155.01 Purpose. The purpose of this chapter is to provide and establish reasonable rules and regulations for the erecting and altering of buildings in the City, as well as the use and occupancy of such buildings.
(Code of Iowa, Sec. 364.1)

155.02 BUILDING OFFICIAL. The Clerk is the Building Official and is responsible for the administration and enforcement of this chapter.

155.03 PERMIT REQUIRED. No building or other structure shall be erected or altered within the City without first receiving a permit. A permit is required for work such as new homes, additions, patios, decks, porches, garages, accessory buildings, or for work that would change the outside dimensions of an existing building. A permit is not required for interior remodeling, roofing, window replacement, or siding a building. The construction of a fence does not require a building permit, but the construction of such fence shall comply with standards established in this chapter.

155.04 APPLICATION. Application shall be made in writing, filed with the Building Official and contain the following information:
1. Name. The name and address of the applicant.
2. Location. The street address and full legal description of the property.
3. Proposed Work. The nature of work proposed to be done.
4. Use. The use for which the structure is or will be used.
5. Plans. Application for permits shall be accompanied by such drawings of the proposed work, including such floor plans, sections, elevations and structural details, as the Building Official may require. There shall also be filed a diagram or sketch in a form and size acceptable to the Building Official with all dimensions figured, showing accurately the size and location of the lot to be built upon, and the location and size of the building or structure to be erected or altered.

155.05 FEE. A permit fee, as established by resolution of the Council, shall be paid to the City prior to issuance of the permit. In the event that work has commenced without first obtaining a permit, the permit fee shall be doubled. The payment of such double fee shall not relieve any persons from fully complying with the requirements of this chapter in the execution of the work.

155.06 AMENDMENTS. Nothing shall prohibit the filing of amendments to an application or to a plan or other record accompanying same, at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.

155.07 LIMITATION ON PERMIT. In the event that construction covered by a permit is not initiated and underway within one year from the date of issuance of a permit, such permit shall be deemed void and of no effect. All permits shall expire and be void six months after issuance by the Clerk. If construction is not completed a new application and fee must be submitted.

155.08 COMPLETION OF EXISTING BUILDINGS. Nothing contained in this chapter shall require any change in the plans, construction, size or designated use of a building, for which a valid permit has been issued or lawful approval given before June 1, 1980; provided, however, construction under such permit or approval shall have been started within six (6) months and the ground story framework, including structural parts of the second floor, shall have been completed within one year and the entire building completed within two (2) years after June 1, 1980.

155.09 APPLICATION APPROVED. It is the duty of the Building Official to examine applications for permits within a reasonable time after filing. If, after examination, the Building Official finds no objection to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, the Building Official shall forward findings to the Council for its approval or disapproval.

155.10 ACTION BY COUNCIL. After receiving the findings of the Building Official, the Council shall, within a reasonable time, either approve or disapprove the application. If disapproved, the Council shall state its reasons for disapproval and notify the applicant of same. If approved, the Council shall instruct the Building Official to issue the building permit to the applicant. Said permit shall be issued in duplicate, one copy for the applicant and one copy to be retained in the City records.

155.11 RESTRICTIONS. No permit for the erection or alteration of a building or similar structure shall be granted unless it definitely appears that such erection or alteration shall not cause or be the source of the following:
(Code of Iowa, Sec. 414.24)
1. Noise. Any undue noise.
2. Electrical Interference. Any undue radio or television interference.
3. Odors. Any offensive odors.
4. Refuse. Any offensive or unsightly refuse.
5. Smoke. Any offensive or undue smoke.
6. Fire Hazard. Any fire hazard.
7. Appearance. Any unsightliness due to the appearance of any building or structure on the premises.
8. Congestion. Any undue gathering, congregating, parking of cars or undue congestion of people or traffic.
9. Other. Any effect that will be obnoxious, offensive, dangerous, or injurious to the health, welfare, and safety of citizens.

155.12 CONDITION OF THE PERMIT. All work performed under any permit shall conform to the approved application and plans, and approved amendments thereof. The location of all new construction as shown on the approved plan, or an approved amendment thereof, shall be strictly adhered to. It is unlawful to reduce or diminish the area of a lot or plot of which a plan has been filed and has been used as the basis for a permit, unless a revised plan showing the proposed change in conditions shall have been filed and approved, provided that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement.

155.13 REVOCATION. The Building Official may revoke a permit or approval issued under the provisions of this chapter in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.

155.14 PERMIT VOID. The permit becomes null and void if work or construction authorized is not commenced within 60 days, or if construction or work is suspended or abandoned for a period of 120 days at any time after work is commenced, or if the work is not completed within the time frame specified in the building permit. Extensions to these time frames may be granted by an affirmative vote of three-fourths of all of the members of the Council.

155.15 RESIDENTIAL DWELLING STANDARDS. All residential dwelling units shall meet the following minimum standards:
1. The dwelling unit must have a minimum width of 22 feet for at least 65 percent of the length of the dwelling unit, said dimension to be exclusive of attached garages, porches or other accessory structures.
2. All dwelling units including attached garages shall be placed on a permanent frost-free foundation.
3. All dwelling units shall provide for a minimum of 900 square feet of floor space.
4. All dwelling units shall have a minimum roof pitch of 3:12. This requirement shall not apply to manufactured housing if the housing otherwise complies with 42
U.S.C. Sec. 5403.
5. All dwelling units shall have an exterior wall covering that is either:
A. Wood or masonry finish or its appearance, and/or
B. Vertical or horizontal grooved siding or lap siding or its appearance.
The use of flat or corrugated sheet metal for the exterior walls or roof covering is prohibited.

155.16 RESTRICTED RESIDENCE DISTRICT. The following area is hereby defined and established as a restricted residence district:
All that area lying within the corporate limits of the City except the following described area:
An area bounded by Randolph Street, Washington Street, “G” Street and the Burlington Northern railroad tracks, including however, both sides of Randolph Street.

155.17 PROHIBITED USE. No building or other structure, except residences, schoolhouses, churches, and other similar structures, shall be erected, altered, used, or occupied within the restricted residence district as defined herein without first receiving from the Council a special use permit. No such special use permit shall be issued without the affirmative vote of three-fourths of all of the members of the Council.
(Code of Iowa, Sec. 414.24)

155.18 EXCEPTIONS. The provisions of the preceding section shall have no application to any business, store, shop, or factory existing and in operation in a restricted residence district on June 1, 1980, except in the matter of reconstruction, alteration or change in use of the structure.

155.19 PROTEST. No special use permit shall be granted when 60 percent of the residential real estate owners in the restricted residence district who are located within 600 feet of the proposed building or occupancy object thereto, except by a unanimous vote of all of the members of the Council.

155.20 NOTICE REQUIREMENTS. Whenever a restricted residence district is established or its boundaries changed, a public hearing must be held, notice of which shall be given at least seven days in advance of the hearing and in the manner prescribed in Section
18.05 of this Code of Ordinances. In no case shall the public hearing be held earlier than the next regularly scheduled City Council meeting following the published notice.
(Code of Iowa, Sec. 414.24)

155.21 FRONT YARD REQUIREMENTS. Within the restricted residence district there shall be a front yard of not less than 16 feet (measured from the front lot line), except as follows:
(Code of Iowa, Sec. 414.24)
1. Between Existing Buildings. Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the adjacent buildings on the two sides, or
2. Adjacent to Existing Building. Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only within the same block, such building may be erected as close to the street as a line drawn from the closest front corner of that building to a point 10 feet back from the front lot line measured at the center of the lot on which the proposed building is to be erected.
3. Double Frontage. Where lots have a double frontage, the front yard as required herein shall be provided on both streets.

155.22 SIDE YARD REQUIREMENTS. Within the restricted residence district no building shall be erected closer than 10 feet to either side lot line.
(Code of Iowa, Sec. 414.24)

155.23 REAR YARD REQUIREMENTS. Within the restricted residence district there shall be a rear yard provided for each principal building of not less than 16 feet (when measured from the rear lot line) or 10 percent of the depth of the lot, whichever amount is smaller.
(Code of Iowa, Sec. 414.24)

155.24 MINIMUM STANDARDS OF PRINCIPAL STRUCTURE. No dwelling shall be erected, placed, or occupied within the restricted residence district unless such dwelling shall have a minimum dimension of 22 feet measured at the narrowest point of such dwelling. Said dimension shall be exclusive of attached garages, porches or other accessory structures. All principal structures shall be placed on a permanent frost-free foundation.

155.25 GARAGES AND OTHER ACCESSORY BUILDINGS. A garage or other similar accessory building may be built in a rear yard, but such garage or accessory building shall not occupy more than 30 percent of a rear yard. In addition, the garage or accessory building shall not be nearer than five feet to any side or rear lot line, or closer than eight feet to any building unless it is connected thereto. The maximum size of a garage or accessory building shall be 32 feet by 36 feet and 12 feet in height. A garage or accessory building may be built in a side yard if compliance is made with the same side yard requirements as for the principal building.

155.26 FENCES.
1. Purpose. The purpose of this section is to provide for the regulation of fences within the City in furtherance of the public health, safety, and welfare. It is unlawful for any person to erect, construct, or maintain a fence which does not meet the standards set out in this section or which has not been constructed according to the procedure prescribe in this section.
2. Permit to Construct Fence. Anyone seeking to erect a fence shall first submit to the Council a written plan outlining the location of the fence, a specific description of the type of material to be used and the approximate time of construction. The plan shall indicate the location of streets, intersections, sidewalks, property lines, and adjacent buildings relative to the fence. The plan shall indicate the height of the fence and approximate post locations and spacing. The Council shall consider any such permits at the next regularly scheduled Council meeting. A special meeting of the Mayor and two Council members may be convened to approve a permit if waiting until the next meeting would cause a hardship in the opinion of the Mayor. The Council shall act upon the permits at the next regularly scheduled meeting and permit shall either be issued or denied, and reasons given. Notice of the decision shall be delivered in person or shall be mailed to the applicant by United States regular mail. The Council shall consider at least the following factors in approving a permit:
A. Safety;
B. Obstruction of view of intersection and streets;
C. Community appearance standards;
D. Property rights of adjacent or nearby property owners or any other adverse consequences to the community or property owners due to the type of fence construction requested. There is no fee required for the permit.
3. Prohibited Fences. The following types of fences are prohibited in the City:
A. Any fence composed of barbed wire;
B. Any fence connected to any type of electrical source carrying electrical current;
C. Any fence which obstructs or interferes with the view of streets and intersections causing a safety hazard within the City;
D. Any fence with sharp surfaces or other hazards causing concern for the safety of members of this community;
E. Any fence which is unsightly and not conducive to community appearance standards or which interferes with the enjoyment of the use of surrounding property owners;
F. Tin fencing.

155.27 VARIANCES. Variances to minimum yard or fence requirements may be approved by securing an affirmative vote of three-fourths of all of the members of the Council. Said variance must include the reason for a variance, why the variance was granted and specific description of the property for which the variance was granted.

155.28 CERTIFYING ORDINANCES. Within 15 days of the effective date of the adoption of any amendments to the provisions of this chapter, the Clerk shall certify such amendment to the County Recorder.
(Code of Iowa, Sec. 380.11)

155.29 ABATEMENT OF VIOLATION. Any building or structure erected, altered, used or occupied in violation of this chapter shall be determined a nuisance, and the same may be abated by the City or by any property owner within said district in the manner provided for the abatement of nuisances.

155.30 EXISTING LOTS. No yard or lot existing on June 1, 1980, shall be reduced in dimension or area below the minimum requirements established in this chapter.

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