjustment
Vote on Variations or Orders
Judicial Review
Conflicting Regulations
Penalties
DEFINITIONS. As used in this chapter, unless the context otherwise requires:
1.
“Airport” means the Le Mars Municipal Airport.
2.
“Airport elevation” means the highest point of an airport’s usable landing
area measured in feet above mean sea level, which elevation is established to be 1,196
feet.
3.
“Airport hazard” means any structure or tree or use of land which would
exceed the Federal obstruction standards as contained in fourteen (14) Code of
Federal Regulations Sections 77.21, 77.23 and 77.25 and which obstructs the airspace
required for the flight of aircraft and landing or takeoff at an airport or is otherwise
hazardous to such landing or taking off of aircraft.
4.
“Airport primary surface” means a surface longitudinally centered on a
runway. When the runway has a specially prepared hard surface, the primary surface
extends two hundred (200) feet beyond each end of that runway. The width of the
primary surface of a runway will be that width prescribed in Part 77 of the Federal
Aviation Regulations (FAR) for the most precise approach existing or planned for
either end of that runway. The elevation of any point on the primary surface is the
same as the elevation of the nearest point on the runway centerline.
5.
“Airspace height” means for the purpose of determining the height limits in
all zones set forth in this chapter and shown on the zoning map, the datum shall be
mean sea level elevation unless otherwise specified.
6.
“Control zone” means airspace extending upward from the surface of the
earth which may include one or more airports and is normally a circular area of five
(5) statute miles in radius, with extensions where necessary to include instrument
approach and departure paths.
7.
“Instrument runway” means a runway having an existing instrument approach
procedure utilizing air navigation facilities or area type navigation equipment, for
which an instrument approach procedure has been approved or planned.
8.
“Minimum descent altitude” means the lowest altitude expressed in feet
above mean sea level, to which descent is authorized on final approach or during
circle-to-land maneuvering in execution of a standard instrument approach procedure,
where no electronic glide slope is provided.
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9.
“Minimum en route altitude” means the altitude in effect between radio fixes
which assures acceptable navigational signal coverage and meets obstruction
clearance requirements between those fixes.
10.
“Minimum obstruction clearance altitude” means the specified altitude in
effect between radio fixes on VOR airways, off-airways routes, or route segments
which meets obstruction clearance requirements for the entire route segment and
which assures acceptable navigational signal coverage only within twenty-two (22)
miles of a VOR.
11.
“Nonprecision Instrument Runway” means a runway having an existing
instrument approach procedure utilizing air navigation facilities with only horizontal
guidance, or area type navigation equipment, for which a straight-in nonprecision
instrument approach procedure has been approved or planned.
12.
“Runway” means a defined area on an airport prepared for landing and
takeoff of aircraft along its length.
13.
“Visual Runway” means a runway intended solely for the operation of
aircraft using visual approach procedures with no straight-in instrument approach
procedure and no instrument designation indicated on a FAA approved airport layout
plan, military services approved military airport layout plan, or by any planning
document submitted to the FAA by competent authority.
166.02 ADMINISTRATIVE AGENCY. It is the duty of the City’s Planning and Zoning
Commission (the “Commission”) to administer the regulations prescribed herein.
Applications for permits and variances shall be made to the Commission and to the Plymouth
County Zoning Commission upon forms furnished by the said commissions. Applications
required by this chapter to be submitted to the administrative agency shall be promptly
considered and granted or denied. Application for action by the Board of Adjustment shall be
forthwith transmitted by the Commission or the County Zoning Commission.
166.03 AIRPORT ZONES AND AIRSPACE HEIGHT LIMITATIONS. In order to
carry out the provisions of this section, there are hereby created and established certain zones
which are depicted on the Municipal Airport Height Zoning Map. A structure located in more
than one zone of the following zones is considered to be only in the zone with the more
restrictive height limitations. The various zones are hereby established and defined as
follows:
1.
Horizontal Zone. The land lying under a horizontal plane one hundred fifty
(150) feet above the established elevations, the perimeter of which is constructed by
swinging arcs of five thousand (5,000) feet radii from the center of each end of the
primary surface of runways eighteen (18) and thirty-six (36) and connecting the
adjacent arcs by lines tangent to those arcs. No structure shall exceed one hundred
fifty (150) feet above the established airport elevation in the horizontal zone, as
depicted on the Municipal Airport Height Zoning Map.
2.
Conical Zone. The land lying under a surface extending outward and upward
from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a
horizontal distance of four thousand (4,000) feet. No structure shall penetrate the
conical surface in the conical zone, as depicted on the Municipal Airport Height
Zoning Map.
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3.
Approach Zone. The land lying under the surface longitudinally centered on
the extended runway centerline and extending outward and upward from each end of
the primary surface.
(Note: An approach surface is applied to each end of each runway based upon the
type of approach available or planned for that runway end.)
A.
The inner edge of the approach surface is (visual and nonprecision
instrument runway) 500 feet wide for runways 18 and 36.
B.
The outer edge of the approach zone is:
(1)
(Visual other than utility runways) 1,500 feet for runway 36.
(2)
(Nonprecision instrument utility runways) 2,000 feet for
runway 18.
C.
The approach zone extends for a horizontal distance of (all visual and
nonprecision utility runways) 5,000 feet at a slope of 20 to 1 for runways 36
and 18.
No structure shall exceed the approach surface to any runway, as depicted on the
Municipal Airport Height Zoning Map.
4.
Transitional Zone. The land lying under those surfaces extending outward
and upward at right angles to the runway centerline and the runway centerline
extended at a slope of seven (7) to one (1) from the sides of the primary surface and
from the sides of the approach surfaces. No structures shall exceed the transitional
surface, as depicted on the Municipal Airport Height Zoning Map.
5.
Minimum Altitude Standards. No structure shall be erected in the City or in
the County that raises the published minimum descent altitude for an instrument
approach to any runway, nor shall any structure be erected that causes the minimum
obstruction clearance altitude or minimum en route altitude to be increased on any
Federal airway in the City or County.
166.04 USE RESTRICTIONS. Notwithstanding any other provisions of 166.03, no use
may be made of land or water within the City or County in such a manner as to interfere with
the operation of any airborne aircraft. The following special requirements shall apply to each
permitted use:
1.
Lighting. All lights or illumination used in conjunction with streets, parking,
signs or use of land and structures shall be arranged and operated in such a manner
that it is not misleading or dangerous to aircraft operating from the Municipal Airport
or in the vicinity thereof.
2.
Visual Hazards. No operation from any use shall produce hazardous smoke,
hazardous glare or other visual hazards within three (3) statute miles of any usable
runway of the Municipal Airport except existing conditions.
3.
Electronic Interference. No operation from any use in the City or County
shall produce electronic interference with navigation signals or radio communication
between the airport and aircraft.
166.05 LIGHTING. Notwithstanding the provisions of 166.04, the owner of any structure
over two hundred (200) feet above ground level must install on the structure lighting in
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CHAPTER 166
accordance with Federal Aviation Administration (FAA), Advisory Circular 70-7460-1D and
amendments. Additionally, any structure constructed after the effective date of this chapter
(January 15, 1980) and exceeding nine hundred forty-nine (949) feet above ground level, must
install on that structure high intensity white obstruction lights in accordance with Chapter 6 of
FAA Advisory Circular 7460-1D and amendments. Any permit or variance granted may be so
conditioned as to require the owner of the structure or growth in question to permit the City or
County at its own expense to install, operate and maintain thereto such markers or lights as
may be necessary to indicate to pilots the presence of an airspace hazard.
166.06 VARIANCES. Any person desiring to erect or increase the height of any structure,
or to permit the growth of any tree, or otherwise use property in violation of any section of
this chapter, may apply to the Board of Adjustment for variance from such regulations. No
application for variance to the requirements of this chapter may be considered by the Board of
Adjustment unless a copy of the application has been submitted to Commission for an opinion
as to the aeronautical effects of such a variance. If the Commission does not respond to the
Board of Adjustment within fifteen (15) days from receipt of the copy of the application, the
board may make its decision to grant or deny the variance.
166.07 BOARD OF ADJUSTMENT. The existing Zoning Board of Adjustment is
granted the authority to exercise the following powers:
1.
Appeals. To hear and decide appeals from any order, requirement, decision,
or determination made by the Commission in the enforcement of this chapter.
2.
Special Exemptions. To hear and decide special exemptions to the terms of
this chapter upon which such Board of Adjustment under such regulations may be
required to pass.
3.
Variances. To hear and decide specific variances.
166.08 VOTE ON VARIATIONS OR ORDERS. The concurring vote of a majority of
the members of the Board of Adjustment shall be sufficient to reverse any order, requirement,
decision or determination of any administrative official or to decide in favor of the applicant,
on any matter upon which it is required to pass under this chapter, or to effect variations of
this chapter.
166.09 JUDICIAL REVIEW. Any person aggrieved, or any taxpayer affected, by any
decision of the Board of Adjustment, may appeal to the court of record as provided in the
Code of Iowa, Section 414.15.
166.10 CONFLICTING REGULATIONS. Where there exists a conflict between any of
the regulations or limitations prescribed in this chapter and any other regulations applicable to
the same area, whether the conflict be with respect to height of structures, the use of land, or
any other matter, the more stringent limitation or requirement shall govern and prevail.
166.11 PENALTIES. Each violation of this chapter or of any regulation, order, or ruling
promulgated hereunder shall constitute a simple misdemeanor, and each day a violation
continues to exist shall constitute a separate offense.
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CHAPTER 167
ZONING REGULATIONS
167.01
167.02
167.03
167.04
167.05
167.06
167.07
167.08
167.09
167.10
167.11
167.12
167.13
Title, Intent and Purpose
Definitions
Districts Established; General Requirements
“R” Rural District
“RC” Conservation District
“R-1” Residential District
“R-1A” Medium Density Residential District
“R-2” Apartment District
“B-1” Neighborhood Business District
“B-2” General Business District
“B-3” Central Business District
“I-1” Light Industrial District
“I-2” General Industrial District
167.14
167.15
167.16
167.17
167.18
167.19
167.20
167.21
167.22
167.23
167.24
167.25
“I-3” Heavy Industrial District
Other Use Regulations
Height Regulations
Yard Regulations
Density Regulations
Off-Street Parking and Loading Regulations
Nonconforming Uses
Zoning Board of Adjustment
Administration and Enforcement
Amendments
Interpretation
Violations and Penalty
167.01 TITLE, INTENT AND PURPOSE. These regulations may be referred to as the
“Zoning Ordinance of the City of Le Mars, Iowa.” These regulations have been based upon
the comprehensive plan for the City, which was adopted by the Council on March 20, 1962.
Said comprehensive plan included estimates of population growth, land use surveys, a land
use plan, plans for major thoroughfares, other transportation facilities, community facilities,
public services and utilities, and a public works program.
1.
Need for public services and facilities in both size and location depends upon
the character and intensity of land use. Regulation of the use of land is thus
fundamental to a coordinated optimum physical development of the community. The
land use regulations are intended to be the foundation of the entire process of
improvement of the physical environment.
2.
The regulations are intended to preserve and protect existing property uses
and values against adverse or unharmonious adjacent uses.
3.
The land use regulations divide the area into a number of zoning districts.
A.
Because of poor drainage, steep slopes and other adverse natural
conditions some land areas should be kept in their natural state. These would
be placed in a conservation district.
B.
The comprehensive plan included careful estimates of the land area
requirements for the various land uses such as commerce, residence, industry,
transportation and public uses. These urban uses should be directed into that
land area where they may be most efficiently served by public services and
facilities such as sewers, water, schools, parks, and the like. Remaining lands
should be reserved for rural uses. Consequently, the regulations include a
rural district for nonurban land uses.
C.
In the past, residential neighborhoods have deteriorated because they
were invaded by small isolated commercial uses and by more intensive
residential uses. The great majority of our population desire to, and do, live
in single-family homes which they own and which are located on fairly large
lots. The regulations establish residential districts particularly designed to
provide maximum protection for single-family homes.
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D.
Other residential districts are established for two-family homes and
for apartments. Density, yard, and parking regulations would insure good
living conditions in these areas. Much of the present day building is by large
projects instead of lot by lot. The regulations provide for “large-scale
developments” (two [2] acres or more) which may be located in any
residential district with approval of the site plan and with conformity of the
plan to the overall density standards of the district. This introduces an
important measure of flexibility into the regulations.
E.
Commercial districts recognize the different types of commercial
areas that will be needed by the future growth of the community. There is a
zoning district for the neighborhood commercial area, i.e., the grocery storedrug store complex serving the adjacent residential neighborhoods. For the
more widely used commercial areas along major streets and highways, there
is a general commercial district. There is a central commercial district for the
downtown area.
F.
For industry there are three (3) districts-a light industrial district for
the modern organized industrial area with landscaped frontage yards and no
open storage, a general industrial district which allows more freedom in the
use of space and a heavy industrial district with its unrestricted use.
4.
It is not the law or policy of the City to disallow plans and specifications of a
proposed residential structure solely because the proposed structure is a manufactured
home as defined by Section 414.28 of the Code of Iowa and manufactured or
constructed under the authority of 42 U.S.C. Section 5403. Further, the City shall not
adopt or enforce zoning regulations or other ordinances which disallow the plans and
specifications of a proposed residential structure solely because the proposed
structure is a manufactured home. This statement of intent and purpose shall be
construed as the adoption by the City of the requirements of said Section 414.28 of
the Code of Iowa and the adoption of the National Manufactured Housing
Construction and Safety Standards Act, 42 U.S.C. Sections 5401-5426.
167.02 DEFINITIONS. For the purpose of this chapter, the following words and phrases
shall have the following meaning:
1.
“Accessory buildings and uses.” An accessory building is a subordinate
building or a portion of the main building, the use of which is clearly incidental to, or
customarily found in connection with, and (except as otherwise provided in this
chapter) located on the same lot as, the use of the main building or principal use of
the land. An accessory use is one which is clearly incidental to, or customarily found
in connection with, and (except as otherwise provided in this chapter) on the same lot
as, the main use of the premises. When “accessory” is used in the text, it shall have
the same meaning as “accessory use.”
2.
“Agricultural activity.” Agricultural activity, including forests and forest
products, harvest and management, dairy farming, livestock grazing and pasturage,
truck gardening, the raising of crops, fruit and nursery stock, fish farms, animal
kennels and fur-bearing animal farms, and the harvesting, processing, packaging,
packing, shipping, and selling of products produced on the premises, and incidental
farm occupations and uses such as machinery, farm equipment and domestic repair
and construction, excluding commercial feed lots.
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3.
“Alley.” A public right-of-way which affords only a secondary means of
access to abutting property.
4.
“Apartment.” See “dwelling unit.”
5.
“Automobile service station.” Any land, building, structure or premises used
for the sale, at retail, of motor vehicle fuels, oils, or accessories or for serving or
lubricating motor vehicles or installing or repairing parts and accessories, but not
included the repairing or replacing of bodies or fenders of motor vehicles, or painting
of motor vehicles or operation of public garages.
6.
“Basement.” A story having part but not more than one-half (½) of its height
below grade. A basement is counted as a story for the purposes of height regulation if
subdivided and used for dwelling purposes other than by a janitor employed on the
premises.
7.
“Bed and breakfast homes.” A house or portion thereof where short-term
lodging, rooms and meals are provided. The operator shall live on the premises.
8.
“Bistro.” A home occupation providing private dining, reservation-only,
onsite dining only, with off-street parking requirements to conform to the number of
stalls required for restaurants. Maximum seating capacity shall be no greater than 40
persons. The operator shall live on the premises.
9.
“Block front.” All of the property on one side of a street between two
intersecting streets or between an intersecting street and the dead end of a street.
10.
“Boardinghouse.” A building, other than a hotel or apartment hotel where,
for compensation and by prearrangement for definite periods, lodging, meals, or
lodging and meals are provided for three (3) or more persons.
11.
“Building.” Any structure including a roof supported by walls, designed or
intended for the support, enclosure, shelter or protection of persons, animals, chattels
or property and forming a construction that is safe and stable; the word "building"
shall include the word “structure.”
12.
“Building, height of.” The vertical distance from the grade (elevation of the
curb, sidewalk or average elevation of the ground around the street) 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 or gambrel roofs.
13.
“Building Official.” The individual designated to administer the zoning
ordinance and who is responsible for the enforcement of the regulations imposed by
said ordinance.
14.
“Cellar.” A portion of a building located partly or wholly underground and
having one-half or more of its floor-to-ceiling height below the average grade of the
adjoining ground.
15.
“Clinic.” An establishment where patients are not lodged overnight, but are
admitted for examinations and treatment by a group of physicians or dentists
practicing medicine together.
16.
“Club, private.” Permanent nonpublic buildings and facilities owned or
operated by a corporation, association, person or persons for the purpose of rendering
a service to its membership and their guests only.
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17.
“Commission” or “Planning Commission.” The City Planning and Zoning
Commission of Le Mars.
18.
“Conditional use.” A use allowed in a zoning district after a permit is granted
by the Board of Adjustment in accordance with the provisions of Section 167.20.
19.
“Dwelling.” Any building or portion thereof designed or used exclusively for
residential purposes.
20.
“Dwelling, single-family.” A building designed for use or occupied
exclusively by one family which may include not more than two (2) roomers or
boarders not members of the family.
21.
“Dwelling, two-family.” A building designed for or occupied exclusively by
two (2) families which may include not more than two (2) roomers or boarders not
members of either family.
22.
units.
“Dwelling, multiple.” A dwelling containing more than two (2) dwelling
23.
“Dwelling unit.” A room or group of rooms within a dwelling and forming a
single habitable unit with facilities for living, sleeping and cooking.
24.
“Family.” One or more persons related by blood, marriage or adoption
occupying a dwelling and living as a single housekeeping unit and doing their own
cooking on the premises.
25.
“Floor area.” The sum of the gross horizontal areas of all floors of a building
measured from the exterior faces of the exterior walls or from the center line of walls
separating buildings, but not including cellar or basement space not used for retailing
and not including accessory off-street parking or loading space.
26.
lot.
“Floor area ratio.” The floor area of the building divided by the area of the
27.
“Garage, private.” An accessory building used only for the housing of motor
vehicles, without their equipage for operation, repair, hire or sale.
28.
“Garage, public.” A garage other than a private garage.
29.
“Home occupation.” Any occupation or activity which is clearly incidental
and secondary to use of the premises for dwelling and which is carried on wholly
within a main building or accessory building by a member of a family residing on the
premises, in connection with which there is no advertising other than an identification
sign of not more than two (2) square feet in area, and no other display or storage of
materials or exterior indicating of the home occupation or variation from the
residential character of the main building or accessory building; and in connection
with which not more than one person outside the family is employed and no
equipment used which created offensive noise, vibration, smoke, dust, odors, heat or
glare, When within the above requirement, a home occupation includes, but is not
limited to, the following: (a) art studio; (b) beauty parlor; (c) dressmaking; (d)
professional office of a physician, dentist, lawyer, engineer, architect, accountant,
salesman, real estate agent, insurance agent or other similar occupation; (e) teaching,
with musical instruction limited to one or two pupils at a time; and (f) bistro;
however, a home occupation shall not be interpreted to include barber shops, stores
and restaurants.
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30.
“Hotel.” A building in which lodging is provided and offered to the public
for compensation and which is open to transient guests, in contradistinction to a
boardinghouse or lodging house as herein defined.
31.
“Kennel.”
An establishment where small animals are boarded for
compensation or where dogs are bred or raised on a commercial scale.
32.
“Lodging or rooming house.” Same as “Boardinghouse.”
33.
“Lot.” A parcel or land occupied or intended for occupancy by a use
permitted in this chapter, including one main building together with its accessory
building, and the open spaces and parking spaces required by this chapter and having
its principal frontage upon a street.
34.
“Lot, corner.” A lot abutting upon two or more streets at their intersections.
35.
lines.
“Lot, depth.” The mean horizontal distance between the front and rear lot
36.
“Lot, double frontage.” A lot having a frontage on two nonintersecting roads,
as distinguished from a corner lot.
37.
“Lot, interior.” A lot other than a corner lot.
38.
“Lot of record.” A lot or parcel of land, the deed to which has been recorded
in the office of the County Recorder of Plymouth County prior to March 8, 1962.
39.
“Lot, width.” The width of a lot at the front yard line.
40.
“Major, thoroughfare.” A street designated as a major thoroughfare on the
official comprehensive plan of the City.
41.
“Manufactured home.” A factory-built, single-family structure, which is
manufactured or constructed under the authority of 42 U.S.C. Sec. 5403, Federal
Manufactured Home Construction and Safety Standards, and is to be used as a place
for human habitation, but which is not constructed with a permanent hitch or other
device allowing it to be moved other than of 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 purposes of these
regulations, a manufactured home shall be considered the same as any site-built,
single-family detached dwelling.
42.
“Mobile home.” Any vehicle without motive power used or so manufactured
or constructed as to permit its being used as a conveyance upon the public streets and
highways and so designed, constructed or reconstructed as will permit the vehicle to
be used as a place for human habitation by one or more persons; but shall also include
any such vehicle with motive power not registered as a motor vehicle in Iowa. A
mobile home is factory-built housing built 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 appurtenances 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 chapter
shall be construed as permitting a mobile home to be located in other than an
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approved mobile home park, unless such mobile home is classified as a
"manufactured home."
43.
“Mobile home court.” An area where one or more inhabited mobile homes
can be or are intended to be parked.
44.
“Modular home.” 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.
45.
“Motel, motor court, motor lodge or tourist court.” Any building or group of
buildings containing guest rooms or dwelling units, some or all of which have a
separate entrance leading directly from the outside of the building with garage or
parking space conveniently located on the lot, and designed, used, or intended wholly
or in part for the accommodation of automobile transients.
46.
“Nonconforming use.” Any building or land lawfully occupied by a use
before March 8, 1962, and which does not conform with the use regulations of the
district within which it is located.
47.
“Nursing home.” A home for the aged or infirm in which three (3) or more
persons not of the immediate family are received, kept or provided with food and
shelter, or care for compensation; but not including hospitals, clinics, or similar
institutions devoted primarily to the diagnosis and treatment of the sick or injured.
48.
“Parking space.” A surfaced area, enclosed or unenclosed, sufficient in size
to store one automobile (not less than nine (9) feet wide and twenty (20) feet long)
connected to a public street or alley by a surfaced driveway and permanently reserved
for the parking or storage of one motor vehicle.
49.
“Plat, lot.” A drawing of a lot showing its dimensions, the building
arrangement thereon and such other information as may be needed for enforcement of
this chapter.
50.
“Premises.” A lot, together with all buildings and structures thereon.
51.
“Public improvements.” Public improvements shall be defined in accordance
with Section 384.95 of the Code of Iowa, and as amended.
52.
“Restaurant.” A use engaged in the preparation and retail sale of food and
beverages, including sale of alcoholic beverages when conducted as an accessory or
secondary feature and producing less than fifty percent (50%) of the gross income.
Typical uses include restaurants, coffee shops, dinner houses and similar
establishments with incidental alcoholic beverages service.
53.
“Servants’ quarters.” An accessory building or portion of the main building
located on the same lot as the main building and used as living quarters for servants
employed on the premises and not rented to otherwise used as a separate domicile and
containing no kitchen facilities.
54.
“Sign.” A sign is any structure or part hereof, or any device attached to,
painted on or represented on a building or other structure, upon which is displayed or
included any letter, work, model, banner, flag, pennant, insignia, decoration, device or
representation used as or which is in the nature of an announcement, direction,
advertisement or other attention-directing device. A sign shall not include a similar
structure or device located within a building except for illuminated signs within show
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windows. A sign includes any billboard, but does not include the flag, pennant or
insignia of any nation or association of nations or of any state, city or other political
unit or of any political, charitable, educational, philanthropic, civic, professional,
religious or like campaign, drive, movement or event.
55.
“Sign area.” That area within a line including the outer extremities of all
letters, figures, characters and delineations or within a line including the outer
extremities of the framework or background of the sign, whichever line includes the
larger area. The support for the sign background, whether it be columns, a pylon or a
building or part thereof, shall not be included in the sign area.
56.
“Story.” That portion of a building, other than a basement, included between
the surface of any floor and the surface of the floor next above it or, if there is no
floor above it, the space between the floor and the ceiling next above it. A half-story
is a partial story under a gable, hip or gambrel roof, the wall plates of which on at
least two (2) opposite exterior walls are not more than four (4) feet above the floor of
each story.
57.
“Street.” A street is a public right-of-way which affords traffic circulation
and a principal means of access to abutting property. An alley shall not be considered
a street.
58.
“Structural alteration.” Any change in structural members of a building, such
as walls, columns, beams or girders.
59.
“Structure.” Any constructed or erected, the use of which requires permanent
location on the ground.
60.
“Town house.” A building that has one-family dwelling units erected in a
row as a single building, on adjoining lots, each being separated from the adjoining
unit or units by a masonry party wall or walls extending from the basement floor to
the roof along the dividing lot line, and each such building being separated from any
other building by space on all sides, provided that no more than six (6) dwelling units
shall be contained in any one building.
61.
“Travel trailer.” A vehicle designed for temporary or vacation living or used
to carry units so designed.
62.
“Travel trailer camp.” An area where one or more travel trailers can be
parked for periods not exceeding two (2) weeks.
63.
“Yard.” An open space on the same lot with a building unobstructed from the
ground upward and measured as the minimum horizontal distance between the lot line
and main building.
64.
“Yard, front.” A yard extending across the front of a lot between the side lot
lines, and being the minimum horizontal distance between the street line and the main
building or any projections thereof other than the projections of uncovered steps,
uncovered balconies, terrace or uncovered porches. On corner lots the front yard
shall be considered as parallel to the street upon which the lot has its least dimension.
65.
“Yard, rear.” A yard extending across the rear of the lot between the side lot
lines and measured between the rear lot line and the rear of the main building or any
projection other than steps, unenclosed porches or entranceways.
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66.
“Yard, side.” A yard between the main building and the side line of the lot,
and extending from the front yard line to the rear yard, and being the minimum
horizontal distance between side lot line and side of the main buildings or any
projections thereof.
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167.03
ZONING REGULATIONS
DISTRICTS ESTABLISHED; GENERAL REQUIREMENTS.
1.
For the purpose of this chapter, the City is hereby divided into eleven (11)
zoning districts to be known as follows (additional regulations, Section 167.15 167.20):
“R”
Rural District
“RC”
Conservation District
“R-1”
Residential District
“R-1A”
Medium Density Residential District
“R-2”
Apartment District
“B-1”
Neighborhood Business District
“B-2”
General Business District
“B-3”
Central Business District
“I-1”
Light Industrial District
“I-2”
General Industrial District
“I-3”
Heavy Industrial District
The boundaries of these districts are shown on the “Zoning Map” which accompanies
and is made a part of this chapter. The most current original of this map is on file at
City Hall, and said map and all the information shown thereon shall have the same
force and effect as if fully set forth or described herein.
2.
No building shall be erected, converted, enlarged, moved or structurally
altered, nor shall any building or premises be used for any purpose other than those
permitted in the district in which such building or premises is located. No building
shall be erected, enlarged, moved or structurally altered except in conformity with the
height, yard, area per family, parking and other regulations prescribed herein for the
district in which such lot is located; every part of a required yard shall be open to the
sky and unobstructed, except as hereinafter provided, and no yard or lot area shall be
reduced so as to be smaller than the applicable district requirements.
3.
Every building hereafter erected or structurally altered shall be located on a
lot as defined in this chapter and, except as otherwise provided in this chapter, in no
case shall more than one residential building be located on a lot. No cellar or
basement shall be used as a dwelling prior to substantial completion of the dwelling
of which it is a part.
4.
All territory which may hereafter be annexed to the City shall be classified in
the “R” Rural District until, within a reasonable time following annexation, the
annexed territory shall be appropriately classified by ordinance in accordance with
Section 167.23 of this chapter.
5.
Cooperatives, condominiums and all other forms of property ownership do
not affect the provisions of these regulations and all requirements shall be observed as
though the property were under single ownership.
6.
Public improvements shall not be subject to the provisions of this chapter.
The City may in its discretion place public improvements at any location, irrespective
of this chapter, which it deems is in the best interest of the City and its citizens.
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167.04 “R” RURAL DISTRICT. In the “R” Rural District, a building or premises shall be
used only for the following purposes (additional regulations, Section 167.15 - 167.20):
1.
Permissive Uses:
A.
Agricultural activity.
B.
Single-family dwelling.
C.
Park or forest preserve.
D.
Church, parish hall, temple, convent or monastery.
E.
Public school, elementary and high, or private school having a
curriculum equivalent to a public elementary or public high school and
having no rooms regularly used for housing or sleeping purposes.
F.
Large-scale residential development in accordance with the
provisions of Section 167.15.
G.
Golf course, except miniature course or driving range.
H.
Roadside stand for the seasonal display or sale of agricultural
products raised on the premises, provided such stand shall be removed during
any season when not in use.
I.
2.
Greenhouse or nursery.
Conditional Uses:
A.
Extraction of coal, sand or gravel.
B.
Airport.
C.
Public building erected by any governmental agency.
D.
Hospital, nursing home and educational, religious and philanthropic
institution on sites of not less than five (5) acres.
E.
New cemetery on site of not less than twenty (20) acres or
enlargement of existing cemetery.
F.
Privately operated outdoor recreational facility, including riding
stable, lake, swimming pool, tennis court and golf course on site of not less
than five (5) acres.
G.
Mobile home court in accordance with the provisions of Section
167.15.
H.
Public utility or public service use, building or structure, including
such things as an electric substation, water tower, sanitary lift station or
pipeline regulating station.
I.
Radio or television broadcasting station or tower.
J.
Sanitary landfill.
K.
Hospital or clinic for animals provided that if large animals are to be
treated, such hospital shall be located on a tract of land of not less than ten
(10) acres and that no treatment rooms or pens for large animals shall be
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maintained closer than two hundred (200) feet to any property line, and
further provided that if open kennels are to be provided no such kennel shall
be located closer than two hundred (200) feet to any property line.
L.
Travel trailer camp on site of not less than three (3) acres.
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167.05 “RC” CONSERVATION DISTRICT. In the “RC” Conservation District a
building or premises shall be used only for the following purposes (additional regulations,
Section 167.15 - 167.20):
1.
2.
Permissive Uses:
A.
Agricultural activity, but not including a dwelling unit.
B.
Park or forest preserve.
C.
Golf course.
Conditional Uses:
A.
Extraction of coal, sand or gravel.
B.
Privately operated outdoor recreational facility, including riding
stable, lake swimming pool, tennis court and golf course on site of not less
than five (5) acres.
C.
Motel, resort and incidental facilities, including swimming pool,
restaurant, incidental retail sales and services and personal services on site of
not less than five (5) acres provided they are protected from flooding.
D.
Marina, yacht club, boat house or bait shop.
E.
Travel trailer camp on site of not less than three (3) acres.
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167.06 “R-1” RESIDENTIAL DISTRICT. In the “R-1” Residential District, a building or
premises shall be used only for the following purposes (additional regulations, Section 167.15
- 167.20):
1.
Permissive Uses:
A.
B.
Public park or playground.
C.
D.
E.
Golf course, except miniature course or driving tees operated for
commercial purposes.
F.
Large-scale residential development in accordance with the
provisions of Section 167.15.
2.
Conditional Uses:
A.
Privately operated lake, swimming pool or tennis court on site of not
less than five (5) acres.
B.
C.
Hospital, nursing home and educational, philanthropic or religious
institution on sites of not less than two (2) acres, provided not more than fifty
(50) percent of the site area may be occupied by buildings, and provided
further that the building shall be set back from all required yard lines an
additional foot for each foot of building height.
D.
Two-family dwellings.
E.
Nursery, prekindergarten, kindergarten, play, special and other
private school.
F.
Private recreational facility where buildings do not occupy more than
ten (10) percent of the site area.
G.
H.
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167.07 “R-1A” MEDIUM DENSITY RESIDENTIAL DISTRICT. In the “R-1A”
Medium Density Residential District, a building or premises shall be used only for the
following purposes (additional regulations, Section 167.15 - 167.20):
1.
Permissive Uses:
A.
B.
Two-family dwelling.
C.
Three-family dwellings.
D.
Four-family dwellings.
E.
Large scale residential developments which conform to regulations
found in Section 167.15.
F.
Public park or playgrounds.
G.
H.
I.
Golf course, except miniature course or driving tees operated for
commercial purposes.
2.
Conditional Uses:
A.
Privately operated lake, swimming pool or tennis court on site of not
less than five (5) acres.
B.
C.
Hospital, nursing home and educational, philanthropic or religious
institution on sites of not less than two (2) acres, provided not more than fifty
(50) percent of the site area may be occupied by buildings, and provided
further that the building shall be set back from all required yard lines an
additional foot for each foot of building height.
D.
Nursery, prekindergarten, kindergarten, play, special and other
private school.
E.
Private recreational facility where buildings do not occupy more than
ten (10) percent of the site area.
F.
G.
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167.08 “R-2” APARTMENT DISTRICT. In the “R-2” Apartment District, a building or
premises shall be used only for the following purposes (additional regulations, Section 167.15
- 167.20):
1.
Permissive Uses:
A.
Any permissive use of the “R-1” District.
B.
Two-family dwelling.
C.
Multiple dwelling.
D.
Town house.
E.
Bed and breakfast homes. A private residence which provides
lodging and meals for guests, in which the host or hostess resides and in
which no more than two guest families are lodged at the same time. The
facility can advertise as a bed and breakfast home but not as a hotel, motel or
restaurant. A bed and breakfast home can serve food only to overnight
guests. All guest rooms must have an operable smoke detector. There shall
be one parking space per guest room and a minimum of two off-street
parking spaces for the owner.
F.
2.
Bistro.
Conditional Uses:
A.
B.
Religious, educational and eleemosynary institution
philanthropic nature, but not a penal or mental institution.
C.
of
a
Hospital or sanitarium, except criminal, mental or animal hospital.
D.
Bed and breakfast homes. A private residence which provides
lodging and meals for guests, in which the host or hostess resides and in
which more than two guest families are lodged at the same time. The facility
can advertise as a bed and breakfast home but not as a hotel, motel or
restaurant. A bed and breakfast home can serve food only to overnight
guests. All guest rooms must have an operable smoke detector. There shall
be one parking space per guest room and a minimum of two off-street
parking spaces for the owner.
E.
Nursing, rest or convalescent home.
F.
Parking lot located within three hundred (300) feet of a “B” or “I”
District.
G.
Rooming house or boardinghouse.
H.
Private school.
I.
J.
Private club or lodge.
K.
167.15.
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L.
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167.09 “B-1” NEIGHBORHOOD BUSINESS DISTRICT. In the “B-1” Neighborhood
Business District, a building or premises shall be used only for the following purposes
(additional regulations, Section 167.15 - 167.20):
1.
Permissive Uses:
A.
Any permissive use of the “R-2” District, except single-family
dwellings.
B.
Automobile parking lot or storage or parking garage.
C.
Bank or financial institution.
D.
Dressmaking, tailoring, shoe repairing, repair of household
appliances and bicycles, catering and bakery with sale of bakery products on
the premises and other uses of a similar character.
E.
Office or office building.
F.
Personal service uses, including barbershop, beauty parlor,
photographic or art studio, messenger, taxicab, newspaper or telegraphic
branch service station, laundry or dry cleaning receiving station and other
uses of a similar character.
G.
Retail store in connection with which there shall be no slaughtering
of animals or poultry, nor commercial fish cleaning and processing, on the
premises.
H.
2.
Self-service laundry or cleaning establishment.
Conditional Uses:
A.
General service and repair establishments, including dyeing or
cleaning works or laundry, plumbing and heating, printing, painting,
upholstering or appliance repair.
B.
Restaurant or café, not including drive-in or curb service.
C.
Mortuary.
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°°°°°°°°°°
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167.10 “B-2” GENERAL BUSINESS DISTRICT. In the “B-2” General Business
District, a building or premises shall be used only for the following purposes (additional
regulations, Section 167.15 - 167.20):
1.
Permissive Uses:
A.
Any permissive use of the “B-1” Neighborhood Business District.
B.
Automobile or trailer display or salesroom.
C.
Bowling alley or billiard parlor.
D.
Business or commercial school.
E.
Dancing or music academy.
F.
Display and salesroom.
G.
Farm implements, sale and repair.
H.
Farm store or feed store, including accessory storage of liquid or
solid fertilizer.
I.
Frozen food locker.
J.
Hotel or motel.
K.
Laboratory, research, experimental or testing.
L.
Milk distributing station.
M.
lot.
Public garage, filling station and automobile repair shop or parking
N.
Radio or television broadcasting station or studio.
O.
Veterinarian, animal hospital or kennel.
P.
Used car, trailer or boat sales or storage lot.
Q.
Dyeing, cleaning, laundry, printing, painting, plumbing, tinsmithing,
tire sales and service, upholstering and other general service or repair
establishments of similar character. Not more than ten (10) percent of the lot
or tract occupied by such establishment shall be used for the open and
unenclosed storage of materials or equipment.
R.
Restaurants.
S.
Dwellings, except the minimum floor space depth of fifty-one percent
(51%) of the street level street side shall be business use.
2.
Conditional Uses:
A.
Drive-in establishment, including theater.
B.
Lumberyard.
C.
Bakery.
D.
Bottling works.
E.
Wholesale establishment or warehouse in a completely enclosed
building except the minimum floor space depth of fifty-one percent (51%) of
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ZONING REGULATIONS
the street level street side shall not be used as such wholesale establishment
or warehouse.
F.
Truck or bus terminal.
G.
167.15.
H.
Travel trailer camp.
I.
Bar or tavern.
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167.11 “B-3” CENTRAL BUSINESS DISTRICT. In the “B-3” Central Business District,
a building or premises shall be used only for the following purposes (additional regulations,
Section 167.15 - 167.20):
1.
Permissive Uses:
A.
Automobile parking lot or storage or parking garage.
B.
Bank or financial institution.
C.
Dressmaking, tailoring, shoe repairing, repair of household
appliances and bicycles, catering and bakery with sale of bakery products on
the premises and other uses of a similar character.
D.
Mortuary.
E.
Office or office building.
F.
Personal service uses, including barbershop, beauty parlor,
photographic or art studio, messenger, taxicab, newspaper or telegraphic
branch service station, laundry or dry cleaning receiving station and other
uses of a similar character.
G.
Retail store in connection with which there shall be no slaughtering
of animals or poultry, nor commercial fish cleaning and processing, on the
premises.
H.
Theater, not including drive-in theater.
I.
Self-service laundry or cleaning establishment.
J.
Radio or television broadcasting station or studio.
K.
Dwellings, except the minimum floor space depth of fifty-one percent
(51%) of the street level street side shall be business use.
2.
L.
Automobile or trailer display and salesroom.
M.
Bowling alley or billiard parlor.
N.
Business or commercial school.
O.
Dancing or music academy.
P.
Display and salesroom.
Q.
Frozen food locker.
R.
Hotel or motel.
S.
Laboratory, research, experimental or testing.
T.
Public garage, parking lot.
U.
Restaurants.
Conditional Uses:
A.
Automobile service station.
B.
Drive-in establishment, including restaurant and theater.
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C.
Dyeing, cleaning, laundry, printing, painting, plumbing, tinsmithing,
tire sales and service, upholstering and other general service or repair
establishments of similar character. No more than ten (10) percent of the lot
or tract occupied by such establishment shall be used for the open and
unenclosed storage of materials or equipment.
D.
Bottling works.
E.
Wholesale establishment or warehouse in a completely enclosed
building except the minimum floor space depth of fifty-one percent (51%) of
the street level street side shall not be used as such wholesale establishment
or warehouse.
F.
Truck or bus terminal.
G.
Farm implements, sale and repair.
H.
Farm store or feed store.
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167.12 “I-1” LIGHT INDUSTRIAL DISTRICT. In the “I-1” Light Industrial District a
building or premises shall be subject to the provisions as listed below (additional regulations,
Sections 167.15 – 167.20):
1.
General Regulations:
A.
No building shall be erected, converted, reconstructed or structurally
altered for church, school, institutional or residential purposes, except for
resident watchmen or caretakers employed on the premises.
B.
No premises may be used for auto wrecking, junkyard and similar
storage or salvage; or for extraction of gravel, sand or other raw material.
C.
All uses shall be conducted within an enclosed building, and all
accessory open storage is enclosed in a building or by a concrete or masonry
wall not less than six (6) feet in height.
D.
No premises are used for extraction of raw materials.
E.
Fuel oil storage tanks are placed underground.
F.
No premises are used for bulk storage of oils, petroleum or similar
flammable liquids and chemicals or for the storage of explosives.
G.
No parking shall be permitted in the required front yard.
H.
The front yard shall be landscaped with trees, grass, shrubs or
pedestrian walks and maintained in a neat and attractive condition.
I.
The total ground floor area of buildings shall not exceed forty (40)
percent of the lot area.
2.
The building or premises shall be used only for the following purposes:
A.
Permissive Uses:
(1)
Any permissive use of the “B-1” General Business District.
(2)
A public utility or public service use, building or structure,
including such things as an electric substation, water tower, sanitary
lift station or pipeline regulating station.
B.
Conditional Uses:
(1)
Wholesale merchandising or storage warehouse.
(2)
Manufacture of rugs, mattresses, pillows, quilts, millinery,
hosiery, clothing and fabrics, and printing and finishing of textiles
and fibers into fabric goods.
(3)
Compounding of
pharmaceutical products.
cosmetics,
toiletries,
drugs
and
(4)
Manufacture or assembly of boats, bolts, nuts screws and
rivets, ornamental iron products, firearms, electrical appliances, tools,
dies, machinery and hardware products, sheet metal products and
vitreous enameled metal products.
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(5)
Manufacture or assembly of medical and dental equipment,
drafting, optical and musical instruments, watches, clocks, toys,
games and electrical or electronic apparatus.
(6)
Manufacture or storage of food products, including beverage
blending or bottling, bakery products, candy manufacture, fruit and
vegetable processing and canning, packing and processing of meat
and poultry products, but not distilling of beverages or slaughtering
of poultry or animals.
(7)
Manufacture of boxes, crates, furniture, baskets and other
wood products of a similar nature.
(8)
Generally those light manufacturing uses similar to those
listed in items above which do not create any more danger to health
and safety in surrounding areas and which do not create anymore
offensive noise, vibration, smoke, dust, lint, odors, heat or glare than
that which is generally associated with light industries of the type
specifically permitted.
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167.13 “I-2” GENERAL INDUSTRIAL DISTRICT. In the “I-2” General Industrial
District a building or premises shall be used only for the following purposes (additional
regulations, Sections 167.15 – 167.20):
1.
Permissive Uses:
A.
Any use permitted in the “B-2” General Business District except
dwellings.
B.
A public utility or public service use, building or structure, including
2.
Conditional Uses:
A.
Any use permitted in the “R-2” Apartment District.
B.
Animal hospital or clinic.
C.
Building material, storage and sale.
D.
Storage of flour, feed and grain, grain elevators.
E.
Foundry products manufacture.
F.
Outdoor advertising structure.
G.
Planning and millwork, lumber.
H.
Coal or coke storage.
I.
Railroad passenger station, freight terminal, switching or
classification yard, repair shops, roundhouses, powerhouses, interlocking
towers and fueling, sanding and watering stations.
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°°°°°°°°°°
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167.14 “I-3” HEAVY INDUSTRIAL DISTRICT. In the “I-3” Heavy Industrial District a
building or premises shall be used only for the following purposes (additional regulations,
Sections 167.15 – 167.20):
1.
Permissive Uses:
A.
Any use permitted in the “I-2” General Industrial District except
dwellings, hospitals, institutions or other buildings used for permanent or
temporary housing of persons except as described in Subsection B below.
B.
Dwellings for resident watchmen and caretakers employed on the
premises.
C.
Any business, commercial or industrial uses except those listed in
conditional uses below which are not likely to create hazards of fire,
explosion, noise, vibration, dust, lint or the emission of smoke, odor or toxic
gases comparable to that produced by uses listed in conditional items below.
2.
Conditional Uses: The following uses having accompanying hazards, such as
fire, explosion, noise, vibration, dust or the emission of smoke, odor or toxic gases
may, if not in conflict with any law or ordinance in the City or the State be located in
the “I-3” Heavy Industrial District only after the location and nature of such use shall
have been approved by the Council after public hearing and report by the Planning
Commission provided in Section 167.23. The Council shall review the plans and
statements and shall not permit such buildings, structures or uses until it has been
shown that the public health, safety, morals and general welfare will be properly
protected and that necessary safeguards will be provided for the protection of
surrounding property and persons. The Council in reviewing the plans and statements
shall consult with other agencies created for the promotion of public health and
safety:
A.
Chemicals, petroleum, coal and allied products.
B.
Acids and derivatives.
C.
Acetylene.
D.
Ammonia.
E.
Carbide.
F.
Caustic soda.
G.
Cellulose and cellulose storage.
H.
Chlorine.
I.
Coke oven products (including fuel gas) and coke oven products
storage.
J.
Creosote.
K.
Distillation, manufacture or refining of coal, tar, asphalt, wood and
bones.
L.
Explosives (including ammunition and fireworks) and explosives
storage.
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M.
Fertilizer (organic).
N.
Fish oils and meal.
O.
Glue, gelatin (animal).
P.
Hydrogen and oxygen.
Q.
Lamp black, carbon black and bone black.
R.
Nitrating of cotton or other materials.
S.
Nitrates (manufactured and natural) of an explosive nature and
storage.
T.
Petroleum, gasoline and lubricating oil refining and wholesale
storage.
U.
Plastic materials and synthetic resins.
V.
Potash.
W.
Pyroxylin.
X.
Rendering and storage of dead animals, offal, garbage or waste
products.
Y.
Turpentine and resin.
Z.
Wells, gas and oil.
AA.
Clay, stone and glass products.
(1)
Brick, firebrick refractories and clay products (coal fired).
(2)
Cement, line, gypsum or plaster of Paris.
(3)
Minerals and earths:
crushing and processing.
BB.
CC.
Quarrying, extracting, grinding,
Food and beverage:
(1)
Fat rendering.
(2)
Fish curing, packing and storage.
(3)
Slaughtering of animals.
(4)
Starch manufacture.
Metals and metal products:
(1)
Aluminum powder and paint manufacture.
(2)
Blast furnace, cupolas.
(3)
Blooming mill.
(4)
Metal and metal ores, reduction, refining, smelting and
alloying.
DD.
(5)
Scrap metal reduction.
(6)
Steel works and rolling mill (ferrous).
Wood and paper products:
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ZONING REGULATIONS
EE.
(1)
Match manufacture.
(2)
Wood pulp and fiber, reduction and processing.
Unclassified industries and uses:
(1)
Hair, hides and raw fur, curing, tanning, dressing, dyeing and
storage.
(2)
Stockyard or commercial feed lot.
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°°°°°°°°°°
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167.15
ZONING REGULATIONS
OTHER USE REGULATIONS.
1.
Special provisions for large-scale residential developments:
A.
Large-scale residential developments, where permitted, are subject to
the following conditions:
(1) The development shall have a minimum area of two (2) acres.
(2) The housing type, minimum lot area, yard, height and accessory
uses shall be determined by the requirements and procedures set out
below, which shall prevail over conflicting requirements of this
chapter or Chapter 165 governing the subdivision of land.
(3) The final development plan shall follow all applicable
procedures, standards and requirements of Chapter 165 governing the
subdivision of land. The final development plan shall be prepared by
and have the seal of an architect or engineer duly registered to
practice in this State. No building permit shall be issued until a final
plat of the proposed development is approved and recorded.
(4) The Planning and Zoning Commission shall review the
conformity of the proposed development with the standards of the
official City plan and recognized principles of civic design, land use
planning and landscape architecture. The minimum yard and
maximum height requirements of the district in which the
development is located shall not apply except that minimum yards
shall be provided around the boundaries of the area being developed.
The Planning and Zoning Commission may impose conditions
regarding the layout, circulation and performance of the proposed
development and may require that appropriate deed restrictions be
filed enforceable by the City for a period of twenty (20) years from
date of filing. A plat of development shall be recorded regardless of
whether a subdivision is proposed and such plat shall show building
lines, common land, streets, easements and other applicable features
required by Chapter 165 governing the subdivision of land.
(5) The buildings may be used for single-family dwellings, twofamily dwellings or multiple dwellings and the usual accessory uses.
The number of dwelling units permitted shall be determined by
dividing the net development area by the minimum lot area per family
required by the district or districts in which the area is located. Net
development area shall be determined by subtracting the area set
aside for churches, schools or other nonresidential uses from the
gross development area and deducting twenty (20) percent of the
remainder for streets, regardless of the amount of land actually
required for streets. The area of land set aside for common open
space or recreational use shall be included in determining the number
of dwelling units permitted.
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B.
The Commission may hold one or more public hearings on a final
development plan. The recommendations of the Commission shall be
forwarded to the Council which shall approve or disapprove the action of the
Commission with or without modification and after public hearing. After
approval by Council and after any required restrictions are in effect, the
building official may issue permits enabling the approved final development
plan to be carried out.
2.
Accessory buildings and uses are permitted when in accordance with the
following:
A.
In the R, RC, R-1, R-1A and R-2 districts, accessory buildings and
uses are limited to:
(1) A noncommercial greenhouse that does not exceed in floor area
of twenty-five (25) percent of the ground floor area of the main
building.
(2) A private residential garage used only for the housing of
noncommercial passenger automobiles and with a floor area of not
exceeding eight hundred fifty (850) square feet. An additional floor
area of two hundred (200) square feet may be provided for each three
thousand (3,000) square feet of lot area by which such lot exceeds
seven thousand five hundred (7,500) square feet, provided that no
garage shall exceed one thousand two hundred fifty (1,250) square
feet, nor house more than five (5) such automobiles.
(3) Home occupation.
(4) Vegetable or flower garden.
(5) Raising and keeping of small animals and fowl, but not on a
commercial basis or on a scale objectionable to neighboring property
owners.
(6) Tennis court, swimming pool, garden house, pergola, ornamental
gate, barbecue oven, fireplace and similar uses customarily accessory
to residential uses.
(7) Accessory buildings must be a building so designed for such use.
The building shall consist of wood or metal but should not include a
structure that was designed for some other primary use and shall not
be converted to a utility building. The use of old truck boxes or
railroad cars is prohibited as use of a utility or storage shed.
B.
In the business and industrial districts, there may also be:
(1) Parking lots and garages conforming with the requirements of
Section 167.19.
(2) Use of not to exceed forty (40) percent of the floor area of a
building for incidental storage or light industrial activity.
C.
There shall be the following additional regulations for accessory
buildings:
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(1) No accessory building shall be constructed upon a lot until the
construction of the main building has been actually commenced, and
no accessory building shall be used unless the main building on the
lot is also being used. However, nothing shall prevent the use of a
temporary construction shed or road wagon for the storage of tools,
material and equipment by a contractor during the building
construction.
(2) No accessory building may be erected in front of a main building
unless the accessory building is attached to the main building by a
common wall.
(3) Accessory buildings may not be used for dwelling purposes.
3.
Regulations regarding screening and vision clearance shall be as follows:
A.
Statement of Purpose. This subsection is established to recognize the
public and private benefits accrued from functional and aesthetic screening
between areas of incompatible land uses, the increasing demand for active
and passive recreational area, the desirability of providing visual screening of
certain parking lot, commercial, and manufacture areas, and the necessity of
providing adequate vehicular vision clearance.
B.
Off-street Parking and Loading Areas. All open off-street parking
areas containing more than three (3) spaces, and all open off-street loading
areas shall have effective screening on each side adjoining or fronting on any
residence district or any public or private street.
C.
District Boundary Lines. Any property located in a commercial or
manufacturing district shall have effective screening along lot lines adjoining
any residence district, said screening to be not less than six (6) feet in height,
nor more than eight (8) feet in height.
D.
Fence Requirements.
(1) Permit Required. There will be a fee set by resolution of the
Council for a fence permit. Application for a fence permit shall
include a complete site plan of the lot and the proposed fence, with
the height of desired fence included.
(2) In any special or residential district, fences may be erected along
a lot line or adjacent thereto to a height not exceeding six feet above
the ground level. Fences erected in a required front or street side
yard and located less than four feet from the street lot line shall not
exceed a height greater than four feet above the ground level,
provided, however, that within ten feet of any driveway crossing of a
street lot line, any fencing shall not exceed two feet in height.
(3) Fences will not be allowed in a drainage way. If a fence is
requested to be put on an easement, the property owner must have
permission from the Building Official and holder of the easement.
(4) In any commercial or manufacturing district, no required fencing
shall be erected along a lot line or adjacent thereto to a height
exceeding eight (8) feet above the ground level.
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E.
Exemptions. The Zoning Administrator may modify the provisions
for the requirement of screening when suitable screening exists on abutting
property or when such officer determines that such modifications for
screening shall be in harmony with the general purpose and intent of this
subsection. The Zoning Administrator may also modify the provisions for
the requirement of vision clearance when such officer determines that such
modifications shall be consistent with traffic safety and shall be in harmony
with the general purpose and intent of this subsection.
4.
Regulations regarding mobile homes shall be as follows:
A.
All inhabited mobile homes shall be located in a mobile home court
which has received a conditional use permit and which conforms with the
requirements of the following paragraph. No mobile home outside of an
approved mobile home court shall be connected to utilities except those
mobile homes being offered for sale and then only on a lot so designated as a
mobile home sales business with such mobile home not inhabited.
B.
Mobile home courts shall meet the following minimum standards:
(1)
Each lot provided for the occupancy of a single mobile home
unit shall have an area of not less than five thousand (5,000) square
feet and a width of not less than fifty (50) feet, and no court shall be
permitted an average density of mobile home lots of more than eight
(8) per acre, and each mobile home court shall provide an area of not
less than ten (10) acres.
(2)
All mobile home courts shall provide lots sufficient in size
that no mobile home or any structure, addition or appurtenance
thereto is located less than ten (10) feet from the nearest adjacent
court boundary.
(3)
Space between mobile homes may be used for the parking of
motor vehicles if the space is clearly designated and the vehicle is
parked at least ten (10) feet from the nearest adjacent court boundary.
(4)
Each mobile home site shall abut or face a clear unoccupied
space, driveway, roadway, or street of not less than twenty (20) feet
in width, which shall have unobstructed access to a public highway,
street or alley.
(5)
The mobile home court shall be surrounded by a landscaped
strip of open space fifty (50) feet wide along the street frontage of a
major street and twenty-five (25) feet wide along all other lot lines or
street frontage.
C.
All mobile homes located within the City limits of Le Mars, Iowa,
shall be required to have tiedowns to restrict over-turning and movement off
their piers to meet the following requirements and specifications:
(1)
Piers and Footings.
(a)
All piers shall be placed on footings of solid concrete
with minimum dimensions of sixteen (16) inches by sixteen
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(16) inches by four (4) inches or two (2) eight (8) inch by
sixteen (16) inch solid concrete block.
(b)
Piers shall be constructed of standard eight (8) inch
by eight (8) inch by sixteen (16) inch celled concrete.
(c)
Piers shall be topped with a solid concrete cap eight
(8) inches by sixteen (16) inches by four (4) inches.
(d)
Treated shims shall be driven tight between the cap
and the main frame to provide uniform bearing. These shims
shall be impervious to salt air and to rot. They shall be four
(4) inches or less in thickness and be wide enough to provide
bearing over the top cap.
(e)
Other types of piers and foundations of equivalent
permanence and weight bearing ability may be approved.
The use of a heavy metal adjustable column, anchored to
both frame and foundation, may also be approved.
(f)
Piers shall be centered under each main frame (or
chassis) member with a maximum spacing of ten (10) feet on
centers. The end piers shall be no farther than five (5) feet
from the ends of the mobile home.
(2)
Tiedown Anchorage Requirements. (Tie down components
utilized including anchor systems must be able to withstand at least
four thousand eight hundred (4,800) pounds without failure.)
Wind Velocity
Miles Per Hour
Number of
Frame Ties
Number of
Over-the-Top
Ties
30-50 Ft. Long
90
5
4
50-60 Ft. Long
90
6
4
60-70 Ft. Long
90
7
4
10 and 12 Ft. Wide
Mobile Homes
12 and 14 Ft. Wide
Mobile Homes
(a)
Over-the-top tiedowns shall be positioned at stud and
rafter locations near each end of the mobile home. Others, if
needed, may be positioned between them.
(b)
Wherever feasible, over-the-top tiedowns and frame
ties directly beneath them may use the same anchors. Mobile
homes with clerestory roofs are particularly vulnerable to
high winds. Over-the-top tiedowns at each end of the
clerestory section are required in addition to the anchorage
presented in the above table.
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(c)
All ties shall be fastened to ground anchors as
described in subparagraph (3) below and be drawn tight with
galvanized turnbuckles or with a yoke-type fastener and
tensioning device. Turnbuckles shall have a capacity to
withstand a four thousand eight hundred (4,800) pound
tension without failure and shall be ended with jaws or
forged or welded eyes. Turnbuckles with hook ends are not
approved.
(d)
All cable ends shall be secured with at least two (2)
U-bolt type cable clamps or other fastening device as
approved by the enforcing officials.
(e)
Cable used for this shall be of either galvanized steel
or stainless steel having a breaking strength greater than four
thousand eight hundred (4,800) pounds. Cable shall be either
seven-thirty-seconds (7/32) inch diameter or greater (7 x 7)
steel cable or one-fourth (1/4) inch diameter or greater (7 x
19) aircraft cable.
(f)
When flat steel strapping is used, it must be in
accordance with Federal Specification QQ-S-781, i.e., 1¼ x
.035", Type 1, Class B Grade 1 with breaking strength of the
strapping.
(g)
Steel strapping used for ties must terminate with a Dring, bolt, or other fastening device which will not cause
distortion of the band or reduce the breaking strength of the
strapping.
(h)
Wherever feasible, care should be taken to evenly
space the frame ties and over-the-top tiedowns. They should
not be bunched together.
(i)
Sharp edges of the mobile home that would tend to
cut the cable or strap over-the-top tiedowns must be protected
by a suitable device which prevents such cutting when the
mobile home is buffeted by the wind. Likewise, special
adapters need to be installed to prevent the cable or strap
from knifing through the mobile home.
(j)
Connection of cable frame tie to the I-beam (or other
shape) main structural frame member should be by a fiveeighths (5/8) inch drop forged closed eye, bolted through a
hole drilled through the center of the I-beam. A washer, or
equivalent, should be used so that the beam is sufficiently
fish-plated around the hole. If steel strapping is used, care
should be exercised to insure that minimum bending radius is
adhered to so that the breaking strength of the strapping is
not reduced.
(k)
Frame ties should be the connection between the
anchor and the steel I-beam (or other shape) main structural
frame member which runs lengthwise beneath the mobile
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ZONING REGULATIONS
home. Frame ties should never be connected to any of the
steel outrigger beams which fasten to and intersect the main
I-beams at right angles. The outriggers do not have adequate
structural strength to resist the frame tie loadings.
(3)
Anchors.
(a)
Ground anchors should be aligned so that they are
close to a pier. They should also be situated immediately
below the outer wall to also accommodate over-the-top ties
as well as frame ties.
(b)
Anchors shall be capable of withstanding four
thousand eight hundred (4,800) pounds of pull (in a vertical
or diagonal direction) without failure.
(c)
Augers shall have a minimum diameter of six (6)
inches (arrow-heads 8") and be sunk to a depth of at least
four (4) feet. Steel rods shall be at least fiveeighths (5/8)
inch diameter with a forged or welded eye at top or with a
yoke-type fastening and tensioning device.
(d)
Deadman anchors shall be sunk to a depth of five (5)
feet and have a minimum length of two (2) feet and a
diameter of at least six (6) inches. Celled concrete blocks are
not approved. Solid steel rods shall be at least five-eighths
(5/8) inch diameter with the bottom nooked into the concrete
deadman.
(e)
Anchors to reinforced concrete slabs must be of
strength comparable to that presented above.
(4)
Compliance.
When it appears that a person is in
noncompliance with the provisions of this section said person shall
be served with notice of noncompliance and be given sixty (60) days
in which to achieve compliance.
(5)
Penalty. Any person served with notice of noncompliance
with the provisions of this section and who fails to be in compliance
with the provision of said section within sixty (60) days of the service
of notice of noncompliance shall be in violation of this Code of
Ordinances.
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CHAPTER 167
167.16
ZONING REGULATIONS
HEIGHT REGULATIONS.
1.
Maximum height limits established for buildings and structures are as
follows:
2.
A.
Thirty-five (35) feet in the R, RC, R-1, R-1A and R-2 Districts.
B.
Forty-five (45) feet in the B-1 and I-1 Districts.
C.
Seventy-five (75) feet in the B-2, B-3 and I-2 Districts.
The above height limits may be exceeded in the following instances:
A.
Public, semi-public, or public service buildings, hospitals,
institutions, agricultural buildings, or schools when permitted in a district,
may be erected to a height not exceeding one hundred ten (110) feet, and
churches and temples may be erected to a height not exceeding seventy-five
(75) feet if the building is set back from each yard line at least one foot for
each foot of additional building height above the height limit otherwise
permitted in the district in which the building is built.
B.
Television and radio towers, church spires, belfries, monuments,
tanks, water and fire towers, stage towers or scenery lofts, cooling towers,
ornamental towers and spires, chimneys, elevator bulkheads, stacks,
conveyors and flagpoles may be erected to such height as may be authorized
by the Council.
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°°°°°°°°°°
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CHAPTER 167
167.17
ZONING REGULATIONS
YARD REGULATIONS.
1.
Minimum Yard Requirements. The following minimum yards measured in
feet, shall be provided within the districts indicated:
District
Front
Yard
Side
Yard
Rear
Yard
R
50
20
50
RC
50
20
50
R-1
25*
**
30
R-1A
25*
**
30
R-2
25*
**
30
B-1
25
**
20
B-2
25
(1)
(2)
B-3
None
(1)
(2)
I-1
40(3)
(1)
25
I-2
25(3)
(1)
(2)
I-3
None(3)
(1)
(2)
* 20-foot setback allowed for portions of lots fronting on a cul-de-sac in subdivisions platted
after Oct. 1, 1993, unless other restrictions apply.
** 8 feet-one story, 10 feet anything more than one story.
(1) None required except on a lot abutting a lot in a residential district in which case a side
yard of ten (10) feet shall be provided.
(2) None required except on a lot abutting a lot in a residential district in which case a rear
yard of twenty-five (25) feet shall be provided.
(3) In all industrial districts, sufficient front yard shall be required as necessary to simulate a
minimum street right-of-way width of eighty (80) feet regardless of the actual street rightof-way. No buildings or structures may be placed closer to the street right-of-way than that
to meet the above requirement.
Whenever a lot abuts upon a public alley, one-half (1/2) of the alley width may be
considered as a portion of the required rear yard, for the purpose of side yard
regulations, a two-family dwelling or multiple dwelling shall be considered as one
building occupying one lot.
2.
Additional Requirements. The following additional yard requirements must
also be observed:
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ZONING REGULATIONS
A.
On lots fronting on two (2) nonintersecting streets, a front yard must
be provided on both streets.
B.
On corner lots there must be a front yard on both streets. On corner
lots that are lots of record the buildable width cannot be reduced to less than
twenty-eight (28) feet, except that there shall be a yard along the side street
side of such a lot of at least five (5) feet.
C.
Where a frontage is divided among districts with different front yard
requirements, the deepest front yard required shall apply to the entire
frontage.
D.
In the business and industrial districts there may be more than one
building on a lot provided that the required yards be maintained around the
group of buildings.
E.
There may be two (2) or more related multi-family buildings on a lot;
provided that:
(1)
The required yards be maintained around the group of
buildings; and
(2)
Buildings that are parallel or that are within forty-five (45)
degrees of being parallel be separated by a horizontal distance that is
at least equal to the height of the highest building.
F.
Those parts of existing buildings that violate yard regulations may be
repaired and remodeled, but not reconstructed or structurally altered.
G.
Required front yard shall be devoted entirely to landscaped area
except for guest parking and the necessary paving of driveways and sidewalks
to reach parking or loading areas in the side or rear yard.
H.
Where an official line has been established for the future widening or
opening of a street or major thoroughfare upon which a lot abuts, then the
depth of a front or side yard shall be measured from such official line to the
nearest line of the building.
3.
Exceptions to Yard Requirements. The following exceptions may be made to
the yard requirements:
A.
Where, on the effective date of this chapter, thirty (30) percent or
more of a block front was occupied by two (2) or more buildings, then the
front yard is established in the following manner:
(1)
Where the building farthermost 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.
(2)
Where this (1) above is not the case and a lot is within one
hundred (100) feet of a building on each side, then the front yard is a
line drawn from the closest front corners of these two (2) adjacent
buildings.
(3)
Where neither (1) nor (2) above is the case, and the lot is
within one hundred (100) feet of an existing building on one side
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ZONING REGULATIONS
only, then the front yard is the same as that of the existing adjacent
building.
B.
Sills, belt courses, window air-conditioning units, chimneys,
cornices, and ornamental features may project into a required yard a distance
not to exceed twenty-four (24) inches.
C.
Filling station pumps and pump islands may occupy required yards,
provided, however, that they are not less than fifteen (15) feet from all lot
lines.
D.
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 to not obstruct light and ventilation may be permitted by the
building official.
E.
No side yards are required where dwellings are erected above
commercial and industrial structures except such side yard as may be required
for a commercial or industrial building on the side of a lot adjoining a
residential district.
F.
Accessory buildings may be located in a rear yard but may not
occupy more than thirty (30) percent of a rear yard.
G.
Any accessory building closer than ten (10) feet to a main building
shall be considered as part of the main building and shall be provided with
the side and rear yards required for the main building.
H.
An accessory building more than ten (10) feet from a main building
may be erected within two (2) feet of a side or rear lot line, but must be
located at least sixty (60) feet from the front lot line.
I.
Where a garage is entered from an alley, it must be kept ten (10) feet
from the alley line.
J.
Wood decks may encroach within the side and rear yards, but in no
case shall the side yard be less than five (5) feet and the rear yard be less than
fifteen (15) feet. Side yard decks shall have railings no greater than three (3)
feet. Rear yards shall have railings no greater than six (6) feet. Ornamental
features are permissible.
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°°°°°°°°°°
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167.18
ZONING REGULATIONS
DENSITY REGULATIONS.
1.
Minimum Lot Area and Width. The following minimum lot areas and lot
widths must be provided in the districts indicated.
District
Lot
Width
(feet)
Lot Area
(sq. ft.)
Lot Area per
Single-Family
Dwelling
(sq. ft.)
Lot Area Per
Two-Family
Dwelling
(sq. ft.)
Lot Area
Per Multiple
Dwelling
(sq. ft.)
R
150
43,560
43,560
7,500(4)
7,500(3)
RC
150
43,560
R-1
60
7,500
7,500
4,500
4,500(5)
R-1A
60
7,500
7,500
4,500
4,500
R-2
60
7,500
7,500
3,750
2,500(1)
B-1
None
None
N/A
3,750
2,500(1)
B-2
None
None
N/A
3,000
2,000(2)
B-3
None
None
N/A
N/A
1,500
I-1
None
15,000
I-2
None
None
7,500
I-3
None
None
None
Dwellings Prohibited
Dwellings Prohibited
3,750
2,500(1)
Resident Watchman Only
First Four Units
Each Additional
Unit Thereafter
(1) 2,500 sq. ft.
1,500 sq. ft.
(2) 2,000 sq. ft.
1,500 sq. ft.
(3) 7,500 sq. ft.
2,500 sq. ft.
(4) 7,500 sq. ft.
7,500 sq. ft.
(5) 7,500 sq. ft.
4,500 sq. ft.
(3), (4) and (5) – Apply to large scale developments only.
2.
Exceptions to Lot Area and Width Requirements. The minimum lot area and
lot width requirements established above may be modified as follows:
A.
Where a lot of record at the time of the effective date of this chapter
has less area or width than herein required in the district in which it is
located, and the owner of such lot does not own any other parcel or tract
adjacent thereto, said lot may nevertheless be used for a one-family dwelling
or for any nondwelling use permitted in the district in which it is located.
B.
Existing buildings that are in violation of lot area requirements may
be remodeled or repaired, but may not be reconstructed or structurally altered
unless made to conform to these requirements.
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C.
Lot area per family requirements shall not apply to dormitories,
fraternities, sororities, nursing homes or other similar group quarters where
no cooking facilities are provided in individual rooms or apartments.
D.
In the R District, the minimum lot area per family may be reduced to
twenty thousand (20,000) square feet and the lot width to one hundred (100)
feet where public water service is available but where there is no public
sewer service or to fifteen thousand (15,000) square feet and eighty (80) feet,
respectively, where both public water and public sewer services are available.
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167.19
ZONING REGULATIONS
OFF-STREET PARKING AND LOADING REGULATIONS.
1.
Off-street Parking Requirements. Off-street parking spaces shall be provided
as follows:
A.
Dwellings:
(1)
One space for each dwelling unit.
(2)
Multiple dwellings: one and one-half (1½) spaces for each
dwelling unit. In the event of an uneven number of dwelling units,
the number of required spaces shall be rounded off to the next highest
number.
B.
Restaurant: one space for each one hundred (100) square feet of
floor area or one space for each three (3) permanent seats whichever is
greater.
C.
Rooming and boardinghouses, sororities and fraternities: one space
for each two hundred (200) square feet of floor area.
D.
Private club or lodge: one space for each four hundred (400) square
feet of floor area.
E.
Church or temple: one space for each three (3) seats in the main
auditorium.
F.
School: for high schools, colleges and universities, ten (10) spaces
per classroom; for elementary schools, two (2) spaces per classroom.
G.
Hospital: two (2) spaces for each bed.
H.
Sanitarium, nursing home or institutional home: one space for each
three (3) beds.
I.
Funeral homes: ten (10) spaces for each chapel, plus one for each
funeral home vehicle, plus one for each family residing on the premises.
J.
Auditoriums, theaters and other places of public assembly: one space
for each four (4) seats.
K.
Community center, library, museum or similar public or semi-public
building: one space for each three hundred (300) square feet of floor area in
the building.
L.
Hotel or motel: five (5) spaces plus one space for each sleeping room
or suite.
M.
Medical office building: buildings in which twenty (20) percent or
more of the gross area is occupied by members of the healing profession, one
space for each one hundred (100) square feet of the gross area used for this
purpose.
N.
Manufacturing of industrial establishment, research or testing
laboratory, creamery, bottling plant, warehouse or other similar
establishments: two (2) spaces for every three (3) employees on the
maximum shift, plus space to accommodate all trucks and other vehicles used
in connection therewith.
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ZONING REGULATIONS
O.
All nonresidential buildings, except those above specified: one space
for each two hundred (200) square feet of floor area.
2.
Rules for Computing Parking Spaces. In computing the number of required
parking spaces, the following rules shall apply:
A.
Floor area shall mean the gross floor area of the specific use,
excluding any floor or portion thereof used for parking, as herein defined.
B.
Where fractional spaces result, the parking spaces required shall be
the nearest whole number.
C.
In the case of mixed uses, the parking spaces required shall equal the
sum of the requirements of the various uses computed separately.
D.
Whenever a building or use constructed or established after January
1, 1960 is changed or enlarged in floor area, number of employees, number of
dwelling units, seating capacity or otherwise, parking spaces shall be
provided on the basis of the enlargement or change. Whenever a building or
use existing prior to January 1, 1960 is reconstructed or is enlarged to the
extent of twenty (20) percent or more in floor area said building or use in its
entirety shall then and thereafter comply with the parking requirements set
forth herein. Any enlargement or change in use of less than twenty (20)
percent of the gross floor area shall be provided with parking based on the
enlargement or change.
3.
Location of Required Parking Spaces. All parking spaces required herein
shall be located as follows:
A.
The parking spaces required for residential buildings or uses shall be
located on the same lot with the building or use served except within the B-3
District which shall comply with the three hundred (300) foot requirement
hereinafter set forth. The parking spaces required for any other building or
use may be located on an area within three hundred (300) feet of said
building and two (2) or more owners of buildings may join together in
providing the required parking spaces. Where the required parking spaces are
not located on the same lot with the building or use served, the usage of the
lot or tract upon which said parking spaces are provided shall be restricted by
an instrument of record describing the premises for which said parking is
provided and assuring the retention of such parking so long as required by
this chapter.
B.
No parking spaces may be located in a front yard in any residential
district.
4.
Minimum Improvement and Maintenance Standards. All open parking areas
provided in compliance with this chapter shall be surfaced with a durable, dustproof
surface consisting of concrete, bituminous concrete, or compacted gravel or crushed
stone properly sealed and surface treated as approved by designated engineering
personnel of the City. The parking areas shall be maintained in a usable dustproof
condition and graded and drained to dispose of all surface water. Whenever lighting
is provided, it shall be so hooded or shielded as to reflect the light away from abutting
or neighboring property including public rights-of-way. One standard tree of at least
three (3) inch diameter shall be planted on the lot for each ten (10) parking spaces.
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ZONING REGULATIONS
The location of each parking space and the direction of movement along the access
driveways shall be indicated by painting upon the surface of the lot. A structurally
sound wall or other abutment shall be installed and so placed around each side of the
parking lot to insure that no part of an automobile either extends over or is capable of
accidentally rolling across the property line of the parking lot.
5.
Off-street Loading Requirements. There shall be provided at the time any
building is erected or structurally altered off-street loading space in accordance with
the following requirements:
A.
Office buildings, apartments, apartment hotels, motels and hotels.
One space for each five thousand (5,000) to fifty thousand (50,000) square
feet of gross floor area; two (2) spaces for each fifty thousand (50,000) to two
hundred thousand (200,000) square feet of gross floor area; one additional
space for each seventy-five thousand (75,000) square feet of gross floor area
above two hundred thousand (200,000) square feet.
B.
Retail or service establishment or wholesale commercial use. One
space for each two thousand (2,000) to twenty thousand (20,000) square feet
of gross floor area; two (2) spaces for each twenty thousand (20,000) to one
hundred thousand (100,000) square feet of gross floor area; one additional
space for each seventy-five thousand (75,000) square feet of gross floor area
above one hundred thousand (100,000) square feet.
C.
Manufacturing or industrial use. One space for each ten thousand
(10,000) square feet of floor area or fraction thereof in excess of five
thousand (5,000) square feet.
D.
In all cases where the off-street loading space is located in a manner
that a truck must back directly from a major street into a loading space, a
maneuvering space of not less than fifty (50) feet shall be provided on the lot
on which the industrial use is located.
6.
Exception to Parking and Loading Requirements. The above off-street
parking and loading requirements shall not be required for any use in the “B-3”
Central Business District, except residential dwellings, in which case off-street
parking shall be provided on the basis of one parking space per dwelling unit.
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ZONING REGULATIONS
°°°°°°°°°°
- 1080 -
CHAPTER 167
167.20
ZONING REGULATIONS
NONCONFORMING USES.
1.
The lawful use of a building existing at the time of the adoption of the
original zoning ordinance (March 8, 1962) or at the time of a change in the district
classification may be continued even though such use does not conform with the
provisions thereof. If no structural alterations are made, a nonconforming use of a
building may be changed to another nonconforming use of the same or more
restricted classification, but whenever a nonconforming use is changed to a more
restricted use or to a conforming use, it shall not thereafter be changed to a less
restricted use.
2.
The nonconforming use of a building may be extended throughout those parts
thereof which were manifestly arranged or designed therefor prior to adoption of this
chapter.
3.
No building which has been damaged by fire, explosion, act of God, or the
public enemy to the extent of more than sixty (60) percent of its reproduction value
shall be restored except in conformity with the district regulations.
4.
In the event that the nonconforming use of a building or premises in a
residence district is discontinued for a period of two (2) years or more, such building
or premises shall thereafter be used only in conformity with the regulations of the
district in which it is located.
5.
The casual, intermittent, temporary, or illegal use of land or buildings shall
not be sufficient to establish the existence of a nonconforming use and the existence
of a nonconforming use on a part of a lot or tract shall not be construed to establish a
nonconforming use on the entire lot or tract.
6.
Whether a nonconforming use exists shall be a question of fact and shall be
decided by the Zoning Board of Adjustment after public notice and hearing and in
accordance with the rules of the Board.
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ZONING REGULATIONS
°°°°°°°°°°
- 1082 -
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167.21
ZONING REGULATIONS
ZONING BOARD OF ADJUSTMENT.
1.
A Zoning Board of Adjustment is hereby created. The Zoning Board of
Adjustment shall consist of five (5) members appointed by the Mayor and approved
by the Council, each to be appointed for a term of five (5) years, excepting that when
the Board shall first be created one member shall be appointed for a term of five (5)
years, one for a term of four (4) years, one for a term of three (3) years, one for a term
of two (2) years, and one for a term of one year. Members shall be removable for
cause by the Mayor and Council upon written charges and after public hearing.
Vacancies shall be filled for the unexpired term of any member whose term becomes
vacant.
2.
The Zoning Board of Adjustment shall adopt rules for the conduct of its
business, establish a quorum and procedure, and keep a public record of all findings
and decisions. Meetings of the Board shall be held at the call of the Chairperson and
at such other times as the Board may determine. Each session of the Zoning Board of
Adjustment, at which is exercised any powers granted under this section, shall be a
public meeting with public notice of said meeting and business to be published in a
newspaper of general circulation in the City, at least one time seven (7) days prior to
the meeting. Not less than seven (7) days before said meeting, the City Clerk shall
send a copy of the notice of said meeting and business, by certified mail, to the
owners of the property included in any proposed change and to those owners
immediately adjacent in the rear thereof extending the depth of one lot or not to
exceed two hundred (200) feet therefrom and to those owners directly opposite
thereto, extending the depth of one lot or not to exceed two hundred (200) feet from
the street frontage of such opposite lots, at the address as shown by the records of the
County Auditor. If a property is shown to be in the name of more than one owner at
the same mailing address, a single notice may be mailed, addressed to all owners at
that address. Failure to receive a mailed notice is not a defense to the proposed
change.
3.
An appeal may be taken to the Zoning Board of Adjustment by any person,
group or organization, public or private, affected by a decision of the building
official. Such appeal shall be taken within such time as prescribed by the Board by
general rule, by filing with the building official a notice of appeal, specifying the
grounds thereof. A fee set by resolution of the Council, plus publication cost, shall
accompany all notices of appeals. The building official shall forthwith transmit to the
Board all the papers constituting the record upon which the action appealed from was
taken.
4.
The Zoning Board of Adjustment shall have the following powers:
A.
To hear and decide appeals, where it is alleged there is an error in
any order, requirement, decision or determination made by the building
official in the enforcement of this chapter, and may affirm or reverse, in
whole or part, said decision of the enforcement officer.
B.
To hear requests for variances from the literal provisions of the
zoning regulations in instances where strict enforcement of the zoning
regulations would cause undue hardship due to circumstances unique to the
individual property under consideration, and grant such variances only when
it is demonstrated that such action will be in keeping with the spirit and intent
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ZONING REGULATIONS
of the provisions of the zoning regulations. The Zoning Board of Adjustment
shall not permit, as a variance, any use in a zone that is not permitted under
the chapter. The Zoning Board of Adjustment may impose conditions in the
granting of a variance to insure compliance and to protect adjacent property.
C.
To hold public hearings on and decide the following exceptions to or
variations of this chapter:
(1)
To permit the extension of a district where the boundary line
thereof divides a lot held in a single ownership at the time of
adoption of this chapter.
(2)
Interpret the provisions of this chapter in such a way as to
carry out the intent and purpose of the plan, as shown upon the
zoning district map where the street layout on the ground varies from
the street layout as shown on this map.
(3)
Classify commercial or industrial uses not specifically listed
in this chapter.
(4)
Permit reconstruction of a nonconforming building otherwise
prohibited by Subsection 167.20(3) where such action would not
constitute continuation of a monopoly.
(5)
Vary the yard regulations where there is an exceptional or
unusual physical condition of a lot, not generally prevalent in the
neighborhood, which condition when related to the yard regulations
of this chapter would prevent a reasonable or sensible arrangement of
buildings on the lot.
(6)
Vary the parking regulations by not more than fifty (50)
percent where it is conclusively shown that the specific use of a
building would make unnecessary the parking spaces otherwise
required by this ordinance.
D.
To hear and decide upon applications for conditional use permits
specifically listed in the district regulations of this chapter. Before
authorizing the issuance of such a conditional use permit, the Board may
impose such conditions as will, in the Board’s judgment, insure that:
(1)
The establishment, maintenance or operation of the
conditional use will not be detrimental to or endanger the public
health, safety, morals, comfort or general welfare.
(2)
The conditional use will not be injurious to the use and
enjoyment of other property in the immediate vicinity for the
purposes already permitted, nor substantially diminish and impair
property values within the neighborhood.
(3)
The establishment of the conditional use will not impede the
normal and orderly development and improvement of surrounding
property for uses permitted in the district.
(4)
Adequate utilities, access roads, drainage, and/or other
necessary facilities will be provided.
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ZONING REGULATIONS
(5)
Adequate measures will be taken to provide ingress and
egress so designed as to minimize traffic congestion in the public
streets.
(6)
The conditional use shall in all other respects conform to the
applicable regulations of the district in which it is located and the
Board shall find that there is a public necessity for the conditional
use.
5.
Decisions of the Board in respect to the above shall be subject to appeal to
the District Court of Plymouth County within thirty (30) days after the filing of the
decision in the office of the Board.
167.22
ADMINISTRATION AND ENFORCEMENT.
1.
It shall be the duty of the person designated by the Mayor as building official
to administer and enforce the regulations contained herein.
2.
No building shall be undertaken without a building permit and without an
occupancy permit as required by this section. Application for a building permit shall
be accompanied by a lot plat in duplicate, drawn to scale, showing the name of
applicant, the actual dimensions of the lot to be built upon as shown by a survey, the
size, shape and location of the building to be erected, and such other information as
may be necessary for the enforcement of this chapter. A record of applications and
lot plats shall be kept in the office of the building official.
Subsequent to the effective date of this chapter no change in the use or occupancy of
land, or in the use or occupancy of an existing building other than for single-family
dwelling purposes, shall be made, nor shall any new building be occupied until a
certificate of occupancy has been issued by the building official. Such certificate of
occupancy shall state that the new occupancy complies with all provisions of this
chapter.
No permit for excavation for, or the erection or alteration of, any building, except for
farm buildings, shall be issued before application has been made and approved for a
certificate of occupancy and compliance, and no such building or premises shall be
occupied until such certificate and permit is issued.
A record of all certificates of occupancy shall be kept on file in the office of the
building official.
167.23
AMENDMENTS.
1.
The City Council may from time to time, on its own motion or on petition,
amend, supplement, change, modify or repeal by ordinance the boundaries of districts
or regulations, or restrictions herein established. Any proposed amendment,
supplement, change, modification or repeal shall first be submitted to the City
Planning and Zoning Commission for its recommendations and report. If the City
Planning and Zoning Commission makes no written report to the City Council within
thirty (30) days, it shall be considered to have made a report approving the proposed
amendment, supplement, modifications or change.
After the written
recommendations and report of the City Planning and Zoning Commission have been
filed, the City Council shall before enacting any proposed amendment, supplement,
change, modification or repeal, hold a public hearing in relation thereto, giving at
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CHAPTER 167
ZONING REGULATIONS
least seven (7) and no more than twenty (20) days’ notice of the time and place of
such hearing, which notice shall first be published in a newspaper having a general
circulation in the City of Le Mars, Iowa. In addition thereto, the City Clerk shall send
a copy of the proposed amendment, supplement, change, modification or repeal by
certified mail to the owners of the properties included in such proposed change and to
those owners of properties immediately adjacent to the properties included in such
proposed change extending the depth of one lot or not to exceed two hundred (200)
feet therefrom and to those owners directly opposite thereto, extending the depth of
one lot or not to exceed two hundred (200) feet from the street frontage of said
property included in such proposed change to said opposite property. The mailings to
the above said property owners shall be addressed as shown by the records of the
Plymouth County, Iowa, Auditor, and they shall be placed by the City Clerk in a U.S.
mail depository in Le Mars, Iowa, not less than seven (7) and no more than twenty
(20) days before the above said public hearing. If a property is shown to be in the
name more than one owner at the same mailing address, a single notice may be
mailed addressed to all owners at that address. Failure to receive a mailed notice is
not a defense to the proposed change.
If the City Planning and Zoning Commission recommends against, or if a protest
against such proposed amendment, supplement, change, modification or repeal shall
be presented in writing to the City Clerk, duly signed and acknowledged by the
owners of twenty (20) percent or more, either of the area of the lot included in such
proposed change, or of those immediately adjacent thereto extending the depth of one
lot or not to exceed two hundred (200) feet therefrom or of those directly opposite
thereto, extending the depth of one lot or not to exceed two hundred (200) feet from
the street frontage of the property included in the proposed change to such opposite
lots such amendment, supplement, change, modification or repeal shall not become
effective except by the favorable vote of three-fourths (¾) of the members of the City
Council.
2.
Before an action shall be taken as provided in this section, any private party
or parties proposing a change in the zoning regulations or district boundaries shall
deposit with the City Treasurer a sum set by Council resolution to cover the
approximate cost of this procedure, and under no condition shall said sum or any part
thereof be refunded for failure of said change to be adopted by the City Council.
167.24 INTERPRETATION.
1.
In interpreting and applying the provisions of this chapter, they shall be held
to be the minimum requirements for the promotion of the public safety, health,
convenience, comfort, morals, prosperity and general welfare. It is not intended by
this chapter to interfere with or abrogate or annul any easements, covenants or other
agreements between parties, except that if this chapter imposes a greater restriction,
this chapter shall control.
2.
A district name or letter-number combination shown on the district map
indicates that the regulations pertaining to the district designated by that name or
letter-number combination extend throughout the whole area in the municipality
bounded by the district boundary lines within which such name or letter-number
combination is shown or indicated, except as otherwise provided by this section.
- 1086 -
CHAPTER 167
ZONING REGULATIONS
3.
Where uncertainty exists with respect to the boundaries of the various
districts as shown on the map accompanying and made a part of this chapter, the
following rules shall apply:
A.
In cases where a boundary line is given a position within a street or
alley or nonnavigable stream, it shall be deemed to be in the center of the
street, alley or stream and if the actual location of such street, alley or stream
varies slightly from the location as shown on the district map, then the actual
location shall control.
B.
In cases where a boundary line is shown as being located a specific
distance from a street line or other physical feature, this distance shall
control.
C.
In cases where a boundary line is shown adjoining or coincident with
a railroad, it shall be deemed to be in the center of the railroad right-of-way
and distances measured from the nearest rail of the designated track.
D.
Where the district boundaries are not otherwise indicated and where
the property has been or may hereafter be divided into blocks and lots, the
district boundaries shall be construed to be the lot lines, and where the
districts designated on the map accompanying and made a part of this chapter
are bounded approximately by lot lines, said lot lines shall be construed to be
the boundary of such districts unless said boundaries are otherwise indicated
on the map.
E.
In unsubdivided property, unless otherwise indicated, the district
boundary line on the maps accompanying and made a part of this chapter
shall be determined by the use of the scale contained on such map.
167.25
VIOLATIONS AND PENALTY.
1.
Any person, firm or corporation who violates, disobeys, omits, neglects, or
refuses to comply with, or who resists the enforcement of any of the provisions of this
chapter, shall be in violation of this Code of Ordinances. Each day that such violation
continues shall constitute a separate offense.
2.
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any building, structure or land is used in
violation of this chapter, the appropriate authorities of the City, in addition to other
remedies, may institute appropriate action or proceeding to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion, maintenance, or
use to restrain, or to correct or abate such violation, or to prevent any illegal act,
conduct business or use in or about such premises.
- 1087 -
CHAPTER 167
ZONING REGULATIONS
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
489
499
511
521
525
530
540
542
543
544
554
562
565
576
582
583
587
590
598
620
622
624
626
627
630
631
632
639
640
642
643
649
660
663
665
685
686
690
695
696
697
698
ADOPTED
10-31-72
12-4-73
4-15-75
12-16-75
6-15-76
10-19-76
9-20-77
10-4-77
11-15-77
11-15-77
7-11-78
1-2-79
3-6-79
1-7-80
7-1-80
8-5-80
1-6-81
3-3-81
7-24-81
10-18-83
2-7-84
4-17-84
6-5-84
6-5-84
6-5-84
7-3-84
7-3-84
12-18-84
12-18-84
2-5-85
2-19-85
10-1-85
8-18-87
4-5-88
5-17-88
4-18-89
5-2-89
8-15-89
12-5-89
12-19-89
4-3-90
4-17-90
ORDINANCE
700
702
707
708
710
713
714
721
723
725
727
728
730
735
738
742
747
753
755
760
770
771
772
774
776
780
798
805
808
811
813
814
820
821
822
823
824
825
828
829A
830
831
- 1088 -
ADOPTED
6-5-90
10-2-90
3-5-91
4-16-91
5-21-91
8-13-91
9-3-91
3-3-92
4-7-92
4-7-92
5-7-92
5-19-92
6-23-92
2-16-93
4-20-93
8-3-93
1-4-94
6-21-94
8-2-94
1-17-95
4-2-96
5-21-96
6-18-96
8-20-96
9-3-96
1-21-97
10-20-98
6-15-99
9-21-99
4-4-00
9-19-00
11-7-00
12-4-01
3-5-02
2-5-02
2-5-02
5-7-02
6-4-02
2-18-03
4-15-03
5-6-03
6-3-03
CHAPTER 167
ORDINANCE
833
835
836
840
841
842
844
847
849
850
851
852
857
862
867
868
873
874
875
889
891
899
900
909
910
914
915
924
ZONING REGULATIONS
ADOPTED
12-2-03
1-20-04
3-2-04
6-15-04
7-20-04
7-20-04
8-17-04
12-21-04
5-17-05
8-16-05
8-16-05
11-1-05
5-2-06
11-7-06
5-15-07
7-3-07
1-15-08
4-1-08
7-15-08
11-2-10
1-4-11
2-7-12
3-6-12
12-4-12
12-18-12
5-9-13
11-5-13
9-2-14
ORDINANCE
- 1089 -
ADOPTED
CHAPTER 167
ORDINANCE
ZONING REGULATIONS
ADOPTED
ORDINANCE
- 1090 -
ADOPTED
-i-

code of ordinances

Transcription

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