HomeMy Public PortalAboutZoning OrdinanceZONING ORDINANCE
OF THE
CITY OF RIVERDALE
IOWA
Adopted: July 1998
Amended: April 2011
Corrected: May 2012
Corrected: February - May, 2014
Proposed Amended: September-November 2014
Adopted: Dec 2 2014
Commission Revisions Dec, 2014
Commission Revisions January, 2015
Adopted September 29, 2015
Amended May 17, 2016
The preparation of this report was financed in part through funds provided by the Department of
Housing and Urban Development through an Integrated Grant issued by the Federal Regional
Council, Chicago, Illinois.
TABLE OF CONTENTS
Page
ARTICLE I: SHORT TITLE AND PURPOSE 1
Section 10. Title
Section 11. Purpose
ARTICLE II: DEFINITIONS 2
Section 20. Definitions
Section 21. Ordinance 1991-143 Requirements for Site Plans in Applications for
Building Permits
ARTICLE III: DISTRICT BOUNDARIES AND GENERAL REGULATIONS 11
Section 30. Districts
Section 31. District Map
Section 32. Vacations
Section 33. General Regulations
Section 34. Parking Requirements
Section 35. Fence Regulations
ARTICLE III-A: "HCOD" HIGHWAY CORRIDOR OVERLAY DISTRICT 14
Section 36. Title and Intent
Section 37. Applicability
Section 38. Use Regulations
Section 39. Height, Yard, Lot Width and Area Regulations
Section 39A. Performance Standards
ARTICLE IV: "R-1" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS 24
Section 40. Title
Section 41. Use Regulations
Section 42. Height Regulations
Section 43. Area Regulations
ARTICLE V: "R-2" MULTI-FAMILY RESIDENTIAL DISTRICT 26
Section 50. Title
Section 51. Use Regulations
Section 52. Height Regulations
Section 53. Area Regulations
ARTICLE VI: "C" COMMERCIAL DISTRICT 28
Section 60. Title
Section 61. Use Regulations
Section 62. Height Regulations
Section 63. Area Regulations
ARTICLE VI-A: C-1" AND "C-2" COMMERCIAL DISTRICTS 31
Section 60A. Purpose and Applicability
Section 61A. C-1 Local Shopping District
Section 62A. C-2 Community Shopping District
Section 63A. Off-Street Parking and Loading
Section 64A. Signs
Section 65A. Landscaping
ARTICLE VII: "M-1" LIGHT INDUSTRIAL DISTRICT 77
Section 70. Title
Section 71. Use Regulations
Section 72. Height Regulations
Section 73. Area Regulations
ARTICLE VIII:"M-2" HEAVY INDUSTRIAL DISTRICT 79
Section 80. Title
Section 81. Use Regulations
Section 82. Height Regulations
Section 83. Area Regulations
ARTICLE IX: SPECIAL USE PERMITS 80
Section 90. Special Use Permit Regulations
Section 91. Special Uses Permitted
Section 92. Procedures for a Special Use Permit
ARTICLE X: NON-CONFORMING USES 82
Section 100. Continuation of Non-Conforming Uses
Section 101. Discontinuation of Certain Non-Conforming Uses
Section 102. Restoration After Damage
Section 103. Lapses in Non-Conforming Uses
ARTICLE XI: EXCEPTIONS AND VARIATIONS TO THE USE, HEIGHT AND AREA
REGULATIONS 83
Section 110. Exceptions and Variations
Section 115. Reasonable Accommodation Variance
ARTICLE XII: BOARD OF ADJUSTMENT 85
Section 120. Creation and Membership
Section 121. Meetings
Section 122. Appeal
Section 123. Jurisdiction
Section 124. Notification
Section 125 Relief
ARTICLE XIII:OCCUPANCY PERMITS 90
Section 130. Applicability
Section 131. Record Requirements
ARTICLE XIV: PLATS 91
Section 140. Requirements
ARTICLE XV: BOUNDARIES OF DISTRICTS 92
Section 150. Rules Where Uncertainty May Arise
ARTICLE XVI: ENFORCEMENT 93
Section 160. Zoning Inspector
ARTICLE XVII: INTERPRETATION, PURPOSE AND CONFLICT 94
Section 170. Interpretation, Purpose and Conflict
ARTICLE XVIII: AMENDMENTS AND CHANGES 95
Section 180. Authority
Section 181. Procedure
ARTICLE XIX: VIOLATION AND PENALTY 96
Section 190. Fines for Violations
Section 191. Violations
ARTICLE XX: VALIDITY 97
Section 200. Validity
ARTICLE XXI: REPEAL OF CONFLICTING ORDINANCES 98
Section 210. Repeal of Conflicting Ordinances
ARTICLE XXII: DATE OF EFFECT 99
Section 220. Date of Effect
ARTICLE I
SHORT TITLE AND PURPOSE
SECTION 10. TITLE.
This Ordinance shall be known as the Zoning Ordinance of the City of
Riverdale.
SECTION 11. PURPOSE.
An Ordinance, dividing the City into districts; regulating the uses
permitted in such districts; specifying minimum lot sizes, setbacks and
side yards, and maximum building heights; providing for appeals and
imposing penalties; and requiring permits for building, structures, and the
use thereof.
For the purpose of promoting the public health, safety, morals, comfort
and general welfare, conserving the value of property throughout the City
and lessening and avoiding congestion in the public streets.
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ARTICLE II
DEFINITIONS
SECTION 20. DEFINITIONS.
For the purpose of this Ordinance, certain terms and words are hereby
defined. Words used in the present tense shall include the future; the
singular number shall include the plural and the plural the singular; the
word "building" shall include the word "structure" and the word "shall" is
mandatory and not directory.
20.01. Accessory Buildings. A subordinate building or a portion of the
main building, the use of which is incidental to that of the main
building or to the main use of the premises. An accessory use is
one which is incidental to the main use of the premises.
20.02. Alley. A public or private thoroughfare which affords only a
secondary means of access to property abutting thereon.
20.03. Basement. A story having part but not more than one-half(1/2) of
its height below grade. A basement is counted as a story for the
purpose of height regulation if subdivided and used for dwelling
purposes other than by a janitor employed on the premises.
20.04. Bike Path. A track, trail or way, paved or unpaved used primarily
for bicycle riding, jogging, walking or other non-motorized
recreational purpose.
20.05. Buildings. Any structure designed or intended for the support,
enclosure, shelter, or protection of persons, animals, chattels, or
property. When a structure is divided into separate parts by
unpierced walls extending from the ground up, each part is
deemed a separate building.
20.06. Building, Height Of. The vertical distance from the grade to the
highest point of the coping of a flat roof or to the deck line of a
mansard roof, or to the mean height level between eaves and
ridge for gable, hip and gambrel roofs.
20.07. Cellar. A story having more than one-half(1/2) of its height below
grade. A cellar is not included in computing the number of stories
for the purpose of height measurement.
20.08. Display Sign. A structure, device or decorative display that is
arranged, intended, designed or used as an advertisement,
announcement or direction; including a sign, sign screen,
billboard, poster panel used in whole or in part for advertising
purposes and any other advertising device, of any kind.
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20.09. District. A section or sections of the City of Riverdale for which
the regulations governing the use of buildings and premises, the
height and size of buildings, the size of yards, and intensity of use
are uniform.
20.10. Dwelling, Single-Family. A building designed for or occupied
exclusively by one family for residential purposes.
20.11. Dwelling, Two-Family. A building designed for or occupied
exclusively by two families for residential purposes.
20.12. Dwelling, Multiple. A building designed for or occupied
exclusively by more than two families for residential purposes.
20.13. Family. One or more persons occupying premises and living as a
single housekeeping unit, whether or not related to each other by
birth, adoption, or marriage, but no unrelated group shall consist
of more than five (5) persons.
20.14. Farm. An area which is used for the growing of the usual farm
products such as vegetables, fruit, trees, and grain, and their
storage on the area, as well as for the raising thereon or the usual
farm poultry and farm animals, such as horses, cattle, sheep and
swine. The term "farming" includes the operating of such an area
for one or more of the above uses, including dairy farms with the
necessary accessory uses for treating or storing the produce. A
farm must consist of 75 acres or more.
20.15. Filling Station. Any building or premises used for the dispensing,
sale or offering for sale at retail of any automobile fuels or oils.
When the dispensing, sale, or offering for sale is incidental to the
conduct of a public garage.
20.16. Frontage. All the property on one side of a street between two
intersecting streets (crossing or terminating), measured along the
line of the street, or if the street is dead-ended, then all of the
property abutting on one side between an intersecting street and
the dead-end of the street.
20.17. Garage, Private. An accessory building housing motor-driven
vehicles which are the property of and for the private use of the
occupants of the lot on which the private garage is located. Not
more than one (1) of the vehicles may be a commercial vehicle
and of not more than three (3) tons capacity.
20.18. Garage, Public. Any building or premises except those used as a
private or storage garage, used for equipping, repairing, hiring,
selling or storing motor-driven vehicles.
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20.19. Garage, Storage. Any building, or premises, used for housing
only of motor-driven vehicles, other than trucks and commercial
vehicles, pursuant to previous arrangements and not to transients,
and at which automobile fuels and oils are not sold and motor-
driven vehicles are not equipped, repaired, hired or sold.
20.20. Grade. The average level of the finished surface of the ground
adjacent to the exterior walls of the building.
20.21. Habitable Living Space. Actual space actively inhabited by the
residents of a dwelling including a finished cellar or basement as
defined in Section 20.03 and 20.07.
20.22. Home Occupation. Any occupation or profession carried on by a
member of the immediate family, residing on the premises.
Provided, however, that there is used no display that will indicate
from the exterior that the building is being utilized in whole or in
part for any purpose other than that of a dwelling other than a sign
not more than two (2) square feet in area; and, there is not
commodity sold upon the premises other than medicines and
drugs sold as an incident to the practice of medicine; no person is
employed other than a member of the immediate family residing
on the premises; and no mechanical equipment is used except
such as is permissible for purely domestic or household purposes.
20.23. 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 boarding house or lodging house.
20.24. Institution. A hospital, orphanage, nursing home, rest home or
home for the aged whether or not operated for profit and any non-
profit establishment occupied for a public use.
20.25. Living Space. Actual space actively inhabited by the residents of
a dwelling including a finished cellar or basement as defined in
Section 20.03, 20.07 and 20.21.
20.26. Lots. A parcel of land occupied or intended for occupancy by a
use permitted in this Ordinance, including one (1) main building
together with its accessory buildings, the open spaces and parking
spaces required by this Ordinance, and having the principal
frontage upon a street or upon an officially approved place.
20.27. Lot, Corner. A lot abutting upon two (2) or more streets at their
intersection.
20.28. Lot, Depth Of. The mean horizontal distance between the front
and rear lot lines.
20.29. Lot, Double Frontage. A lot having a frontage on two (2) non-
intersecting streets, as distinguished from a corner lot.
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20.30. Lot of Record. A lot which is a part of a subdivision, the map of
which has been recorded in the office of the County Recorder of
Scott County, Iowa; or a parcel of land, the deed to which was
recorded in the office of the County Recorder prior to the adoption
of this Ordinance.
20.31. Non-Conforming Use. Any building or land lawfully occupied by a
use at the time of passage of this Ordinance or amendment
thereto, which use does not conform after the passage of this
Ordinance or amendments thereto with the use regulations of the
district in which it is situated.
20.32. Parking Space. An area surfaced with a concrete or asphalt type
of material, enclosed in the main building, in an accessory
building, or unenclosed, sufficient in size to store one (1) standard
automobile, and if the space is unenclosed comprising an area of
not less than one hundred and forty (140) square feet, exclusive of
a durably surfaced driveway connecting the parking space with a
street or alley and permitting satisfactory ingress and egress of an
automobile.
20.33. Place. An open unoccupied space other than a street or alley
permanently reserved as the principal means of access to abutting
property.
20.34. Satellite Receivers. A satellite receiver is a concave dish antenna
designed and intended to transmit or receive or intercept
microwave, television, radio and other such signals or
transmissions.
20.35. Storage Shed. An accessory building used for housing of lawn
and garden equipment, tools or storage of other miscellaneous
personal property not for hire and which is incidental to the
residential use of the premises and having dimensions which do
not exceed twelve (12) feet in width, sixteen (16) feet in length and
a height of fourteen (14) feet to the peak of the roof.
20.36. Street. All property dedicated or intended for public or private
street, highway, freeway, or roadway purposes or subject to public
easements therefore.
20.37. Story. That portion of a building other than a cellar, including
between the surface of any floor and the surface of the floor next
above it or if there be no floor above it, then the space between
the floor and the ceiling next above it.
20.38. Story-Half. A space under a sloping roof which has the line of
intersection of roof decking and wall face not more than three (3)
feet above the top floor level, and in which space not more than
sixty (60) percent of the floor area is finished off for use.
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20.39. Street Line. A dividing line between a lot, tract or parcel of land
and a contiguous street.
20.40. Structure. Anything constructed or erected, the use of which
requires permanent location on the ground or attached to
something having a permanent location on the ground, including
but without limiting the generality of the foregoing, advertising
signs and billboards.
20.41. Structural Alterations.Any change in the supporting members of
a building, such as bearing walls or partitions, columns, beams or
girders, or any substantial change in the roof or in the exterior
walls.
20.42. Tourist Court or Motel.An area containing one (1) or more—
permanent structures designed or intended to be used as
temporary living facilities of one (1) or more families and intended
primarily for automobile transients.
20.43. Camp or Trailer Court. Any area other than a tourist court or
motel containing two (2) or more structures, designed or intended
to be used as living facilities of two (2) or more families; or any
area providing spaces where one (1) or more tents or trailers can
be or are intended to be emplaced or parked.
20.44. Trailer. Any structure used for living, sleeping, business or
storage purposes, originally having no foundation other than
wheels. The term "trailer" shall include camp car and house car.
20.45. Yard. An open space on the same lot with a building, unoccupied
and unobstructed by any portion of a structure from the ground
upward, except as otherwise provided herein. In measuring a yard
for the purpose of determining the width of a side yard, the depth
of a front yard or the depth of a rear yard, the mean horizontal
distance between the lot line and main building shall be used.
20.46. 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 projection
thereof, including signs, other than the projection of the usual
steps or entrance-way.
20.47. Yard, Rear. A yard extending across the rear of a lot, measured
between the side lot lines, and being the minimum horizontal
distance between the rear lot line and the rear of the main building
or any projections other than steps, unenclosed balconies or
unenclosed porches. On corner lots the rear yard shall be
considered as parallel to the street upon which the lot has its least
dimension. On both corner lots and interior lots the rear yard shall
in all cases be at the opposite end of the lot from the front yard.
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20.48. Yard, Side. A yard between a building or any projections other
than steps and the side line of the lot, extending from the front
yard to the rear yard.
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SECTION 21. ORDINANCE NO. 1991-143
REQUIREMENTS FOR THE SUBMISSION OF SITE PLANS IN APPLICATIONS FOR
BUILDING PERMITS
A. PURPOSE. It is essential that new developments and improvements to existing
developments meet established minimum standards for the design of such developments to
protect existing developments, to insure adequate provisions for public/private utilities, such as
sewer, water, and roads, and to promote the health, safety and general welfare of the public.
B. APPLICATION. The owner, possessor or developer of any property or land upon which
any structure or building is to be constructed or upon which any resurfacing, change of grade or
change of contour shall be performed shall be required to apply for a building permit and shall
submit with the application for building permit a site plan along with the information required in
this section.
An owner or possessor of property who is applying for a building permit for a single
family residence will not be required to submit such a site plan under the section unless
specifically requested to do so by the zoning inspector or designate at the discretion of the
zoning inspector or designate. Building permit applications for all other construction or
improvement shall include a site plan along with the information required in this section.
The provisions of this section relating to the submission of site plans and other
information are in addition to all other requirements pertaining to construction and development
contained in the city Code; and nothing herein shall be construed so as to modify, limit, or
eliminate the requirements set forth in other provisions of the city Code.
C. PROCEDURE. A site plan shall be filed with the City Clerk and City Engineer, who will
determine if all the information is provided and adequate for review. Once all the required
information is received, the City Clerk shall immediately forward copies of the site plan to the
planning and zoning commission and to the consulting engineer for the city designated by the
planning and zoning commission. A copy of the site plan shall also be sent to all adjoining
property owners. Upon receipt of the site plan, the planning and zoning commission shall
schedule a review by the planning and zoning commission at the next regular meeting beyond
fifteen (15) days of official receipt.
1) The planning and zoning commission shall review the site plan proposal at said
meeting, receive a report from the designated city engineer and receive comments from the
public. The commission shall make its determination of conditions for approval of the site plan
within thirty-five (35) days of the first meeting. If no action is forthcoming within the thirty-five
35) days, the site plan shall be deemed approved and building permit may be issued.
2) The developer may appeal the conditions of the planning and zoning commission
placed on the proposed development by notifying in writing the city council within thirty (30)
days of the commission's decision and shall specify what relief is requested of the city council.
The city council shall hear said appeal at a council meeting within fifteen (15) days and act upon
the appeal at a regular council meeting within thirty (30) days of the appeal receipt.
3) A building permit may only be issued after planning and zoning commission
approval or decision of the city council on appeal.
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D. SITE PLAN REVIEW STANDARDS. The standards of site design listed below are
intended only as minimum requirements, so that the general development pattern in the city of
Riverdale may be adjusted to a wide variety of circumstances and topography, and to insure
reasonable and orderly growth in the community.
1) All proposed developments shall conform to existing city ordinances and state
laws and regulations promulgated by state agencies.
2) Internal roads and streets shall be adequately constructed to accommodate the
traffic generated. Entrances and exits on to public streets shall not unduly increase congestion
or traffic hazards on the public streets and the subject property.
3) The proposed development shall be designed with appropriate regard for
topography, surface drainage, natural drainage ways and streams, wooded areas, and other
naturally sensitive areas which lend themselves to protection from degradation.
4) The proposed development shall be designed with adequate water supply and
sewage treatment facilities and storm water drains and structures necessary to protect the
public health and welfare by not overloading existing public utilities. Run-off from development
shall not be outletted onto adjacent properties or into the public drainage structures at a rate in
excess of the existing run-off prior to development.
5) The proposed development shall be designed, and the buildings and
improvement shall be located within the tract or parcel in such a manner as not to unduly
diminish or impair the use and enjoyment of adjoining or surrounding property. And to such end,
the owner, possessor or developer shall provide for such fences, landscaping and other
improvements as are proper and necessary to buffer the proposed use from the existing or
potential surrounding land uses.
6) The proposed development shall be designed not to unduly increase the public
danger of fire, explosion, and other safety hazards on the general public and the persons
residing or working in adjoining or surrounding property.
E. INFORMATION TO BE SUBMITTED WITH SITE PLAN. The purpose of the site plan is
to show the facts needed to enable the planning and zoning commission to determine whether
the proposed development meets the requirements of this section and complies with the
standards listed herein. The site plan shall contain or be accompanied by the following
information:
1) Location map showing relationship to surrounding roads, streams, public facilities
and private properties.
2) The scale of the site plan shall not be more than one (1) inch to equal fifty (50)
feet. Scale shall be shown in legend.
3) Date, north marker, name of proposed development, if any.
4) Existing buildings, utilities, railroad, rights-of-way, easements, location and name
of existing roads, stands of trees, drainage ways, and facilities or structures for storm water run-
off.
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L
5) Location and name of adjoining subdivision, subdivision lots therein, and names
of adjoining landowners.
6) Existing and proposed contour lines at intervals of two (2) feet with a minimum of
two (2) contours.
7) All proposed storm water retention areas, and overground and underground
drainage ways for storm water.
8) Engineering calculations demonstrating compliance with paragraph 0(4)
hereinabove, relating to storm water run-off.
9) Proposed location of buildings, parking lots, driveways, etc.
F. FEES. Before the site plan is considered by the planning and zoning commission, the
building permit applicant shall pay the fees as determined by Scott County and the City of
Riverdale.
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ARTICLE III
DISTRICT BOUNDARIES AND GENERAL REGULATIONS
SECTION 30. DISTRICTS.
In order to classify, regulate and restrict the locations of trades, industries
and the location of buildings designed for specific uses, to regulate and
limit the height and bulk of buildings hereafter erected or structurally
altered, to regulate and limit the intensity and use of the lot areas and to
regulate and determine the areas of yards, courts and open spaces within
and surrounding such buildings, the City of Riverdale, Iowa, is hereby
divided into districts of which there shall be seven (7) in number, known
as:
HCOD" Highway Corridor Overlay District
R-1" Single-Family Residential District
R-2" Multi-Family Residential District
C-1" Local Shopping District
C-2" Community Shopping District
M-1" Light Industrial District
M-2" Heavy Industrial District
SECTION 31. DISTRICT MAP.
The boundaries of the districts are shown upon the map which is made a
part of this Ordinance, which map is designated as the "District Map." The
district map and all the notations, references, and other information
shown thereon are a part of this Ordinance and have the same force and
effect as if the district map and all the notations, references and other
information shown thereon were all fully set forth or described herein, the
original of which district map is properly attested and is on file with the
City of Riverdale, Iowa.
SECTION 32. VACATIONS.
Whenever any street, alley, or other public way is vacated by official
action of the Council of the City of Riverdale, the zoning district adjoining
each side of such street, alley, or public way shall be automatically
extended to the center of such vacation and all area included in the
vacation shall then and henceforth be subject to all appropriate
regulations of the extended district.
SECTION 33. GENERAL REGULATIONS.
Except as hereinafter provided:
33.01. No building shall be erected, converted, enlarged, reconstructed
or structurally altered, nor shall any building or land be used
except for a purpose permitted in the district in which the building
or land is located.
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33.02. No building shall be erected, converted, enlarged, reconstructed
or structurally altered to exceed the height limit herein established
for the district in which the building is located.
33.03. No building shall be erected, converted, enlarged, reconstructed
or structurally altered except in conformity with the area
regulations of the district in which the building is located.
33.04. The minimum yards and other open spaces, including lot area per
family, required by this Ordinance for each and every building
existing at the time of passage of this Ordinance or for any
building hereafter erected shall not be encroached upon or
considered as yard or open space requirements for any other
building.
33.05. No farm poultry or farm animals such as horses, cattle, sheep or
swine shall be kept on any property other than a farm. Domestic
animals such as dogs, cats, birds, rabbits, ferrets and pot bellied
pigs may be kept provided no more than three (3) are kept on
anyone property. On property of at least one and one-half(1-1/2)
acres in size, residents may keep a total of no more than three (3)
domestic animals which may include pygmy goats.
Exotic animals which are normally found in the wild or considered
potentially dangerous are not allowed. Exotic animals shall
include but not limited to skunks, raccoons, wolves, bears, wild
cats (tiger, lion, etc.) or their cubs, monkeys, pythons and normally
poisonous snakes.
33.06. Every building hereafter erected or structurally altered shall be
located on a lot herein defined and in no case shall there be more
than one (1) main building on one (1) lot unless otherwise
provided in this Ordinance.
SECTION 34. PARKING REQUIREMENTS.
34.01. There shall be two (2) parking spaces provided on the lot for each
dwelling unit.
34.02. Whenever a structure is erected or reconstructed for any
commercial purposes, there shall be provided off-street parking
spaces in the ratio of not less than one (1) parking space for each
two hundred (200) square feet of floor space in the building which
is used for commercial purposes, except that any restaurant or
establishment whose primary use is to serve meals, lunches or
drinks to patrons, either in their cars or in the building, shall
provide parking spaces on the lot in the ratio of not less than one
1) parking space for each one hundred (100) square feet of floor
space in the building. Such parking space shall be located on the
same lot as the building or on an area within three hundred (300)
12
feet of the building. Two or more owners of buildings may join
together in providing this parking space.
SECTION 35. FENCE REGULATIONS.
Fences within the "R-1" and "C" districts:
35.01. Height. Fences developed within the front yard may be
constructed to a height not to exceed forty-two (42) inches.
Fences developed within the side or rear yards may be
constructed to a height not to exceed six (6) feet. In all cases, the
smooth, finished nonstructural or dressed side of the fence, if any,
shall be directed toward the neighboring property of properties.
The height limits shall be reduced by the height on any artificial
berm on which the fence is constructed, except pertaining to
swimming pools. (See paragraph 4)
35.02. Construction. Within front yards, where the property takes its
identity and address, only open fences (fences having openings
between the material of which the fence is constructed
representing more than seventy percent (70%) of the total surface
of the fence), or solid fences (fences having openings between the
material of which the fence is constructed representing more than
twenty percent (20%) of the total surface of the fence) with a total
length not exceeding fifty percent (50%) of the lineal frontage of
the front yard, may be constructed. Barbed wire or similar fencing
will not be allowed in established residential areas.
35.03. Setback. Fences shall not be constructed within a thirty foot
visibility triangle at the intersection of two streets (measured along
the right-of-way lines of the two streets). Fences shall not be
constructed within a ten foot visibility triangle at the intersection of
a street and a private driveway (measured along the street right-
of-way line). Subject to the two previous restrictions, fences may
be constructed along the boundaries of a lot without setback. No
fence shall be constructed within drainage easements or
designated floodways. Fences which enclose agricultural,
livestock or row crop operations and do not exceed forty-two (42)
inches in height may be constructed along all boundaries of a lot
without setback, and are exempt from the visibility triangle
restrictions, as long as the fence is an open fence.
35.04. Swimming Pools. Any swimming pool with the design capacity of
more than 5,000 gallons shall obtain a building permit and have a
continuous barrier of building and/or protective fence of at least
five (5) feet in height but not to exceed six (6) feet.
35.05. Permits Required. A zoning permit must be obtained from the
City of Riverdale Zoning Inspector before any fence may be
constructed or erected on any property.
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ARTICLE III-A
HCOD HIGHWAY CORRIDOR
OVERLAY DISTRICT
SECTION 36. TITLE AND INTENT.
The ordinance codified in this Article III-A shall be known and cited
as the Highway Corridor Overlay District Ordinance of Riverdale,
Iowa". The district created hereunder is intended to establish a
physically attractive pattern of development on certain major
entrance corridors into the City of Riverdale, to protect these
areas from the negative effects of incompatible development and
to protect the traffic carrying of important highways within the city.
SECTION 37. APPLICABILITY.
The regulations set forth in this chapter, or set forth elsewhere in
this title when referred to in this chapter, are the regulations in the
HCOD" highway corridor overlay district. The HCOD highway
corridor overlay district shall apply to all property in the City of
Riverdale which is within 400 feet of either side of the right of way
of U.S. Route 67 (State Street), as well as property within 400 feet
of the right of way of Valley Drive from U.S. Route 67 (State
Street) to Fenno Road.
SECTION 38. USE REGULATIONS.
Permitted uses shall be all uses allowed in the underlying zoning
districts. All future rezonings in the "HCOD" highway corridor
overlay district other than single family residential shall be limited
to "C-1" local shopping district, "C-2" community shopping district,
M-1" light industrial district, and "M-2" heavy industrial district, as
these districts allow the degree of review and control necessary to
achieve the goals of the "HCOD" highway corridor overlay district
and allow a complete range of allowable uses for low density
residential to retail to industrial. Any property which is zoned "C"
commercial district within the HCOD highway corridor overlay
district prior to January 1, 2001, shall be permitted to continue its
use under this Article III-A without change, so long as the property
is not expanded or developed further or so long as its use is not
changed. In those instances, the property must conform to one of
the four allowed zoning districts within this Section 36.03.
This chapter shall not apply to single family detached homes or
single family subdivisions.
If there is a conflict between the requirements of the "HCOD"
highway corridor overlay district under this Article III-A and the
provisions of any applicable zoning district for any property, the
14
requirements of this Article III-A shall govern and prevail for such
property.
SECTION 39. HEIGHT, YARD, LOT WIDTH AND AREA REGULATIONS.
All requirements of the underlying zoning districts concerning
building height, lot area, and yard depths shall remain applicable
with the following exceptions:
a) A twenty-five foot landscape buffer shall be required on all
major arterial or minor arterial streets. Parking lot
circulation may cross the landscape buffer area but parking
may not be developed within the required setback. On all
other streets, a similar ten foot landscape buffer shall be
required. In cases where other provisions of the zoning
ordinance requires more restrictive standards, the more
restrictive standards shall apply.
b) All immediate structures for non-residential uses shall be
set back from any immediately contiguous property used
for residential development a minimum of twenty-five feet
for a one and one-half story building (maximum height
fifteen feet) and forty feet for a two story building
maximum height twenty-five feet). Structures shall be set
back an additional one foot for each foot of building height
over twenty-five feet to a maximum setback of seventy feet
from any immediately contiguous residential property line
or residential zone. Property separated by public rights-of-
way shall not be considered immediately contiguous
property.
The zoning board of adjustment may grant variances in cases
where the above setback regulations (subsections A and B)
unduly impact the developability of any lot subdivided for
development prior to the passage of this chapter. The Board may
consider the feasibility of complying with the additional setback
requirements based upon all of the following:
1.Existing lot size.
2.Compatibility with adjacent development.
3.Locational and topographical factors.
15
SECTION 39A. PERFORMANCE STANDARDS.
All uses and buildings permitted within the "HCOD" highway
corridor overlay district shall comply in total with the following
performance standards:
A) Open Space and Landscaping Requirements.
The total ground area devoted to open space for natural
landscape and landscape beautification shall not be less
than fifteen percent on any development site within the
HCOD" highway corridor overlay district. Such open
spaces will be free of all drives, parking areas, structures,
buildings, except for those walkways, monuments, and
ornamental features considered to be necessary and
essential to the central landscape theme. In the case of
underlying zones which require more restrictive standards,
the more restrictive standard shall apply.
Additional plantings, and larger caliper sizes and heights
may be required to achieve the goals of this chapter. This
landscaping shall be designed to minimize the adverse
effects of long expanses of wall, exposed parking, and
service areas.
Tree planting shall include a combination of evergreen and
deciduous trees and shrubs. In the required front yard,
canopy trees shall have a minimum caliper of two and one-
half inches, multi-stem clumps shall have a minimum
height of ten feet, understory trees shall have a minimum
height of five feet, deciduous shrubs shall have a minimum
height of twenty-four inches, and evergreen shrubs shall
have a minimum height of eighteen inches.
Caliper" shall be defined according to the standards of the
American Association of Nurserymen.
Where fences are necessary for commercial projects,
masonry, wrought iron/aluminum, moisture resistant wood
other than stockade) and hedges are encouraged. If
visible from a public street, galvanized chain link fences
are not to be allowed unless complemented by continuous
tall shrubbery completely obscuring the fence.
B) Architectural Standards.
Buildings within the "HCOD" highway corridor overlay
district shall be constructed of quality materials that have
strength and permanence. Permanence means that
buildings will age without deteriorating, given a minimum
16
level of maintenance. The development shall recognize
the strength and permanency of stone, brick, concrete, and
steel as opposed to the frailty of light gauge sheet metal
and constant maintenance of wood veneer. While no
specific materials are disallowed, certain materials will be
approved for exterior use only if they are an integral part of
a design of unusual merit. Among those materials are
architectural metal wall panels, plywood and composition
siding such as hardboard. Other materials may be
appropriate in one use or situation but be totally
inappropriate in another.
The city council may establish design guidelines to help
guide the decisions by the Planning and Zoning
Commission and to aid petitioners with design
considerations.
C) Restricted Uses.
There are some uses that require additional restrictions
within the "HCOD" highway corridor overlay district to
lessen their negative impact and make them more
compatible with the goals of this chapter. The following
uses are restricted:
1. Automobile salesroom or showroom, or new or
used car sales or vehicle storage lots. Design
principles shall be incorporated into the design of
auto dealerships which minimize the unattractive
aspects of large areas of parked cars. One-car-
deep display areas along arterial and collector
streets and freeways shall be permitted. Display
rows shall be screened from public rights-of-way
with an eighteen inch earth berm. Additional rows
of cars shall be separated from the initial row by a
shrubbery hedge that completely conceals the view
of these additional rows of cars from the public
right-of-way. Five percent of the balance of the
parking lot shall be landscaped and permeable in
the form of islands and peninsulas. Signs applied
to, located in, or painted onto vehicle bodies or
windshields on cars in the display area are
prohibited with the exception of factory invoices.
The use of pennants and tinsel are prohibited.
Elevated or tilted vehicle display platforms are
prohibited. An earth berm or other form of
landscape buffer shall be located around the sides
and rear of the property to shield the view of stored
cars from adjoining residences and streets, if any.
Berming and landscaping may be required to shield
the view from commercial areas depending on sight
lines. Lighting design shall be integrated with the
17
design of the dealership. Non-glare, cut off
luminaries shall be required so that lighting does
not spill over onto adjacent properties. The leasing
or renting of trucks intended for short term lease of
less than seven days shall be prohibited either as a
primary or an accessory use.
2.Public garages, service stations, car washes, repair
shops, auto parts installation shops, auto service
malls, and other similar uses. Building forms and
materials shall emphasize masonry and be
compatible with nearby retail buildings. Canopies
over pumps and their supports shall have no
lettering, logos, or striping, and shall be integrated
with the building design. The use of pennants and
tinsel are prohibited. Car wash structures shall be
a minimum of fifty feet from any residential property
line or residential zone. Outdoor storage shall be
confined to areas enclosed by masonry walls.
Stacks of tires, oil cans, and promotional items are
not permitted. Garage bays shall be concealed
from view from adjacent streets and parking lots
whenever possible. The leasing or renting of trucks
intended for short term lease of less than seven
days shall be prohibited either as a primary or an
accessory use.
3.Outdoor Retailing.
Outdoor retailing areas, such as garden centers,
shall be orderly and attractive, with low screening
walls concealing merchandise, except plant
materials, from view.
4.Contractor's yards and other similar uses involving
the outside storage of materials and/or vehicles and
equipment. Contractor's yards and other similar
uses shall be orderly with screening walls, berms,
and landscape buffers to completely screen them
from adjacent properties and public roads.
5.Outdoor Vending Machines.
For the purposes of this chapter, outdoor vending
machines shall also be considered outdoor
retailing. Such vending machines shall be
screened from public rights-of-way.
D) Environmental Performance Standards.
Complete abatement, elimination, or reduction of all
generally offensive characteristics such as odors, gases,
noise, vibration, pollution of air or water or soil, excessive
lighting intensity, hazardous activity, etc. which may be
18
detrimental to the general welfare of the community shall
be accomplished. The standards for compliance with this
paragraph shall be as follows:
1. Air Pollution.
The use shall not emit any smoke, dust, odorous
gases, or other matter in such quantities as to be
readily detectable at any point beyond the
perimeter of the site area.
2.Noise.
Riverdale Municipal Code, Chapter 53, "Riverdale
Noise Control Ordinance," shall be used to regulate
noise within the "HCOD" highway corridor overlay
district.
3. Vibration.
The use shall not include vibration which is
discernible without instruments on any adjoining lot
or property.
4.Site Lighting and Glare.
All lights, other than street lights, shall be so
situated and installed as to reflect away from
adjacent streets and residential areas. Light and
pole designs shall be compatible with the overall
design of the building(s) and site. In large parking
lots, poles are to be located within the landscape
islands. The scale of the parking area shall be
considered in the selection of pole height and
spacing. Pole height shall decrease, where
possible, near property lines and in low intensity
use areas to further reduce glare. Uplighting trees
and fountains, accent lighting on shrubs and
entrances, and silhouette lighting may be used to
create special effects.
5.Traffic Hazard.
The use shall not involve any activity substantially
increasing the movement of traffic on public streets
to a point that capacity and safety limitations are
exceeded unless procedures are instituted to limit
traffic hazards and congestion.
6.Storm Water Detention and Erosion Control.
The use and development of the use will comply
with the soil erosion, sediment control, and storm
water runoff control standards and specifications of
the Scott County Soil Conservation District and the
general principles of the Subdivision Ordinance of
Riverdale, Iowa, including Section 30.12 of such
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ordinance. All development with a disturbed site in
excess of one acre shall submit a copy of State of
Iowa Department of Natural Resources Permit with
accompanying plans. On sites less than one acre,
an erosion control plan shall be required if, in the
opinion of the city engineer, it is necessary to
protect off-site properties. An approved grading
plan shall be required prior to the commencement
of any grading.
7.Overtax Public Utilities and Facilities.
The use shall not involve any activity substantially
increasing the burden on any public facilities or
utilities, unless provisions are made for necessary
adjustments.
8. All utilities provided as new installation shall be
underground and comply in full with the regulations
set forth in Article V, Required Improvements, of
the Subdivision Ordinance of the City of Riverdale,
Iowa.
E) Off-Street Parking and Loading.
The required number of spaces shall remain the same as
that of the underlying zoning districts. In all cases, parking
lots created in the "HCOD" highway corridor overlay district
shall be constructed with concrete or asphalt curbing. In
all cases, parking areas shall be screened from any public
right-of-way or adjacent residential area by proper siting,
the use of earth berms and vegetation. Earth berms shall
be a minimum of three feet in height (with the exception of
those on automobile sales display rows) and shall be
supplemented with substantially mature trees and shrubs
which have year-round effectiveness. Service areas,
loading docks, and garbage facilities shall be located
properly and screened as well. Landscaped parking
islands and peninsulas shall be included in lot layout to
reduce the visual impact and produce shade. In parking
lots of twenty or more spaces, an area equal to five
percent of the total parking lot area must be landscaped
and permeable. This shall not include perimeter plantings.
This requirement may be waived in the case of industrial
properties where interior landscaping may interfere with
the necessary movement of trucks and other equipment.
F) HCOD Highway Corridor Overlay District.
Signage shall be consistent with the central aesthetic
theme of the "HCOD" highway corridor overlay district; sign
materials shall be permanent or long lasting in quality. The
lighting of signs shall be non-intrusive with back lighting or
other methods of indirect lighting required. Project and
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business identification signage shall be limited solely to
wall signs, monument signs, ground signs and awnings.
Billboards are prohibited within the "HCOD" highway
corridor overlay district regardless of the underlying zoning.
1.Wall Skins.
Wall signs shall be limited in size by the regulations
of the underlying district. Signs painted on a wall
shall be prohibited.
2.Freestanding Ground Skins.
For the purposes of this chapter, a freestanding
ground sign shall mean a sign placed directly on
the ground the allowed height of which shall be
determined by land use. All such signs shall have
monument-type bases of masonry construction. A
comparable alternate base material may be used
upon written approval of the design review
committee or by the city council where signage
requires final development plan approval. Sign
setbacks shall be equivalent to those found in the
underlying zoning district.
a) Large Retail Stores and Shopping Centers.
For the purposes of this subsection, a large
retail store or shopping center shall be
defined as a single retail store or multiple
store center located on a site that is eight
acres or more in size. Such store or center
shall be allowed one ground sign a
maximum of twenty-five feet in height for
center identification with a maximum sign
area of four hundred square feet. Center
identification signs can state the name of
the shopping center and a major tenant or
tenants.
Pad sites or out lots incorporated into large
shopping centers shall be limited to one
ground sign a maximum of fifteen feet in
height with a maximum of one hundred
square feet of sign area.
All other signage shall consist of building
mounted signage consistent with the
regulations of the underlying zoning district.
b) Small Retail Stores and Shopping Centers.
For purposes of this section, a small store
or shopping center shall be defined as any
single retail store or multiple store center
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located on a site that is less than eight
acres in size. A retail store shall also be
limited to those structures in which the
primary use is for retail sales to the public.
Such store or tenant shall be limited to one
ground sign a maximum of fifteen feet in
height with a maximum sign area of one
hundred square feet.
All other signage shall consist of building
mounted signage consistent with the
regulations of the underlying zoning district.
c) Travel Related Uses.
For purposes of this subsection, travel
related uses are those uses that are used
primarily by the motoring public and are
limited to hotel/motel, service or gas
stations and restaurants. Such uses shall
be limited to one freestanding ground sign
fifteen feet in height with a maximum sign
area of one hundred square feet.
All other signage shall consist of building
mounted signage consistent with the
regulations of the underlying zoning district.
d) All Other Commercial, Industrial, and
Institutional Uses.
All other commercial, industrial, and
institutional uses shall be limited to one
freestanding ground sign not to exceed six
feet in height with the maximum area
determined by the zoning district. All other
signage shall comply with the regulations of
the underlying zoning district.
e) Subdivision, Apartment Complex Signs.
Subdivision, townhouse, condominium, and
apartment complex signs, regardless of
zoning district, shall be limited to monument
signs with a maximum height of four feet, a
maximum sign area of thirty-two feet, and a
minimum front yard setback of five feet.
f)Billboard Signs.
Billboards are prohibited within the "HCOD"
highway corridor overlay district regardless
of the underlying zoning.
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g) The use of tinsel and pennants or other
attention-getting devices other than
approved signage are prohibited in the
HCOD" highway corridor overlay district
other than for a thirty-day period
immediately following the granting of an
occupancy permit for a new business.
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ARTICLE IV
R-1" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS
SECTION 40. TITLE.
The regulations set forth in this Article or set forth elsewhere in this
Ordinance when referred to in this Article are the district regulations in the
R-1" Single-Family Residential District.
SECTION 41. USE REGULATIONS.
A building or premises shall be used only for the following purposes:
41.01. Single-Family Dwellings covering a minimum ground area of
twelve hundred (1,200) square feet for a single story and eight
hundred and fifty (850) square feet for a two-story dwelling.
41.02. Farm.
41.03. Churches and public and private schools.
41.04. Institutions except institutions for criminals and the insane.
41.05. Public parks and playgrounds.
41.06. Home occupations.
41.07. Single family dwellings shall be limited to accessory buildings
consisting of any combination of the following: (a) one (I) storage shed, as
defined in Section 20.35 herein; and/or (b) one (1)free-standing private
garage subject to the size restrictions herein; and/or(c) one (1) attached
private garage subject to the size restrictions herein. Each private garage
shall be limited to a maximum size of no more than 40% of the square
footage of the finished living space, except all residences may have
garage space of at least 704 square feet per garage. No residence may
have more than two (2) garage structures, either attached or detached to
the residence. No private garage incidental to single family dwelling shall
exceed one and one-half(1&1/2) stories in height.
24
SECTION 42. HEIGHT REGULATIONS.
No building hereafter erected or altered shall exceed two and one-half (2-
1/2) stories nor shall it exceed forty (40) feet in height except as provided
in Article X and XI.
SECTION 43. AREA REGULATIONS.
43.01. Front Yard. There shall be a front yard having a depth of not less
than fifty (50) feet. Where the street is curved, the line shall follow
the curve of the street rather than be a straight line.
Where lots have a double frontage, the required front yard shall be
provided on both streets. Where a lot is located at the intersection
of two or more streets, there shall be a front yard on each street
side of the corner" lot, except that the buildable width of such lot
shall not be reduced to less than fifty (50) feet. No accessory
building shall project beyond the front yard line on either street.
43.02. Side Yard. There shall be a side yard on each side of a building
having a width of not less than fifteen (15) feet. No accessory
building shall project beyond the side line of the main building as
extended.
43.03. Rear Yard. There shall be a rear yard having a depth of not less
than thirty (30) feet.
43.04. Intensity of Use. Every lot or tract of land shall have an area of
not less than twenty-two thousand (22,000) square feet and an
average width of not less than one hundred and twenty (120) feet,
except that if a lot or tract has less area or width than herein
required and was legally platted and was on record at the time of
the passage of this Ordinance, such lot or tract may be used for
any of the uses permitted by this article.
43.05. Location on Lot of Satellite Receivers. No satellite
receiver shall be erected or placed unless a permit therefore has
been obtained from the Building Inspector. No satellite receiver
shall be located on any residentially zoned lot except as set forth
herein.
a.No satellite receiver shall be erected or placed in or on any
front or side yard, or any vacant lot.
b. A satellite receiver may be erected or placed in any rear
yard provided that it is located no nearer to any side lot line
that the required or actual distance between the principal
building on said lot line and the side lot line, whichever is
greater and no less than twenty (20) feet from the rear lot
line; and, provided that a satellite receiver must be located
25
at least thirty (30) feet from any rear yard lot line that abuts
a public street or highway.
c.No satellite receiver in excess of three (3) feet in diameter
shall be erected upon or affixed to any building.
d. A satellite receiver may be erected or placed in any corner
lot provided it is located only in the yard that is opposite
the yard used for the street address of the residence.
ARTICLE V
R-2" MULTI-FAMILY RESIDENTIAL DISTRICT
SECTION 50. TITLE.
The regulations set forth in this article, or set forth elsewhere in this
Ordinance when referred to in this article, are the district regulations in
the IIR-211 Multi-Family Residential District.
SECTION 51. USE REGULATIONS.
A building or premises shall be used only for the following purposes:
51.01. Any use permitted in the "R-I" District.
51.02. One to six-family residential dwellings.
SECTION 52. HEIGHT REGULATIONS.
No building hereafter erected or altered shall exceed two and one-half (2-
1/2) stories nor shall it exceed forty (40) feet in height except as provided
in Articles X and XI.
SECTION 53. AREA REGULATIONS.
53.01. Front Yard. There shall be a front yard having a depth of not less
than twenty-five (25) feet. Where the street is curved, the line shall
follow the curve of the street rather than be a straight line. Where
lots have a double frontage, the required front yard shall be
provided on both streets. Where a lot is located at the intersection
of two or more streets, there shall be a front yard on each street
side of the corner lot, except that the buildable width of such lot
shall not be reduced to less than fifty (50) feet. No accessory
building shall project beyond the front yard line on either street.
53.02. Side Yard. There shall be a side yard on each side of a building
having a width of not less than ten (10) feet. No accessory
26
building shall project beyond the side line of the main building as
extended.
53.03. Rear Yard. There shall be a rear yard having a depth of not less
than thirty (30) feet.
53.04. Intensity of Use. Every lot or tract of land shall have an area of
not less than twelve thousand (12,000) square feet. There shall be
provided a minimum of two thousand (2,000) square feet per
family. Every lot or tract of land shall have an average width of not
less than seventy-five (75) feet, except that if a lot or tract has less
area or width than herein required and was legally platted and was
on record at the time of the passage of this Ordinance, such lot or
tract may be used for any of the uses permitted by this Article.
53.05. Location on Lot of Satellite Receivers. No satellite receiver
shall be erected or placed unless a permit therefore has been
obtained from the Building Inspector. No satellite receiver shall be
located on any residentially zoned lot except as set forth herein.
a.No satellite receiver shall be erected or placed in or on any
front or side yard, or on any vacant lot.
b. A satellite receiver may be erected or placed in any rear
yard provided that it is located no nearer to any side lot line
than the required or actual distance between the principal
building on said lot line and the side lot line, whichever is
greater and no less than twenty (20) feet from the rear lot
line; and, provided that a satellite receiver must be located
at least thirty (30) feet from any rear yard lot, line that abuts
a public street or highway.
c.No satellite receiver in excess of three (3) feet in diameter
shall be erected upon or affixed to any building.
d. A satellite receiver may be erected or placed in any corner
lot provided it is located only in the yard that is opposite
the yard used for the street address of the residence.
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ARTICLE VI
C" COMMERCIAL DISTRICT
SECTION 60. TITLE.
The regulations set forth in this article, or set forth elsewhere in this
Ordinance when referred to in this article, are the regulations in the "C"
Commercial District.
SECTION 61. USE REGULATIONS.
A building or premise shall be used only for the following purposes:
61.01. Any uses permitted in the "R-2" Multi-Family Residential District.
61.02. Automobile or motorcycle agency and public garage and farm
equipment agency, provided that no cars, motorcycles or farm
equipment be displayed unless totally enclosed within a building.
61.03. Automotive filling and service station.
61.04. Bakery.
61.05. Bank.
61.06. Barber shop or beauty parlor.
61.07. Bowling alley.
61.08. Bus or railroad depot.
61.09. Drug store and pharmacy.
61.10. Frozen food locker.
61.11. Laundry.
61.12. Mortuary.
61.13. Pawn and loan shop.
61.14. Photography shop.
61.15. Private club.
61.16. Professional or business office.
61.17. Printing shop.
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61.18. Radio station.
61.19. Radio and television service shop.
61.20. Restaurant or cafe.
61.21. Retail store or shop, including food store and also including
connected services such as installation and repair of goods sold
this shall not include junk dealer or slaughtering or rendering
establishment).
61.22. Newspaper office.
61.23. Music or art studio.
61.24. Shoe repair shop.
61.25. Plumbing and heating shop.
61.26. Refrigeration or air conditioning shop.
61.27. Storage garage.
61.28. Tavern or night club.
61.29. Tailor shop.
61.30. Tourist court or motel.
61.31. Theater, except open-air drive-in theater, provided that no theater
shall be erected unless there is provided within three hundred
300) feet thereof, space for off-street parking containing. an area
sufficient to accommodate one (1) automobile for every six (6)
seats in the theater.
61.32. Warehouse or storage space incidental to the operation of any of
the above uses, provided that no more than sixty (60) percent of
the floor area is devoted to storage purposes.
61.33. Apartments for living purposes in connection with or in the same
building as any of the foregoing uses, having a floor area of a
minimum of seven hundred fifty (750) square feet.
61.34. Display signs incidental to the operation of any permitted use, but
subject to the following conditions:
a.No display sign shall advertise any product or goods other
than those sold on or from the premises on which the sign
is located.
29
b.No display sign shall advertise any service other than
those performed on or from the premises on which the sign
is located.
c.No display sign shall be portable or be erected other than
upon or structurally connected with the building on the
premises.
d.No display sign shall be erected to a height exceeding the
maximum height regulation for buildings.
e.No display sign shall extend into the required rear and side
yards nor more than 18 inches into the required front yard
and shall be parallel to the building. If flood lighting of
display sign is used, it shall be shielded so that it will not
be visible to a motorist from the highway.
f. No more than one display sign for each tenant shall be
erected on any lot.
g.Display signs which have become obsolete or which have
been abandoned by reason of a change in status of the
business establishment with which associated shall be
removed within 90 days following such change in status.
SECTION 62. HEIGHT REGULATIONS.
No building hereafter erected or altered shall exceed two and one-half(2-
1/2) stories nor shall it exceed forty (40) feet in height except as provided
in Articles X and XI.
SECTION 63. AREA REGULATIONS.
63.01. Front Yard. There shall be a front yard having a depth than
twelve (12) feet. Where the street is curved, the line shall follow
the curve of the street be a straight line.
63.02. Side Yard. There shall be a side yard on each side of a building
having a width of not less than ten (10) feet. No accessory
building shall project beyond the side line.
63.03. Rear Yard. There shall be a rear yard having a depth of not less
than thirty (30) feet.
63.04. Intensity of Use. Every lot or tract of land shall have an area of
not less than seventy-five hundred (7,500) square feet and an
average width of not less than sixty (60) feet, except that if a lot or
tract has less area or width than herein required and was legally
platted and was on record at the time of passage of No. 1977
Ordinance, such lot or tract may be used for any of the uses
permitted by this Article.
30
ARTICLE VI-A
C-1" and "C-2" COMMERCIAL DISTRICTS
SECTION 60A. PURPOSE AND APPLICABILITY
60A.1 Purpose.
The commercial district regulations of this Article are intended to govern
the location, intensity, and method of development of the business and
commercial uses needed to serve the citizens of Riverdale and its trade
area. The regulations of each district are designed to provide for
groupings of business and commercial uses that are compatible in scope
of services and method of operations. Under this Article VI-A, all
business uses are contained in the following two (2) business district
classifications:
C-1 Local Shopping District
C-2 Community Shopping District
SECTION 61A. C-1 LOCAL SHOPPING DISTRICT
61A.1. Description of District.
The C-1 local shopping district is intended to provide areas to be
used by retail or service establishments to supply convenience
goods or personal services for the daily needs of the residents
living in adjacent residential neighborhoods. The district is
designed to encourage shopping centers with planned off-street
parking and loading and provide for existing individual or small
groups of local stores. This district is normally located on primary
or secondary thoroughfares, is relatively small in size, and has
bulk standards comparable to the bulk standards for low density
residential districts.
61A.2. Uses Permitted.
No land shall be used or occupied and no building, structure, or
premises shall be erected, altered, enlarged, occupied or used,
except as otherwise provided in this ordinance, for other than one
or more of the following specified uses:
1.Retail businesses which supply commodities on the
premises, such as, but not limited to:
a) Apparel store.
b) Bakery, in which the manufacture of goods is
limited to goods sold on the premises only.
c)Book and stationary store.
31
d) Camera store.
e) Candy and confectionery store.
f)Dairy products store.
g) Delicatessen.
h) Drugstore.
i)Dry goods store.
j)Floral shop.
k) Grocery and food store.
I)Hardware store.
m) Ice Cream Store.
n) Liquor Store, package.
o) Meat market.
p) Restaurants, excluding drive-in service.
q) Shoe store.
r)Sporting goods store.
s) Toy store.
t)Variety store.
u) Convenience store commonly referred to as a C-
store having no pumps or car wash.
2.Personal service establishments which perform services
on the premises, such as, but not limited to:
a) Barbershop.
b) Beauty shop.
c)Dancing school.
d) Dry cleaners, but not a central plant serving more
than one retail outlet.
e) Laundry and dry cleaners, self-service only.
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f)Music school.
g) Photographic studio.
h) Shoe repair shop.
i)Tailor and dressmaker.
3.Business service establishment, which performs services
on the premises, such as, but not limited to:
a) Bank, savings and loan, and financial institution,
not including drive-in facilities.
b) Currency exchange.
c)Insurance agency.
d) Insurance carrier.
e) Loan company.
f)Real estate office.
4.Professional office establishments, such as, but not limited
to:
a) Attorney and law office.
b) Chiropodist's office.
c) Chiropractor's office.
d) Dentist's office.
e) Doctor's, surgeon's, and physician's office.
f)Medical and dental clinic.
g) Optician's office.
h) Osteopath's office.
i)Private clinic.
5.Public, quasi-public, and governmental buildings and
facilities, such as, but not limited to:
a) Church.
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b) Essential services, gas-regulator station, telephone
exchange, electric substation.
c)Off-street parking facility.
d) Office building.
e) Post office.
f)Public utility establishment.
g) Public park and public playground.
h) Child care center and preschool.
61A.3. Special Uses Permitted.
The following uses may be permitted only if specifically authorized
as allowed in Article IX, sections 90 through 92:
1.Similar and compatible uses to those allowed as "permitted
uses" in this district.
2. Automobile service station, for the sale of gas, lubricants,
coolants, and minor accessories only, and the performance
of incidental services such as tire changing, battery
charging, and accessory installations.
3.Drive-in banking facility.
4.Meeting halls and banquet facilities.
5.Outdoor general advertising device that advertises a group
of commercial uses.
6.Residence of the proprietor of a commercial use.
7.Residence, when above the first floor and secondary to the
business use of the premises.
8.Theater, indoor only.
9.Restaurant, carryout only.
10. Drive-up window.
61A.4. Temporary Permit Uses Permitted.
Upon application to and issuance by the zoning inspector of a
permit therefore, the following uses may be operated as
temporary uses:
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1.Bazaar, dance and carnival; provided, however, that each
permit shall be valid for a period of not more than seven (7)
days; and provided, further, that a period of at least ninety
90) days shall intervene between the termination of one
permit and the issuance of another permit for the same
location.
2.Christmas tree sales; each such permit shall be valid for a
period of not more than sixty (60) days.
3.Parking lot designated for a special event; provided,
however, that each permit shall be valid only for the
duration of the designated special event.
4.Real estate subdivision sign not to exceed one hundred
100) square feet for each face. Sign shall be non-
illuminated. Each such permit shall specify the location of
the sign. Each such permit shall be valid for a period of
not more than one hundred eighty (180) days and may be
renewed until development of the subdivision is ninety
percent (90%) complete or for ten (10) renewals,
whichever comes first, and shall be conditioned upon the
good maintenance of the sign.
5.Temporary building, trailer, or yard for construction
materials and/or equipment, both incidental and necessary
to construction in the zoning district. Each permit shall
specify the location of the building or yard and the area of
permitted operation. Each such permit shall be valid for a
period of not more than one (1) year and shall not be
renewed for more than five (5) successive periods at the
same location.
6.Temporary mobile sign. Not more than two (2) temporary
mobile signs shall be permitted at any one (1) business
site for periods of thirty (30) days and one (1) renewal of
thirty (30) days. Re-application shall not be considered
sooner than ninety (90) days after the termination of the
last such permit. The zoning inspector shall approve the
exact placement so as not to conflict with the public safety.
7.Temporary office, both incidental and necessary for the
sale or rental of real property. Each permit shall specify
the location of the office and the area of permitted
operation. Each such permit shall be valid for a period of
not more than one (1) year and shall not be renewed for
more than five (5) successive periods at the same location.
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61A.5. Accessory Uses Permitted.
Accessory uses, buildings, or other structures and devices
customarily incidental to and commonly associated with a
permitted use or special use may be permitted, provided they are
operated and maintained under the same ownership, on the same
parcel, and do not include structures or features inconsistent with
the permitted use or special use.
61A.6. Prohibited Uses.
All uses not expressly authorized in sections 61A.2, 61A.3, 61A.4,
and 61A.5, including, but not limited to:
1.Bar, cocktail lounge, and tavern.
2.Hotel and motel.
3.Residential uses, except as a special use.
4.Restaurant, drive-in.
5.Sign and billboard.
6.Undertaking establishment and funeral parlor.
61A.7. Site and Structure Requirements.
1.Minimum Lot Area.
None required, except that each residential dwelling unit
shall have a ground area of not less than five thousand
5,000) square feet.
2.Front Yard.
All structures shall be set back at least twenty-five (25) feet
from the front lot line.
3.Side Yard.
None required; however, if a yard is provided, it shall be
not less than five (5) feet. Adjoining a residential district, a
side yard equal to the adjacent yard required in the
abutting residential district shall be provided.
4.Rear Yard.
All structures shall be set back at least twenty (20) feet
from the rear lot line.
5.Maximum Height.
No structure or portion thereof shall exceed a height of two
2) stores, or twenty-five (25) feet, and no accessory
structure shall exceed one (1) story or fifteen (15) feet in
height.
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6.Floor area ratio, not to exceed 1.0.
61A.8. Special Provisions.
1.Enclosure of Operations.
All business, servicing, or processing shall be conducted
within completely enclosed buildings, except:
a) Off-street parking or loading.
b) Accessory uses when allowed by the special
exception procedure.
2.Parking requirements, in accordance with the regulations
set forth in section 63A.
The parking of trucks when accessory to the conduct of a
permitted use shall be limited to vehicles having not over
one and one-half (1 1/2) ton capacity, except for pick-up
and delivery services.
3.Sign requirements, in accordance with the regulations set
forth in section 64A.
4.Scope of Operations.
All business establishments shall be retail trade or service
establishments dealing directly with consumers, and all
goods produced on the premises shall be sold on the
premises where produced.
5.Screening.
Where a commercial use abuts or is across the street from
a residential district, adequate screening shall be provided
in accord with section 65A.
SECTION 62A. C-2 COMMUNITY SHOPPING DISTRICT
62A.1. Description of District.
The C-2 community shopping district is intended to provide areas
to be used as the primary shopping area for the local area and
other nearby communities, transients, and for the shopping area
for occupants of various business and industrial establishments.
The district permits most all types of business and commercial
enterprises, offices, and service establishments. This district is
normally centrally located with respect to the shopping service
area and located at the convergence or along the major
thoroughfares of the community.
62A.2. Uses Permitted.
No land shall be used or occupied and no building, structure, or
premises shall be erected, altered, enlarged, occupied, or used,
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except as otherwise provided in this ordinance, for other than one
or more of the following specific uses:
1.Retail businesses, which supply commodities on the
premises, such as, but not limited to:
a) Retail businesses permitted in the C-1 district.
b) Appliance store.
c) Art school and supply store.
d) Art gallery.
e) Automobile accessories store.
f)Bicycle store, sales, rental, and repair.
g) Business machines store.
h) China and glassware store.
i)Department store.
j)Drapery store.
k)Floor coverings, including rugs and carpets.
I)Furniture store.
m) Gift shop.
n) Hobby shop.
o) Jewelry store.
p) Leather goods and luggage store.
q) Linoleum and tile store.
r)Locksmith.
s) Merchandising machines, sale of products.
t)Music store.
u) Newsstand.
v)Notions store.
w) Office supplies and stationary.
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x)Paint and wallpaper store.
y)Pet shop.
z)Radio and television sales.
aa) Record shop.
bb) Tobacco shop.
cc) Trading stamp store.
dd) Convenience store commonly referred to as a C-
store with car wash facilities but without gas
pumps.
ee) Restaurants, eat in or carry out.
2.Personal service establishments, which perform services
on the premises, such as, but not limited to:
a) Personal service establishments permitted in the
C-1 district.
b) Clothing rental agency.
c) General minor repair and "fix-it" shop.
d) Interior decorating shop.
e) Laundry.
f)Travel bureau.
g) Undertaking establishment and funeral parlor.
3.Business service establishments, which perform services
on the premises, such as, but not limited to:
a) Business service establishments permitted in the
C-1 district.
b) Better business bureau.
c)Billiard and pool hall.
d) Blueprinting establishment.
e) Bowling alley.
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f)Business and management consultant.
g) Business office.
h) Chamber of Commerce.
i)Charitable organization.
j)Civic association.
k) Credit agency.
I)Dance Studio.
m) Detective agency.
n) Employment agency.
o) Indoor skating rink.
p) Insurance carrier.
q) Investment company.
r)Labor union and organization.
s) Mail order house.
t)Merchants association.
u) News syndicate.
v)Newspaper office.
w) Picture framing.
x)Political organization.
y)Professional membership association.
z)Radio and television service and repair.
aa) Real estate board.
bb) Security and commodity broker.
cc) Social and fraternal association.
dd) Swimming pool.
ee) Taxicab stand.
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ff) Theater, indoor only.
gg) Trade association.
hh) Meeting halls and banquet facilities.
4.Professional office establishment, such as, but not limited
to:
a) Professional office establishments permitted in the
C-1 district.
b) Accounting, auditing, and bookkeeping.
c) Artist and industrial designer.
d) Engineering and architectural service.
e) Laboratory, medical, and dental.
f)Landscape architect.
g) Professional consultant.
h) Professional office.
i)Scientific research agency.
5.Public, quasi-public, and governmental buildings and
facilities, such as, but not limited to:
a) Public, quasi-public, and governmental buildings
and facilities permitted in the C-1 District.
b) Bus passenger station.
c) Hospital.
d) Museum, art gallery, library.
e) School and college.
f)Transit and transportation facility.
g) Vocational school.
h) Fitness centers.
6.Residential uses, such as, but not limited to:
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a) Apartment, only upon the following conditions:
1) Dwelling units shall not be permitted below
the second floor above ground level of the
building.
2) Dwelling units shall not be located on the
same floor with any other use allowed in the
C-2 district.
3) Minimum lot area per dwelling unit shall be
in accord with the following table:
Number of Minimum Lot Area
Bedrooms Square Feet)
Efficiency Unit 600
One bedroom 800
Two bedrooms 1,000
4) Minimum floor area per dwelling unit shall
be in accord with the following table:
Number of Minimum Lot Area
Bedrooms Square Feet)
Efficiency Unit 500
One bedroom 650
Two bedrooms 800
5) Apartments with more than two (2)
bedrooms shall not be permitted.
b) Apartment hotel.
c) Convalescent, nursing home, rest home, or
sanatorium.
d) Dormitory, Fraternity, and club.
e) Hotel and motel.
62A.3. Special Uses Permitted.
The following uses may be permitted only if specifically authorized
by the board of adjustment as allowed in section 23:
1.Similar and compatible uses to those allowed as "permitted
uses" in this district.
2. Antique shop.
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3.Automobile service station for the sale of gas, lubricants,
coolants, and minor accessories only, and the performance
of incidental services such as tire changing, battery
charging, and accessory installations.
4.Bar, cocktail lounge, and tavern.
5.Drive-in banking facility.
6.Reserved.
7.Residence of the proprietor of a commercial use.
8.Reserved.
9.Drive-up window.
10. Gas pumps when associated with a C-store.
11. Mixed retail and commercial sale and distribution of
finished goods on and off the premises with accessory
warehouse facilities subject to following conditions:
a) No outdoor sales are permitted; and
b) Outdoor storage of materials shall be enclosed by a
fence, wall or plant materials adequate to conceal such
facilities from adjacent properties and the public right of
way and all outdoor storage areas shall be paved and
drained in accordance with applicable law; and
c) No stored materials or waste shall be deposited or
stored upon a lot in such a form that may be
transferred off the property by natural causes or forces.
62A.4. Temporary Permit Uses Permitted.
Upon application to and issuance by the building commissioner of
a permit therefore, the following uses may be operated as
temporary uses:
1.C-1 temporary permit uses.
62A.5. Accessory Uses Permitted.
Accessory uses, buildings, or other structures and devices
customarily incidental to and commonly associated with a
permitted use or special use may be permitted provided they are
operated and maintained under the same ownership, on the same
parcel, and do not include structures or features inconsistent with
the permitted use or special use.
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62A.6. Prohibited Uses.
All uses not expressly authorized in sections 62A.2, 62A.3, 62A.4,
and 62A.5, including, but not limited to:
1.Automobile agency.
2.Residential uses, except as special use.
3.Restaurant, drive-in.
4.Sign and billboard.
5.Used car lot.
6.Used furniture and second-hand store, other than
antiques.
7.Wholesale uses (except as permitted in Secton 62A.3
62A.7. Site and Structure Requirements.
1.Minimum Lot Area.
None required, except that each residential use shall have
a ground area of not less than five thousand (5,000)
square feet.
2.Front Yard.
All structures shall be set back at least twenty (20) feet
from the front lot line.
3.Side Yard.
None required, except if a yard is provided, it shall not be
less than five (5) feet. Adjoining a residential district, a
side yard equal to the adjacent yard required in the
abutting residential district shall be required.
a) Outer Court.
The width of an outer court shall not be less than
ten (10) feet, or less than one-half (1/2) of the
height of each court, or less than one-half (1/2) of
the length of such court, whichever is greater.
b) Inner Court.
The width of an inner court shall not be less than
twenty (20) feet, the length shall not be less than
one-half (1/2) the height of such court, and the area
shall not be less than twice the square of its
required least dimension.
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4.Rear Yard.
None required, except when abutting a residential district,
then a rear yard equal to the adjacent yard required in the
abutting residential district shall be required.
5.Maximum Height.
No structure or portion thereof shall exceed a height of ten
10) stories or one hundred (100) feet, and no accessory
structures shall exceed one (1) story or fifteen (15) feet in
height.
6.Floor area, ratio, not to exceed 4.0.
62A.8. Special Provisions.
1.Enclosure of Operations.
All business, servicing, or processing shall be conducted
within completely enclosed buildings, except:
a) Off-street parking or loading.
b) Accessory uses when allowed by the special
exception procedure.
2.Parking requirements, in accordance with the applicable
regulations set forth in section 63A.
3.Sign requirements, in accordance with the applicable
regulations set forth in section 64A.
4.Performance Standards.
All activities shall conform to the performance standards
established for the industrial district.
5.Scope of Operations.
All business establishments shall be retail trade or service
establishments dealing directly with consumers, and all
goods produced on the premises shall be sold on the
premises where produced except as permitted in Section
62A.3.
6.Screening.
Where an office or commercial use abuts or is across the
street from a residential district, adequate screening shall
be provided in accord with section 65A.
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SECTION 63A
OFF-STREET PARKING AND LOADING
SECTION 63A.1 OFF-STREET PARKING SPACE
1.Scope.
The provisions of this section shall apply and govern in all C-1 and
C-2 districts.
2.General Requirements.
a) The duty to provide and maintain off-street parking space
shall be the joint and several responsibility of the operator
and/or owner of the use and/or land for which off-street
parking space is required to be provided and maintained.
b) For land, structures or uses actually used, occupied or
operated on the effective date of this ordinance, there shall
be provided such off-street parking space as was required
for such land, structures or uses by any previous
ordinance. If such land, structures or uses are enlarged,
expanded or changed through the addition of dwelling
units, gross floor area, seating capacity, additional
employment or other unit of measurement specified herein,
there shall be provided, for that increment of expansion
only, at least the amount of off-street parking space that
would be required hereunder if the increment were a
separate land, structure or use established or placed into
operation after the effective date of this ordinance.
c)For all uses established or placed into operation after the
effective date of this ordinance, there shall be constructed,
provided, preserved and maintained the amount of
off-street parking space hereinafter set forth.
d) Whenever the intensity of use of any structure or premises
shall be increased through the addition of dwelling units,
gross floor area, seating capacity, additional employment
or other unit of measurement, such additional parking as
required herein to provide for the expanded use shall be
provided.
e) Whenever the existing use of a building, structure or land
area is changed to a new use, parking facilities shall be
provided as required by the new use. However, if the use
existed prior to the effective date of this ordinance, parking
is required only in the amount that the new use would
exceed the requirements for the existing use if the latter
were subject to the parking provisions of this ordinance.
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f)Parking in existence on the effective date of this ordinance
or that was provided voluntarily after such effective date,
shall not hereafter be reduced below, or if already less
than, shall not further be reduced below, the requirements
of this ordinance for a new use.
g) All off-street parking space, whether or not required by this
ordinance and when provided in accordance with the
provisions of this ordinance or in accordance with the
provisions of any former ordinance, shall be used,
maintained and operated as hereinafter required.
h) Parking for all types of uses may be provided either in
garages or open parking areas conforming with the
provisions of this ordinance.
i)Where sufficient existing "public parking facilities" are
located so as to provide or supplement part or all of the
required parking space, the board of adjustment may
reduce the number of spaces required for a particular use
or group of uses.
j)Parking may be with or without charge.
k)Handicapped or other special use parking shall be
provided as specified by applicable law.
3.Location.
Off-street parking space shall be located on the same zoning lot
as the use for which provided, except as otherwise specifically
provided:
a) Special Location Plan.
Pursuant to the procedure hereinafter set forth, either part
or all of the required off-street parking space may be
located off the lot of the use for which the space is
provided. The following limitations shall apply to the
special location plan."
1) Separation From Use.
Off-street parking shall be located as hereinafter
specified; where a distance is specified, such
distance shall be the walking distance measured
from the nearest point of the parking facility to the
nearest point of the building that such facility is
required to serve.
In all commercial districts, parking facilities shall be
located within three hundred (300) feet of the
building they are required to serve.
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In all industrial districts, parking facilities shall be
located within six hundred (600) feet of the building
they are required to serve.
2) Application.
All applications for approval of a "special location
plan" hereunder shall be filed with the board of
adjustment by the owners of the entire land area to
be included within the "special location plan," the
owner or owners of all structures then existing on
said land area and all encumbrances of said land
area and structures; shall contain sufficient
evidence to establish to the satisfaction of the
board of adjustment that the applicants are the
owners and encumbrances of the designated land
and structures; shall contain such information and
representations required by this ordinance or
deemed necessary; and shall include plans
showing the following details:
The location of the uses or structures for which
off-street parking space is required.
The location at which the off-street parking space is
to be provided.
3) Procedure.
All applicants shall be reviewed and approved by
the board of adjustment. Any approval may
establish necessary conditions and limitations.
Upon approval of a "special location plan," a copy
of such plan shall be registered and recorded
among the records of the city.
All "special location plans" registered and recorded
hereunder shall be binding upon the applicants for
such special plans, their successors and assigns,
shall limit and control the issuance and validity of all
zoning permits and zoning certificates and shall
restrict and limit the use and operation of all land
and structures included within such special plans to
all conditions and limitations specified in such plans
and the approvals thereof.
All "special location plans" registered and recorded
hereunder may be amended pursuant to the same
procedure and subject to the same limitations and
requirements by which such plans were approved,
registered and recorded.
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Upon application to the board of adjustment by the
owner or owners of the entire area included within
any "special location plan" registered and recorded
hereunder, the owner or owners of any structure
then existing thereon and all encumbrances of said
land and structures, any such plan may be
withdrawn, either partially or completely, from
registration and released from recording if all uses,
land and structures remaining under such plan can
be made to comply with all conditions and
limitations of the plan and all uses, land and
structures withdrawn from such plan can be made
to comply with all regulations established by this
ordinance and unrelated to any "special location
plan."
b) Front Yard.
No vehicle shall be parked in any front yard except upon a
regularly constructed driveway. Parking lots may be
allowed in front yard if authorized by the board of
adjustment, provided that the district does not require that
the front yard be landscaped and devoted to no other use,
and further provided that the parking is in accord with all
other ordinance provisions.
c)Side and Rear Yard.
Parking space that is open to the sky may be located in a
required side or rear yard, but only if an unobstructed
space of five (5) feet, and ten (10) feet where abutting a
residential district, is left along the lot line. If the specific
district regulations are more permissive, their requirements
shall apply.
d) Parkway.
No parking shall be permitted between the property line
and the curb line or edge of the pavement of the street.
4.Combined Space.
Off-street parking space shall be provided for each use. However,
two (2) or more uses located on the same zoning lot may jointly
provide for one combined parking facility.
a) Where off-street parking space is combined and used
jointly by two (2) or more uses having different standards
for determining the amount of off-street parking space
required, the parking space shall be adequate in area to
provide the sum total of off-street parking space
requirements of all such uses.
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b) Where off-street parking space is combined and used
jointly by two (2) or more uses having the same standard
for determining the amount of off-street parking space
required, all such uses, for the purposes of this section,
shall be considered a single unit and the gross floor area
of all such uses in all structures on the same lot or the
number of employees of all such uses in all structures on
the same lot as fixed by the applicable standard, shall be
taken as a single total for the purpose of determining the
amount of off-street parking space required.
5.Sharing of Space.
Two (2) or more uses may share the same off-street parking
space if the schedules of operation of all such uses are such that
none of the uses sharing the space requires the off-street parking
space at the same time as any other use sharing the space. Each
such use that is sharing space shall be considered as having
provided such shared space individually.
6.Design, Development and Maintenance.
Every parcel of land hereafter used as a public or private parking
area, including a commercial parking lot and also an automobile or
trailer sales lot, shall be designed, developed and maintained in
accordance with the following requirements:
a) Shall not be used for the sale, repair, dismantling or
servicing of any vehicles, equipment, materials or supplies;
except when parking is a permitted principal or special use.
b) Shall be provided with an asphaltic concrete, Portland
cement concrete, or brick surfacing maintained at all times
in such a manner as to prevent the release of dust and to
be free of dust, trash and debris. If such surfacing would
be detrimental because of the excessive runoff of storm
water, the board of adjustment may direct such area to be
left unpaved and designed to remain dust-free and
attractive. All required parking spaces shall be delineated
by permanent striping of parking surface.
c)Shall be pitched and drained so as to prevent the flow of
water from such areas onto adjoining property or onto
streets or alleys that have no drainage facilities.
d) Shall be provided with entrances and exits not less than
twelve (12) feet in width and so located as to minimize
traffic congestion.
e) Shall be provided with curbs, wheel guards or bumper
guards so located that no part of a parked for moving
vehicle extend beyond the property line.
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f)Where hazards exist which can be eliminated or lessened
by lighting, the board of adjustment may require lighting at
such hours and in such manner as deemed necessary in
the interest of public safety and security. Such lighting
facilities shall be so arranged that they neither
unreasonably disturb occupants of adjacent residential
properties nor interfere with traffic.
g) May have not more than one attendant shelter building
conforming to all setback requirements for structures in the
district in which it is located.
h) Each off-street parking space shall have an area of not
less than one hundred sixty-two (162) square feet
exclusive of access drives or aisles, and shall be of usable
shape and condition. Parking lots and spaces shall be in
general conformance with the Parking Design Guidelines,
if any, established and occasionally updated by resolution
by the city council. The parking space size may be reduced
if an overhang area is provided. The overhang area must
be used exclusively for the overhanging of a vehicle and
shall not exceed the size established in the Parking Design
Guidelines.
k) All open or unused areas shall be landscaped and
continuously maintained.
7.Units of Measurement.
For purposes of this section the following units of measurement
shall apply:
a) Floor Area.
The total floor area of a building designed for tenant or
owner occupancy and exclusive use, including basements,
mezzanines and upper floors, if any, expressed in square
feet measured from the center lines of joint partitions and
exteriors of outside walls. It shall not include areas used
principally for utilities and space incidental to the
management or maintenance of the building.
b) Seat or Bench.
A seat shall be the space intended for one individual. In
places where patrons or spectators occupy benches, pews
or other seating facilities, each twenty (20) inches of such
seating facilities shall be counted as one seat.
c)Employees.
Employees shall be based on the maximum number of
persons on duty or residing, or both, on the premises at
any one time.
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d) Fractions.
When units of measurement result in the requirement of a
fractional space, any fraction shall require one parking
space.
8.Space Required.
At least the following numbers of useable off-street parking
spaces shall be provided; also adequate provision for ingress,
egress and maneuvering shall be provided:
a) Commercial Uses.
1) Automobile Laundry.
Stacking spaces shall be provided to accommodate
waiting automobiles equal in number to five (5)
times the maximum capacity of the automobile
laundry for each wash rack, plus one parking space
for each two (2) employees. Maximum capacity, in
this instance, shall mean the greatest number of
automobiles undergoing some phase of laundering
at the same time.
2) Automobile Service Stations.
Two (2) parking spaces shall be provided for each
island of pumps and each service stall plus one
parking space for each two (2) employees.
3) Banks.
One parking space shall be provided for each two
hundred (200) square feet of floor area. Drive-in
establishments shall provide six (6) stacking
spaces per teller or customer service window.
4) Barbershop and Beauty Parlor.
Two (2) parking spaces shall be provided for each
barber chair plus one for each employee and
tanning bed.
5) Reserved.
6) Restaurants or Establishments Dispensing Food
and/or Beverages for Consumption at Indoor
Tables (Not Including Drive-in Establishments).
One parking space shall be provided for each one
hundred (100) square feet of floor area, or one
parking space for each three (3) seats plus one
parking space for each three (3) employees,
whichever is greater. Conversely, at least one seat
shall be provided for each parking space.
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7) Restaurants, Dry Cleaners, and Other Similar Type
Businesses Designed to Primarily Accommodate
Pick-up, Drop-off, or Carryout Type Activities or
Areas Within Businesses Designated for Such Use.
One parking space shall be provided for each
fifteen (15) square feet of floor area designated for
customers waiting to be served, plus one space for
each employee.
8) Restaurants, (Drive-in) and/or Refreshment Stand
Where Food and/or Beverage is Consumed in a
Vehicle).
One parking space shall be provided for each
twenty (20) square feet of floor area, but not less
than ten (10) spaces.
9) Retail Stores.
One parking space shall be provided for each one
hundred eighty (180) square feet of floor area.
10) Undertaking Establishments, Funeral Parlors.
Six (6) parking spaces shall be provided for each
chapel or parlor, one for each fifty (50) square feet
of floor area used for services, whichever is
greater, plus one parking space for each funeral
vehicle kept on the premises.
11) Coin or Token-Operated Laundry Establishments.
One parking space shall be provided for every two
2) machines.
12) Other Laundry and Dry Cleaning Establishments.
One parking space shall be provided for each
employee. An additional three (3) spaces shall be
required for customers.
13) Reserved.
14) Bed and Breakfast Inn.
Two (2) parking spaces for the owner/manager,
plus one space per employee and one space per
guest room shall be provided.
b) Office Uses.
1) Business or Professional Offices.
One parking space shall be provided for each three
hundred (300) square feet of floor area.
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2) Medical or Dental Clinics.
Two (2) parking spaces shall be provided for each
office, examining room and treatment room, plus
one for each employee.
c)Schools, Institutions and Places of Assembly.
1) Auditoriums, Gymnasiums, Convention Halls and
All Places of Assembly.
One parking space shall be provided for each five
5) seats or parking spaces equal to one-fifth (1/5)
the capacity of the facility in persons.
2) Churches.
One parking space shall be provided for each four
4) seats in the main auditorium.
3) Colleges, Universities, Trade Schools.
One parking space shall be provided for each two
2) students (based on the maximum number of
students that the facility is designed to handle at
any one time), plus one for each two (2)
employees.
4) Elementary School.
Two (2) parking spaces shall be provided for each
classroom. However, if a place of assembly is
provided in the school and the parking spaces
provided for the place of assembly is equal to or in
excess of the requirements for the classrooms, the
classroom requirement need not be provided.
5) Hospitals.
One parking space shall be provided for each two
2) beds, plus one for each staff doctor or visiting
doctor, plus one for each two (2) employees.
6) High School.
One parking space shall be provided for each four
4) students in the eleventh and twelfth grades
based on the maximum number of students that
the facility is designed to handle at any one time),
plus one for each two (2) employees. Parking
spaces equal to one-fifth (1/5) the capacity of any
place of assembly will be required if provided in the
school.
7) Nursery School.
One parking space shall be provided for each
employee.
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8) Nursing Home, Convalescent Home and Similar
Type Establishments.
One parking space shall be provided for each three
3) beds, plus one for each two (2) employees.
9) Library, Museum, Art Gallery, and Civic, Cultural, or
Historic Institution.
One parking space shall be provided for each five
hundred (500) square feet of floor area.
10) Private Clubs and Lodges. Parking spaces equal to
one-fifth (1/5) the capacity of the facility in persons
shall be provided.
11) Middle School.
One parking space shall be provided for each
employee. Parking spaces equal to one-fifth (1/5)
the capacity of any place of assembly will be
required if provided in the school.
d) Other Uses.
For uses not listed heretofore in this schedule of parking
requirements, parking spaces shall be provided on the
same basis as required for the most similar listed uses, or
as determined by the board of adjustment.
9.Plot Plan.
Any application for a building permit, or for a certificate of
occupancy shall include therewith a plot plan, drawn to scale and
fully dimensioned, showing all parking facilities required by this
ordinance.
10. Modifications.
The board of adjustment may authorize or appeal a modification,
reduction or waiver of the foregoing requirements, if it should find
that, in the particular case appealed the peculiar nature of the
residential, business, trade, industrial or other use, or the
exceptional shape or size of the property or other exceptional
situation or condition, would justify such action.
SECTION 63A.2 OFF-STREET LOADING SPACE
1.Scope.
The provisions of this section shall apply and govern in all
districts.
2. When Required.
Off-street loading space shall be required and maintained in
connection with any building or part thereof, hereafter erected or
altered which is to be occupied by uses requiring the receipt or
distribution of materials or merchandise.
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3.Location.
Off-street loading space shall be located on the same lot as the
structure for which provided.
4.Duty to Provide.
The duty to provide the off-street loading space herein required
shall be the joint and several responsibility of the operator and the
owner of the structure or structures for which off-street loading
spaces is required to be provided. No structure shall be designed,
erected, altered, used or occupied unless the off-street loading
space herein required is provided in at least the amount herein set
forth; provided, however, that off street loading space need not be
provided for structures actually used, occupied and operated on
the effective date of this ordinance unless, after the effective date
of this ordinance, such structures are enlarged or expanded, or
the uses within such structures are enlarged, expanded or
changed, so as to require a greater amount of off-street loading
space than the amount of off-street loading space not required to
be furnished by reason of the foregoing exclusion, in which event,
the structures hereby excluded shall not be used, occupied or
operated unless there is provided for the increment only of such
structures, and maintained as herein required, at least the amount
of off-street loading space that would be required hereunder if the
increment were a separate structure.
5.Design, Development and Maintenance.
Every parcel of land hereafter used for off-street loading space
shall be designed, developed and maintained in accordance with
the following requirements:
a) Shall not be used for the sale, repair, dismantling or
servicing of any vehicles, equipment, materials or supplies.
b) Shall be graded for proper drainage and provided with an
all-weather surfacing maintained at all times in such a
manner as to prevent the release of dust and to be free of
dust, trash and debris.
c)Off-street loading spaces that adjoin or are across the
street from property zoned for any residential use, shall
have a dense evergreen planting, fence, masonry wall or
such other screening, as may be determined by the board
of adjustment. The board of adjustment shall also
determine the height, location and density of screening
used to provide adequate protection to adjoining property
d) Shall be provided with entrances and exits not less than
twelve (12) feet in width and so located as to minimize
traffic congestion.
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e) No portion of a vehicle shall project into a street or alley
while being loaded or unloaded.
f)Each off-street loading space shall be not less than ten
10) feet in width, twenty-five (25) feet in length and twelve
12) feet in height, exclusive of access drives. When more
than three (3) spaces are required, the spaces other than
the first three (3) shall be twelve (12) feet in width,
sixty-five (65) feet in length, and fifteen (15) feet in height.
g) Off-street loading space may occupy all or any part of any
required yard space, other than the front yard or side yard
adjoining a street.
6. Amount of Space Required.
At least the following amounts of off-street loading space shall be
provided, plus an area or means adequate for maneuvering,
ingress and egress:
Required
Square Feet of Number of
Gross Floor Area Spaces
1) Retail stores, theaters, auditoriums,
and wholesale establishments:
Up to 20,000 1
20,001 to 50,000 2
50,001 to 100,000 3
For each additional 100,000 1 additional
2) Banks, office buildings, funeral parlors,
hospitals and all other uses:
Up to 100,000 1
For each additional 100,000 up to 500,000 1 additional
For each additional 500,000 1 additional
7.Modifications.
The board of adjustment may authorize an appeal modification,
reduction or waiver of the foregoing requirements, if it should find
that, in the particular case appealed the peculiar nature of the
business, trade, industrial or other use, or the exceptional shape
or size of the property or other exceptional situation or condition,
would justify such action.
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SECTION 64A
SIGNS
SECTION 64A. SIGNS
64A.1. Intent And Purpose.
This section is intended to control and regulate the development
of signs within the C-1 and C-2 districts. There is a significant
relationship between the manner in which signs are displayed, the
public health, safety and welfare, and the value, compatibility and
economic stability of adjoining property, its land use and the city.
The reasonable display of signs is necessary as a service to the
people in the conduct of competitive commercial and industrial
activity and to promote freedom of expression. The regulations in
this section establish standards for the display of signs in direct
relationship to the above stated purposes and directives.
Notwithstanding the foregoing, the signs permitted under this
section are subject to and qualified by any signage requirements
under Article III-A for any property within the Highway Corridor
Overlay District.
64A.2. Reserved.
64A.3. Permits Required.
When the regulations of this section require a permit, said permit
shall be requested from the Riverdale Zoning Inspector and
issued by the Scott County Building Department.
64A.4. General Requirements.
All signs must comply with the following conditions:
1.No sign shall be placed so as to obstruct vision at street
intersections and driveway intersections for oncoming
vehicles.
2.When a permit is required on any particular sign, said sign
shall display the name of the owner and erector.
3.No sign shall block any required accessway or window.
4.No sign shall be attached to a tree or utility pole.
5. All signs not authorized by this section are prohibited.
6.No signs other than public service and safety signs shall
be permitted on public property unless authorized by the
governmental agency having control thereof.
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64A.5. Removal and Conformance Requirements.
It is the intent of this section to recognize that the eventual
elimination, as expeditiously as it is reasonable, of existing signs
that are not in conformity with the provisions of this section is as
much a subject of the health, safety and welfare of the public as is
the prohibition of new signs that would violate the provisions of
this section. It is also the intent of this section that any elimination
of nonconforming, signs shall be effected so as to avoid any
unreasonable invasion of established private property rights. The
building commissioner shall cause removal of a sign or sign
structure if the property owner fails to comply with the standards of
this section within ten (10) days after being issued a written
notification from the building commissioner. Any expense incurred
by the city in removing or repairing the sign or sign structure shall
be paid by the owner of the property to which the sign is attached.
1.Obsolete Signs.
Any nonconforming off-premises sign which does not
advertise a bona fide business, product or organization or
becomes obsolete because the business or organization
has relocated shall be removed by the owner within one
hundred twenty (120) days of the termination or relocation
of the business, product or organization being advertised.
Removal of obsolete signs shall include the supporting
structure, exclusive of any building, if all signs on the
structure are obsolete.
Any nonconforming off-premise sign which is severely
damaged and requires over fifty (50) percent of the cost of
replacement for repair shall be removed within one
hundred twenty (120) days after the date of the damage.
Removal of damaged signs shall include the supporting
structure exclusive of any building, if all signs on the
structure are nonconforming.
2. Any obsolete sign which does not advertise a bona fide
business conducted, or a product sold, shall be taken
down and removed by the owner, agent or person having
the beneficial use of the structure upon which such sign
may be found within ten (10) days after written notification
from the zoning administrator. Upon failure to comply with
such notice within the time specified in such order, the
building commissioner may cause removal of such sign,
and any expense incident thereto shall be paid by the
owner of the property to which such a sign is attached.
3.Unsafe and Unlawful Signs.
If the building commissioner shall find that any sign is
unsafe or insecure, or is a menace to the public, or has
been constructed or erected or is being maintained in
violation of the provisions of this section, he shall give
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written notice to the person to whom the zoning certificate
had been issued. If he fails to remove or alter the sign so
as to comply with the standards herein set forth within ten
10) days after such notice, such sign may be removed or
altered to comply by the zoning inspector at the expense of
the zoning certificate issuee or owner of the property upon
which it is located. The zoning inspector shall refuse to
issue a zoning certificate to any such party or owner who
refuses to pay costs so assessed. The zoning inspector
may cause any sign which is an immediate peril to persons
or property to be removed summarily and without notice.
4.Alterations.
No display sign or outdoor advertising device shall be
altered, rebuilt, enlarged, extended, or relocated except in
conformity with the provisions of this ordinance. The
repainting, changing of parts and preventative
maintenance of signs shall not be deemed to be
alterations.
5.Maintenance.
The owner of any sign requiring a permit shall be required
to maintain an exterior which is properly painted,
galvanized or otherwise treated to prevent rust and
deterioration of all parts and supports.
64k6. Permitted Sign Within C-1 and C-2 Districts.
This subsection sets forth which types of signs are permitted in
C-1 and C-2 zoning districts of the city. The notation "NP"
indicates that "no permit" is required for that sign. The notation "P"
indicates that a permit is required for that sign. The following
signs are permitted in the commercial districts as indicated below
with detailed regulations for each number are listed in subsection
64A.7:
001 Awning Sign. C-1, C-2, NP
002 Automobile Gas Station Sign Oil Can Rack. C-1, C-2, NP
003 Automobile Gas Station Sign Tire Rack. C-1, C-2, NP
004 Automobile Gas Station Sign Door. C-1, C-2, NP
008 For Sale and For Lease. C-1, C-2, P
009 Flags. C-1, C-2, NP
011 House Number. C-1, C-2, NP
016 Nameplate. C-1, C-2, NP
020 On-Premise Identification. C-1, C-2, P
022 Parking Lot Instructional. C-1, C-2, NP
023 Parking Lot Entrance/Exit. C-1, C-2, NP
025 Temporary Mobile. C-1, C-2, P
027 Shopping Center. C-2, P
028 Subdivision Temporary. C-1, C-2, P
029 Political Signs. C-1, C-2, NP
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64A7. Specific Sign Regulations.
All signs which are listed in section 64A.6 are listed below. The
following regulations govern the use of specific types of signs
which are allowed within the applicable zoning districts.
Subsections (1) through (8) below explain the standards, phrases,
and abbreviations subsequently used for each type of sign.
1.Type: Each sign has a "Type Str." item which shows the
permitted type of sign structure which is permitted as
shown in the applicable table.
Mon" shall indicate a ground-mounted monument sign.
Pole" shall indicate a sign mounted upon a pole or poles
raised up seven (7) feet above ground level.
Bldg" shall indicate signs attached to a building.
1 face" shall indicate a sign structure with not more than
one sign surface.
2 face" shall indicate a sign with one sign surface or not
more than two (2) sign surfaces where the two (2) sign
surfaces back to each other and face opposite or nearly
opposite directions.
Types of sign not listed below are not permitted for that
sign.
2.Size.
Any sign shall not exceed the maximum number of square
feet listed for that sign on any one side or surface as
shown in the applicable table.
3.Illumination.
Signs may be illuminated when indicated in the applicable
table by one of four(4) general methods shown as "Ill."
Flood" for an illumination permitted by a light shining upon
the sign located apart from the sign structure and directed
toward the sign.
Back" for an illumination permitted by producing a sign
translucent in total or in part and placing light behind and
within the structure of such sign.
Sil" for an illumination permitted by producing a sign with
opaque characteristics and placing a light behind the
characteristics so as to outline the characteristic with the
glow from the lighting source creating a silhouette.
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None"for no illumination permitted at all.
4.Height.
Any sign shall not exceed the maximum height in feet
above average ground level listed for that sign as shown in
the applicable table. The bottom of any pole sign shall not
be lower than seven (7) feet above average ground level.
NTE" refers to "not to exceed."
5.Location.
Signs (not attached to buildings) are permitted on that
portion of each parcel indicated for that sign as shown on
the applicable table. The notation "NCT" shall mean that a
sign must be located "not closer than" the designated
distance from the property line. "None" shall mean no
restriction as to location on the parcel other than those
written in 64A.4 above.
6.Number.
No category of sign shall be displayed in greater number
than listed in the applicable table except the phrase "1 per
interior lot" shall also mean two (2) per corner lot with one
sign oriented to each of the streets forming the corner.
7.Special Conditions.
Each sign may have a "Special Conditions" item which
may indicate other condition or restriction not previously
listed.
8.Projection. Sign may project from a building into the
setback by not more than the applicable number shown in
the table below.
TABLE OF SIGN TYPES, DEFINITIONS AND RESTRICTIONS
Listed below are the types of signs permitted followed by a definition of
each sign type and a table of the standards governing the characteristics
of each.
001 Awning sign.
A sign which is designed into the material composing the awning
which may serve as an on-premise identification and advertising
sign.
Type Str: On awning, 1 face Size: 300 sq. ft. ea. per frontage
Ill: Flood Height: Same as awning NTE 30 ft.
Loc: Same as awning Number: Same as awning up to 4
Projection: 4 ft.
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002 Automobile gas station sign oil can rack.
A sign on an oil rack at a service station.
Type Str: Attached to rack, Size: Area of oil rack
1 face Height: 6 ft.
Ill: None Number: 2
Loc: On gasoline pump Projection: None
island or within 15 ft. of
building
Special Conditions: Signs
only permitted at gasoline
service stations
003 Automobile gas station sign tire rack.
A sign on a tire rack at a service station.
Type Str: Attached to rack, Size: Area of tire rack
1 face Height: 10 ft.
Ill: None Number: 2
Loc: On tire rack within Projection: None
15 ft. of bldg.
Special Conditions: Signs
only permitted at gasoline
service stations
004 Automobile gas station sign door.
A sign painted or otherwise attached to the door on a service
station.
Type Str: Attached to door Size: Same as doors
of bldg, 1 face Height: Same as doors
Ill: None Number: Same as doors
Loc: Buildable area on Projection: None
overhead door
Special Conditions: Signs
only permitted at gasoline
service stations
008 For sale and for lease.
A sign which is temporary and is intended to indicate that the
immediate perimeter or land is available for sale or for lease and
contains the corporate and/or private name and phone and/or
address of the agent who may be contacted for inquiries
concerning the property.
Type Str: Mon, Pole, Bldg, Size: 32 sq. ft.
2 face Height: 15 ft.
III: None Number: 1 per interior lot
Loc: No restriction Projection: None
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009 Flaps.
A flag of the United States, the State of Iowa or the City of
Riverdale. Insignia of United States, State of Iowa or City of
Riverdale.
Type Str: Pole, Bldg, Size: No limit
2 face Height: 50 ft.
III: Flood Number: No limit
Loc: No restriction Projection: 30 ft. from pole
011 House numbers.
Also known as street address numbers, is a small sign with the
numerals or written number which has been assigned as the
progressive number which indicates the relative location along a
street or place of the premises concerned.
Type Str: Bldg, 1 face Size: 2 sq. ft.
III: Back, Flood, Sil Height: 10 ft. in res.
Loc: Buildable area on Number: 1 for each wall of each
building bldg.
Projection: 2 ft. from structure
016 Nameplates.
A small sign which contains the name of one individual or a
married couple or a family surname or company name, as an
identification for a specific doorway or building.
Type Str: Bldg, Mon, 2 face Size: 1 sq. ft.
III: Flood, Back Height: 15 ft.
Loc: No restrictions Number: 1 per dwelling
Projection: 2 ft.
020 On-premise identification and advertising sign.
A sign which displays the name and/or products and/or service
which can be purchased on the premises where the sign is
located.
Type Str: Pole, Mon, Bldg, Size: 300 sq. ft. if erected at or
2 face behind the required yard line.
III: Back, Flood, Sil 60 sq. ft. if erected, within a
Loc: Minimum of 15 ft. required yard.
from the property line Height: 30 ft. if erected at or
or 1/2 the distance of the behind the required yard line.
required yard whichever 20 ft. if erected within the
is greater or within the required yard.
buildable area. Number: 1 business, street
frontage
Projection: 4 ft.
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022 Parking instructional signs.
A sign located adjacent to driveway. and parking areas which
instructs the users as to restriction and regulations controlling the
parking area such as but not limited to private parking areas,
hours of parking, one-way entrances, no parking area, towing
policy.
Type Str: Bldg, Pole, Mon, Size: 9 sq. ft.
2 face Height:7 ft.
Ill: Back, Flood, Sil Number: 1 per interior lot
Loc: Buildable area Projection: 4 ft.
023 Parking entrance exit.
A sign located along a driveway entrance or exit to some type of
parking area which indicates the use of the driveway as an
entrance and/or exit.
Type Str: Bldg, Pole, Mon, Size: 2 sq. ft.
2 face Height: 7 ft.
III: Back, Flood, Sil Number: 1 per entrance
Loc: No restriction Projection: 4 ft.
025 Temporary mobile sign.
Signs which are temporary and can easily be moved to another
location and which have moveable type.
Type Str: Mon, 2 face Size: 32 sq. ft.
Ill: Back, Flood Height: 10 ft.
Loc: No restriction Number: 2
Special conditions: No sign Projection: None
shall be permitted for more
than 30 days and one
renewal of 30 days. No
additional re-application
shall be considered sooner
than 90 days after
termination of the last
such permit.
027 Shopping center.
A sign which identifies a complex of retail or office establishments
which are serviced by common parking and driveway facilities and
are in a complex of at least three (3) commercial establishments
on the same property or adjacent properties. Such a sign is
allowed in lieu of on-premise identification pole signs for each
individual business.
Type Str: Pole, 2 face Size: 500 sq. ft.
Ill: Back, Flood, Sil Height: Min. 8 ft., Max. 30 ft.
Loc: No restriction Number: 1 per interior lot
Projection: 4 ft.
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028 Subdivision Temporary.
A sign located at a new development which is intended to identify
the development until the project is complete, where there are
multiple lots.
Type Str: Pole, Mon, 2 face Size: 100 sq. ft
Ill: None Height: 15 ft.
Loc: Buildable Area Number: 1 per entrance to area
Special Condition: 180-day Projection: None
can be renewed until
project is 90% completed
on 10 renewals.
029 Political Signs.
Political signs are permitted in all districts, subject to the following
conditions:
1.Location and Size.
No such signs shall be placed on public property. Such
signs may be located in a required yard in any district,
except none shall be within thirty (30) feet of a corner
street lot line intersection. No such sign shall exceed
thirty-two (32) square feet in surface area nor eight (8) feet
in horizontal length.
2.Height.
Such signs shall not exceed five (5) feet in height.
3.Time Limit.
Such signs shall not be erected more than forty-five (45)
days prior to the election to which they pertain. Such signs
shall be removed or caused to be removed by the person
or organization responsible for the erection or distribution
of such signs, or by the owner of the property upon which
they are located, or by such owner's agent no later than
seven (7) days after the election to which such signs
pertain unless a primary or special election sign continues
to be pertinent to a general election to be held within
forty-five (45) days after said primary or special election, in
which case such signs may remain for a period not to
exceed seven (7) days after such general election.
4.Permit.
No additional permits shall be required.
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5.Penalty.
Any person who violates this section will be given
forty-eight (48) hours from the time the violation is
discovered and the offender notified to come into
compliance herewith. Thereafter the offense may be
prosecuted as a municipal infraction.
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SECTION 65A
LANDSCAPING
SECTION 65A. LANDSCAPING.
65A.1. Purpose.
The landscaping regulations are intended to improve the physical
appearance of the community; to improve the environmental
performance of new development by contributing to the abatement
of heat, glare and noise and by promoting natural percolation of
stormwater and by improving the quality of air; to buffer potentially
incompatible land uses from one another and to conserve the
value of property and neighborhoods within the city. This section
is intended to control and regulate properties in the C-1 and C-2
zoned commercial districts.
65A.2 Applicability.
No building permit shall be issued for the construction,
reconstruction or structural alteration of a building and/or its
parking area, nor shall a certificate of occupancy be granted for a
use without conformity with the provisions of these landscape
regulations. However, the following shall be exempt from the
landscape regulations of this section:
1.Reconstruction or replacement of a lawfully existing use or
structure following casualty loss.
2.Reconstruction, rehabilitation or improvements to existing
uses or structures which do not substantially change the
location of structures or the location and design of parking
facilities or other site improvements.
3. Additions or enlargements of existing uses or structures,
except surface parking, which increase floor area or
impervious coverage by less than twenty (20) percent.
Where such additions or enlargements are twenty (20)
percent or greater, these provisions shall apply only to that
portion of the lot, site or common development where the
new development occurs.
4. Any individual lot occupied by a single-family dwelling or
two-family dwelling.
65A.3 Definitions.
The following definitions shall be used for terms contained within
this article:
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1.Bufferyard.
A landscaped area along lot lines provided to separate and
partially obstruct the view of two (2) adjacent land uses or
properties from one another. No structures except fences
shall be allowed in a bufferyard.
2.Deciduous Overstory Tree. A shade producing woody plant
having a mature height and spread of at least thirty (30)
feet with one well-defined trunk and having no branches at
or near the base.
3.Deciduous Shrubs.
Woody plants that range from three (3) to fifteen (15) feet
tall at maturity and often are multi-stemmed with low
branching.
4.Deciduous Understory Tree.
A woody plant at least fifteen (15) feet tall at maturity with
one or more well-defined trunks.
5.Evergreen/Conifer Shrub.
A woody plant having green needle-like foliage throughout
the year and ranging from three (3) to fifteen (15) feet tall
at maturity and often are multi-stemmed with low
branching.
6.Evergreen/Conifer Tree.
An upright cone-bearing plant having green needle-like
foliage throughout the year and at least fifteen (15) feet at
maturity.
7.Landscaped Area.
That area within the boundaries of a given lot consisting
primarily of plant material, including but not limited to
grass, trees, shrubs, flowers, vines, ground cover and
other organic plant materials. Inorganic materials, such as
brick, stone or aggregate, may be used within landscaped
areas provided that such material comprises no more than
thirty-five (35) percent of the required landscaped area.
Flat concrete or asphalt, other than walkways five (5) feet
or less in width, shall be prohibited within a required
landscaped area.
8.Reserved.
9.Minimum Street Landscaping.
The minimum landscaped area which must be provided in
a street yard, expressed as a percent of the total area
contained within that street yard.
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10. Street Yard.
A contiguous landscaped area along the street
right-of-way. The landscaped area shall be of a depth not
less than that established in Table I and measured from
each street right-of-way line extending perpendicularly into
the yard. The maximum depth of this area for purposes of
this appendix shall not be more than twice the depth of the
area at any other point.
11. Vehicular Use Area.
All areas subject to vehicular traffic, including but not
limited to accessways, driveways, loading areas, service
areas and parking stalls, for all types of vehicles. This
definition shall not apply to covered parking structures,
underground parking lots or public streets.
65A.4. General Provisions.
1.Conflicts.
Any conflict between this article and another section of this
ordinance shall be resolved in favor of the more restrictive
provision.
2.Landscape Plan Review Procedure.
A landscape plan shall be submitted as part of the site plan
review process. If no site plan review is required, a
landscape plan shall be submitted to the city council for
approval before any building permits are issued. The
council may approve, approve with conditions or deny the
application. An applicant should submit twelve (12) copies
of the landscape plan with the application.
3.Landscape Plan Contents Requirements. A landscape
plan at a scale of one inch equals twenty (20) feet shall be
prepared by a landscape architect or other similar
professional and shall show graphically and label clearly all
items related to the project, including but not limited to the
following:
a) Title, scale, north marker and date.
b) Zoning classification of site and adjoining property.
c)Location and dimensions of all retaining walls,
fences, walks, existing and proposed structures,
overhead utilities, refuse disposal areas, electrical
and mechanical equipment and vehicle use areas.
d) All lot lines, easements and rights-of-way.
e) All surrounding roads including names.
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f)The total square footage of the vehicle use areas
and the street yard.
g) Any condition listed in Section 65a.6(9) of these
requirements.
h) Location, scientific name, common name, quantity
and size of all existing plant materials and
designation of all vegetation to remain and/or be
removed.
i)Proposed landscape plantings by location, scientific
name, common name, quantity, planting size and
planting method. A plant list should be provided
listing this information and keyed to plant locations
on the plan.
j)Plant installation details.
k) Contours at one-foot intervals of all proposed
berms and the area within the dripline of all trees to
be preserved.
I)Drainage and detention areas.
m) Any other feature as determined necessary by the
city engineer.
n) Elevations, cross sections and other details as
determined necessary by the city engineer.
o) Designation of area to be used for snow storage.
4.Common Development.
A common development that includes more than one lot or
site shall be treated as one lot or site for the purposes of
satisfying the requirements of this section.
5.Previously Approved Site Plans.
Any site plan or landscaping plan approved by the
planning and zoning commission prior to the effective date
of this ordinance shall remain enforceable and in force.
6.Final Calculations.
All final calculations of required landscaping shall be
rounded up to the next whole number if the tenths place is
equal to or greater than five (5). All final calculations used
to determine the required landscaping shall be rounded
down to the next whole number if the tenths place is less
than five (5).
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7.Installation. All landscaping required by this section shall
be installed prior to occupancy or commencement of a use.
If the landscaping cannot be installed prior to occupancy or
commencement of a use because of climatic conditions,
the building inspector may issue a temporary certificate of
occupancy and grant a delay of landscaping installation
until the calendar date of June 1 immediately following the
date of said temporary certificate of occupancy. However,
in such case, the applicant shall post a surety or cash
bond equal to one hundred fifty (150) percent of the total
cost of the landscaping. No final certificate of occupancy
shall be issued until the landscaping is installed as
approved.
8.Maintenance of Required Landscaping.
Upon installation or preservation of required landscape
materials, appropriate measures shall be taken to ensure
their continued health and maintenance. Required
materials that do not remain healthy shall be replaced
consistent with the approved landscape plan.
9.Obstruction of View.
Landscaping installed in any landscaped area shall be in
accordance with the visibility requirements outlined in
section 35.03 - Fence Regulations - Setback.
10. Rights-Of-Way, Easements and Drainaqe.
Required landscaping shall not disturb drainage systems
or be placed upon easements or rights-of-way.
65A.5. Street Yard Landscaping Requirements.
Landscaping shall be provided within street yards and encompass
the minimum depth as set forth in Table 1:
Table 1
Street Yard Landscaping
Districts Minimum Depth (feet)
C1 20
C2 15
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65A.6. Buffervards and Screening.
1.A bufferyard shall be required when a use is established in
a more intensive zoning district which is adjacent to a less
intensive zoning district. The owner or developer of the
property within the more intensive district shall install and
maintain a landscaped bufferyard on said property as set
forth in this section. Bufferyard requirements apply only to
those districts indicated in Table 2. When the development
is adjacent to property which is zoned R-1 or R-2 and likely
to be developed, the land use policy plan can be used as a
guide to determining the future zoning and hence the
bufferyard requirements in anticipation of that future
zoning:
Table 2
Bufferyard Requirements
Adjacent, Less Intensive District
R1 R2
More C1 20 20
Intense C2 25 25
District
2.Districts With Common Lot Lines.
When the use in the more intensive zoning district has a
common lot line with a less intensive zoning district, the
required bufferyard is set forth in Table 2.
3.Districts With Intervening Alley.
When an alley separates adjacent districts requiring a
bufferyard, one-half (1/2) the width of the alley shall be
credited toward meeting the required bufferyard.
4.Districts With Intervening Malor Street. When an
expressway or primary street, as shown on the
thoroughfare plan, separates adjacent districts requiring a
bufferyard, the required bufferyard shall be the greater of
one-half the required bufferyard as set forth in Table 2 or
the minimum depth of street front landscaping provided in
Table 1.
5.Districts With Intervening Secondary Street.
When a secondary or local street, as shown on the
thoroughfare plan, separates adjacent districts requiring a
bufferyard, the required bufferyard shall be the greater of
the required bufferyard set forth in Table 2 or the minimum
depth of front yard landscaping provided in Table 1.
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6.Railroad Right-Of-Way.
Any lot or site which is adjacent to an active railroad
right-of-way shall be exempt from any bufferyard
requirement along the common property line with such
right-of-way.
7.Only one-half (1/2) of the required bufferyard needs to be
provided if the bufferyard includes screening in accordance
with Section 65A.6(11).
8.Required Screening.
Screening is required on all properties requiring a
bufferyard when one or more of the following conditions in
the more intensive zoning districts is directly visible from
the boundary of the less intensive zoning district:
a) Outdoor storage areas.
b) Loading/unloading areas, refuse collection points
and other service areas.
c) Major machinery or areas housing a manufacturing
process.
d) Vehicular use areas.
e) Sources of glare, noise or other environmental
effects.
f)On and above grade electrical and mechanical
equipment, including but not limited to
transformers, heat pumps and air conditioners.
g) Satellite dishes.
h) Other noxious uses as determined by the planning
director.
9.Screening shall be installed no closer to the less intensive
district than one-half (1/2) the width of the required
bufferyard.
10. Screening shall not adversely affect surface water
drainage.
11. Material Standards For Screening.
Any screening material required by this ordinance shall be
an opaque barrier at least six (6) feet in height in all yards
except the front yard which shall be between two and
one-half (2 1/2) feet and three (3) feet in height. The
design of the screen shall be such as to completely
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obscure the view of the noxious use from the neighboring
property. The following are acceptable barriers:
a) A solid wood and/or masonry fence or wall of a
design approved by the community development
director.
b) A hedge or random, informal screen of conifer
evergreen) plant material attaining the required
minimum height within three (3) years of planting.
The initial height of plantings shall not be less than
one-half (1/2) the required minimum height.
c) A landscaped earth berm with a maximum slope of
one(1) foot of rise per three (3) feet of run, rising no
less than the required minimum height above the
existing grade of the lot line separating the zoning
districts.
d) Any combination of these methods that achieves a
cumulative height no less than the required
minimum height.
65A.7. Landscaping Requirements for Vehicular Use Areas.
1.Interior Landscaping Area.
a) For vehicular use areas greater than four thousand
4,000) square feet but less than thirty thousand
30,000) square feet, an area equivalent to a
minimum five (5) percent of the total vehicular use
area shall be landscaped. The required landscaped
area shall be located in the interior of the vehicular
use area.
b) For vehicular use areas greater than thirty
thousand (30,000) square feet, an area equivalent
to a minimum of seven (7) percent of the total
vehicular use area shall be landscaped. The
required landscaped area shall be located in the
interior of the vehicular use area.
c) Vehicular use areas less than four thousand
4,000) square shall be exempt from interior
landscaping requirements.
d) Interior landscaping may be provided in the corners
of the parking area, islands and strip plantings.
2.Parking shall be allowed in the front yard of properties
conforming to the requirements of these landscape
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regulations. However, the minimum depth requirement of
landscaping set forth in Section 65A.5 shall be strictly
adhered to.
3.There shall be sufficient barriers to protect all landscaped
areas from vehicular damage.
4.The vehicular use area must terminate at least five (5) feet
from any exterior building wall. Exceptions may be made
where it is necessary to cross the nonvehicular use area to
gain access to the buildings and for drive-up facilities, such
as banks and restaurants.
5.Reserved.
6.If any vehicular use area, other than a driveway, is located
within the required front yard, screening shall be provided
between said vehicular use area and the front property
line.
7.Landscaping sufficient to achieve the stated intent of these
regulations shall be required for covered and underground
parking structures as determined by the community
development director.
65A.8. Changes to Approved Landscape Plan.
The landscaping shall be installed and maintained according to
the approved landscape plan except where authorized changes
are permitted. The approved landscape plan and supporting data
shall be binding on the applicants, their successors, grantees and
assigns:
1.Major Changes.
A change in the approved site development plan or
landscape plan which alters the landscape requirements or
the concept or intent of the landscape design, including but
not limited to a change in the vehicle use area, type of
screening and general location, size or type of landscape
materials, shall be approved only by submission of a new
site plan in accordance with the procedures previously set
forth for the approval of site development plans.
2.Minor Changes. The zoning inspector or designate may
approve minor changes in the site development plan which
do not change the concept or intent of the development.
3. Approved Plans Superseded by Approved Revised Plans.
All approved landscape plans superseded by an approved
revised landscape plan shall be considered to be null and
void at the time of approval of the revised plan.
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ARTICLE VII
M-1" LIGHT INDUSTRIAL DISTRICT
SECTION 70. TITLE.
The regulations set forth in this Article, or set forth elsewhere in this
Ordinance when referred to in this Article, are the regulations in the
M-1" Light Industrial District.
SECTION 71. USE REGULATIONS.
A building or premises shall be used only for the following purposes:
71.01. Any use first permitted in the "C" Commercial District but not
including those uses first permitted in "R-1" or"R-2" Residential
Districts.
71.02. Used car lots provided that use be limited to the display of used
cars for drive-away sales and does not include wrecking or
salvage operations.
71.03. Repair shop for repair of small tools, equipment and appliances,
electrical and otherwise.
71.04. Electric motor repair shop.
71.05. Tool, die, gage and pattern shop.
71.06. Small manufacturing plant using machine tools for production but
excluding foundries, smelting operations or any operation giving
off objectionable fumes, dust or noise.
71.07 Bottling plant.
71.08. Private or commercial parking lot.
71.09. Wood working shop but not to include saw mill.
71.10. Tent and awning manufacture and service.
71.11. Upholstering shop.
71.12. Stone cutting but not to include quarrying.
71.13. Warehouse.
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SECTION 72. HEIGHT REGULATIONS.
No building hereafter erected or altered shall exceed two and one-half(2-
1/2) stories nor shall it exceed forty (40) feet in height except as provided
in Articles X and XI.
SECTION 73. AREA REGULATIONS.
73.01. Front Yard. There shall be a front yard having a depth of not less
than than twelve (12) feet. Where the street is curved, the line
shall follow the curve of the street rather than be a straight line.
73.02. Side Yard. There shall be a side yard on each side of a building
having a width of not less than ten (10) feet. No accessory
building shall project beyond the side line.
73.03. Rear Yard. There shall be rear yard having a depth of not less
than thirty (30) feet.
73.04. Intensity of Use. Every lot or tract of land shall have an area of
not less than seventy-five hundred (7,500) square feet and an
average width of not less than sixty (60) feet, except that if a lot or
tract has less area or width than herein required and was legally
platted and was on record at the time of the passage of the 1977
Ordinance, such lot or tract may be used for any of the uses
permitted by this Article.
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ARTICLE VIII
M-2" HEAVY INDUSTRIAL DISTRICT
SECTION 80. TITLE.
The regulations set forth in this article, or set forth elsewhere in this
Ordinance when referred to in this article, are the regulations in the
M-2" Heavy Industrial District.
SECTION 81. USE REGULATIONS.
Any building or premises not otherwise permitted elsewhere in this
Ordinance may be used for any purpose not in conflict with any ordinance
of the City of Riverdale regulating nuisance provided that the City Council
authorizes such use by a special use permit after a recommendation on
the proposed use by the Planning Commission as established in Article
IX. The Planning Commission, in its recommendation regarding the use of
a building or premises shall consider the effect of such use upon the
character of the neighborhood, traffic conditions, public utility facilities,
and other matters pertaining to the public health, public safety or general
welfare including the effects of dust, gas, smoke, noise, fumes, odor,
vibrations or soot.
SECTION 82. HEIGHT REGULATIONS.
No building hereafter erected or altered shall exceed four(4) stories nor
shall it exceed eighty (80) feet in height, except as otherwise provided in
Articles X and XI hereof.
SECTION 83. AREA REGULATIONS.
All area regulations pertaining to the front yard, side yard, rear yard or
intensity of use for a use permitted in the "M-2" Heavy Industrial District
shall be established by the City Council at the time that the special use
permit is approved. Such restrictions shall be considered after a
recommendation of the Planning Commission.
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ARTICLE IX
SPECIAL USE PERMITS
SECTION 90. SPECIAL USE PERMIT REGULATIONS.
The Board of Adjustment may, by special permit, after public hearing
and advertised as provided in Article XVIII and subject to such protective
restrictions that it deems necessary, authorize the location, construction,
extension or structural alteration of any of the following buildings or uses
set forth in Section 91, or an increase in height, in any district from which
they are prohibited or limited by this Ordinance.
SECTION 91. SPECIAL USES PERMITTED.
91.01. Any public building erected and used by any department of a
municipal, county, state or federal government.
91.02. Cemetery or mausoleum.
91.03. Airport, landing field, or landing strip.
91.04. Greenhouses, provided that any such structures shall not be less
than one hundred (100) feet from all property lines.
91.05. Nursery and truck gardens.
91.06. Roadside stands, commercial, amusement or recreational
developments for temporary or seasonal periods.
91.07. Extraction of gravel, sand or other raw materials.
91.08. Parking lots on land not more than three hundred (300) feet from
the boundary of any commercial, business or industrial district,
under such conditions as will protect the character of surrounding
property.
91.09. Intentionally Omitted
91.10. Radio/TV towers and radio/TV broadcasting stations.
91.11. Exhibitions and fairgrounds.
91.12. Any use that is not a nuisance per se and which is generally
similar to the uses permitted in the district in which such use is
located by special permit.
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91.13. Bike paths.
91.14. Special Use Permit Regulations.
Any buildings or uses in any district which by ordinance are specifically
permitted by special permit of the Board of Adjustment in accordance with
the limitations or conditions of the ordinance applicable to such district.
SECTION 92. repealed and removed May 17, 2016)
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ARTICLE X
NON-CONFORMING USES
SECTION 100. CONTINUATION OF NON-CONFORMING USES.
The lawful use of a building existing at the time of the adoption of this
Ordinance may be continued, although such use does not conform to the
provision hereof. A non-conforming use of a building may not be changed
to another non-conforming use.
SECTION 101. DISCONTINUATION OF CERTAIN NON-CONFORMING USES.
The lawful use of land for storage purposes (where such use is not an
adjunct of any building) and for advertising signs and billboards which
does not conform to the provisions of this Ordinance shall be
discontinued within five (5) years from the date of the approval of this
Ordinance, and the same uses of land which become non-conforming by
reason of a subsequent change in this Ordinance shall also be
discontinued within five (5) years from the date of the change.
SECTION 102. RESTORATION AFTER DAMAGE.
No building not including dwellings which has been damaged by fire,
explosion, act of God or the public enemy, to the extent of more than fifty
50) percent of its value, shall be restored except in conformity with the
regulations of this Ordinance. A dwelling damaged or destroyed by fire or
such other casualty, even though in excess of fifty (50) percent of its
value, may be restored to its original size and location provided that
reconstruction is started within one year after such fire or casualty.
SECTION 103. LAPSES IN NON-CONFORMING USES.
In the event that a non-conforming use of any building or premises is
discontinued or its normal operation stopped for a period of one (1) year,
the use of the same shall thereafter conform to the regulations of the
district in which it is located.
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ARTICLE XI
EXCEPTIONS AND VARIATIONS TO THE USE, HEIGHT AND AREA REGULATIONS
SECTION 110. EXCEPTIONS AND VARIATIONS.
The district regulations hereinafter set forth in this article qualify or
supplement, as the cause may be, the district regulations appearing
elsewhere in this Ordinance.
110.01. Public, semi-public or public service buildings, hospitals,
institutions or schools, when permitted in a district, may be
erected to a height not exceeding eighty (80) feet, and churches
and temples may be erected to a height not exceeding one
hundred (100) feet if the building is set back from each yard line
at least one (1) foot for each foot of additional building height
above the height limit otherwise provided in the district in which
the building is located.
110.02. Single-family and two-family dwellings where permitted may be
erected to a height of not more than fifty (50) feet when the side
yards are increased over the yard requirements of the district in
which they are located by not less than ten (10) feet but they
shall not exceed three (3) stories in height.
110.03. Chimneys, cooling towers, elevator bulkheads, fire towers,
monuments, stacks, stage towers or scenery lofts, tanks, water
towers, ornamental towers and spires, church steeples, radio
towers, television antennas, or necessary mechanical
appurtenances, may be erected to a height exceeding that for
the district in which located. Provided, however, that in "R-1", "R-
2" and "C" Districts approval therefore must first be obtained
from the City Council. Prior to such approval, written reports
shall be submitted by the Chief of the Fire Department and the
Building Inspector.
110.04. Accessory buildings may be built in a required rear yard but
such accessory buildings shall not be nearer to any side lot line
that the required distance of the main building or the main use of
the premises to which the accessory building is incidental.
110.05. Whenever a lot abuts upon an alley, one-half of the width of the
alley may be considered as a portion of the required rear yard.
110.06. Every part of a required yard shall be open to the sky,
unobstructed, except for accessory buildings in a rear yard, and
except for the ordinary projections of sills, belt courses, cornices
and ornamental features projecting not to exceed twelve (12)
inches.
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110.07. Open or lattice-enclosed fire escapes, fireproof outside
stairways, and balconies opening upon fire towers projecting into
a rear yard not more than five (5) feet, and the ordinary
projections of chimneys and flues into the rear yard may be
permitted by the Building Inspector.
110.08. Buildings that are to be used for storage purposes only may
exceed the maximum number of stories that are permitted in the
district in which they are located, but such buildings shall not
exceed the number of feet of building height permitted in such
districts.
110.09. Temporary buildings that are used in conjunction with
construction work only may be permitted in any district during
the period that the building is being constructed, but such
temporary buildings shall be removed upon completion of the
construction work as determined by the Building Inspector.
110.10. More than one (1) industrial, commercial, or institutional building
may be erected upon a single lot or tract, but the yards and open
spaces required around the boundaries of the lot or tract shall
not be encroached upon by any such buildings, nor shall there
be any change in the intensity of use regulations.
110.11. Whenever a lot or tract in and "R-1" or"R-2" district, legally
platted for record on passage of the 1977 Ordinance, contains
an area less than the minimum area otherwise prescribed under
the Intensity of Use provisions of this Ordinance, the front yard,
side yard, rear yard and minimum dwelling ground area
requirements therefore shall be proportionally reduced.
SECTION 115. REASONABLE ACCOMMODATION VARIANCE
1. Classification of Variance.
a) Reasonable accommodation variances are variances to
any requirement of this Code required by state or federal
law based on the special needs of the occupant.
b) An applicant must specifically designate a request for a
reasonable accommodation variance in the application.
2. Variance Standards.
The reviewing authority may grant a variance from the
requirements of this Code, except as expressly prohibited, if it is
established that:
a) The applicant and proposed use meet the qualifications for
applicability under a state or federal law that may require
the City to waive, adjust, or reasonably accommodate land
use regulations.
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b) The requested variance is necessary to comply with state
or federal law requirements for adjustment, waiver, or
reasonable accommodation of land use regulations, e.g.,
federal Fair Housing Act, Americans with Disabilities Act,
Rehabilitation Act, Religious Land Use and Incarcerated
Persons Act.
c) The variance is the minimum necessary to comply with the
applicable state or federal law.
3. Notice of Duration of Reasonable Accommodation Variances:
Expiration.
a) Notice of the condition(s)/event(s) that would terminate the
reasonable accommodation variance shall be recorded in
the County deed records.
b) Reasonable accommodation variances that allow use of a
lot not otherwise permitted by this Code but required under
state or federal law shall expire upon termination of the
occupancy of the lot by the activity, use, or individual/entity
qualifying for the use variance under state or federal law.
c)Reasonable accommodation variances relating to the
placement of the structure, the dimensional standards of
the lot, or other variances relating to the structure (other
than to the use of the structure), shall expire when:
1) the portion of the structure that received the
variance is 60% or more damaged or is destroyed
and
2) occupancy of the lot by the activity, use, or
individual/entity qualifying for the variance under
state or federal law has ceased.
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ARTICLE XII
BOARD OF ADJUSTMENT
SECTION 120. CREATION AND MEMBERSHIP.
A Board of Adjustment is hereby established, which shall consist of five
5) members. The word "Board"when used in this article shall be
construed to mean the Board of Adjustment. The terms of office of the
members of the Board of Adjustment and the manner of their appointment
shall be as provided by statute.
SECTION 121. MEETINGS.
Meetings of the Board of Adjustment shall be held at anytime that the
Board may determine. All hearings conducted by said Board shall be
open to the public. The Board shall keep minutes of its proceedings
showing the vote of each member upon each question, or if absent or
failing to vote, indicating such fact, and shall also keep records of its
hearings and other official actions. Findings of fact shall be included in the
minutes of each case of a requested variation, specified. Every rule or
regulation, every amendment or repeal thereof, and every order,
requirement, decision or determination of the Board shall be filed
immediately in the office of the Board and shall be a public record. The
Board shall adopt its own rules of procedure not in conflict with this
Ordinance or with Iowa statutes and may select or appoint such officers
as it deems necessary.
SECTION 122. APPEAL.
An appeal may be taken to the Board of Adjustment by any person, firm
or corporation, or by any officer, department, Board or Bureau affected by
a decision of the Zoning Inspector. Such appeal shall be taken within
such time as shall be prescribed by the Board of Adjustment by general
rule, by filing with the Building Inspector and with the Board of Adjustment
a notice of appeal, specifying the grounds thereof. The Zoning Inspector
shall forthwith transmit to the Board all of the papers constituting the
record upon which the action appealed from was taken.
The Board shall render a decision on the appeal without unreasonable
delay. Any person may appear and testify at the hearing, either in person
or by duly authorized agent or attorney.
SECTION 123. JURISDICTION.
123.01. The Board of Adjustment shall hear and decide appeals from
any order, requirement, decision or determination made by the
County Building Inspector on all matters pertaining to zoning.
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123.02. It shall also hear and decide all matters referred to it or upon
which it is required to pass under this Ordinance.
123.03. The Board may reverse or affirm wholly or partly or may modify
or amend the order, requirements, decision or determination
appealed from to the extent and in the manner that the Board
may decide to be fitting and proper in the premises, and to that
end the Board shall also have the powers of the officer from
whom the appeal is taken.
123.04. When a property owner shows that a strict application of the
terms of this Ordinance relating to the use, construction, or
alteration of buildings or structures, or to the use of land
imposes upon him or her practical difficulties or particular
hardships, then the Board may make such variations of the strict
application of the terms of this Ordinance as are in harmony with
its general purpose and intent. When the Board is satisfied,
under the evidence heard before it, that a granting of such
variation will not merely serve as a convenience to the applicant,
but is necessary to alleviate some demonstrable hardship, it
may make such variation in the following instances:
123.04.01. To permit the extension of a district where the
boundary line of a district divides a lot in single
ownership as shown on record, but such extension
of any district shall not exceed fifty (50) feet.
123.04.02. To permit the reconstruction of a nonconforming
building which has been destroyed or damaged to
an extent of more than fifty (50) percent of its value,
by fire, or act of God, or the public enemy, where
the Board shall find some compelling public
necessity requiring a continuation of the non-
conforming use.
123.04.03. To permit the erection and use of a "building or the
use of premises in any location for a public service
corporation for public utility purposes which the
Board deems reasonably necessary for the public
convenience or welfare.
123.04.04. To make a variance where, by reason of an
exceptional situation, surroundings, or condition of
a specific piece of property, or by reason of
exceptional narrowness, shallowness or shape of a
specific piece of property of record, or by reason of
exceptional topographical conditions that strict
application of any provision of this Ordinance would
result in peculiar and exceptional practical
difficulties or particular hardship upon the owner of
such property and amount to a practical
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confiscation of property, as distinguished from a
mere inconvenience to such owner, provided such
relief can be granted without substantial detriment
to the public good an without substantially impairing
the general purpose and intent of the
comprehensive plan as established by the
regulations and provisions contained in this
Ordinance.
123.04.05. To interpret the provisions of this Ordinance where
the street layout actually on the ground varies from
the street layout as shown on the District Zoning
Map fixing the several districts.
123.04.06. To waive any parking requirements whenever the
character or use of the building is such as to make
unnecessary the full provision of parking facilities or
where such regulations would impose an
unreasonable hardship upon the use of the lot, as
contrasted with merely granting an advantage or a
convenience.
123.05. In considering all appeals and all proposed variations to this
Ordinance, the Board shall, before making any variation from the
Ordinance in a specific case, first determine that the proposed
variation will not impair an adequate supply of light and air to
adjacent property, or unreasonably increase congestion in public
streets, or increase the danger of fire or endanger the public
safety, or unreasonably diminish or impair established property
values within the surrounding area, or in any other respect
impair the public health, safety, comfort, morals or welfare of the
inhabitants of the City of Riverdale. The concurring vote of three
3) members of the Board shall be necessary to reverse any
order, requirement, decision or determination of the Building
Inspector, or to decide in favor of the applicant any matter upon
which it is authorized by this Ordinance to render a decision.
123.06. Nothing herein contained shall be construed to give or grant to
the Board the power or authority to alter or change the Zoning
Ordinance or the District Zoning Map, such power and authority
being reserved to the Council of Riverdale, in the manner
hereinafter provided in Article XVIII.
SECTION 124. NOTIFICATION.
The Board shall make no recommendation except in a specific case and
after a public hearing. The Board shall select a reasonable time and place
for the hearing of the appeal and give due notice by letter thereof to the
property owners within three hundred (300) feet in all directions exclusive
of streets and alleys. Such notice shall contain the address or location of
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the property for which the variation or other ruling by the Board is sought,
as well as a brief description of the nature of the appeal.
SECTION 125. RELIEF.
Any person or persons, jointly or severally aggrieved by any decision of
the Board, or any taxpayer or any officer, department, board, or bureau of
the City of Riverdale, shall have recourse to such relief as is provided by
Statute.
SECTION 128. MODIFICATIONS TO SECTION 303(d) AND 304 (b) OF THE UNIFORM
BUILDING CODE
Article 1, Section 4 of the Riverdale City Code is hereby amended by adding the
following Subsection I.
Section 303(d) and 304(b) of the Uniform Building Code are hereby modified as follows:
I.Sections 303(d) and 304(b) of the Uniform Building Code shall not apply to
building permits issued for "apartment houses" or"dwellings" as defined in Chapter 4 of
the Uniform Building Code (UBC). With regard to building permits for"apartment
houses" and "dwellings,"the following provisions replace those contained in Sections
303(d) and 304(b) of the UBC:
1) Expiration. Except as provided below, every building permit issued for"apartment
houses" or"dwellings" shall expire by limitation and become null and void at the
conclusion of the 365th day after the date of the permit.
2) Additional Time. A permittee may be granted a building permit that will expire 18
months after the date of the permit if at the time the permit is applied for, the permittee
demonstrates by adequate proof that additional time will be needed to complete the
building project. The length of the permit will be extended beyond 365 days only for such
time as in the county building inspector's or designate's discretion is necessary to
complete the project.
The county building inspector or desingate shall notify the City Council in writing of any
decision to extend any building permit beyond the length of 365 days. The Council may
shorten or lengthen the building permit at any time within 60 days after receipt of the
written notice from the building official after notice and opportunity to be heard is given to
the permittee.
3) Extension Where Occupancy Permit Has Been Applied For. The county building
inspector or desingate may grant an extension to a permit where an occupancy permit
has been applied for. The permittee shall be charged fees for the extension in an
amount of one-half of all fees charged to the permittee for the permit which is extended.
The extension shall expire and be void when such occupancy permit has been denied.
The county building inspector or designate shall also have the discretion to extend the
permit once up to 30 additional days after the occupancy permit has been denied where
the permittee has adequately demonstrated to the building official that all items required
for the granting of an occupancy permit will be completed within the additional time
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granted. The fees for such an extension shall be one-half of all fees charged to the
permittee for the permit which is extended.
4) Fees for Building Permits. The fees for the first permit obtained by a permittee
Shall be as set forth by Scott County and the City of Riverdale. At the expiration of any
permit and all extensions thereof, the permittee shall apply to the building official for a
new permit. The fees for any subsequent permit obtained shall be double the amount of
all the fees charged for the most recent permit obtained prior to the application for the
new permit. Should any application for a new permit contain any changes in plans or
specifications so as to change the rate for the fees provided by Scott County and the
City of Riverdale, then the fees for the new permit shall be calculated as if such
specifications were contained in the first permit obtained by the permittee.
5) Applicability. The foregoing provisions shall apply to all "apartment houses" and
dwellings" presently under construction as well as "apartment houses" and "dwellings"
to be constructed in the future. Upon the expiration of any permit that is in effect at the
time of the passage of the ordinance herein, the permittee shall apply for a new permit
which shall be treated as the first permit as defined herein.
6) Variance. Any permittee may apply in writing directly to the City Council for a
permit of different length than provided herein or for other relief from the provisions of
this subsection and ordinance, including provisions relating to permit fees. The Council
may consider and decide the application for variance after affording the applicant notice
and opportunity to be heard.
7) Violations. It shall be unlawful for any person, firm or corporation to erect,
construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip,
use, occupy or maintain any building or structure or cause or permit the same to be done
in violation of the provisions herein. [Reference, UBC, Section 205]. In addition, should
any building permit expire before work on the project is completed, then the permittee
shall apply for a new permit. Failure to apply for a new permit shall be a municipal
infraction as defined in section 364.22 of the Iowa Code. Each week that passes without
the application for a new permit when a new permit is required shall be treated as a
separate, additional infraction.
All permit fees that are required under this ordinance and the provisions of the
subsection shall be paid in full before any occupancy permit is granted.
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ARTICLE XIII
OCCUPANCY PERMITS
SECTION 130. APPLICABILITY.
Subsequent to the effective date of this Ordinance, no change in the use
or occupancy of land, nor any change of use or occupancy of an existing
building shall be made, nor shall any new building be occupied for any
purpose until a certificate of occupancy has been issued by the Building
Inspector. Every certificate of occupancy shall state that the new
occupancy complies with all provisions of this Ordinance. Excavation for,
or the erection or alteration of any building shall not be begun until
application has been made for a certificate of occupancy, and until a
provisional permit has been approved. No building or premises shall
subsequently be occupied until the occupancy certificate in issued.
SECTION 131. RECORD REQUIREMENTS.
A record of all applications, provisional permits and certificates of
occupancy shall be kept on file in the office of the Building Inspector, and
copies shall be furnished on request to any person having a proprietary or
tenancy interest in land or in a building affected by such certificate of
occupancy.
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ARTICLE XIV
PLATS
SECTION 140. REQUIREMENTS.
Each application for an occupancy certificate shall be accompanied by a
plat in duplicate, or duplicate prints thereof, drawn to scale, showing the
actual dimensions of the lot to be built upon, the size, shape and location
of the building to be erected, the size, shape and location of any existing
buildings, and such other information as may be necessary for the
enforcement of this Ordinance. A record of applicants and plats shall be
kept in the office of the Building Inspector.
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ARTICLE XV
BOUNDARIES OF DISTRICTS
SECTION 150. RULES WHERE UNCERTAINTY MAY ARt8E.
Where uncertainty exists with respect to the boundaries of the various
districts as shown on the map accompanying and made a part of this
Ordinance, the following rules apply:
150.01. The district boundaries are either streets or alleys unless
otherwise shown, and where the districts designated on the map
accompanying and made of part of this Ordinance are bounded
approximately by street or alley lines, the street or alley shall be
construed to be the boundary of the district.
150.02. 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 District
Zoning Map accompanying and made a part of this Ordinance
are bounded approximately by lot lines, the lot lines shall be
construed to be the boundary of the districts unless the
boundaries are otherwise indicated on the map.
150.03. In unsubdivided property the district boundary lines on the
District Zoning Map accompanying and made a part of this
Ordinance shall be determined by use of the scale appearing on
the map.
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ARTICLE XVI
ENFORCEMENT
SECTION 160. ZONING INSPECTOR.
It shall be the duty of all officers and employees of the City to assist the
Zoning Inspector by reporting to him upon new construction,
reconstruction, or land uses, or upon seeing violations. Appeal from the
decision of the Zoning Inspector may be made to the Board of Adjustment
as provided in Article XII.
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ARTICLE XVII
INTERPRETATION, PURPOSE AND CONFLICT
SECTION 170. INTERPRETATION, PURPOSE AND CONFLICT.
In interpreting and applying the provisions of this Ordinance, they shall be
held to the minimum requirements for the promotion of the public safety,
health, convenience, comfort, morals, prosperity and general welfare. It is
not intended by this Ordinance to interfere with or abrogate or annul any
Ordinance, rules, regulations, or permits previously adopted or issued,
and not in conflict with any of the provisions of this Ordinance, or which
shall be adopted or issued pursuant to law relating to the use of buildings
or premise and likewise not in conflict with this Ordinance, nor is it
intended by this Ordinance to interfere with or abrogate or annul any
easements, covenants, or other agreements between parties, provided,
however, that where this Ordinance imposes a greater restriction upon
the use of buildings or premises or upon height of buildings or requires
larger open spaces than are imposed or required by such ordinances or
agreements, the provisions of this Ordinance shall control.
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ARTICLE XVIII
AMENDMENTS AND CHANGES
SECTION 180. AUTHORITY.
The City Council may, from time to time, either on its own action of a
petition of interested property owners, after, public notice and hearing as
provided by law, amend, supplement, change, modify or repeal the
boundaries or regulations herein or subsequently established.
If such proposed amendment, supplement, change, modification or repeal
is petitioned for by interested property owners, said petition shall be
signed by the owners of fifty (50) percent of the area of all the real estate
described in said petition, and also by owners of fifty (50) percent of the
area of all real estate lying outside of said tract, but within two hundred
200) feet of the boundaries thereof, intervening streets and alleys not to
be included in computing such two hundred (200) feet.
SECTION 181. PROCEDURE.
Whenever any amendment, supplement, change, modification or repeal
of this Ordinance is proposed, such proposed amendment, supplement,
change, modification or repeal shall first be submitted to the Planning and
Zoning Commission of the City of Riverdale, which shall within thirty (30)
days after the date of the receipt thereof report back to the City Council
indicating approval or disapproval thereof. If the report of the Planning
and Zoning Commission on such proposed amendment, supplement,
change, modification or repeal is unfavorable or in the event of a protest
against such proposed amendment, supplement, change, modification or
repeal signed by the owners of twenty (20) percent or more of the area of
all real estate lying outside the tract included in such proposed change,
but within two hundred (200) feet, such amendment shall not become
effective except by the favorable vote of at least three-fourths (3/4) of all
the members of the Council. The provision of the statute relative to public
hearing and official notice shall apply to all changes or amendments.
Public hearing cannot be held until at least fifteen (15) days has elapsed
after publication of the notice). If any area is hereafter transferred to
another district by a change in district boundaries by an amendment,
supplement, change, modification or repeal, as above provided, the
provision of this Ordinance in regard to buildings or premises existing at
the time of the passage of this Ordinance shall apply to building or
premises exiting at the time of passage of such amendment in such
transferred area.
It shall be the duty of the City Council to act upon such proposed
amendment, supplement, change, modification or repeal within thirty (30)
days after receiving the report from the Planning and Zoning Commission.
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ARTICLE XIX
VIOLATION AND PENALTY
SECTION 190. FINES FOR VIOLATIONS.
Any person, firm or corporation who violates, disobeys, omits, neglects, or
refuses to comply with, or who resists enforcement of any of the
provisions of this Ordinance shall, upon conviction, be fined not less than
five dollars ($5.00) nor more than one hundred dollars ($100.00) for each
offense. Each day that a violation is permitted to exist shall constitute a
separate offense.
SECTION 191. VIOLATIONS.
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 Ordinance, the Building Inspector, in
addition to other remedies, may institute any proper action or proceedings
in the name of the City of Riverdale, and hereby shall have the powers of
a police officer to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance, or use, to
restrain, correct or abate such violations, to prevent the occupancy of said
building, structure or land, or to prevent any illegal act, conduct, business
or use in or about said premises.
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ARTICLE XX
VALIDITY/SEVERABILITY
SECTION 200. VALIDITY.
Should any section or provisions of this Ordinance be declared by a court
of competent jurisdiction to be invalid, such decision shall not affect the
validity of the Ordinance as a whole or any part thereof other than the part
so declared to be invalid.
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ARTICLE XXI
REPEAL OF CONFLICTING ORDINANCES
SECTION 210. REPEAL OF CONFLICTING ORDINANCES.
All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
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ARTICLE XXII
DATE OF EFFECT
SECTION 220. DATE OF EFFECT.
This Ordinance shall be in full force and effect from and after publication
and recording as provided by law.
PASSED and APPROVED this 17 day of May 2016.
Mayor
ATTEST:
c-u,daY)9
Clerk
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